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A 11027

Relates to detaining persons for longer than twenty-four hours

2025 Regular Session Introduced by Jessica González-Rojas

Sets a hard 24-hour limit from custody to arraignment and creates a NYC Detained Persons Registry to enhance transparency and speed up review of pre-arraignment detention.

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WeVote Research Nonpartisan
Bill Summary · A 11027

Summary of Bill A. 11027 (2025-2026) – New York

Main purpose and intent

  • The bill proposes to limit pre-arraignment detention by defining “without unnecessary delay” as a maximum of 24 hours from the time a person is taken into custody, and to create stronger oversight and transparency around detention practices.
  • It also adds a Detained Persons Registry and expands civil procedure protections for individuals detained more than 24 hours without arraignment.

Key provisions and changes

1) Clarification of “without unnecessary delay” (Criminal Procedure Law)
- New subdivision 9 to §140.20: “Without unnecessary delay” means the person must be in custody for 24 hours or less, measured from the time the person is taken into custody by a police officer or an agent acting on behalf of a police officer.
- If a government agency fails to meet this requirement, the person must be released immediately.

2) Detained Persons Registry (New Article 3 in Criminal Procedure Law)
- §3.10 Detained persons registry:
- Cities with populations of 1,000,000+ must create and maintain a searchable online registry containing the names, ages, and locations of persons taken into custody for any reason.
- Data entry occurs at the moment of custody; information related to appearances (tickets, summons, arraignments) or eventual release must be removed and destroyed immediately when those events occur.
- Access is limited to authorized users: defender organizations contracted with cities to represent criminal defendants. The administering agency must ensure only current employees have login credentials, with at least annual audits to purge former employees.
- The registry is to be operated solely by the New York City Police Department (NYPD); no non-local law enforcement, private individuals, or non-authorized personnel may access or participate.
- Strict confidentiality provisions: authorized users may disclose registry information only within the defender organizations to represent clients or potential clients.

3) Habeas Corpus and Detention Timeline (Civil Practice Law and Rules)
- New subdivision (f) to §7009: For writs challenging pre-arraignment detention beyond 24 hours, there is an evidentiary presumption that such detention was avoidable, unnecessary, and unlawful unless the petitioner proves by clear and convincing evidence that delay was unavoidable and actually necessary for each individual.

4) Effective date
- The act takes effect immediately upon enactment.

Who and what is affected

  • Affects:
    • Persons detained by police or agents within the city-portion of New York with population ~1 million or more (i.e., primarily NYC).
    • NYPD as the operator of the Detained Persons Registry.
    • Defender organizations contracted by cities to represent criminal defendants (authorized users of the registry).
    • Government agencies responsible for detention decisions (must comply with the 24-hour rule or face immediate release if they fail).

Procedural and timeline implications

  • Detention timing: Establishes a hard 24-hour limit from custody to release or arraignment; non-compliance triggers immediate release.
  • Registry use: Creates a centralized, real-time registry for custody events and requires rapid data entry and purge upon issuance of appearance tickets, arraignments, or releases.
  • Access controls: Limits data access to authorized defender organizations and audited personnel; restricts participation to local law enforcement operations.
  • Judicial process: Shifts the evidentiary burden in habeas corpus petitions challenging pre-arraignment detention toward proving avoidable delays by clear and convincing evidence.
  • Immediate effect: The act is operative immediately upon enactment.

Potential impact and considerations

  • Pros:

    • Increased transparency and accountability for pre-arraignment detention.
    • Stronger protections against unnecessary or extended custody without arraignment.
    • Enhanced oversight through a dedicated registry and strict access controls.
    • Clear judicial standard favoring release unless delay is clearly justified.

  • Cons/Considerations:

    • The registry consolidates sensitive data under NYPD control, raising privacy and civil liberties considerations; however, access is tightly regulated.
    • The focus on NYC (cities with 1,000,000+ population) concentrates impact in New York City, with potential need for coordination if other jurisdictions adopt similar measures in the future.

Overall, A. 11027 aims to tighten detention timelines, enhance transparency through a detained persons registry, and strengthen judicial protections against unwarranted pre-arraignment detention.

Compiled from official sources — confirm details with the bill’s official record.

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