Does #LessIsMoreNY apply to an individual who is on parole but in jail facing a new criminal charge (misdemeanor or felony)?

Answer

Yes – but likely not yet. Under #LessIsMoreNY, people accused of a new crime while on parole will get what’s called a recognizance hearing rather than automatically being detained because of the parole sticker. The recognizance hearing will most often be conducted simultaneously with the bail hearing on the new charge. The standard for release at the recognizance hearing is the same as at the bail hearing on the new charge: the court will release the person on their own recognizance (ROR) unless this will not reasonably assure the person’s appearance at subsequent hearings (if the person is a flight risk). Recognizance hearings are not scheduled to begin under the new law until March 1, 2022.

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