Benchcard: New York’s Bail Statute | Pretrial Options

Per New York’s 2019 reforms, the court must release defendants on their own recognizance, unless there is a demonstrated risk of flight to avoid prosecution. If there is a risk of flight, the court must select the “least restrictive” condition(s) permissible to reasonably assure a defendant’s court appearance and compliance with court conditions. This bench card summarizes the pretrial options, incorporating the April 2020 and April 2022 amendments.