Relates to the custody of defendants who are subject to electronic location monitoring

2025 Regular Session Introduced by Joe Angelino and 3 co-sponsors

Legislative Bill Summary: A 5251 OverviewThis bill, titled "Relates to the custody of defendants who are subject to electronic location monitoring," aims to establish guidelines an

REFERRED TO CODES

Overview

This bill, titled "Relates to the custody of defendants who are subject to electronic location monitoring," aims to establish guidelines and requirements for the use of electronic location monitoring (ELM) for defendants awaiting trial or sentencing. The bill was introduced in the New York State Assembly on January 30, 2025 and is currently under consideration by the Codes Committee.

Key Provisions

The main provisions of the bill include:

Eligibility for ELM: The bill would allow judges to order the use of ELM for defendants charged with certain offenses, including violent felonies, sexual offenses, and other serious crimes. Defendants would have to consent to the ELM requirement.

ELM Equipment and Procedures: The bill outlines requirements for the ELM equipment and monitoring procedures, including:

Use of tamper-resistant devices that track the defendant's location in real-time
Establishment of protocols for responding to alerts and violations
Provisions for maintaining the confidentiality of location data

Defendant Responsibilities: Defendants subject to ELM would be required to:

Pay a reasonable fee to cover the costs of the monitoring, unless they qualify for a waiver
Comply with all conditions of release, including restrictions on travel and activities
Promptly report any malfunctions or issues with the ELM device

Judicial Oversight: Judges would have the authority to modify or terminate ELM requirements based on the defendant's compliance and other relevant factors. The court would also be responsible for reviewing the use of ELM on a regular basis.

Potential Impact

If enacted, this bill could have several impacts on the criminal justice system in New York:

Increased use of ELM as a tool for monitoring and supervising defendants awaiting trial or sentencing, potentially reducing the risk of flight or the commission of additional crimes.

Potential cost savings for the state and localities by reducing the need for traditional incarceration or intensive supervision for some defendants.

Concerns about privacy and civil liberties, as the widespread use of ELM could be seen as an infringement on individual freedoms.

Potential disparities in the application of ELM requirements, if the costs are prohibitive for low-income defendants.

Conclusion

This bill represents an effort to expand the use of electronic location monitoring for certain defendants in the criminal justice system. While proponents argue that it could enhance public safety and reduce costs, critics may raise concerns about individual rights and the potential for unequal application. The bill's progress and any amendments will be important to follow as it moves through the legislative process.