S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5973
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 24, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  eliminating
   bail;  to  amend  the  executive  law,  in  relation to establishing a
   commission on public safety reform; and to repeal  certain  provisions
   of the criminal procedure law and the lien law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of  section  140.20  of  the  criminal
 procedure  law,  as  amended  by  chapter  550  of the laws of 1987, are
 amended to read as follows:
   2. If the arrest is for an offense other than a class A,  B,  C  or  D
 felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
 or 215.56 of the penal law, the arrested  person  need  not  be  brought
 before  a  local criminal court as provided in subdivision one, and [the
 procedure may instead be as follows:
   (a) A] INSTEAD A police officer may  issue  and  serve  an  appearance
 ticket  upon  the  arrested  person  and  release  him  from custody, as
 prescribed in subdivision two of section 150.20[; or
   (b) The desk officer in charge at a police  station,  county  jail  or
 police headquarters, or any of his superior officers, may, in such place
 fix  pre-arraignment  bail and, upon deposit thereof, issue and serve an
 appearance ticket upon the arrested person and release him from custody,
 as prescribed in section 150.30] OF THIS TITLE.
   3. If (a) the arrest is for an offense other than a class A, B, C or D
 felony or a violation of section 130.25, 130.40, 205.10, 205.17,  205.19
 or  215.56  of the penal law, and (b) owing to unavailability of a local
 criminal court the arresting police  officer  is  unable  to  bring  the
 arrested  person  before such a court with reasonable promptness, either
 an appearance ticket must be served unconditionally  upon  the  arrested
 person [or pre-arraignment bail must be fixed, as prescribed in subdivi-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10397-01-3
              

 S. 5973                             2

 sion two. If pre-arraignment bail is fixed but not posted, such arrested
 person  may  be temporarily held in custody but must be brought before a
 local criminal court without unnecessary delay].  Nothing  contained  in
 this subdivision requires a police officer to serve an appearance ticket
 upon  an arrested person or release him from custody at a time when such
 person appears to be under the influence of alcohol, narcotics or  other
 drug to the degree that he may endanger himself or other persons.
   § 2. Subdivision 3 of section 140.40 of the criminal procedure law, as
 amended  by  chapter  550  of  the  laws  of 1987, is amended to read as
 follows:
   3. If the arrest is for an offense other than a class A,  B,  C  or  D
 felony  or a violation of section 130.25, 130.40, 205.10, 205.17, 205.19
 or 215.56 of the penal law, the arrested  person  need  not  be  brought
 before  a local criminal court, as provided in subdivision one, and [the
 procedure may instead be as follows:
   (a) An] INSTEAD AN appropriate police officer may issue and  serve  an
 appearance ticket upon the arrested person and release him from custody,
 as prescribed in subdivision two of section 150.20[; or
   (b)  The  desk  officer  in charge at the appropriate police officer's
 station, county jail or police headquarters,  or  any  of  his  superior
 officers, may, in such place, fix pre-arraignment bail and, upon deposit
 thereof,  issue  and serve an appearance ticket upon the arrested person
 and release him from custody, as prescribed in section 150.30]  OF  THIS
 TITLE.
   §  3.  The  section heading and subdivision 7 of section 170.10 of the
 criminal procedure law are amended to read as follows:
   Arraignment  upon   information,   simplified   traffic   information,
 prosecutor's information or misdemeanor complaint; defendant's presence,
 defendant's  rights,  court's  instructions  and  [bail]  SECURING ORDER
 matters.
   7. Upon the arraignment, the court, unless it intends to make a  final
 disposition  of  the action immediately thereafter, must, as provided in
 subdivision one of section 530.20 OF  THIS  CHAPTER,  issue  a  securing
 order  either releasing the defendant on his OR HER own recognizance [or
 fixing bail],  UNDER  NON-MONETARY  CONDITIONS,  OR,  WHERE  AUTHORIZED,
 COMMITTING  THE  DEFENDANT  TO THE CUSTODY OF THE SHERIFF for his OR HER
 future appearance in the action; except that where a  defendant  appears
 by counsel pursuant to paragraph (b) of subdivision one of this section,
 the court must release the defendant on his OR HER own recognizance.
   §  4. Paragraph (a) and the opening paragraph and subparagraph (xi) of
 paragraph (b) of subdivision 1 of section 150.20 of the criminal  proce-
 dure  law,  paragraph  (a) as amended and the opening paragraph of para-
 graph (b) as added by section 1-a of part JJJ of chapter 59 of the  laws
 of 2019, subparagraph (xi) of paragraph (b) of subdivision 1 as added by
 section 1 of subpart B of part UU of chapter 56 of the laws of 2022, are
 amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 130.40,  205.10,  205.17,  205.19 or 215.56 of the penal law, he [shall,
 except as set out in paragraph (b) of  this  subdivision]  OR  SHE  MAY,
 subject  to  the  provisions  of  subdivisions three and four of section
 150.40 of this title, instead issue to and serve  upon  such  person  an
 appearance ticket.
   An  officer is not [required] AUTHORIZED to issue an appearance ticket
 if:
 S. 5973                             3
 
   (xi) the offense is a qualifying offense pursuant to  paragraph  [(t)]
 (K)  of  subdivision four of section 510.10 of this chapter, or pursuant
 to paragraph [(t)] (K) of subdivision four of  section  530.40  of  this
 chapter.
   §  5. Subdivision 2 of section 170.25 of the criminal procedure law is
 amended to read as follows:
   2. Such order stays the proceedings in the local criminal court  pend-
 ing  submission  of  the  charge to the grand jury.  Upon the subsequent
 filing of an indictment in the superior court, the  proceedings  in  the
 local  criminal  court  terminate  and the defendant must be required to
 appear for arraignment upon the indictment in the manner  prescribed  in
 subdivisions one and two of section 210.10 OF THIS PART. Upon the subse-
 quent filing of a grand jury dismissal of the charge, the proceedings in
 the  local  criminal court terminate and the superior court must, if the
 defendant is not at liberty on his OR HER  own  recognizance,  discharge
 him OR HER from custody [or exonerate his bail, as the case may be].
   §  6. Subdivision 3 of section 170.50 of the criminal procedure law is
 amended to read as follows:
   3. Upon dismissing a  prosecutor's  information  or  a  count  thereof
 pursuant to this section, the court may, upon application of the people,
 in its discretion authorize the people to resubmit the charge or charges
 to the same or another grand jury. In the absence of such authorization,
 such charge or charges may not be resubmitted to a grand jury. The rules
 prescribed in subdivisions eight and nine of section 210.45 OF THIS PART
 concerning  the discharge of a defendant from custody [or exoneration of
 bail] in the absence of an authorization to resubmit an indictment to  a
 grand  jury,  and  concerning  the  issuance of a securing order and the
 effective period thereof where such an authorization  is  issued,  apply
 equally  where  a prosecutor's information is dismissed pursuant to this
 section.
   § 7. Subdivision 2 of section 210.10 of the criminal procedure law, as
 amended by chapter 681 of the laws  of  1990,  is  amended  to  read  as
 follows:
   2.  If a felony complaint against the defendant was pending in a local
 criminal court or if the defendant was previously held by a local crimi-
 nal court for the action of the grand jury, and if the defendant  is  at
 liberty  on  his or her own recognizance or [on bail] UNDER NON-MONETARY
 CONDITIONS pursuant to a previous court order issued in the same  crimi-
 nal  action,  the  superior court must, upon at least two days notice to
 the defendant [and his or her surety,  to  any  person  other  than  the
 defendant  who  posted cash bail] and to any attorney who would be enti-
 tled to notice under circumstances prescribed in subdivision one OF THIS
 SECTION, direct the defendant to appear before the  superior  court  for
 arraignment  on  a specified date.   If the defendant fails to appear on
 such date, the court may issue a bench warrant [and,  in  addition,  may
 forfeit the bail, if any]. Upon taking the defendant into custody pursu-
 ant  to  such  bench  warrant, the executing police officer must without
 unnecessary delay bring the defendant before  such  superior  court  for
 arraignment.  If  such  superior  court  is not available, the executing
 police officer may bring the defendant to the local correctional facili-
 ty of the county in which such superior court sits, to be detained there
 until not later than the commencement of the next session of such  court
 occurring on the next business day.
   §  8.  The  section heading and subdivision 6 of section 210.15 of the
 criminal procedure law are amended to read as follows:
 S. 5973                             4

   Arraignment upon indictment; defendant's rights, court's  instructions
 and [bail] SECURING ORDER matters.
   6.  Upon the arraignment, the court, unless it intends to make a final
 disposition of the action immediately thereafter, must, as  provided  in
 section  530.40  OF  THIS CHAPTER, issue a securing order, releasing the
 defendant on his OR HER own recognizance or [fixing bail] UNDER NON-MON-
 ETARY CONDITIONS or committing him OR HER to the custody of the  sheriff
 for his OR HER future appearance in such action.
   §  9. Subdivisions 8 and 9 of section 210.45 of the criminal procedure
 law are amended to read as follows:
   8.  When the court dismisses the entire indictment without authorizing
 resubmission of the charge or charges to a grand  jury,  it  must  order
 that  the  defendant  be  discharged from custody if he OR SHE is in the
 custody of the sheriff[, or if he is at liberty on bail it must  exoner-
 ate the bail].
   9.    When  the  court  dismisses the entire indictment but authorizes
 resubmission of the charge or charges to a  grand  jury,  such  authori-
 zation  is,  for  purposes  of this subdivision, deemed to constitute an
 order holding the defendant for the action of a grand jury with  respect
 to  such charge or charges. Such order must be accompanied by a securing
 order either releasing the defendant on his OR HER own  recognizance  or
 [fixing  bail] UNDER NON-MONETARY CONDITIONS or committing him OR HER to
 the custody of the sheriff pending resubmission of the case to the grand
 jury and the grand jury's disposition  thereof.    Such  securing  order
 remains in effect until the first to occur of any of the following:
   (a)  A statement to the court by the people that they do not intend to
 resubmit the case to a grand jury;
   (b)    Arraignment of the defendant upon an indictment or prosecutor's
 information filed as a result of resubmission of the  case  to  a  grand
 jury.    Upon  such  arraignment,  the arraigning court must issue a new
 securing order;
   (c) The filing with the court of a grand jury dismissal  of  the  case
 following resubmission thereof;
   (d)  The  expiration  of  a period of forty-five days from the date of
 issuance of the order; provided that such period  may,  for  good  cause
 shown,  be extended by the court to a designated subsequent date if such
 be necessary to accord the people reasonable opportunity to resubmit the
 case to a grand jury.
   Upon the termination of the effectiveness of the securing order pursu-
 ant to paragraph (a), (c) or (d) OF THIS  SUBDIVISION,  the  court  must
 immediately order that the defendant be discharged from custody if he OR
 SHE is in the custody of the sheriff[, or if he is at liberty on bail it
 must  exonerate  the  bail].  Although  expiration of the period of time
 specified in paragraph (d) without any resubmission or grand jury dispo-
 sition of the case terminates the effectiveness of the  securing  order,
 it  does not terminate the effectiveness of the order authorizing resub-
 mission.
   § 10. Subdivision 6 and paragraph (c)  of  subdivision  9  of  section
 216.05  of  the criminal procedure law, as amended by chapter 435 of the
 laws of 2021, are amended to read as follows:
   6. Upon an eligible defendant's agreement to abide by  the  conditions
 set  by  the court, the court shall issue a securing order providing for
 [bail or] release on the defendant's own recognizance  and  conditioning
 any  release  upon  the agreed upon conditions. The period of alcohol or
 substance use treatment shall begin as specified by  the  court  and  as
 soon  as  practicable after the defendant's release, taking into account
 S. 5973                             5
 
 the availability of treatment, so as to  facilitate  early  intervention
 with  respect  to  the  defendant's  substance  use or condition and the
 effectiveness of the treatment program. In the event  that  a  treatment
 program  is  not immediately available or becomes unavailable during the
 course of  the  defendant's  participation  in  the  judicial  diversion
 program,  the  court  may release the defendant pursuant to the securing
 order.
   (c) If the court determines that the defendant has violated  a  condi-
 tion  of  his  or  her release under the judicial diversion program, the
 court may modify the conditions thereof, reconsider the order of  recog-
 nizance  [or bail] pursuant to subdivision two of section 510.30 of this
 chapter, or terminate the  defendant's  participation  in  the  judicial
 diversion  program;  and  when  applicable  proceed with the defendant's
 sentencing  in  accordance  with  the  agreement.  Notwithstanding   any
 provision  of  law  to  the  contrary, the court may impose any sentence
 authorized for the crime of  conviction  in  accordance  with  the  plea
 agreement,  or  any lesser sentence authorized to be imposed on a felony
 drug offender pursuant to paragraph (b) or (c)  of  subdivision  two  of
 section  70.70  of  the penal law taking into account the length of time
 the defendant spent in residential treatment and how  best  to  continue
 treatment  while  the defendant is serving that sentence. In determining
 what action to take for a violation of a release  condition,  the  court
 shall  consider  all  relevant circumstances, including the views of the
 prosecutor, the defense and  the  alcohol  or  substance  use  treatment
 provider,  and  the  extent to which persons who ultimately successfully
 complete a drug treatment regimen sometimes relapse  by  not  abstaining
 from  alcohol  or  substance  use or by failing to comply fully with all
 requirements imposed by  a  treatment  program.  The  court  shall  also
 consider  using a system of graduated and appropriate responses or sanc-
 tions designed to address such inappropriate behaviors,  protect  public
 safety  and  facilitate,  where  possible,  successful completion of the
 alcohol or substance use treatment program.
   § 11. Subdivision 4 of section 290.10 of the criminal procedure law is
 amended to read as follows:
   4.  Upon issuing a trial order of dismissal which dismisses the entire
 indictment, the court must  immediately  discharge  the  defendant  from
 custody  if he is in custody of the sheriff[, or, if he is at liberty on
 bail, it must exonerate the bail].
   § 12. Subdivision 1 of section 330.10 of the criminal procedure law is
 amended to read as follows:
   1. Upon a verdict of complete acquittal, the  court  must  immediately
 discharge  the defendant if he is in the custody of the sheriff[, or, if
 he is at liberty on bail, it must exonerate the bail].
   § 13. Section 410.60 of the criminal  procedure  law,  as  amended  by
 section  23 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 410.60 Appearance before court.
   A person who has been taken into custody pursuant to section 410.40 or
 section 410.50 of this  article  for  violation  of  a  condition  of  a
 sentence of probation or a sentence of conditional discharge must forth-
 with  be  brought  before  the  court that imposed the sentence. Where a
 violation of probation petition and report has been filed and the person
 has not been taken into custody  nor  has  a  warrant  been  issued,  an
 initial  court  appearance  shall  occur within ten business days of the
 court's issuance of a notice to appear.  If  the  court  has  reasonable
 cause  to  believe  that  such  person  has  violated a condition of the
 S. 5973                             6
 
 sentence, it may commit such person to the custody of the sheriff,  [fix
 bail,] release such person under non-monetary conditions or release such
 person  on  such  person's  own  recognizance for future appearance at a
 hearing to be held in accordance with section 410.70 of this article. If
 the court does not have reasonable cause to believe that such person has
 violated a condition of the sentence, it must direct that such person be
 released.
   §  14.  Subdivision 1 of section 410.70 of the criminal procedure law,
 as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
 follows:
   1.  In  general. The court may not revoke a sentence of probation or a
 sentence of conditional discharge, or  extend  a  period  of  probation,
 unless  (a) the court has found that the defendant has violated a condi-
 tion of the sentence and (b) the defendant has had an opportunity to  be
 heard  pursuant  to this section. The defendant is entitled to a hearing
 in accordance with this section promptly after the  court  has  filed  a
 declaration  of  delinquency  or  has  committed him [or has fixed bail]
 pursuant to this article.
   § 15. Paragraph (e) of subdivision 1 of section 420.10 of the criminal
 procedure law is REPEALED.
   § 16. Subdivisions 1 and 6 of section 460.50 of the criminal procedure
 law, subdivision 1 as amended by chapter 884 of the laws of 1971, subdi-
 vision 6 as added by chapter 168 of the laws of  1981,  are  amended  to
 read as follows:
   1.    Upon  application  of  a defendant who has taken an appeal to an
 intermediate appellate court from a judgment or from  a  sentence  of  a
 criminal  court,  a  judge designated in subdivision two OF THIS SECTION
 may issue an order both (a) staying or suspending the execution  of  the
 judgment  pending  the  determination  of  the  appeal, and (b) [either]
 releasing the defendant on his OR HER own recognizance or [fixing  bail]
 UNDER NON-MONETARY CONDITIONS pursuant to the provisions of article five
 hundred  thirty  OF  THIS  CHAPTER.  That  phase of the order staying or
 suspending execution of the judgment does not  become  effective  unless
 and  until the defendant is released[, either on his own recognizance or
 upon the posting of bail].
   6. Upon application of a defendant who has been granted a  certificate
 granting leave to appeal pursuant to section 460.15 of this chapter, and
 in  accordance with the procedures set forth in subdivisions three, four
 and five of this section, the intermediate appellate court may issue  an
 order both (a) staying or suspending the execution of the judgment pend-
 ing  the  determination  of  the  appeal, and (b) [either] releasing the
 defendant on his OR HER own recognizance or [fixing bail] UNDER NON-MON-
 ETARY CONDITIONS pursuant to the  provisions  of  article  five  hundred
 thirty  OF  THIS  CHAPTER. That phase of the order staying or suspending
 execution of the judgment does not become effective unless and until the
 defendant is released[, either on his own recognizance or upon the post-
 ing of bail].
   § 17. Subdivision 1 of section 460.60 of the criminal  procedure  law,
 as  amended  by  chapter  168 of the laws of 1981, is amended to read as
 follows:
   1. (a) A judge who, pursuant to section 460.20 of this [chapter] ARTI-
 CLE, has received an application for a certificate granting a  defendant
 leave to appeal to the court of appeals from an order of an intermediate
 appellate  court  affirming or modifying a judgment including a sentence
 of imprisonment, a sentence of imprisonment, or an order appealed pursu-
 ant to section 450.15 of this [chapter] TITLE, of a criminal court, may,
 S. 5973                             7
 
 upon application of such defendant-appellant issue  an  order  both  (i)
 staying or suspending the execution of the judgment pending the determi-
 nation  of the application for leave to appeal, and, if that application
 is  granted, staying or suspending the execution of the judgment pending
 the determination of the appeal,  and (ii) either releasing the  defend-
 ant  on  his  OR  HER own recognizance or [continuing bail as previously
 determined or fixing bail] UNDER NON-MONETARY CONDITIONS pursuant to the
 provisions of article five hundred thirty OF THIS CHAPTER. Such an order
 is effective   immediately and  that  phase  of  the  order  staying  or
 suspending  execution  of  the judgment does not become effective unless
 and until the defendant is released[, either on his own recognizance  or
 upon the posting of bail].
   (b)  If  the  application  for  leave to appeal is denied, the stay or
 suspension pending the application  automatically  terminates  upon  the
 signing  of  the  certificate denying leave.  Upon such termination, the
 certificate denying leave must be sent to the criminal  court  in  which
 the  original  judgment  was entered, and the latter must proceed in the
 manner provided in subdivision five of section 460.50 of this  [chapter]
 ARTICLE.
   §  18. Section 470.45 of the criminal procedure law is amended to read
 as follows:
 § 470.45 Remission of case by appellate court  to  criminal  court  upon
            reversal  or  modification  of  judgment;  action by criminal
            court.
   Upon reversing  or  modifying  a  judgment  and  directing  corrective
 action,  an appellate court must remit the case to the criminal court in
 which the judgment was entered.  Such criminal court  must  execute  the
 direction  of the appellate court and must, depending upon the nature of
 such direction, either discharge the defendant from custody[,  exonerate
 his bail] or issue a securing order.
   § 19. The article heading of article 500 of the criminal procedure law
 is amended to read as follows:
                         RECOGNIZANCE[, BAIL] AND
                     COMMITMENT--DEFINITIONS OF TERMS
   § 20. Section 500.10 of the criminal procedure law, subdivisions 1, 2,
 4,  5,  6, 7 and  9 as amended by section 1-e and subdivisions 21 and 22
 as added by section 1-f of part JJJ of chapter 59 of the laws  of  2019,
 subdivision 3-a as amended  and subdivision 3-b as added by section 1 of
 part  UU  of chapter 56 of the laws of 2020, subdivision 3-c as added by
 section 1 of subpart F of part UU of chapter 56 of  the  laws  of  2022,
 subdivision 16 as further amended by section 104 of part A of chapter 62
 of the laws of 2011, paragraph (b) of subdivision 17 as amended by chap-
 ter 305 of the laws of 2011, is amended to read as follows:
 § 500.10 Recognizance[, bail] and commitment; definitions of terms.
   As  used  in  this title, and in this chapter generally, the following
 terms have the following meanings:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that the principal may by law be  compelled  to  appear
 before  a  court  for  the purpose of having such court exercise control
 over the principal's person to secure the principal's future  attendance
 at  the  action  or  proceeding when required, and who in fact either is
 before the court for such  purpose  or  has  been  before  it  and  been
 subjected to such control.
   2.  "Release on own recognizance." A court releases a principal on the
 principal's own recognizance when,  having  acquired  control  over  the
 S. 5973                             8
 
 principal's person, it permits the principal to be at liberty during the
 pendency  of  the  criminal action or proceeding involved upon condition
 that the principal will appear thereat whenever the principal's  attend-
 ance may be required and will at all times render the principal amenable
 to the orders and processes of the court.
   3.  ["Fix bail." A court fixes bail when, having acquired control over
 the person of a principal, it designates a sum of money  and  stipulates
 that,  if  bail  in such amount is posted on behalf of the principal and
 approved, it will permit him to be at liberty during the pendency of the
 criminal action or proceeding involved.
   3-a.] "Release under non-monetary  conditions."  A  court  releases  a
 principal  under  non-monetary  conditions when, having acquired control
 over a person, it authorizes the person to  be  at  liberty  during  the
 pendency  of the criminal action or proceeding involved under conditions
 ordered by the court, which shall be the  least  restrictive  conditions
 that  will reasonably assure the principal's return to court and reason-
 ably assure the principal's compliance with court conditions. A  princi-
 pal  shall not be required to pay for any part of the cost of release on
 non-monetary conditions. Such conditions may include, among other condi-
 tions reasonable under the circumstances:
   (a) that the principal be in contact with a pretrial  services  agency
 serving principals in that county;
   (b)  that the principal abide by reasonable, specified restrictions on
 travel that are reasonably related to an actual risk of flight from  the
 jurisdiction, or that the principal surrender his or her passport;
   (c)  that the principal refrain from possessing a firearm, destructive
 device or other dangerous weapon;
   (d) that, when it is shown pursuant to  subdivision  four  of  section
 510.45  of  this title that no other realistic non-monetary condition or
 set of non-monetary conditions will suffice  to  reasonably  assure  the
 person's  return  to  court, the person be placed in reasonable pretrial
 supervision with a pretrial services agency serving principals  in  that
 county;
   (e)  that  the principal refrain from associating with certain persons
 who are connected with the instant charge, including, when  appropriate,
 specified victims, witnesses, or co-defendants;
   (f)  that  the principal be referred to a pretrial services agency for
 placement in mandatory programming, including counseling, treatment, and
 intimate partner violence intervention programs. Where  applicable,  the
 court  may  direct  the  principal  be removed to a hospital pursuant to
 section 9.43 of the mental hygiene law;
   (g) that the principal make diligent efforts to  maintain  employment,
 housing, or enrollment in school or educational programming;
   (h)  that  the  principal  obey  an  order of protection issued by the
 court, including an order issued pursuant  to  section  530.11  of  this
 title;
   (i)  that  the principal obey conditions set by the court addressed to
 the safety of a victim of a family offense as defined in section  530.11
 of this title including conditions that may be requested by or on behalf
 of the victim; and
   (j)  that,  when  it is shown pursuant to paragraph (a) of subdivision
 four of section 510.40 of this title that no other  realistic  non-mone-
 tary condition or set of non-monetary conditions will suffice to reason-
 ably assure the principal's return to court, the principal's location be
 monitored  with  an approved electronic monitoring device, in accordance
 with such subdivision four of section 510.40 of this title.
 S. 5973                             9

   [3-b.] 4. Subdivision [three-a] THREE of this section presents a  non-
 exclusive  list of conditions that may be considered and imposed by law,
 singularly or in combination, when reasonable under the circumstances of
 the defendant, the case, and the situation of the defendant.  The  court
 need  not necessarily order one or more specific conditions first before
 ordering one or more or additional conditions.
   [3-c.] 5. (a) "Release for mental health assessment  and  evaluation."
 When  a  principal  appearing  before  the  court  appears, by clear and
 convincing evidence, to be mentally ill at the present moment such  that
 if  left  unattended  their  conduct  may  result  in harm to himself or
 herself or others, the court may: order as a condition of release  under
 supervision  that  the principal seek a voluntary psychiatric assessment
 under section 9.13 of the mental hygiene law  if  the  principal  has  a
 recently  documented history of mental illness or psychiatric hospitali-
 zation, and the defense consents to the assessment.
   (b) "Involuntary assessment pending release." When a principal appear-
 ing before the court appears, by clear and convincing  evidence,  to  be
 mentally  ill  at  the present moment such that if left unattended their
 conduct may result in immediate serious harm to himself  or  herself  or
 others,  the court may order as a condition of release under supervision
 that the principal be taken by an entity, including but not limited  to,
 pretrial  services  agencies,  or another qualified provider, to a local
 hospital  for  immediate  psychiatric  assessment  involuntarily   under
 section  9.43  of  the mental hygiene law if the principal is conducting
 himself or herself before the court, in such a manner which in a  person
 who  is  not  mentally  ill  would be deemed disorderly conduct which is
 likely to result in immediate serious harm  to  himself  or  herself  or
 others.  The  court  is  also authorized to request peace officers, when
 acting pursuant to their special duties, or  police  officers,  who  are
 members  of  an  authorized police department or force or of a sheriff's
 department, to take into custody and transport such person to a hospital
 for determination by the director of community services when such person
 qualifies for admission pursuant to this section. The court may  author-
 ize an ambulance service, as defined by subdivision two of section three
 thousand  one  of the public health law, to transport such person to any
 hospital specified in subdivision (a) of  section  9.39  of  the  mental
 hygiene law or any comprehensive psychiatric emergency program specified
 in  subdivision  (a)  of section 9.40 of the mental hygiene law, that is
 willing to receive such person. Upon removal, there shall be a  determi-
 nation  made  by  the  director of such hospital or program whether such
 person should be retained therein pursuant to section 9.39 of the mental
 hygiene law. If the principal is hospitalized, at the  time  of  release
 the  hospital  shall complete a discharge plan with linkages to communi-
 ty-based mental health treatment, including services that  are  provided
 after  the individual has stabilized, if applicable and other community-
 based services as may be deemed necessary  and  appropriate  and  notify
 pretrial  services  agencies  and  the  defense  counsel of the person's
 discharge. Pretrial  services  agencies  are  responsible  for  ensuring
 continuity of care for the principal in the community.
   (c) "Pretrial services." Pretrial services agencies shall be required,
 upon  the  request  of the court to provide a summary of the assessment,
 limited to necessary and relevant information relating  to  the  princi-
 pal's  completion of an assessment and evaluation, placement, treatment,
 and discharge from the hospital  solely  for  the  purpose  of  ensuring
 compliance  with  the  conditions  of release and in accordance with any
 S. 5973                            10
 
 applicable state and federal confidentiality laws. Conditions of release
 may not be revoked solely based on noncompliance with treatment.
   (d)  "Confidential."  Any  clinical  record  produced as a part of the
 assessment, services or treatment plans required pursuant to this subdi-
 vision shall be considered confidential and shall not be considered part
 of the public record, and access to such records  shall  be  limited  in
 accordance with applicable federal and state privacy laws. Such informa-
 tion  shall  not be used as part of the criminal proceeding and shall be
 expunged upon the resolution of the case.
   (e) "Referral." Courts shall refer the principal,  where  appropriate,
 to  a  judicial  diversion  program as defined in section 216.00 of this
 chapter or to any other appropriate treatment court.
   [4.] 6. "Commit to the custody of the sheriff."   A  court  commits  a
 principal  to  the  custody of the sheriff when, having acquired control
 over the principal's person, it orders that the principal be confined in
 the custody of the sheriff during the pendency of the criminal action or
 proceeding involved.
   [5.] 7. "Securing order" means an order of a court committing a  prin-
 cipal  to the custody of the sheriff [or fixing bail, where authorized,]
 or releasing the  principal  on  the  principal's  own  recognizance  or
 releasing the principal under non-monetary conditions.
   [6.]  8.  "Order  of  recognizance  or [bail] NON-MONETARY CONDITIONS"
 means a securing order releasing a  principal  on  the  principal's  own
 recognizance  or  under  non-monetary  conditions [or, where authorized,
 fixing bail].
   [7.] 9. "Application for recognizance or  [bail]  NON-MONETARY  CONDI-
 TIONS"  means  an  application by a principal that the court, instead of
 committing the principal to or retaining the principal in the custody of
 the sheriff, either release the principal on the principal's own  recog-
 nizance,  OR  release  under non-monetary conditions[, or, where author-
 ized, fix bail].
   [8. "Post bail" means to deposit bail in the amount and form fixed  by
 the  court,  with the court or with some other authorized public servant
 or agency.
   9. "Bail" means cash bail, a bail bond or money  paid  with  a  credit
 card.
   10.  "Cash  bail" means a sum of money, in the amount designated in an
 order fixing bail, posted by a principal or by  another  person  on  his
 behalf  with  a court or other authorized public servant or agency, upon
 the condition that such money will become forfeit to the people  of  the
 state  of  New York if the principal does not comply with the directions
 of a court requiring his attendance at the criminal action or proceeding
 involved or does not otherwise render himself amenable to the orders and
 processes of the court.
   11. "Obligor" means a person who executes a bail bond on behalf  of  a
 principal  and  thereby  assumes  the undertaking described therein. The
 principal himself may be an obligor.
   12. "Surety" means an obligor who is not a principal.
   13. "Bail bond" means a written undertaking, executed by one  or  more
 obligors,  that  the principal designated in such instrument will, while
 at liberty as a result of an order fixing bail and of the posting of the
 bail bond in satisfaction  thereof,  appear  in  a  designated  criminal
 action  or  proceeding  when  his  attendance  is required and otherwise
 render himself amenable to the orders and processes of  the  court,  and
 that  in  the  event that he fails to do so the obligor or obligors will
 S. 5973                            11

 pay to the people of the state of New York a specified sum of money,  in
 the amount designated in the order fixing bail.
   14.  "Appearance  bond" means a bail bond in which the only obligor is
 the principal.
   15. "Surety bond" means a bail bond in which the obligor  or  obligors
 consist of one or more sureties or of one or more sureties and the prin-
 cipal.
   16. "Insurance company bail bond" means a surety bond, executed in the
 form  prescribed  by  the superintendent of financial services, in which
 the surety-obligor is a corporation licensed by  the  superintendent  of
 financial services to engage in the business of executing bail bonds.
   17. "Secured bail bond" means a bail bond secured by either:
   (a)  Personal  property  which is not exempt from execution and which,
 over and above all liabilities and encumbrances, has a value equal to or
 greater than the total amount of the undertaking; or
   (b) Real property having a value of at least twice the total amount of
 the undertaking. For purposes of this paragraph, value of real  property
 is determined by either:
   (i)  dividing  the  last  assessed  value of such property by the last
 given equalization rate or in a special assessing unit,  as  defined  in
 article  eighteen  of  the  real property tax law, the appropriate class
 ratio established pursuant to section twelve hundred two of such law  of
 the  assessing  municipality  wherein  the  property  is situated and by
 deducting from the resulting figure the total amount  of  any  liens  or
 other encumbrances upon such property; or
   (ii)  the  value of the property as indicated in a certified appraisal
 report submitted by a state certified general real estate appraiser duly
 licensed by the department of state as provided in section  one  hundred
 sixty-j  of the executive law, and by deducting from the appraised value
 the total amount of any liens or other encumbrances upon such  property.
 A lien report issued by a title insurance company licensed under article
 sixty-four  of  the  insurance law, that guarantees the correctness of a
 lien search conducted by it, shall be presumptive proof  of  liens  upon
 the property.
   18.  "Partially secured bail bond" means a bail bond secured only by a
 deposit of a sum of money not exceeding ten percent of the total  amount
 of the undertaking.
   19.  "Unsecured  bail bond" means a bail bond, other than an insurance
 company bail bond, not secured by any deposit of or lien upon property.
   20.] 10. "Court" includes, where appropriate, a  judge  authorized  to
 act as described in a particular statute, though not as a court.
   [21.]  11.  "Qualifies  for  electronic  monitoring,"  for purposes of
 subdivision four of section 510.40 of this title, means a person charged
 with a felony, a misdemeanor crime of domestic violence,  a  misdemeanor
 defined  in article one hundred thirty of the penal law, a crime and the
 circumstances of paragraph (b) of subdivision two of section  530.60  of
 this  title apply, OR ANY CRIME WHERE SUCH CONDUCT AROSE WHILE THE PRIN-
 CIPAL WAS RELEASED ON HIS OR HER OWN RECOGNIZANCE, RELEASED UNDER CONDI-
 TIONS OR HAD YET TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK APPEARANCE
 TICKET FOR A SEPARATE OFFENSE, or any misdemeanor  where  the  defendant
 stands  previously  convicted,  within the past [five] TEN years, of [ a
 violent felony offense as defined in section 70.02 of the penal law] ANY
 CRIME. For the purposes of this subdivision, in calculating such  [five]
 TEN  year  period,  any  period  of  time during which the defendant was
 incarcerated for any reason between the time of the  commission  of  any
 such  previous  crime  and  the  time of commission of the present crime
 S. 5973                            12
 
 shall be excluded and such [five] TEN year period shall be extended by a
 period or periods equal to the time served under such incarceration.
   [22.]  12.  "Misdemeanor  crime of domestic violence," for purposes of
 subdivision [twenty-one] ELEVEN of this  section,  means  a  misdemeanor
 under  the  penal law provisions and circumstances described in subdivi-
 sion one of section 530.11 of this title.
   § 21. The article heading of article 510 of the criminal procedure law
 is amended to read as follows:
                    RECOGNIZANCE[, BAIL] AND COMMITMENT--
               DETERMINATION OF APPLICATION FOR RECOGNIZANCE
                [OR BAIL], ISSUANCE OF SECURING ORDERS, AND
                              RELATED MATTERS
   § 22. Section 510.10 of the criminal  procedure  law,  as  amended  by
 section  2  of part JJJ of chapter 59 of the laws of 2019, subdivision 1
 as amended by section 1 of subpart C of part UU of  chapter  56  of  the
 laws of 2022, subdivision 4 as amended by section  2 of part UU of chap-
 ter  56  of the laws of 2020, paragraphs (s) and (t) of subdivision 4 as
 amended and paragraph (u) as added by section 2 of subpart B of part  UU
 of chapter 56 of the laws of 2022, is amended to read as follows:
 § 510.10 Securing order; when required; alternatives available; standard
            to be applied.
   1.  When  a  principal,  whose  future  court attendance at a criminal
 action or proceeding is or may be required, comes under the control of a
 court, such court shall, in accordance with this title,  by  a  securing
 order release the principal on the principal's own recognizance, release
 the  principal under non-monetary conditions, [or, where authorized, fix
 bail] or commit the principal to the custody of the sheriff. In all such
 cases, except where another type  of  securing  order  is  shown  to  be
 required  by law, the court shall release the principal pending trial on
 the principal's own recognizance, unless  it  is  demonstrated  and  the
 court  makes  an individualized determination that the principal poses a
 risk of flight to avoid prosecution OR POSES  A  DANGER  TO  THEMSELVES,
 ANOTHER PERSON OR THE COMMUNITY AS A WHOLE.  [If such a finding is made,
 the court must select the least restrictive alternative and condition or
 conditions that will reasonably assure the principal's return to court.]
 The  court shall explain its choice of release, release with conditions,
 [bail] or remand on the record or in writing.  In  making  its  determi-
 nation, the court must consider and take into account available informa-
 tion about the principal, including:
   (a)  The  principal's CHARACTER, REPUTATION, HABITS, MENTAL CONDITION,
 activities and history;
   (b) If the principal is a defendant, the charges facing the  principal
 AND  THE WEIGHT OF THE EVIDENCE AGAINST HIM OR HER IN THE PENDING CRIMI-
 NAL ACTION AND ANY OTHER FACTOR INDICATING THE PROBABILITY  OR  IMPROBA-
 BILITY OF CONVICTION;
   (c) The principal's criminal conviction record if any;
   (d)  The  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.1 of  the  family  court
 act,  or,  of  pending cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) The principal's previous record IN COMPLYING  WITH  COURT  ORDERS,
 INCLUDING  ORDERS  TO APPEAR WHEN REQUIRED, OR with respect to flight to
 avoid criminal prosecution;
   (f) [If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 S. 5973                            13

 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g)]  Any  violation by the principal of an order of protection issued
 by any court;
   [(h)] (G) The principal's history of use or possession of a firearm;
   [(i)] (H) Whether the charge is alleged to have caused serious harm to
 an individual or group of individuals; and
   [(j)] (I) If the principal is a defendant, in the case of an  applica-
 tion  for a securing order pending appeal, the merit or lack of merit of
 the appeal.
   2. A principal is entitled to representation  by  counsel  under  this
 chapter  in  preparing an application for release, when a securing order
 is being considered and when a securing  order  is  being  reviewed  for
 modification, revocation or termination. If the principal is financially
 unable to obtain counsel, counsel shall be assigned to the principal.
   3.  In  cases  other  than as described in subdivision four OR FIVE of
 this section the court shall release the principal pending trial on  the
 principal's own recognizance, unless the court finds on the record or in
 writing  that  release  on  the  principal's  own  recognizance will not
 reasonably assure the principal's return to court.  In  such  instances,
 the  court  shall  release the principal under non-monetary conditions[,
 selecting the least restrictive alternative  and  conditions  that  will
 reasonably  assure  the  principal's  return  to court]. The court shall
 explain its choice [of alternative and] conditions on the record  or  in
 writing.
   4.  Where  the  principal  stands charged with a [qualifying offense,]
 FELONY, EXCEPT A CLASS E FELONY UNDER TITLE J OR K OF THE PENAL LAW,  OR
 A  QUALIFYING  MISDEMEANOR, OR WHERE THE COURT HAS FOUND THAT COMMITTING
 THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF IS WARRANTED UNDER  SUBDIVI-
 SION  FIVE  OF  THIS  SECTION, the court, unless otherwise prohibited by
 law, may in its discretion release the principal pending  trial  on  the
 principal's  own  recognizance  or  under  non-monetary conditions, [fix
 bail], or, [where the defendant is charged  with  a  qualifying  offense
 which is a felony, the court may] commit the principal to the custody of
 the  sheriff.  A  principal  stands  charged with a qualifying [offense]
 MISDEMEANOR for the purposes of this subdivision when he or  she  stands
 charged with:
   (a) [a felony enumerated in section 70.02 of the penal law, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law,  or  a  crime involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
 S. 5973                            14

   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this title;
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j) any crime that is alleged to have  caused  the  death  of  another
 person;
   (k)  criminal obstruction of breathing or blood circulation as defined
 in section 121.11 of the penal law, strangulation in the  second  degree
 as  defined  in section 121.12 of the penal law or unlawful imprisonment
 in the first degree as defined in section 135.10 of the penal  law,  and
 is alleged to have committed the offense against a member of the defend-
 ant's  same family or household as defined in subdivision one of section
 530.11 of this title;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m) assault in the third degree as defined in section  120.00  of  the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law, when such crime is charged as a hate crime as defined  in
 section 485.05 of the penal law;
   (n)  aggravated  assault  upon  a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (o) grand larceny in the first degree as defined in section 155.42  of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p)  failure  to  register  as  a sex offender pursuant to section one
 hundred sixty-eight-t of the correction law or endangering  the  welfare
 S. 5973                            15

 of  a child as defined in subdivision one of section 260.10 of the penal
 law, where the defendant is  required  to  maintain  registration  under
 article  six-C of the correction law and designated a level three offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; or
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to  a  minor  as defined in section 265.16 of the penal law]
 WITNESS TAMPERING IN THE FOURTH DEGREE AS DEFINED IN SECTION  215.10  OF
 THE PENAL LAW;
   (B) A MISDEMEANOR UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (C) CONSPIRACY IN THE FIFTH DEGREE AS DEFINED IN SECTION 105.05 OF THE
 PENAL  LAW  WHERE  THE UNDERLYING ALLEGATIONS OF SUCH CHARGE IS THAT THE
 DEFENDANT CONSPIRED TO COMMIT A FELONY  OR  MISDEMEANOR  THAT  OTHERWISE
 QUALIFIES FOR BAIL;
   (D)  CRIMINAL  CONTEMPT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
 THREE OF SECTION 215.50 OF THE PENAL LAW;
   (E) A SPECIFIED OFFENSE  ENUMERATED  IN  SUBDIVISION  TWO  OF  SECTION
 240.75  OF  THE  PENAL  LAW  WHERE  SUCH OFFENSE IS ALLEGED TO HAVE BEEN
 COMMITTED AGAINST A MEMBER OF THE DEFENDANT'S SAME FAMILY  OR  HOUSEHOLD
 AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE;
   (F)  ANY  MISDEMEANOR  WHEN  SUCH  CRIME IS CHARGED AS A HATE CRIME AS
 DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (G) BAIL JUMPING IN THE THIRD DEGREE AS DEFINED IN SECTION  215.55  OF
 THE PENAL LAW;
   (H)  ESCAPE  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 205.05 OF THE
 PENAL LAW;
 S. 5973                            16
 
   (I) ANY MISDEMEANOR INVOLVING INTENTIONALLY CAUSING  HARM  TO  ANOTHER
 PERSON OR AN ANIMAL;
   (J)  ANY  MISDEMEANOR  INVOLVING  THE USE AND POSSESSION OF A FIREARM,
 SHOTGUN OR RIFLE;
   (K) ANY CLASS A MISDEMEANOR WHERE SUCH CHARGE AROSE FROM CONDUCT WHILE
 THE DEFENDANT WAS RELEASED ON HIS  OR  HER  OWN  RECOGNIZANCE,  RELEASED
 UNDER CONDITIONS OR HAD YET TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK
 APPEARANCE TICKET FOR A SEPARATE OFFENSE;
   (L)  ANY  OTHER OFFENSE THAT THE DIVISION OF CRIMINAL JUSTICE SERVICES
 HAS IDENTIFIED PURSUANT TO ARTICLE FIFTY OF THE EXECUTIVE LAW.
   5. [Notwithstanding the provisions of subdivisions three and  four  of
 this section, with respect to any charge for which bail or remand is not
 ordered,  and  for  which  the  court  would  not or could not otherwise
 require bail or remand, a defendant may, at any time, request  that  the
 court  set  bail  in  a nominal amount requested by the defendant in the
 form specified in paragraph (a) of subdivision one of section 520.10  of
 this title; if the court is satisfied that the request is voluntary, the
 court  shall  set such bail in such amount] WHERE A DEFENDANT IS CHARGED
 WITH AN OFFENSE THAT DOES  NOT  QUALIFY  FOR  PRETRIAL  DETENTION  UNDER
 SUBDIVISION  FOUR OF THIS SECTION, THE COURT MAY COMMIT THE PRINCIPAL TO
 THE CUSTODY OF THE SHERIFF IF THE COURT MAKES AN INDIVIDUALIZED DETERMI-
 NATION THAT THE PRINCIPAL POSES A SUBSTANTIAL  RISK  OF  HARM  TO  THEM-
 SELVES,  OTHERS  OR  THE COMMUNITY AS A WHOLE, OR WHERE THE COURT DETER-
 MINES THAT THE  DEFENDANT  HAS  AN  ESTABLISHED  HISTORY  OF  DISOBEYING
 DIRECTIVES OF THE COURT.
   (A)  THE  COURT  MAY  CONSIDER  THE FOLLOWING FACTORS WHEN DETERMINING
 WHETHER A PRINCIPAL POSES A RISK OF HARM:
   (I) THE NATURE OF THE PRINCIPAL'S PRIOR CONVICTIONS, INCLUDING WHETHER
 THE PRINCIPAL HAS BEEN CONVICTED  OF  ANY  VIOLENT  FELONIES  LISTED  IN
 SECTION 70.02 OF THE PENAL LAW;
   (II) THE PRINCIPAL'S ACCESS TO WEAPONS;
   (III) WHETHER THE PRINCIPAL HAS ANY ASSOCIATION WITH A CRIMINAL STREET
 GANG,  AS  DEFINED  IN  SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION  460.10
 OF THE PENAL LAW; AND
   (IV)  ANY  HISTORY  OF  THREATS  OR INTIMIDATION TO WITNESSES IN PRIOR
 CRIMINAL PROCEEDINGS.
   (B) THE COURT MAY CONSIDER  THE  FOLLOWING  FACTORS  WHEN  DETERMINING
 WHETHER  A PRINCIPAL HAS AN ESTABLISHED HISTORY OF DISOBEYING DIRECTIVES
 OF THE COURT:
   (I) ANY HISTORY OF BENCH WARRANTS FAILURES TO APPEAR;
   (II) PREVIOUS VIOLATION OF ORDERS OF PROTECTION;
   (III)  ANY HISTORY OF REARRESTS WHILE OTHER CHARGES ARE PENDING; AND
   (IV)  ANY HISTORY OF WITNESS INTIMIDATION OR TAMPERING.
   6. When a securing order is revoked or  otherwise  terminated  in  the
 course of an uncompleted action or proceeding but the principal's future
 court  attendance still is or may be required and the principal is still
 under the control of a court, a new securing order must be issued.  When
 the court revokes or otherwise terminates a securing order which commit-
 ted  the  principal  to the custody of the sheriff, the court shall give
 written notification to the sheriff of such revocation or termination of
 the securing order.
   § 23. Section 510.20 of the criminal  procedure  law,  as  amended  by
 section  3  of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 S. 5973                            17
 
   1. Upon any occasion when a court has issued  a  securing  order  with
 respect  to  a principal and the principal is confined in the custody of
 the sheriff as a result of the securing order  or  a  previously  issued
 securing  order,  the  principal  may  make  an application for recogni-
 zance[,] OR release under non-monetary conditions [or bail].
   2.  (a)  The principal is entitled to representation by counsel in the
 making and presentation of such application. If the principal is  finan-
 cially  unable to obtain counsel, counsel shall be assigned to the prin-
 cipal.
   (b) Upon such application, the principal must be accorded an  opportu-
 nity  to  be  heard,  present  evidence  and to contend that an order of
 recognizance[,] OR release  under  non-monetary  conditions  [or,  where
 authorized,  bail]  must  or should issue, that the court should release
 the principal on the principal's own recognizance or under  non-monetary
 conditions  [rather  than  fix  bail, and that if bail is authorized and
 fixed it should be in a suggested amount and form].
   § 24. Subdivision 1 of section 510.30 of the criminal  procedure  law,
 as  amended  by  section  2 of subpart C of part UU of chapter 56 of the
 laws of 2022, is amended to read as follows:
   1. With respect to any principal, [the  court  in  all  cases,  unless
 otherwise  provided  by  law,  must  impose  the least restrictive] MUST
 CONSIDER THE kind and degree of control or restriction that is necessary
 to secure the principal's return to court when required OR MITIGATE  THE
 RISK  OF  DANGER  TO  THE PRINCIPAL, ANOTHER PERSON OR THE COMMUNITY. In
 determining that matter, the court  must,  on  the  basis  of  available
 information,  consider and take into account information about the prin-
 cipal that is relevant to the principal's return to court, including:
   (a) The principal's CHARACTER, REPUTATION, HABITS,  MENTAL  CONDITION,
 activities and history;
   (b)  If the principal is a defendant, the charges facing the principal
 AND THE WEIGHT OF THE EVIDENCE AGAINST HIM OR HER in the pending  crimi-
 nal  action  and any other factor indicating the probability or improba-
 bility of conviction;
   (c) The principal's criminal conviction record if any;
   (d) The principal's record of  previous  adjudication  as  a  juvenile
 delinquent,  as  retained  pursuant to section 354.2 of the family court
 act, or, of pending cases where fingerprints are  retained  pursuant  to
 section 306.1 of such act, or a youthful offender, if any;
   (e)  The  principal's  previous record IN COMPLYING WITH COURT ORDERS,
 INCLUDING ORDERS TO APPEAR WHEN REQUIRED, OR with respect to  flight  to
 avoid criminal prosecution;
   (f) [If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and,  in cases where bail is authorized, the principal's ability to post
 bail without posing undue hardship, as well as his  or  her  ability  to
 obtain a secured, unsecured, or partially secured bond;
   (g)]  Any  violation by the principal of an order of protection issued
 by any court;
   [(h)] (G) The principal's history of use or possession of a firearm;
   [(i)] (H) Whether the charge is alleged to have caused serious harm to
 an individual or group of individuals; and
   [(j)] (I) If the principal is a defendant, in the case of an  applica-
 tion  for a securing order pending appeal, the merit or lack of merit of
 the appeal.
   § 25. Section 510.40 of the criminal  procedure  law,  as  amended  by
 section  6  of part JJJ of chapter 59 of the laws of 2019, paragraph (c)
 S. 5973                            18
 
 of subdivision 4 as amended by section 7 of part UU of chapter 56 of the
 laws of 2020, is amended to read as follows:
 § 510.40 Court notification to principal of conditions of release and of
            alleged violations of conditions of release.
   1.  Upon  ordering that a principal be released on the principal's own
 recognizance[,] or released under non-monetary conditions, [or, if  bail
 has  been  fixed,  upon  the posting of bail,] the court must direct the
 principal to appear in the criminal action or proceeding involved  when-
 ever  the  principal's attendance may be required and to be at all times
 amenable to the orders and processes of the court. If such principal  is
 in  the  custody of the sheriff [or at liberty upon bail] at the time of
 the order, the court must direct that the principal be  discharged  from
 such [custody or, as the case may be, that the principal's bail be exon-
 erated].
   2.  [Upon  the issuance of an order fixing bail, where authorized, and
 upon the posting thereof, the court must examine the bail  to  determine
 whether  it  complies with the order. If it does, the court must, in the
 absence of some factor or circumstance which in law requires or  author-
 izes  disapproval thereof, approve the bail and must issue a certificate
 of release, authorizing the principal to be  at  liberty,  and,  if  the
 principal  is  in  the custody of the sheriff at the time, directing the
 sheriff to discharge the principal therefrom. If the bail fixed  is  not
 posted, or is not approved after being posted, the court must order that
 the  principal  be committed to the custody of the sheriff. In the event
 of any such non-approval, the court shall explain  promptly  in  writing
 the reasons therefor.
   3.]  Non-monetary  conditions  of  release shall be individualized and
 established in writing by the court. At future  court  appearances,  the
 court shall consider a lessening of conditions or modification of condi-
 tions to a less burdensome form based on the principal's compliance with
 such  conditions of release. In the event of alleged non-compliance with
 the conditions of release in an  important  respect,  pursuant  to  this
 subdivision,  additional  conditions may be imposed by the court, on the
 record or in writing, only after notice of the facts  and  circumstances
 of  such  alleged  non-compliance,  reasonable  under the circumstances,
 affording the principal and the principal's attorney and the  people  an
 opportunity to present relevant, admissible evidence, relevant witnesses
 and  to  cross-examine  witnesses, and a finding by clear and convincing
 evidence that the principal violated a condition of release in an impor-
 tant respect. Following such a finding, in determining whether to impose
 additional conditions for non-compliance, the court shall  consider  and
 may  select conditions [consistent with the court's obligation to impose
 the least restrictive condition  or  conditions]  that  will  reasonably
 assure the defendant's return to court OR MITIGATE THE RISK OF DANGER TO
 THE  PRINCIPAL, ANOTHER PERSON OR THE COMMUNITY. The court shall explain
 on the record or in writing the reasons for its  determination  and  for
 any changes to the conditions imposed.
   [4.]  3.  (a)  Electronic  monitoring of a principal's location may be
 ordered only if the court finds, after  notice,  an  opportunity  to  be
 heard  and an individualized determination explained on the record or in
 writing, that the  defendant  qualifies  for  electronic  monitoring  in
 accordance  with  subdivision  [twenty-one]  ELEVEN of section 500.10 of
 this title, and no other realistic  non-monetary  condition  or  set  of
 non-monetary  conditions will suffice to reasonably assure a principal's
 return to court.
 S. 5973                            19
 
   (b) The specific method of electronic monitoring  of  the  principal's
 location  must  be approved by the court. [It must be the least restric-
 tive procedure and method that will reasonably  assure  the  principal's
 return  to court, and unobtrusive to the greatest extent practicable] IN
 DETERMINING WHAT METHOD OR PROCEDURE TO APPROVE, THE COURT MUST CONSIDER
 THOSE METHODS OR PROCEDURES WHICH WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT OR MITIGATE THE RISK OF DANGER TO THE PRINCIPAL, ANOTHER
 PERSON OR THE COMMUNITY.
   (c)  Electronic  monitoring  of  the  location  of  a principal may be
 conducted only by a public entity under the supervision and control of a
 county or municipality or a non-profit  entity  under  contract  to  the
 county,  municipality  or  the  state. A county or municipality shall be
 authorized to enter into a contract with another county or  municipality
 in  the  state  to  monitor  principals under non-monetary conditions of
 release in its county, but counties, municipalities and the state  shall
 not  contract  with  any  private  for-profit  entity for such purposes.
 Counties, municipalities and the state may contract with a private  for-
 profit  entity  to  supply electronic monitoring devices or other items,
 provided that any interaction with persons under  electronic  monitoring
 or  the  data  produced  by such monitoring shall be conducted solely by
 employees of a county, municipality, the state, or a  non-profit  entity
 under contract with such county, municipality or the state.
   [(d)  Electronic  monitoring  of  a  principal's location may be for a
 maximum period of sixty days, and may be renewed for such period,  after
 notice,  an opportunity to be heard and a de novo, individualized deter-
 mination in accordance with this subdivision, which shall  be  explained
 on the record or in writing.
   A  defendant  subject  to  electronic  location  monitoring under this
 subdivision shall be considered held or confined in custody for purposes
 of section 180.80 of this chapter and shall be considered  committed  to
 the  custody  of the sheriff for purposes of section 170.70 of the chap-
 ter, as applicable.]
   [5.] 4. If a principal is released under non-monetary conditions,  the
 court  shall,  on  the  record and in an individualized written document
 provided to the principal, notify the principal, in plain language and a
 manner sufficiently clear and specific:
   (a) of any conditions to which the principal is subject, to serve as a
 guide for the principal's conduct; and
   (b) that the possible consequences for violation of such  a  condition
 may  include revocation of the securing order and the ordering of a more
 restrictive securing order.
   § 26. Section 510.45 of  the  criminal  procedure  law,  as  added  by
 section  8  of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 510.45 Pretrial services agencies.
   1. The office of court  administration  shall  certify  and  regularly
 review  for  recertification  one  or more pretrial services agencies in
 each county to monitor principals  released  under  non-monetary  condi-
 tions.  Such office shall maintain a listing on its public website iden-
 tifying  by  county  each  pretrial  services agency so certified in the
 state.
   2. Every such agency shall be a public entity  under  the  supervision
 and  control  of  a  county or municipality or a non-profit entity under
 contract to the county, municipality or the state. A county  or  munici-
 pality  shall be authorized to enter into a contract with another county
 or municipality in the state to monitor  principals  under  non-monetary
 S. 5973                            20
 
 conditions  of  release  in its county, but counties, municipalities and
 the state shall not contract with any private for-profit entity for such
 purposes.
   3.  (a) Any questionnaire, instrument or tool used with a principal in
 the process of  considering  or  determining  the  principal's  possible
 release  on recognizance[,] OR release under non-monetary conditions [or
 on bail,] or used with a principal in  the  process  of  considering  or
 determining  a  condition  or  conditions  of release or monitoring by a
 pretrial services agency, shall be promptly made available to the  prin-
 cipal  and  the principal's counsel upon written request. Any such blank
 form questionnaire, instrument or tool regularly used in the county  for
 such  purpose or a related purpose shall be made available to any person
 promptly upon request.
   (b) Any such questionnaire, instrument or tool used to inform determi-
 nations on release or conditions of release shall be:
   (i) designed and implemented in a way that  ensures  the  results  are
 free  from discrimination on the basis of race, national origin, sex, or
 any other protected class; and
   (ii) empirically validated and regularly revalidated, with such  vali-
 dation and revalidation studies and all underlying data, except personal
 identifying  information  for  any  defendant,  publicly  available upon
 request.
   4.[ Supervision by a pre-trial services agency may  be  ordered  as  a
 non-monetary  condition  pursuant to this title only if the court finds,
 after notice, an opportunity to be heard and an individualized  determi-
 nation  explained  on  the record or in writing, that no other realistic
 non-monetary condition or set of non-monetary conditions will suffice to
 reasonably assure the principal's return to court.
   5.] Each pretrial service agency certified  by  the  office  of  court
 administration  pursuant  to  this section shall at the end of each year
 prepare and file with such office an annual  report,  which  the  office
 shall compile, publish on its website and make available upon request to
 members of the public. Such reports shall not include any personal iden-
 tifying  information for any individual defendants. Each such report, in
 addition to other relevant information, shall set  forth,  disaggregated
 by each county served:
   (a) the number of defendants supervised by the agency;
   (b)  the length of time (in months) each such person was supervised by
 the agency prior to acquittal, dismissal, release on recognizance, revo-
 cation of release on conditions, and sentencing;
   (c) the race, ethnicity, age and sex of each person supervised;
   (d) the crimes with which each person supervised was charged;
   (e) the number of persons supervised for whom release conditions  were
 modified  by the court, describing generally for each person or group of
 persons the type and nature of the  condition  or  conditions  added  or
 removed;
   (f) the number of persons supervised for whom release under conditions
 was revoked by the court, and the basis for such revocations; and
   (g)  the court disposition in each supervised case, including sentenc-
 ing information.
   § 27. Subdivision 1 of section 510.50 of the criminal  procedure  law,
 as  amended  by section 9 of part JJJ of chapter 59 of the laws of 2019,
 is amended to read as follows:
   1. When the attendance of a principal confined in the custody  of  the
 sheriff is required at the criminal action or proceeding at a particular
 time  and  place,  the court may compel such attendance by directing the
 S. 5973                            21
 
 sheriff to produce the principal at such time and place. If the  princi-
 pal  is  at  liberty on the principal's own recognizance or non-monetary
 conditions [or on bail], the principal's attendance may be  achieved  or
 compelled by various methods, including notification and the issuance of
 a  bench warrant, prescribed by law in provisions governing such matters
 with respect to the particular kind of action or proceeding involved.
   § 28. Article 520 of the criminal procedure law is REPEALED.
   § 29. The article heading of article 530 of the criminal procedure law
 is amended to read as follows:
              [ORDERS OF RECOGNIZANCE OR BAIL] SECURING ORDERS
              WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
                     AND PROCEEDINGS--WHEN AND BY WHAT
                             COURTS AUTHORIZED
   § 30. Section 530.10 of the criminal  procedure  law,  as  amended  by
 section  11 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 530.10 Order of recognizance release under non-monetary conditions [or
            bail]; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 to issue a securing order for such  defendant  during  the  pendency  of
 either:
   1. A criminal action based upon such charge; or
   2. An appeal taken by the defendant from a judgment of conviction or a
 sentence  or  from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   § 31. The opening paragraph of subdivision 1 and subdivisions 9 and 11
 of section 530.12 of the criminal procedure law, the  opening  paragraph
 of subdivision 1 as amended by chapter 526 of the laws of 2013, subdivi-
 sion  9 as amended by section 81 of subpart B of part C of chapter 62 of
 the laws of 2011, subdivision 11 as amended by section 15 of part JJJ of
 chapter 59 of the laws of 2019, are amended to read as follows:
   When a criminal action is pending involving a complaint  charging  any
 crime or violation between spouses, former spouses, parent and child, or
 between  members of the same family or household, as members of the same
 family or household are defined in subdivision one of section 530.11  of
 this  article, the court, in addition to any other powers conferred upon
 it by this chapter may issue a temporary order of protection in conjunc-
 tion with any securing order committing the defendant to the custody  of
 the  sheriff  or  as  a condition of any order of recognizance or [bail]
 RELEASE UNDER NON-MONETARY CONDITIONS or an adjournment in contemplation
 of dismissal.
   9. If no warrant, order or temporary  order  of  protection  has  been
 issued  by  the  court,  and  an  act  alleged to be a family offense as
 defined in section 530.11 of this [chapter] ARTICLE is the basis of  the
 arrest,  the magistrate shall permit the complainant to file a petition,
 information or accusatory instrument and  for  reasonable  cause  shown,
 shall  thereupon  hold  such  respondent or defendant, admit to, [fix or
 accept bail,] or parole him or her for hearing before the  family  court
 or appropriate criminal court as the complainant shall choose in accord-
 ance with the provisions of section 530.11 of this [chapter] ARTICLE.
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by  a  court  of competent jurisdiction in another state, territorial or
 tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
 S. 5973                            22
 
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  an  order  of  recognizance or release under non-monetary
 conditions [or revoke an order of bail or order forfeiture of such bail]
 and commit the defendant to custody; or
   (b) restore the case to the calendar when there has been  an  adjourn-
 ment  in contemplation of dismissal and commit the defendant to custody;
 or
   (c) revoke a conditional discharge in accordance with  section  410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment  in  accordance  with  the  penal law based on the original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and impose a sentence of imprisonment in accordance with the  penal  law
 based  on the original conviction. In addition, if the act which consti-
 tutes the violation of the order of protection  or  temporary  order  of
 protection  is  a crime or a violation the defendant may be charged with
 and tried for that crime or violation.
   § 32. Subdivision 8 of section 530.13 of the criminal  procedure  law,
 as added by chapter 388 of the laws of 1984, paragraph (a) as amended by
 section  13 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
   8. If a defendant is brought before the court for failure to obey  any
 lawful  order issued under this section and if, after hearing, the court
 is satisfied by competent proof that the defendant has willfully  failed
 to obey any such order, the court may:
   (a)  revoke  an order of recognizance[,] OR release under non-monetary
 conditions [or bail] and commit the defendant to custody; or
   (b) restore the case to the calendar when there has been  an  adjourn-
 ment  in  contemplation of dismissal and commit the defendant to custody
 [or impose or increase bail] pending a trial of the  original  crime  or
 violation; or
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  33.  Section  530.20  of  the criminal procedure law, as amended by
 section 16 of part JJJ of chapter 59 of the laws of 2019, paragraph  (a)
 of  subdivision  1 as amended by section 3, subparagraphs (xix) and (xx)
 of paragraph (b) of subdivision 1 as amended and subparagraph  (xxi)  of
 paragraph  (b)  of  subdivision  1 as added by section 4 of subpart C of
 part UU of chapter 56 of the laws of 2022, paragraph (b) of  subdivision
 1  as amended by section 3 of part UU of chapter 56 of the laws of 2020,
 is amended to read as follows:
 § 530.20 Securing order by local criminal court when action  is  pending
            therein.
   When  a  criminal  action  is  pending in a local criminal court, such
 court, upon application of a defendant, shall proceed as follows:
   1. (a) In cases other than as  described  in  paragraph  (b)  of  this
 subdivision  the  court shall release the principal pending trial on the
 S. 5973                            23
 
 principal's own recognizance, unless [the court finds on the  record  or
 in  writing  that  release  on the principal's own recognizance will not
 reasonably assure the principal's return to court]  IT  IS  DEMONSTRATED
 AND  THE  COURT MAKES AN INDIVIDUALIZED DETERMINATION THAT THE PRINCIPAL
 POSES A RISK OF FLIGHT TO AVOID PROSECUTION OR POSES A DANGER  TO  THEM-
 SELVES,  ANOTHER PERSON OR THE COMMUNITY AS A WHOLE. [In such instances,
 the court shall release the  principal  under  non-monetary  conditions,
 selecting  the  least  restrictive  alternative and conditions that will
 reasonably assure the principal's return  to  court.]  The  court  shall
 explain  its  choice  of  alternative and conditions on the record or in
 writing. In making its determination, the court must consider  and  take
 into account available information about the principal, including:
   (i)  the  principal's CHARACTER, REPUTATION, HABITS, MENTAL CONDITION,
 activities and history;
   (ii) if the principal is a defendant, the charges facing the principal
 AND THE WEIGHT OF THE EVIDENCE AGAINST HIM OR HER IN THE PENDING  CRIMI-
 NAL  ACTION  AND ANY OTHER FACTOR INDICATING THE PROBABILITY OR IMPROBA-
 BILITY OF CONVICTION;
   (iii) the principal's criminal conviction record if any;
   (iv) the principal's record of previous  adjudication  as  a  juvenile
 delinquent,  as  retained  pursuant to section 354.1 of the family court
 act, or of pending cases where fingerprints  are  retained  pursuant  to
 section 306.1 of such act, or a youthful offender, if any;
   (v)  the  principal's  previous record IN COMPLYING WITH COURT ORDERS,
 INCLUDING ORDERS TO APPEAR WHEN REQUIRED, OR with respect to  flight  to
 avoid criminal prosecution;
   (vi)  [if  monetary  bail is authorized, according to the restrictions
 set forth in this title, the principal's  individual  financial  circum-
 stances, and, in cases where bail is authorized, the principal's ability
 to post bail without posing undue hardship, as well as his or her abili-
 ty to obtain a secured, unsecured, or partially secured bond;
   (vii)] any violation by the principal of an order of protection issued
 by any court;
   [(viii)]  (VII)  the  principal's  history  and use or possession of a
 firearm;
   [(ix)] (VIII) whether the charge is alleged  to  have  caused  serious
 harm to an individual or group of individuals; and
   [(x)] (IX) if the principal is a defendant, in the case of an applica-
 tion  for a securing order pending appeal, the merit or lack of merit of
 the appeal.
   (b) Where the principal stands charged with [a qualifying  offense]  A
 FELONY,  EXCEPT A CLASS E FELONY UNDER TITLE J OR K OF THE PENAL LAW, OR
 A QUALIFYING MISDEMEANOR, OR WHERE THE COURT HAS FOUND  THAT  COMMITTING
 THE  PRINCIPAL TO THE CUSTODY OF THE SHERIFF IS WARRANTED UNDER SUBDIVI-
 SION TWO OF THIS SECTION, the court[,] unless otherwise  prohibited  [by
 law,]  may  in its discretion release the principal pending trial on the
 principal's own recognizance  or  under  non-monetary  conditions,  [fix
 bail,]  or,  where  the  defendant  is charged with a qualifying offense
 which is a felony, the court may commit the principal to the custody  of
 the sheriff. The court shall explain its choice of release, release with
 conditions,  [bail]  or  remand on the record or in writing. A principal
 stands charged with a qualifying offense when he or she  stands  charged
 with:
   (i) [a felony enumerated in section 70.02 of the penal law, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 S. 5973                            24

 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling;
   (ii)  a  crime  involving witness intimidation under section 215.15 of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv) a class A felony defined in the penal  law,  provided,  that  for
 class  A  felonies  under  article  two hundred twenty of such law, only
 class A-I felonies shall be a qualifying offense;
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (vi)  conspiracy  in the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (vii) money laundering in support of terrorism in the first degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (viii) criminal contempt in the second degree as defined  in  subdivi-
 sion  three of section 215.50 of the penal law, criminal contempt in the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of the penal law or aggravated criminal contempt as defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article;
   (ix) facilitating a sexual performance by a child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (x)  any  crime  that  is  alleged to have caused the death of another
 person;
   (xi) criminal obstruction of breathing or blood circulation as defined
 in section 121.11 of the penal law, strangulation in the  second  degree
 as  defined  in section 121.12 of the penal law or unlawful imprisonment
 in the first degree as defined in section 135.10 of the penal  law,  and
 is alleged to have committed the offense against a member of the defend-
 ant's  same family or household as defined in subdivision one of section
 530.11 of this article;
 S. 5973                            25

   (xii) aggravated vehicular assault as defined in section  120.04-a  of
 the  penal  law  or  vehicular assault in the first degree as defined in
 section 120.04 of the penal law;
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law, when such crime is charged as a hate crime as defined  in
 section 485.05 of the penal law;
   (xiv)  aggravated  assault upon a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (xvi) failure to register as a sex offender pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (xvii) a crime involving bail jumping under section 215.55, 215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (xviii) any felony offense committed by the principal while serving  a
 sentence of probation or while released to post release supervision;
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or property, provided, however, that the prosecutor must show reasonable
 cause  to believe that the defendant committed the instant crime and any
 underlying crime. For the purposes of  this  subparagraph,  any  of  the
 underlying  crimes  need  not be a qualifying offense as defined in this
 subdivision. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; or
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as defined in section 265.16 of the  penal  law]
 WITNESS  TAMPERING  IN THE FOURTH DEGREE AS DEFINED IN SECTION 215.10 OF
 THE PENAL LAW;
   (II) A MISDEMEANOR UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (III) CONSPIRACY IN THE FIFTH DEGREE AS DEFINED IN SECTION  105.05  OF
 THE  PENAL  LAW  WHERE THE UNDERLYING ALLEGATIONS OF SUCH CHARGE IS THAT
 S. 5973                            26
 
 THE DEFENDANT CONSPIRED TO COMMIT A FELONY OR MISDEMEANOR THAT OTHERWISE
 QUALIFIES FOR BAIL;
   (IV)  CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
 THREE OF SECTION 215.50 OF THE PENAL LAW;
   (V) A SPECIFIED OFFENSE  ENUMERATED  IN  SUBDIVISION  TWO  OF  SECTION
 240.75  OF  THE  PENAL  LAW  WHERE  SUCH OFFENSE IS ALLEGED TO HAVE BEEN
 COMMITTED AGAINST A MEMBER OF THE DEFENDANT'S SAME FAMILY  OR  HOUSEHOLD
 AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE;
   (VI)  ANY  MISDEMEANOR  WHEN  SUCH CRIME IS CHARGED AS A HATE CRIME AS
 DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (VII) BAIL JUMPING IN THE THIRD DEGREE AS DEFINED IN SECTION 215.55 OF
 THE PENAL LAW;
   (VIII) ESCAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 205.05 OF  THE
 PENAL LAW;
   (IX)  ANY  MISDEMEANOR INVOLVING INTENTIONALLY CAUSING HARM TO ANOTHER
 PERSON OR AN ANIMAL;
   (X) ANY MISDEMEANOR INVOLVING THE USE AND  POSSESSION  OF  A  FIREARM,
 SHOTGUN OR RIFLE;
   (XI)  ANY  CLASS  A  MISDEMEANOR  WHERE SUCH CHARGE AROSE FROM CONDUCT
 WHILE THE DEFENDANT  WAS  RELEASED  ON  HIS  OR  HER  OWN  RECOGNIZANCE,
 RELEASED  UNDER CONDITIONS OR HAD YET TO BE ARRAIGNED AFTER THE ISSUANCE
 OF A DESK APPEARANCE TICKET FOR A SEPARATE OFFENSE;
   (XII) ANY OTHER OFFENSE THAT THE DIVISION OF CRIMINAL JUSTICE SERVICES
 HAS IDENTIFIED PURSUANT TO ARTICLE FIFTY OF THE EXECUTIVE LAW.
   [(d) Notwithstanding the provisions of paragraphs (a) and (b) of  this
 subdivision,  with respect to any charge for which bail or remand is not
 ordered, and for which the  court  would  not  or  could  not  otherwise
 require  bail  or remand, a defendant may, at any time, request that the
 court set bail in a nominal amount requested by  the  defendant  in  the
 form  specified in paragraph (a) of subdivision one of section 520.10 of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount.]
   2. WHERE A DEFENDANT IS CHARGED WITH AN OFFENSE THAT DOES NOT  QUALIFY
 FOR PRETRIAL DETENTION UNDER SUBDIVISION FOUR OF THIS SECTION, THE COURT
 MAY  COMMIT  THE  PRINCIPAL  TO  THE CUSTODY OF THE SHERIFF IF THE COURT
 MAKES  AN  INDIVIDUALIZED  DETERMINATION  THAT  THE  PRINCIPAL  POSES  A
 SUBSTANTIAL  RISK  OF  HARM  TO THEMSELVES, OTHERS OR THE COMMUNITY AS A
 WHOLE, OR WHERE THE COURT DETERMINES THAT THE DEFENDANT  HAS  AN  ESTAB-
 LISHED HISTORY OF DISOBEYING DIRECTIVES OF THE COURT.
   (A)  THE  COURT  MAY  CONSIDER  THE FOLLOWING FACTORS WHEN DETERMINING
 WHETHER A PRINCIPAL POSES A RISK OF HARM:
   (I) THE NATURE OF THE PRINCIPAL'S PRIOR CONVICTIONS, INCLUDING WHETHER
 THE PRINCIPAL HAS BEEN CONVICTED  OF  ANY  VIOLENT  FELONIES  LISTED  IN
 SECTION 70.02 OF THE PENAL LAW;
   (II) THE PRINCIPAL'S ACCESS TO WEAPONS;
   (III) WHETHER THE PRINCIPAL HAS ANY ASSOCIATION WITH A CRIMINAL STREET
 GANG,  AS  DEFINED  IN  SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION  460.10
 OF THE PENAL LAW; AND
   (IV)  ANY  HISTORY  OF  THREATS  OR INTIMIDATION TO WITNESSES IN PRIOR
 CRIMINAL PROCEEDINGS.
   (B) THE COURT MAY CONSIDER  THE  FOLLOWING  FACTORS  WHEN  DETERMINING
 WHETHER  A PRINCIPAL HAS AN ESTABLISHED HISTORY OF DISOBEYING DIRECTIVES
 OF THE COURT:
   (I) ANY HISTORY OF BENCH WARRANTS FAILURES TO APPEAR;
   (II) PREVIOUS VIOLATION OF ORDERS OF PROTECTION;
 S. 5973                            27
 
   (III) ANY HISTORY OF REARRESTS WHILE OTHER CHARGES ARE PENDING; AND
   (IV) ANY HISTORY OF WITNESS INTIMIDATION OR TAMPERING.
   3.  When the defendant is charged, by felony complaint, with a felony,
 the court may, in its  discretion,  order  recognizance,  release  under
 non-monetary  conditions,  [or,  where  authorized,  bail] or commit the
 defendant to the custody of the sheriff except as otherwise provided  in
 subdivision one of this section or this subdivision:
   (a) A city court, a town court or a village court may not order recog-
 nizance [or bail] when (i) the defendant is charged with a class A felo-
 ny, or (ii) the defendant has two previous felony convictions;
   (b) No local criminal court may order recognizance[,] OR release under
 non-monetary  conditions  [or  bail] with respect to a defendant charged
 with a felony unless and until:
   (i) The district attorney has been heard in the matter or, after know-
 ledge or notice of the application  and  reasonable  opportunity  to  be
 heard,  has  failed  to appear at the proceeding or has otherwise waived
 his right to do so; and
   (ii) The court and counsel for the defendant have been furnished  with
 a  report  of  the  division of criminal justice services concerning the
 defendant's criminal record, if any, or with a police department  report
 with  respect  to the defendant's prior arrest and conviction record, if
 any. If neither report is available, the court, with the consent of  the
 district  attorney, may dispense with this requirement; provided, howev-
 er, that in an emergency, including but not  limited  to  a  substantial
 impairment in the ability of such division or police department to time-
 ly  furnish  such  report,  such  consent  shall not be required if, for
 reasons stated on the record, the court deems it unnecessary.  When  the
 court  has  been  furnished  with  any  such  report or record, it shall
 furnish a copy thereof to counsel for the defendant or, if the defendant
 is not represented by counsel, to the defendant.
   § 34. Section 530.30 of the criminal procedure law, the section  head-
 ing  and  subdivisions  1  and 2 as amended by section 17 of part JJJ of
 chapter 59 of the laws of 2019, is amended to read as follows:
 § 530.30 Order of recognizance[,] OR release under  non-monetary  condi-
            tions [or bail]; by superior court judge when action is pend-
            ing in local criminal court.
   1.  When a criminal action is pending in a local criminal court, other
 than one consisting of a superior court judge sitting as such,  a  judge
 of  a superior court holding a term thereof in the county, upon applica-
 tion of a defendant, may order recognizance[,] OR release under non-mon-
 etary conditions [or, where authorized, bail] when such  local  criminal
 court:
   (a)  Lacks  authority to issue such an order, pursuant to the relevant
 provisions of section 530.20 of this article; or
   (b) Has denied an application for  recognizance[,]  OR  release  under
 non-monetary conditions [or bail]; or
   (c) [Has fixed bail, where authorized, which is excessive; or
   (d)] Has set a securing order of release under non-monetary conditions
 which  are  more  restrictive  than  necessary  to reasonably assure the
 defendant's return to court.
   In such case, such superior court judge may vacate the order  of  such
 local  criminal court and release the defendant on recognizance or under
 non-monetary conditions[, or where authorized,  fix  bail  in  a  lesser
 amount or in a less burdensome form, whichever are the least restrictive
 alternative  and  conditions that will reasonably assure the defendant's
 return to court].  THE COURT MUST MAKE AN  INDIVIDUALIZED  DETERMINATION
 S. 5973                            28
 
 THAT  ANY  CONDITIONS  IMPOSED  ARE  NECESSARY TO SECURE THE PRINCIPAL'S
 RETURN TO COURT WHEN REQUIRED OR MITIGATE THE  RISK  OF  DANGER  TO  THE
 PRINCIPAL,  ANOTHER PERSON OR THE COMMUNITY. The court shall explain its
 choice of alternative and conditions on the record or in writing.
   2.  Notwithstanding the provisions of subdivision one of this section,
 when the defendant is charged with a felony in a local criminal court, a
 superior court judge may not  order  recognizance[,]  OR  release  under
 non-monetary  conditions  [or,  where authorized, bail] unless and until
 the district attorney has had an opportunity to be heard in  the  matter
 and  such judge and counsel for the defendant have been furnished with a
 report as described in subparagraph (ii) of paragraph (b) of subdivision
 [two] THREE of section 530.20 of this article.
   3. Not more than one application may be made pursuant to this section.
   § 35. Section 530.40 of the criminal  procedure  law,  as  amended  by
 section  18 of part JJJ of chapter 59 of the laws of 2019, subdivision 3
 as amended by section 3 of subpart B of part UU of  chapter  56  of  the
 laws  of 2022, subdivision 4 as amended by section 4 of part UU of chap-
 ter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision  4  as
 amended  and paragraph (u) as added by section 4 of subpart B of part UU
 of chapter 56 of the laws of 2022, is amended to read as follows:
 § 530.40 Order of recognizance[,] OR release under  non-monetary  condi-
            tions  [or  bail];  by  superior court when action is pending
            therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application  of  a  defendant,  must or may order recognizance [or
 bail] as follows:
   1. When the defendant is charged with an offense or offenses  of  less
 than  felony  grade  only,  the court must, unless otherwise provided by
 law, order recognizance or  release  under  non-monetary  conditions  in
 accordance with this section.
   2.  When the defendant is charged with a felony, the court may, unless
 otherwise provided by law in its discretion, order recognizance, release
 under non-monetary conditions or, where  authorized,  [bail]  COMMITTING
 THE  PRINCIPAL  TO THE CUSTODY OF THE SHERIFF. In any such case in which
 an indictment (a) has resulted from an order of a local  criminal  court
 holding the defendant for the action of the grand jury, or (b) was filed
 at  a time when a felony complaint charging the same conduct was pending
 in a local criminal court, and in which such local criminal court  or  a
 superior  court judge has issued an order of recognizance, release under
 non-monetary conditions or,  where  authorized,  [bail]  COMMITTING  THE
 PRINCIPAL  TO  THE  CUSTODY OF THE SHERIFF which is still effective, the
 superior court's order may be in the form of a direction continuing  the
 effectiveness of the previous order.
   3.  In  cases  other  than  as  described  in subdivision four of this
 section the court shall release the principal pending trial on the prin-
 cipal's own recognizance, unless [the court finds on the  record  or  in
 writing  that  release  on  the  principal's  own  recognizance will not
 reasonably assure the principal's return to court]  IT  IS  DEMONSTRATED
 AND  THE  COURT MAKES AN INDIVIDUALIZED DETERMINATION THAT THE PRINCIPAL
 POSES A RISK OF FLIGHT TO AVOID PROSECUTION OR POSES A DANGER  TO  THEM-
 SELVES, ANOTHER PERSON, OR THE COMMUNITY AS A WHOLE. [In such instances,
 the  court  shall  release  the principal under non-monetary conditions,
 selecting the least restrictive alternative  and  conditions  that  will
 reasonably  assure  the  principal's  return  to court.] The court shall
 explain its choice of alternative and conditions on  the  record  or  in
 S. 5973                            29
 
 writing.  In  making its determination, the court must consider and take
 into account available information about the principal, including:
   (a)  the  principal's CHARACTER, REPUTATION, HABITS, MENTAL CONDITION,
 activities and history;
   (b) if the principal is a defendant, the charges facing the  principal
 AND  THE WEIGHT OF THE EVIDENCE AGAINST HIM OR HER IN THE PENDING CRIMI-
 NAL ACTION AND ANY OTHER FACTOR INDICATING THE PROBABILITY  OR  IMPROBA-
 BILITY OF CONVICTION;
   (c) the principal's criminal conviction record if any;
   (d)  the  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.1 of  the  family  court
 act,  or  of  pending  cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) the principal's previous record IN COMPLYING  WITH  COURT  ORDERS,
 INCLUDING  ORDERS  TO APPEAR WHEN REQUIRED, OR with respect to flight to
 avoid criminal prosecution;
   (f) [if monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g)] any violation by the principal of an order of  protection  issued
 by any court;
   [(h)] (G) the principal's history and use or possession of a firearm;
   [(i)] (H) whether the charge is alleged to have caused serious harm to
 an individual or group of individuals; and
   [(j)]  (I) if the principal is a defendant, in the case of an applica-
 tion for a securing order pending appeal, the merit or lack of merit  of
 the appeal.
   4.  Where  the  principal  stands  charged with a [qualifying offense]
 FELONY, EXCEPT A CLASS E FELONY UNDER TITLE J OR K OF THE PENAL LAW,  OR
 A  QUALIFYING  MISDEMEANOR, OR WHERE THE COURT HAS FOUND THAT COMMITTING
 THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF IS WARRANTED UNDER  SUBDIVI-
 SION  TWO  OF  THIS  SECTION,  the court, unless otherwise prohibited by
 law[,] may in its discretion release the principal pending trial on  the
 principal's  own  recognizance  or  under  non-monetary conditions, [fix
 bail, or, where the defendant is charged with a qualifying offense which
 is a felony, the court may] OR commit the principal to  the  custody  of
 the sheriff. The court shall explain its choice of release, release with
 conditions[,  bail]  or  remand on the record or in writing. A principal
 stands charged with a qualifying offense for the purposes of this subdi-
 vision when he or she stands charged with:
   (a) [a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A  felonies under article two hundred twenty of such law, only class A-I
 felonies shall be a qualifying offense;
 S. 5973                            30

   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article;
   (i) facilitating a sexual performance by a  child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this article;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
 S. 5973                            31

   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p)  failure  to  register  as  a sex offender pursuant to section one
 hundred sixty-eight-t of the correction law or endangering  the  welfare
 of  a child as defined in subdivision one of section 260.10 of the penal
 law, where the defendant is  required  to  maintain  registration  under
 article  six-C of the correction law and designated a level three offen-
 der pursuant to subdivision six of section one hundred sixty-eight-l  of
 the correction law;
   (q)  a  crime  involving  bail jumping under section 215.55, 215.56 or
 215.57 of the penal law, or a  crime  involving  escaping  from  custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r)  any  felony  offense  committed  by the principal while serving a
 sentence of probation or while released to post release supervision;
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law;
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; or
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section  265.16  of  the  penal  law]
 WITNESS  TAMPERING  IN THE FOURTH DEGREE AS DEFINED IN SECTION 215.10 OF
 THE PENAL LAW;
   (B) A MISDEMEANOR UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (C) CONSPIRACY IN THE FIFTH DEGREE AS DEFINED IN SECTION 105.05 OF THE
 PENAL LAW WHERE THE UNDERLYING ALLEGATIONS OF SUCH CHARGE  IS  THAT  THE
 DEFENDANT  CONSPIRED  TO  COMMIT  A FELONY OR MISDEMEANOR THAT OTHERWISE
 QUALIFIES FOR BAIL;
   (D) CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED  IN  SUBDIVISION
 THREE OF SECTION 215.50 OF THE PENAL LAW;
   (E)  A  SPECIFIED  OFFENSE  ENUMERATED  IN  SUBDIVISION TWO OF SECTION
 240.75 OF THE PENAL LAW WHERE SUCH  OFFENSE  IS  ALLEGED  TO  HAVE  BEEN
 COMMITTED  AGAINST  A MEMBER OF THE DEFENDANT'S SAME FAMILY OR HOUSEHOLD
 AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE;
 S. 5973                            32
 
   (F) ANY MISDEMEANOR WHEN SUCH CRIME IS CHARGED  AS  A  HATE  CRIME  AS
 DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (G)  BAIL  JUMPING IN THE THIRD DEGREE AS DEFINED IN SECTION 215.55 OF
 THE PENAL LAW;
   (H) ESCAPE IN THE THIRD DEGREE AS DEFINED IN  SECTION  205.05  OF  THE
 PENAL LAW;
   (I)  ANY  MISDEMEANOR  INVOLVING INTENTIONALLY CAUSING HARM TO ANOTHER
 PERSON OR AN ANIMAL;
   (J) ANY MISDEMEANOR INVOLVING THE USE AND  POSSESSION  OF  A  FIREARM,
 SHOTGUN OR RIFLE;
   (K) ANY CLASS A MISDEMEANOR WHERE SUCH CHARGE AROSE FROM CONDUCT WHILE
 THE  DEFENDANT  WAS  RELEASED  ON  HIS OR HER OWN RECOGNIZANCE, RELEASED
 UNDER CONDITIONS OR HAD YET TO BE ARRAIGNED AFTER THE ISSUANCE OF A DESK
 APPEARANCE TICKET FOR A SEPARATE OFFENSE; OR
   (L) ANY OTHER OFFENSE THAT THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
 HAS IDENTIFIED PURSUANT TO ARTICLE FIFTY OF THE EXECUTIVE LAW.
   5.  [Notwithstanding  the provisions of subdivisions three and four of
 this section, with respect to any charge for which bail or remand is not
 ordered, and for which the  court  would  not  or  could  not  otherwise
 require  bail  or remand, a defendant may, at any time, request that the
 court set bail in a nominal amount requested by  the  defendant  in  the
 form  specified in paragraph (a) of subdivision one of section 520.10 of
 this title; if the court is satisfied that the request is voluntary, the
 court shall set such bail in such amount] WHERE A DEFENDANT  IS  CHARGED
 WITH  AN  OFFENSE  THAT  DOES  NOT  QUALIFY FOR PRETRIAL DETENTION UNDER
 SUBDIVISION FOUR OF THIS SECTION, THE COURT MAY COMMIT THE PRINCIPAL  TO
 THE CUSTODY OF THE SHERIFF IF THE COURT MAKES AN INDIVIDUALIZED DETERMI-
 NATION  THAT  THE  PRINCIPAL  POSES  A SUBSTANTIAL RISK OF HARM TO THEM-
 SELVES, OTHERS OR THE COMMUNITY AS A WHOLE, OR WHERE  THE  COURT  DETER-
 MINES  THAT  THE  DEFENDANT  HAS  AN  ESTABLISHED  HISTORY OF DISOBEYING
 DIRECTIVES OF THE COURT.
   (A) THE COURT MAY CONSIDER  THE  FOLLOWING  FACTORS  WHEN  DETERMINING
 WHETHER A PRINCIPAL POSES A RISK OF HARM:
   (I) THE NATURE OF THE PRINCIPAL'S PRIOR CONVICTIONS, INCLUDING WHETHER
 THE  PRINCIPAL  HAS  BEEN  CONVICTED  OF  ANY VIOLENT FELONIES LISTED IN
 SECTION 70.02 OF THE PENAL LAW;
   (II) THE PRINCIPAL'S ACCESS TO WEAPONS;
   (III) WHETHER THE PRINCIPAL HAS ANY ASSOCIATION WITH A CRIMINAL STREET
 GANG, AS DEFINED IN SECTION 10-170 OF THE  ADMINISTRATIVE  CODE  OF  THE
 CITY  OF NEW YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10
 OF THE PENAL LAW; AND
   (IV) ANY HISTORY OF THREATS OR  INTIMIDATION  TO  WITNESSES  IN  PRIOR
 CRIMINAL PROCEEDINGS.
   (B)  THE  COURT  MAY  CONSIDER  THE FOLLOWING FACTORS WHEN DETERMINING
 WHETHER A PRINCIPAL HAS AN ESTABLISHED HISTORY OF DISOBEYING  DIRECTIVES
 OF THE COURT:
   (I) ANY HISTORY OF BENCH WARRANTS FAILURES TO APPEAR;
   (II) PREVIOUS VIOLATION OF ORDERS OF PROTECTION;
   (III) ANY HISTORY OF REARRESTS WHILE OTHER CHARGES ARE PENDING; AND
   (IV) ANY HISTORY OF WITNESS INTIMIDATION OR TAMPERING.
   6.  Notwithstanding the provisions of subdivisions two, three and four
 of this section, a superior court may not  order  recognizance,  release
 under  non-monetary conditions [or, where authorized, bail,] or permit a
 defendant to remain at liberty pursuant to an existing order, after  the
 defendant  has been convicted of either: (a) a class A felony or (b) any
 class B or class C felony as defined in article one  hundred  thirty  of
 S. 5973                            33
 
 the  penal  law committed or attempted to be committed by a person eigh-
 teen years of age or older against a person less than eighteen years  of
 age. In either case the court must commit or remand the defendant to the
 custody of the sheriff.
   7.  Notwithstanding the provisions of subdivisions two, three and four
 of this section, a superior  court  may  not  order  recognizance[,]  OR
 release  under non-monetary conditions [or, where authorized, bail] when
 the defendant is charged with a felony unless  and  until  the  district
 attorney has had an opportunity to be heard in the matter and such court
 and  counsel  for  the  defendant  have  been furnished with a report as
 described in subparagraph (ii) of paragraph  (b)  of  subdivision  [two]
 THREE of section 530.20 of this article.
   §  36.  The section heading and subdivision 1 of section 530.45 of the
 criminal procedure law, the section heading as added by chapter  435  of
 the  laws of 1974, subdivision 1 as amended by section 19 of part JJJ of
 chapter 59 of the laws of 2019, are amended to read as follows:
   Order  of  recognizance  [or  bail]  NON-MONETARY  CONDITIONS;   after
 conviction and before sentence.
   1. When the defendant is at liberty in the course of a criminal action
 as  a  result  of a prior order of recognizance[,] OR release under non-
 monetary conditions [or bail] and the court revokes such order and then,
 where authorized, [fixes no bail or fixes bail in a greater amount or in
 a more burdensome form than was previously fixed and] remands or commits
 defendant to the custody of the sheriff, or issues  a  more  restrictive
 securing  order,  a judge designated in subdivision two of this section,
 upon application of the defendant following  conviction  of  an  offense
 other  than  a  class A felony or a class B or class C felony offense as
 defined in article one hundred thirty of  the  penal  law  committed  or
 attempted  to  be  committed  by a person eighteen years of age or older
 against a person less than eighteen years of age, and before sentencing,
 may issue a securing order and release the defendant on the  defendant's
 own  recognizance,  release the defendant under non-monetary conditions,
 [or, where authorized, fix bail or fix bail in a lesser amount or  in  a
 less  burdensome form,] or issue a less restrictive securing order, than
 fixed by the court in which the conviction was entered.
   § 37. Section 530.50 of the criminal  procedure  law,  as  amended  by
 chapter  264 of the laws of 2003, subdivision 1 as designated and subdi-
 vision 2 as added by section 10 of part UU of chapter 56 of the laws  of
 2020,  subdivision  3  as  added by section 4 of subpart D of part UU of
 chapter 56 of the laws of 2022, is amended to read as follows:
 § 530.50 Order of recognizance or [bail] NON-MONETARY CONDITIONS; during
            pendency of appeal.
   1. A judge who is otherwise authorized pursuant to section  460.50  or
 section  460.60  OF  THIS  CHAPTER  to issue an order of recognizance or
 [bail] NON-MONETARY CONDITIONS pending the determination of  an  appeal,
 may  do  so unless the defendant received a class A felony sentence or a
 sentence for any class B or class C felony offense  defined  in  article
 one hundred thirty of the penal law committed or attempted to be commit-
 ted  by  a  person  eighteen years of age or older against a person less
 than eighteen years of age.
   2. Notwithstanding the  provisions  of  subdivision  four  of  section
 510.10 OF THIS TITLE, paragraph (b) of subdivision one of section 530.20
 and  subdivision  four of section 530.40 of this [title] ARTICLE, when a
 defendant charged with an offense that is not such a qualifying  offense
 applies,  pending  determination  of an appeal, for an order of recogni-
 zance or release  on  non-monetary  conditions,  where  authorized,  [or
 S. 5973                            34

 fixing bail,] a judge identified in subdivision two of section 460.50 or
 paragraph  (a) of subdivision one of section 460.60 of this chapter may,
 in accordance with law, and except as otherwise provided by law, issue a
 securing  order: releasing the defendant on the defendant's own recogni-
 zance or under non-monetary conditions where authorized, [fixing  bail,]
 or  remanding  the defendant to the custody of the sheriff where author-
 ized.
   3. Where an appeal by the people has been taken from an order dismiss-
 ing one or more counts of an accusatory instrument for failure to comply
 with a discovery order pursuant to subdivision twelve of section  450.20
 of  this  chapter and the defendant is charged with a qualifying offense
 in the remaining counts in the accusatory instrument,  pending  determi-
 nation  of  an  appeal, the defendant may apply for an order of recogni-
 zance or release  on  non-monetary  conditions,  where  authorized[,  or
 fixing bail]. A judge identified in subdivision two of section 460.50 of
 this  chapter  or  paragraph (a) of subdivision one of section 460.60 of
 this chapter may, in  accordance  with  law,  and  except  as  otherwise
 provided  by  law, issue a securing order releasing the defendant on the
 defendant's own recognizance  or  under  non-monetary  conditions  where
 authorized,  [fixing bail,] or remanding the defendant to the custody of
 the sheriff where authorized.
   § 38. Section 530.60 of the criminal  procedure  law,  as  amended  by
 section  20 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
 § 530.60 Certain modifications of a securing order.
   1. Whenever in the course of a criminal action or proceeding a defend-
 ant is at liberty as a result of an order of recognizance[,] OR  release
 under non-monetary conditions [or bail] issued pursuant to this chapter,
 and  the  court considers it necessary to review such order, whether due
 to a motion by the people or otherwise, the court  may,  and  except  as
 provided in subdivision two of section 510.50 of this title concerning a
 failure to appear in court, by a bench warrant if necessary, require the
 defendant  to  appear before the court. Upon such appearance, the court,
 for good cause shown, may revoke the order of recognizance[,] OR release
 under non-monetary conditions, [or bail] AND COMMIT THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF.  [If the defendant is entitled to  recognizance,
 release under non-monetary conditions, or bail as a matter of right, the
 court  must issue another such order. If the defendant is not, the court
 may either issue such an order or commit the defendant to the custody of
 the sheriff in accordance with this section.]
   Where the defendant is committed to the custody of the sheriff and  is
 held  on  a felony complaint, a new period as provided in section 180.80
 of this chapter shall commence to run from the time of  the  defendant's
 commitment under this subdivision.
   2.  (a)  Whenever  in  the course of a criminal action or proceeding a
 defendant charged with the commission of a felony is  at  liberty  as  a
 result  of  an  order  of  recognizance[,] OR release under non-monetary
 conditions [or bail] issued pursuant to this article it shall be grounds
 for revoking such order that the court finds reasonable cause to believe
 the defendant committed one or more [specified class A or violent felony
 offenses or intimidated a victim or  witness  in  violation  of  section
 215.15,  215.16 or 215.17 of the penal law] FELONY OFFENSES OR MISDEMEA-
 NOR OFFENSES ENUMERATED IN SUBDIVISION FOUR OF SECTION  510.10  OF  THIS
 TITLE while at liberty.
   (b)  Except  as  provided  in paragraph (a) of this subdivision or any
 other law, whenever in the course of a criminal action or  proceeding  a
 S. 5973                            35
 
 defendant  charged  with the commission of an offense is at liberty as a
 result of an order of  recognizance[,]  OR  release  under  non-monetary
 conditions [or bail] issued pursuant to this article it shall be grounds
 for  revoking  such  order  and  fixing  bail in such criminal action or
 proceeding when the court has found, by clear and  convincing  evidence,
 that the defendant:
   (i) persistently and willfully failed to appear after notice of sched-
 uled appearances in the case before the court; or
   (ii)  violated  an  order  of  protection  in the manner prohibited by
 subdivision (b), (c) or (d) of section 215.51 of the penal law while  at
 liberty; or
   (iii)  stands  charged  in  such  criminal action or proceeding with a
 misdemeanor or violation and, after  being  so  charged,  intimidated  a
 victim  or  witness  in violation of section 215.15, 215.16 or 215.17 of
 the penal law or tampered with a witness in violation of section 215.11,
 215.12 or 215.13 of the penal law, [law] while at liberty; or
   (iv) stands charged in such action or proceeding with  a  felony  and,
 after being so charged, committed a felony while at liberty.
   (c)  Before revoking an order of recognizance[,] OR release under non-
 monetary conditions, [or bail] pursuant to this subdivision,  the  court
 must  hold a hearing and shall receive any relevant, admissible evidence
 not legally privileged. The defendant may  cross-examine  witnesses  and
 may  present relevant, admissible evidence on his own behalf. Such hear-
 ing may be consolidated with, and conducted at the same time as, a felo-
 ny hearing conducted pursuant to article  one  hundred  eighty  of  this
 chapter.  A  transcript  of  testimony  taken before the grand jury upon
 presentation of the subsequent offense shall be admissible  as  evidence
 during  the  hearing.  The district attorney may move to introduce grand
 jury testimony of a witness in lieu of that witness' appearance  at  the
 hearing.
   (d)  Revocation  of  an order of recognizance[,] OR release under non-
 monetary conditions [or bail] and a new securing order [fixing bail]  or
 commitment, as specified in this paragraph and pursuant to this subdivi-
 sion shall be for the following periods:
   (i)  Under  paragraph (a) of this subdivision, revocation of the order
 of recognizance[,] OR release under non-monetary conditions [or, as  the
 case may be, bail], and a new securing order [fixing bail] or committing
 the defendant to the custody of the sheriff shall be as follows:
   (A) For a period not to exceed ninety days exclusive of any periods of
 adjournment requested by the defendant; or
   (B)  Until the charges contained within the accusatory instrument have
 been reduced or dismissed such that no count remains which  charges  the
 defendant with commission of a felony; or
   (C)  Until  reduction or dismissal of the charges contained within the
 accusatory instrument charging the subsequent offense such that no count
 remains which charges the defendant with commission  of  a  class  A  or
 violent felony offense.
   Upon  expiration  of  any  of  the three periods specified within this
 subparagraph, whichever is shortest, the court may grant or deny release
 upon  an  order  of  [bail  or]  recognizance  in  accordance  with  the
 provisions of this article. Upon conviction to an offense the provisions
 of  [article five hundred thirty of] this [chapter] ARTICLE shall apply;
 and
   (ii) Under paragraph (b) of this subdivision, revocation of the  order
 of  recognizance[,] OR release under non-monetary conditions [or, as the
 case may be, bail] shall result in the issuance of a new securing  order
 S. 5973                            36
 
 which  may,  if  otherwise  authorized  by  law,  permit the principal's
 release on recognizance or release under  non-monetary  conditions,  but
 shall  also  render  the  defendant  eligible  for an order [fixing bail
 provided,  however, that in accordance with the principles in this title
 the court must select the least restrictive alternative and condition or
 conditions that will reasonably assure the principal's return to  court]
 OF  COMMITMENT  TO  THE CUSTODY OF THE SHERIFF. Nothing in this subpara-
 graph shall be interpreted as shortening the  period  of  detention,  or
 requiring  or authorizing any less restrictive form of a securing order,
 which may be imposed pursuant to any other law.
   (e) Notwithstanding the provisions of paragraph (a)  or  (b)  of  this
 subdivision  a defendant, against whom a felony complaint has been filed
 which charges the defendant with commission of  a  class  A  or  violent
 felony  offense  or violation of section 215.15, 215.16 or 215.17 of the
 penal law committed while he was at liberty as specified therein, may be
 committed to the custody of the sheriff pending a revocation hearing for
 a period not to exceed seventy-two hours. An additional  period  not  to
 exceed seventy-two hours may be granted by the court upon application of
 the  district attorney upon a showing of good cause or where the failure
 to commence the hearing was due to the defendant's request  or  occurred
 with  his  consent. Such good cause must consist of some compelling fact
 or circumstance  which  precluded  conducting  the  hearing  within  the
 initial prescribed period.
   §  39. The section heading of section 530.70 of the criminal procedure
 law is amended to read as follows:
   Order  of  recognizance  or  [bail]  NON-MONETARY  CONDITIONS;   bench
 warrant.
   § 40. Section 530.80 of the criminal procedure law is REPEALED.
   § 41. Article 540 of the criminal procedure law is REPEALED.
   § 42. Subdivisions 2 and 3 of section 550.10 of the criminal procedure
 law is amended to read as follows:
   2. If the defendant has been arraigned in the action and, by virtue of
 a  securing order, is either in the custody of the sheriff or at liberty
 within the state on his OR HER own recognizance or [on bail] UNDER  NON-
 MONETARY CONDITIONS, his OR HER attendance may be secured as follows:
   (a)    If the defendant is confined in the custody of the sheriff, the
 court may direct the sheriff to produce him OR HER;
   (b) If the defendant is at liberty within the state as a result of  an
 order  releasing  him OR HER on his OR HER own recognizance or [on bail]
 UNDER NON-MONETARY CONDITIONS, the court may secure his OR  HER  attend-
 ance by notification or by the issuance of a bench warrant.
   3.  If  the  defendant's  attendance  cannot  be  secured  by  methods
 described in subdivisions one and two OF THIS SECTION, either because he
 OR SHE is outside the state or because [he] SUCH DEFENDANT  is  confined
 in  an  institution  within  the state as a result of an order issued in
 some other action, proceeding or matter,  his  OR  HER  attendance  may,
 under  indicated  circumstances,  be secured by procedures prescribed in
 the ensuing articles of this title.
   § 43. Section 570.36 of the criminal procedure law is amended to  read
 as follows:
 § 570.36  Commitment to await requisition[; bail].
   If  from  the  examination  before the local criminal court it appears
 that the person held is the person charged  with  having  committed  the
 crime  alleged,  and,  except  in  cases arising under section 570.14 or
 570.16 OF THIS ARTICLE, that he OR SHE has fled from justice, the  local
 criminal court must, by a warrant reciting the accusation, commit him OR
 S. 5973                            37
 
 HER  to  the  county  jail for such a time not exceeding thirty days and
 specified in the warrant, as will enable the arrest of the accused to be
 made under a warrant of the governor on a requisition of  the  executive
 authority  of  the state having jurisdiction of the offense[, unless the
 accused gives bail as provided in the next section,] or until he OR  SHE
 shall be legally discharged.
   § 44. Section 570.38 of the criminal procedure law is REPEALED.
   §  45. Section 570.40 of the criminal procedure law is amended to read
 as follows:
 § 570.40  Extension of time of commitment; adjournment.
   If the accused is not arrested under warrant of the  governor  by  the
 expiration  of the time specified in the warrant, bond or undertaking, a
 local criminal court may discharge him or may recommit him for a further
 period of sixty days, or for further periods not to exceed in the aggre-
 gate sixty days[, or a supreme court justice or county judge  may  again
 take  bail  for  his  appearance  and  surrender, as provided in section
 570.38 but within a period not to exceed sixty days after  the  date  of
 such new bond or undertaking].
   § 46. Section 570.42 of the criminal procedure law is REPEALED.
   § 47. Paragraph (c) of subdivision 3 of section 722.20 of the criminal
 procedure  law, as added by section 1-a of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (c) If there is not reasonable cause to  believe  that  the  defendant
 committed  any criminal act, the court must dismiss the felony complaint
 and discharge the defendant from custody if he OR SHE is in custody[, or
 if he is at liberty on bail, it must exonerate the bail].
   § 48. Paragraph (c) of subdivision 3 of section 722.21 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, is amended to read as follows:
   (c)  If  there  is  not reasonable cause to believe that the defendant
 committed any criminal act, the court must dismiss the felony  complaint
 and discharge the defendant from custody if he OR SHE is in custody[, or
 if he is at liberty on bail, it must exonerate the bail].
   § 49. Subdivision 2 of section 730.20 of the criminal procedure law is
 amended to read as follows:
   2.  When the defendant is not in custody at the time a court issues an
 order  of  examination,  because  he OR SHE was theretofore released [on
 bail  or]  on  his  OR  HER  own  recognizance  OR  UNDER   NON-MONETARY
 CONDITIONS, the court may direct that the examination be conducted on an
 out-patient  basis,  and  at  such  time and place as the director shall
 designate.  If, however, the director informs the  court  that  hospital
 confinement  of the defendant is necessary for an effective examination,
 the court may direct that the defendant be confined in a hospital desig-
 nated by the director until the examination is completed.
   § 50. Subdivision 1 of section 730.50 of the criminal  procedure  law,
 as  amended  by  chapter  7  of  the laws of 2013, is amended to read as
 follows:
   1. When a superior court, following a hearing  conducted  pursuant  to
 subdivision  three  or four of section 730.30 of this article, is satis-
 fied that the defendant is not an  incapacitated  person,  the  criminal
 action  against  him  or  her  must proceed. If it is satisfied that the
 defendant is an incapacitated person, or if no motion for such a hearing
 is made, it must adjudicate him or her an incapacitated person, and must
 issue a final order of observation or an order of commitment.  When  the
 indictment  does  not  charge  a  felony  or when the defendant has been
 convicted of an offense other than a felony, such court (a) must issue a
 S. 5973                            38
 
 final order of observation committing the defendant to  the  custody  of
 the  commissioner  for  care and treatment in an appropriate institution
 for a period not to exceed ninety days from  the  date  of  such  order,
 provided,  however,  that  the commissioner may designate an appropriate
 hospital for placement of a defendant for whom a final order of observa-
 tion has been issued, where such hospital is licensed by the  office  of
 mental health and has agreed to accept, upon referral by the commission-
 er,  defendants subject to final orders of observation issued under this
 subdivision, and (b) must dismiss the indictment  filed  in  such  court
 against  the  defendant,  and  such  dismissal  constitutes a bar to any
 further prosecution of the charge or charges contained in  such  indict-
 ment.  Upon  the  issuance of a final order of observation, the district
 attorney shall immediately transmit to the  commissioner,  in  a  manner
 intended  to  protect  the confidentiality of the information, a list of
 names and contact information of persons who may reasonably be  expected
 to  be  the  victim  of  any  assault  or any violent felony offense, as
 defined in the penal law, or any offense listed  in  section  530.11  of
 this  chapter  which  would  be  carried  out  by  the committed person;
 provided that the person who reasonably may be expected to be  a  victim
 does  not  need  to  be  a member of the same family or household as the
 committed person. When the indictment  charges  a  felony  or  when  the
 defendant  has  been  convicted  of  a felony, it must issue an order of
 commitment committing the defendant to the custody of  the  commissioner
 for  care  and  treatment  in  an  appropriate  institution or, upon the
 consent of the district attorney, committing him or her to  the  custody
 of  the commissioner for care and treatment on an out-patient basis, for
 a period not to exceed one year from the date of such order.  [Upon  the
 issuance of an order of commitment, the court must exonerate the defend-
 ant's  bail  if  he  or she was previously at liberty on bail; provided,
 however, that exoneration of bail is not required when  a  defendant  is
 committed  to  the custody of the commissioner for care and treatment on
 an out-patient basis.] When the defendant  is  in  the  custody  of  the
 commissioner  pursuant to a final order of observation, the commissioner
 or his or her designee, which may include the director of an appropriate
 institution, immediately upon  the  discharge  of  the  defendant,  must
 certify  to  such  court  that  he  or  she has complied with the notice
 provisions set forth in paragraph (a)  of  subdivision  six  of  section
 730.60 of this article.
   § 51. Section 246-a of the lien law is REPEALED.
   §  52. Article 50 and sections 1000, 1001, 1002 and 1003 of the execu-
 tive law, as renumbered by chapter 770 of the laws of 1978,  are  renum-
 bered  article 51 and sections 1100, 1101, 1102 and 1103 and a new arti-
 cle 50 is added to read as follows:
                                ARTICLE 50
                    COMMISSION ON PUBLIC SAFETY REFORM
 SECTION 1005. COMMISSION ON PUBLIC SAFETY REFORM.
         1006. POWERS AND DUTIES OF THE COMMISSION.
   § 1005. COMMISSION ON PUBLIC SAFETY REFORM. 1. THERE IS HEREBY CREATED
 IN THE DEPARTMENT, THE COMMISSION ON PUBLIC SAFETY REFORM,  WHICH  SHALL
 CONSIST OF THE FOLLOWING FIFTEEN MEMBERS:
   (A)  THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES WHO
 SHALL BE CHAIR OF THE COMMISSION;
   (B) FOURTEEN MEMBERS APPOINTED BY THE GOVERNOR.
   2. OF THE MEMBERS APPOINTED BY THE GOVERNOR:
   (A) ONE MEMBER SHALL BE A REPRESENTATIVE OF A LAW  ENFORCEMENT  AGENCY
 LOCATED  OUTSIDE  OF  A  CITY  WITH A POPULATION OF OVER ONE MILLION AND
 S. 5973                            39
 
 SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE COMMISSIONER OF CRIMI-
 NAL JUSTICE SERVICES;
   (B)  ONE  MEMBER SHALL BE A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY
 LOCATED WITHIN A CITY WITH A POPULATION OF OVER ONE MILLION AND SHALL BE
 APPOINTED UPON THE RECOMMENDATION OF THE MAYOR OF SUCH CITY;
   (C) ONE MEMBER SHALL BE A DISTRICT ATTORNEY OF A COUNTY OUTSIDE A CITY
 WITH A POPULATION OF ONE MILLION AND SHALL BE APPOINTED UPON THE  RECOM-
 MENDATION OF AN ORGANIZATION REPRESENTING DISTRICT ATTORNEYS;
   (D)  ONE MEMBER SHALL BE A DISTRICT ATTORNEY OF A COUNTY WITHIN A CITY
 WITH A POPULATION OF GREATER THAN ONE MILLION  AND  SHALL  BE  APPOINTED
 UPON THE RECOMMENDATION OF THE MAYOR OF SUCH CITY;
   (E)  ONE  MEMBER  SHALL  BE  A  REPRESENTATIVE  OF THE PUBLIC CRIMINAL
 DEFENSE BAR WHO SHALL BE APPOINTED UPON THE RECOMMENDATION OF AN  ORGAN-
 IZATION REPRESENTING PUBLIC DEFENSE SERVICES;
   (F)  ONE  MEMBER  SHALL  BE  A  REPRESENTATIVE OF THE PRIVATE CRIMINAL
 DEFENSE BAR WHO SHALL BE APPOINTED UPON THE RECOMMENDATION OF AN  ORGAN-
 IZATION OF SUCH BAR;
   (G)  TWO MEMBERS SHALL APPOINTED UPON THE RECOMMENDATION OF THE TEMPO-
 RARY PRESIDENT OF THE SENATE;
   (H) TWO MEMBERS SHALL BE APPOINTED  UPON  THE  RECOMMENDATION  OF  THE
 SPEAKER OF THE ASSEMBLY;
   (I)  ONE  MEMBER  SHALL  BE  APPOINTED  UPON THE RECOMMENDATION OF THE
 MINORITY LEADER OF THE SENATE;
   (J) ONE MEMBER SHALL BE  APPOINTED  UPON  THE  RECOMMENDATION  OF  THE
 MINORITY LEADER OF THE ASSEMBLY;
   (K)  ONE  MEMBER  SHALL  BE  APPOINTED  UPON THE RECOMMENDATION OF THE
 ATTORNEY GENERAL OF THE STATE OF NEW YORK; AND
   (L) ONE MEMBER, WHO SHALL BE AN ATTORNEY OR JUDGE SHALL  BE  APPOINTED
 UPON THE RECOMMENDATION OF THE CHIEF JUDGE OF THE COURT OF APPEALS.
   3.  OF  THE  MEMBERS  APPOINTED  BY THE GOVERNOR, EACH MEMBER SHALL BE
 APPOINTED TO SERVE A TWO YEAR TERM. ANY MEMBER APPOINTED BY THE GOVERNOR
 MAY BE REAPPOINTED FOR ADDITIONAL TWO YEAR TERMS.
   4. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN BY EXPI-
 RATION OF TERM SHALL BE APPOINTED BY THE GOVERNOR FOR THE UNEXPIRED TERM
 OF THE MEMBER HE OR SHE IS TO SUCCEED. ANY SUCH VACANCY SHALL BE  FILLED
 IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
   5.  THE  COMMISSION  SHALL  MEET AT LEAST FOUR TIMES EACH YEAR AND MAY
 ESTABLISH ITS OWN RULES AND PROCEDURES CONCERNING  THE  CONDUCT  OF  ITS
 MEETINGS AND OTHER AFFAIRS NOT INCONSISTENT WITH LAW.
   6.  NO  MEMBER  OF  THE  COMMISSION  ON  PUBLIC SAFETY REFORM SHALL BE
 DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL  HE
 OR  SHE  FORFEIT  ANY SUCH OFFICE OR EMPLOYMENT, BY REASON OF HIS OR HER
 APPOINTMENT HEREUNDER, AND  MEMBERS  OF  THE  COMMISSION  SHALL  NOT  BE
 REQUIRED  TO TAKE AND FILE OATHS OF OFFICE BEFORE SERVING ON THE COMMIS-
 SION.
   7. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION  FOR  THEIR
 SERVICES  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS HEREUNDER.
   § 1006. POWERS AND DUTIES OF THE COMMISSION. 1. THE  COMMISSION  SHALL
 HAVE THE FOLLOWING DUTIES, INCLUDING, BUT NOT LIMITED TO:
   (A)  THE COMMISSION SHALL CONDUCT A THOROUGH STUDY AND ISSUE A COMPRE-
 HENSIVE  REPORT  ON  WHICH  CRIMES  SHOULD  BE  ELIGIBLE  FOR   PRETRIAL
 DETENTION.  WHEN CONDUCTING SUCH STUDY THE COMMISSION SHALL SEEK TO FIND
 THE APPROPRIATE BALANCE BETWEEN PUBLIC SAFETY  AND  THE  RIGHTS  OF  THE
 ACCUSED. THE COMMISSION SHALL CONSIDER THE FOLLOWING FACTORS, INCLUDING,
 BUT NOT LIMITED TO:
 S. 5973                            40
 
   (I) DATA ON CRIME IN NEW YORK STATE;
   (II)  A  REVIEW  OF THE SUCCESSES AND CHALLENGES FACED BY OTHER STATES
 THAT HAVE ENACTED LARGE SCALE CRIMINAL JUSTICE REFORM;
   (III) RATES OF RECIDIVISM; AND
   (IV) ANY OTHER FACTOR THE COMMISSION DEEMS RELEVANT.
   (B) THE COMPREHENSIVE  REPORT  SHALL  CONTAIN  DETAILED  ANALYSIS  AND
 JUSTIFICATION  OF  THE  DATA UTILIZED TO DETERMINE WHICH CRIMES SHALL OR
 SHALL NOT BE ELIGIBLE FOR PRETRIAL DETENTION.
   (C) THE COMMISSION SHALL DRAFT AND PUBLISH A MODEL RISK ANALYSIS  TOOL
 UTILIZING  CRIME  DATA  FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES
 FOR USE BY JUDGES IN DETERMINING IF IT IS APPROPRIATE  FOR  A  JUDGE  TO
 REMAND  AN  INDIVIDUAL  ACCUSED  OF A CRIME. THE COMMISSION WILL HOLD AT
 LEAST ONE PUBLIC HEARING ON THIS MODEL RISK ANALYSIS TOOL  WITHIN  EIGH-
 TEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND SHALL PUBLISH THE
 FINAL MODEL RISK ANALYSIS TOOL WITHIN NINETY DAYS OF THE PUBLIC HEARING.
   2.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
 SION ON PUBLIC SAFETY REFORM SHALL ISSUE A DRAFT REPORT, WHICH SHALL  BE
 SUBMITTED  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE  SENATE,  AND  THE
 MINORITY  LEADER  OF  THE  ASSEMBLY ON RECOMMENDED ELIGIBLE FOR PRETRIAL
 DETENTION CRIMES WITH SUPPORTING EVIDENCE OF  WHY  CERTAIN  CRIMES  WERE
 INCLUDED  AND OTHERS WERE EXCLUDED. AT LEAST THREE PUBLIC HEARINGS SHALL
 BE HELD BY THE COMMISSION TO PROVIDE THE PUBLIC WITH THE OPPORTUNITY  TO
 COMMENT  ON THE REPORT. NOTICE OF SUCH HEARINGS SHALL BE PROVIDED ON THE
 DEPARTMENT OF CRIMINAL JUSTICE SERVICES WEBSITE.
   3. WITHIN NINETY DAYS OF THE DATE OF  THE  LAST  PUBLIC  HEARING,  THE
 COMMISSION  ON  PUBLIC  SAFETY REFORM SHALL SUBMIT A FINAL REPORT TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF
 THE ASSEMBLY. COPIES OF SUCH REPORT SHALL ALSO BE MADE AVAILABLE TO  THE
 PUBLIC  AND POSTED ON THE WEBSITES OF THE DEPARTMENT OF CRIMINAL JUSTICE
 SERVICES.
   § 53. This act shall take effect immediately; provided, however,  that
 sections  one  through  fifty-one  of  this act shall take effect on the
 ninetieth day after it shall have become a law.