LBD01541-01-9
A. 10564 2
persons have been dangerous criminals who indulge in crime as a vocation
or a way of life or compulsive lawbreakers driven by psychopathic tend-
encies, the dynamic thrust of neurotic maladjustment or the coercive
stimulus of narcotic addiction to repetitive criminal behavior whenever
they are at large in society.
Moreover, some criminals abuse the privilege of pretrial liberty by
threatening, attacking or intimidating witnesses or jurors or interfer-
ing with trial evidence. Sometimes a defendant's intention to engage in
such activity is manifest when the court first confronts the task of
making a pretrial release determination with respect to him or her. At
other times, it becomes known when the defendant misbehaves during the
period of pretrial release. In either case, the court should be provided
with remedies adequate to vindicating the integrity of the trial proc-
ess.
The person accused of a crime has no absolute constitutional right to
pretrial release and the individual and social interests supporting the
pretrial release of persons accused of a dangerous crime who have a
prior conviction for a dangerous crime or who allegedly perpetrated the
dangerous crime while on pretrial or post trial release in connection
with a prior charge of committing a dangerous crime are overbalanced by
the individual and social interests in protecting society and its
members from the prospective criminal conduct of that element of such
accused persons who pose the danger of pretrial recidivism. And where a
person charged with any criminal offense has interfered with a witness,
juror or trial evidence after release or has indicated an intention to
do so if released to await trial, the social interest in protecting the
integrity of the criminal justice system from the interfering pressures
exerted by such a person and persons similarly motivated overrides his
or her interest and the interests of similarly motivated persons in
pretrial liberty and justifies a mechanism for detaining such persons.
It is thus hereby declared to be the policy of the state of New York
to create a mechanism for denying bail or any other form of pretrial
release to accused persons of such type when necessary to safeguard the
safety of any other person or the community or the integrity of the
criminal justice system and when detention is not necessary for the
achievement of these goals, to impose such a condition or conditions on
release as is or are necessary to protect the safety of any other person
or the community or the integrity of the criminal justice system.
S 2. The criminal procedure law is amended by adding a new section
180.05 to read as follows:
S 180.05 PROCEEDINGS UPON FELONY COMPLAINT SUBJECT TO PROVISIONS OF
SECTION 530.15 OF THIS CHAPTER.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SECTION OF THIS ARTICLE,
WHERE A DEFENDANT IS SUBJECT TO THE PROVISIONS OF SECTION 530.15 OF THIS
CHAPTER AND SUCH SECTION IS INVOKED BY THE COURT IN ACCORDANCE WITH ITS
PROVISIONS, THE RELEASE OF THE DEFENDANT AT THE ARRAIGNMENT UPON AN
ADJOURNMENT FOR THE PURPOSE OF OBTAINING COUNSEL OR PENDING THE HOLDING
OF A FELONY HEARING OR DURING A PERIOD OF ADJOURNMENT OF THE FELONY
HEARING OR AT ANY TIME FOR ANY OTHER PURPOSE IN CONNECTION WITH THE
PROCEEDINGS OF A FELONY COMPLAINT SHALL BE SUBJECT TO THE PROVISIONS OF
SECTION 530.15 OF THIS CHAPTER AND THE COURT MAY DENY RELEASE WHERE SUCH
SECTION AUTHORIZES SUCH DENIAL.
S 3. The opening paragraph of section 180.80 of the criminal procedure
law, as amended by chapter 556 of the laws of 1982, is amended to read
as follows:
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Upon application of a defendant, EXCEPT A DEFENDANT FOR WHOM A
DETENTION HEARING HAS BEEN ORDERED UNDER SECTION 530.15 OF THIS CHAPTER,
OR WHO HAS BEEN ORDERED DETAINED UNDER SUCH SECTION, against whom a
felony complaint has been filed with a local criminal court, and who,
since the time of his arrest or subsequent thereto, has been held in
custody pending disposition of such felony complaint, and who has been
confined in such custody for a period of more than one hundred twenty
hours or, in the event that a Saturday, Sunday or legal holiday occurs
during such custody, one hundred forty-four hours, without either a
disposition of the felony complaint or commencement of a hearing there-
on, the local criminal court must release him on his own recognizance
unless:
S 4. Section 180.80 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. WHERE A DETENTION HEARING HAS BEEN ORDERED PURSUANT TO SECTION
530.15 OF THIS CHAPTER, THE DEFENDANT AGAINST WHOM A FELONY COMPLAINT
HAS BEEN FILED IN A LOCAL CRIMINAL COURT, AND WHO EITHER AT THE TIME OF
ARRAIGNMENT THEREON OR PRIOR OR SUBSEQUENT THERETO, HAS BEEN COMMITTED
TO THE CUSTODY OF THE SHERIFF PENDING DISPOSITION OF THE FELONY
COMPLAINT OR DETENTION PROCEEDING, SHALL BE DETAINED IN CUSTODY PENDING
THE HOLDING OF THE DETENTION HEARING AND THE DECISION OF THE JUDICIAL
OFFICER THEREON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 530.15 OF
THIS CHAPTER UNLESS THE DEFENDANT IS RELEASED PENDING THE DETENTION
HEARING PURSUANT TO THE PERMISSION OF SUCH SECTION. THE DETENTION HEAR-
ING MAY BE HELD AT THE SAME COURT SESSION AS AND IMMEDIATELY AFTER THE
FELONY HEARING AND THE EVIDENCE OR INFORMATION PRESENTED AT THE FELONY
HEARING MAY BE CONSIDERED BY THE JUDICIAL OFFICER PRESIDING AT THE
DETENTION HEARING. THE RULES OF EVIDENCE AND THE LIMITATIONS ON THE
INTRODUCTION OF EVIDENCE APPLICABLE TO THE FELONY HEARING SHALL NOT BE
ENFORCED IN CONNECTION WITH THE DETENTION HEARING, WHICH SHALL BE
CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 530.15 OF THIS
CHAPTER. WHERE A JUDICIAL OFFICER BEFORE WHOM SUCH A FELONY HEARING HAS
BEEN HELD RENDERS A DECISION ON SUCH HEARING FINDING THAT THERE IS NOT
REASONABLE CAUSE TO HOLD THE DEFENDANT, THE DEFENDANT SHALL NOT BE HELD
FOR A DETENTION HEARING AND SHALL BE RELEASED.
S 5. The criminal procedure law is amended by adding a new section
530.15 to read as follows:
S 530.15 PRETRIAL DETENTION OR CONDITIONAL RELEASE OF CERTAIN PERSONS
CHARGED WITH DANGEROUS CRIMES TO PROTECT COMMUNITY SAFETY
AND PERSONS CHARGED WITH ANY CRIMINAL OFFENSE WHERE NECES-
SARY TO PROTECT A TRIAL WITNESS, JUROR OR EVIDENCE; POST
TRIAL DETENTION OR CONDITIONAL RELEASE OF CERTAIN PERSONS
CONVICTED OF A DANGEROUS CRIME.
1. DEFINITIONS. AS USED IN THIS SECTION THE TERM:
(A) "JUDICIAL OFFICER" MEANS, UNLESS OTHERWISE INDICATED, A JUDGE OF A
SUPERIOR COURT OR A JUDGE OF A LOCAL CRIMINAL COURT.
(B) "DETENTION" MEANS TOTAL DETENTION OR PARTIAL DETENTION, THAT IS,
DETENTION DURING A CERTAIN PORTION OF THE DAY, WEEK AND/OR MONTH AND
RELEASE FOR THE REMAINDER OF THE TIME FOR EMPLOYMENT OR FAMILIAL
PURPOSES OR TO ENABLE THE PERSON TO PREPARE HIS OR HER DEFENSE OR FOR
OTHER LIMITED PURPOSES FOUND BY THE JUDICIAL OFFICER TO JUSTIFY SUCH
RELEASE, WHETHER SUCH RELEASE IS UNSUPERVISED OR WHETHER THE JUDICIAL
OFFICER PLACES THE PERSON IN THE PARTIAL OR TOTAL CUSTODY OR SUPERVISION
OF SOME DESIGNATED PERSON OR PUBLIC OFFICER OR ORGANIZATION DURING THE
TIME WHEN THE ACCUSED PERSON IS NOT IN DETENTION.
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(C) "DETAINED" MEANS THAT A PERSON CHARGED WITH A CRIME IS SUBJECTED
TO DETENTION AS DEFINED IN THIS SUBDIVISION.
(D) "DANGEROUS CRIME" MEANS THE FOLLOWING CRIMES DEFINED BY THE PENAL
LAW OF THIS STATE: ASSAULT SECOND AND FIRST DEGREES; MANSLAUGHTER
SECOND AND FIRST DEGREES; MURDER SECOND AND FIRST DEGREES; RAPE FIRST
DEGREE; CRIMINAL SEXUAL ACT FIRST DEGREE; SEXUAL ABUSE FIRST DEGREE;
KIDNAPPING SECOND AND FIRST DEGREES; CRIMINAL MISCHIEF FIRST DEGREE WHEN
THE CHARGE IS DAMAGING PROPERTY BY MEANS OF EXPLOSIVES; ARSON THIRD,
SECOND AND FIRST DEGREES; ROBBERY SECOND AND FIRST DEGREES; CRIMINAL
POSSESSION OF A WEAPON IN THE SECOND DEGREE WHEN THE CHARGE IS
POSSESSION OF A MACHINE GUN OR LOADED FIREARM WITH INTENT TO USE THE
SAME UNLAWFULLY AGAINST ANOTHER IN VIOLATION OF SECTION 265.03 OF THE
PENAL LAW; CRIMINAL POSSESSION OF A DANGEROUS WEAPON IN THE FIRST DEGREE
WHEN THE CHARGE IS POSSESSION OF ANY EXPLOSIVE SUBSTANCE WITH INTENT TO
USE THE SAME UNLAWFULLY AGAINST THE PERSON OR PROPERTY OF ANOTHER IN
VIOLATION OF SECTION 265.04 OF THE PENAL LAW; OR THE MANUFACTURE, TRANS-
PORT, DISPOSITION AND DEFACEMENT OF WEAPONS AND DANGEROUS INSTRUMENTS
AND APPLIANCES WHEN THE CHARGE IS MANUFACTURE OF A MACHINE GUN OR THE
CAUSING OF SUCH MANUFACTURE IN VIOLATION OF SUBDIVISION ONE OF SECTION
265.10 OF THE PENAL LAW OR THE TRANSPORTING OR SHIPPING OF ANY MACHINE
GUN OR FIREARM SILENCER IN VIOLATION OF SUBDIVISION TWO OF SECTION
265.10 OF THE PENAL LAW.
(E) "SUBSTANTIAL PROBABILITY" MEANS A STANDARD OF PROOF REQUIRING MORE
PROOF THAN THE "PROBABLE CAUSE" STANDARD AND LESS PROOF THAN THE "BEYOND
A REASONABLE DOUBT" STANDARD AND CORRESPONDING TO THE "FAIR PREPONDER-
ANCE OF THE EVIDENCE" RULE OF PROOF IN CIVIL CASES.
(F) "CONVICTION" MEANS THE VERDICT OF A JURY IN A JURY TRIAL OR THE
DECISION OF A JUDGE IN A NON-JURY TRIAL FINDING THE ACCUSED PERSON GUIL-
TY AFTER A TRIAL ON A CRIMINAL CHARGE OR A PLEA OF GUILTY TO A CRIMINAL
CHARGE BY THE PERSON ACCUSED IN THE CHARGE.
(G) "CONVICTED" MEANS THAT A PERSON ACCUSED IN A CRIMINAL CHARGE HAS
SUFFERED A CONVICTION.
2. PROBATION DEPARTMENT'S DUTY TO SUPPLY INFORMATION ON REQUEST AND TO
SUPERVISE PERSONS RELEASED ON CONDITION. A JUDICIAL OFFICER BEFORE WHOM
THERE IS PENDING A MOTION OR PROCEEDING TO DETAIN A PARTICULAR PERSON
UNDER THE AUTHORITY OF THIS SECTION MAY REQUEST FROM THE PROBATION
DEPARTMENT OF THE COUNTY IN WHICH THE MOTION OR PROCEEDING IS PENDING
INFORMATION CONCERNING THE SAID PERSON AND THIS INFORMATION SHALL BE
SUPPLIED BY THE PROBATION DEPARTMENT IN THE FORM OF A PROMPT REPORT TO
THE JUDICIAL OFFICER. THE JUDICIAL OFFICER MAY CONSIDER THIS INFORMATION
IN MAKING THE DECISION AS TO WHETHER OR NOT TO DETAIN THE PERSON AND IN
DECIDING WHAT FORM OF DETENTION OR RELEASE TO ORDER. THE JUDICIAL OFFI-
CER MAY ALSO ASK THE PROBATION DEPARTMENT TO RENDER TO THE JUDICIAL
OFFICER AN OPINION IN WRITING AS TO WHETHER SUCH A PARTICULAR PERSON
SHOULD BE DETAINED AND, IF DETENTION IS RECOMMENDED, WHAT FORM OF
DETENTION SHOULD BE ORDERED. THE OPINION OF THE PROBATION DEPARTMENT OR
ANY OFFICER OF SUCH DEPARTMENT SHALL NOT BE BINDING UPON THE JUDICIAL
OFFICER.
THE PROBATION DEPARTMENT OF A COUNTY IN WHICH SUCH A PARTICULAR PERSON
IS RELEASED ON CONDITION OR UNDER RESTRICTIONS SHALL SUPERVISE SUCH
PERSON AND REPORT PROMPTLY TO THE JUDICIAL OFFICER WHO ORDERED THE
RELEASE OF SUCH PERSON OR THE COURT IN WHICH THE RELEASE WAS ORDERED
WHENEVER SUCH PERSON VIOLATES THE CONDITIONS OF RELEASE. THE PROBATION
DEPARTMENT SHALL ALSO MAKE SUCH A PROMPT REPORT TO THE PROSECUTING
AUTHORITY INVOLVED IN THE CASE.
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3. RELEASE OR CONDITIONAL RELEASE IN ABSENCE OF DETENTION. (A) WHEN
ANY PERSON CHARGED WITH BUT NOT YET CONVICTED OF A DANGEROUS CRIME
APPEARS FOR THE FIRST TIME BEFORE A JUDICIAL OFFICER, THE JUDICIAL OFFI-
CER, UNLESS THE PROSECUTING ATTORNEY MOVES TO DETAIN THE PERSON PENDING
TRIAL AND THE JUDICIAL OFFICER ORDERS A DETENTION HEARING IN ACCORDANCE
WITH THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, MAY EITHER
RELEASE THE PERSON ON RECOGNIZANCE OR, IN ORDER TO ASSURE THE SAFETY OF
ANY OTHER PERSON OR THE COMMUNITY FROM DANGEROUS CRIME, MAY RELEASE THE
PERSON ON ONE OR MORE OF THE CONDITIONS SPECIFIED IN PARAGRAPH (B) OF
THIS SUBDIVISION EXCEPT AS PROVIDED IN SUBDIVISIONS ELEVEN AND THIRTEEN
OF THIS SECTION.
(B) WHEN THE JUDICIAL OFFICER IS A JUDGE OF A CITY COURT, TOWN COURT
OR VILLAGE COURT SITTING IN A LOCAL CRIMINAL COURT WHICH IS A CITY
COURT, TOWN COURT OR VILLAGE COURT, HE MAY NOT ORDER RELEASE ON RECOGNI-
ZANCE OR ON BAIL OR ON ANY OTHER CONDITION WHEN THE PERSON IS CHARGED
WITH A CLASS A FELONY OR IT APPEARS THAT THE PERSON HAS TWO PREVIOUS
FELONY CONVICTIONS. WHEN THE JUDGE OF A LOCAL CRIMINAL COURT IS PROHIB-
ITED UNDER THIS PARAGRAPH FROM GRANTING THE RELEASE OF THE PERSON, A
JUDGE OF A SUPERIOR COURT HOLDING A TERM THEREOF IN THE COUNTY, UPON
APPLICATION OF THE PERSON, MAY ORDER RELEASE ON RECOGNIZANCE OR ON BAIL
OR ON OTHER CONDITION OR CONDITIONS IN ACCORDANCE WITH THE PROVISIONS OF
THIS SUBDIVISION. SUCH SUPERIOR COURT JUDGE MAY ALSO, UPON APPLICATION
OF THE PROSECUTING ATTORNEY, ORDER THAT A DETENTION HEARING BE HELD IN
SUPERIOR COURT WHEN SUCH A HEARING IS AUTHORIZED UNDER THE PROCEEDINGS
OF SUBDIVISION FOUR OF THIS SECTION.
(C) THE JUDICIAL OFFICER MAY IMPOSE SUCH CONDITION OR CONDITIONS AS
IS OR ARE REASONABLY NECESSARY, AND NONE BEYOND THAT REASONABLY NECES-
SARY, TO ASSURE THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY FROM
DANGEROUS CRIME. HOWEVER, WHEN THE JUDICIAL OFFICER FINDS THAT A
DETENTION HEARING IS AUTHORIZED UNDER THE PROVISIONS OF SUBDIVISION FOUR
OF THIS SECTION, THE JUDICIAL OFFICER MAY ORDER THAT SUCH A HEARING BE
HELD IF THE PROSECUTING ATTORNEY MOVES FOR THE HOLDING OF SUCH A HEAR-
ING.
(D) NOTWITHSTANDING THE FOREGOING PROVISIONS, THE JUDICIAL OFFICER
MAY NOT ISSUE AN ORDER UNDER THIS SUBDIVISION RELEASING THE PERSON
ACCUSED OF A DANGEROUS CRIME ON RECOGNIZANCE OR ON ONE OR MORE CONDI-
TIONS UNLESS AND UNTIL THE PROSECUTING ATTORNEY HAS HAD AN OPPORTUNITY
TO BE HEARD IN THE MATTER, OR, IF THE MATTER IS WITHIN THE COGNIZANCE OF
A LOCAL CRIMINAL COURT, AFTER KNOWLEDGE OR NOTICE OF THE APPLICATION AND
REASONABLE OPPORTUNITY TO BE HEARD, HAS FAILED TO APPEAR AT THE PROCEED-
ING OR HAS OTHERWISE WAIVED HIS RIGHT TO DO SO AND UNLESS AND UNTIL THE
JUDICIAL OFFICER HAS BEEN FURNISHED WITH A REPORT OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES CONCERNING THE PERSON'S CRIMINAL RECORD, IF
ANY, OR WITH A POLICE DEPARTMENT REPORT WITH RESPECT TO THE PERSON'S
PRIOR ARREST RECORD. WHEN THE JUDICIAL OFFICER HAS BEEN FURNISHED WITH
ANY SUCH REPORT OR RECORD, IT SHALL FURNISH A COPY THEREOF TO COUNSEL
FOR THE PERSON OR, IF THE PERSON IS NOT REPRESENTED BY COUNSEL, TO THE
PERSON.
(E) IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (D) OF THIS
SUBDIVISION, THE JUDICIAL OFFICER MAY ORDER ONE OR MORE OF THE FOLLOWING
CONDITIONS OF RELEASE:
(1) PLACE THE PERSON IN THE CUSTODY OF A DESIGNATED PERSON OR PERSONS
OR ORGANIZATION OR ORGANIZATIONS AGREEING TO SUPERVISE HIM OR HER OR IN
THE CUSTODY OF A PUBLIC OFFICER OR PUBLIC OFFICERS.
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(2) PLACE RESTRICTIONS ON THE TRAVEL, ASSOCIATION, EMPLOYMENT, PLACES
OF VISITATION OR PLACE OF ABODE OF THE PERSON DURING THE PERIOD OF
RELEASE.
(3) PROHIBIT ABSENCE FROM RESIDENCE OR EMPLOYMENT FOR A PERIOD OF
MORE THAN TWO HOURS WITHOUT PRIOR PERMISSION OF THE COURT OR THE
PROBATION DEPARTMENT HAVING JURISDICTION.
(4) REQUIRE CHECK-IN WITH A PROBATION OFFICER OR AT A POLICE PRECINCT
EITHER BY PHONE OR IN PERSON, EITHER PERIODICALLY AS PROVIDED BY THE
JUDICIAL OFFICER OR AT SUCH TIME OR TIMES AS THE JUDICIAL OFFICER MAY
DIRECT.
(5) IMPOSE A NIGHTTIME CURFEW.
(6) REQUIRE THE REPORTING OF A CHANGE IN BUSINESS, FINANCIAL, EMPLOY-
MENT, HEALTH OR MARITAL STATUS, THE DOCKETING OF ANY JUDGMENT OR LIEN OR
THE FILING OF AN ADDITIONAL CRIMINAL CHARGE AGAINST THE PERSON IN ANY
JURISDICTION WHERE THE SAME IS KNOWN TO THE PERSON OR THE REPORTING OF
ANY OTHER MATTER RELEVANT TO ASSURING THE SAFETY OF ANY OTHER PERSON OR
THE COMMUNITY FROM DANGEROUS CRIME.
(7) REQUIRE PARTICIPATION IN A TREATMENT PROGRAM FOR ALCOHOLICS OR
FOR DRUG OR NARCOTIC ADDICTS AND REGULAR CHECK-IN AT A HOSPITAL OR OTHER
TREATMENT FACILITY.
(8) REQUIRE THE POSTING OF BAIL.
(F) IN DETERMINING WHICH CONDITIONS OF RELEASE, IF ANY, WILL REASON-
ABLY ASSURE THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY, THE JUDI-
CIAL OFFICER SHALL, ON THE BASIS OF AVAILABLE INFORMATION, TAKE INTO
ACCOUNT SUCH MATTERS AS THE NATURE AND CIRCUMSTANCES OF THE OFFENSE
CHARGED, THE WEIGHT OF THE EVIDENCE AGAINST THE PERSON BEFORE THE COURT,
HIS OR HER FAMILY TIES, EMPLOYMENT, FINANCIAL RESOURCES, CHARACTER AND
MENTAL CONDITIONS, PAST CONDUCT, PRESENT CRIMINAL PLANS OR INTENTION,
LENGTH OF RESIDENCE IN THE COMMUNITY, RECORD OF CONVICTIONS, RECORD OF
PREVIOUS ADJUDICATION AS A JUVENILE DELINQUENT OR YOUTHFUL OFFENDER AND
ANY RECORD OF APPEARANCE AT COURT PROCEEDINGS, FLIGHT TO AVOID PROSE-
CUTION, OR FAILURE TO APPEAR AT COURT PROCEEDINGS AS WELL AS OTHER RELE-
VANT MATTERS CONCERNING WHICH THE JUDICIAL OFFICER HAS INFORMATION.
(G) A JUDICIAL OFFICER AUTHORIZING THE RELEASE OF A PERSON UNDER THIS
SUBDIVISION SHALL ISSUE AN APPROPRIATE ORDER CONTAINING A STATEMENT OF
THE CONDITIONS IMPOSED, IF ANY, AND SHALL SET FORTH IN WRITING THE
REASON FOR REQUIRING THE CONDITIONS IMPOSED. THE JUDICIAL OFFICER SHALL
INFORM SUCH PERSON OF THE PENALTIES APPLICABLE TO VIOLATIONS OF THE
CONDITIONS OF HIS OR HER RELEASE, SHALL ADVISE HIM OR HER THAT A WARRANT
FOR HIS OR HER ARREST WILL BE ISSUED IMMEDIATELY UPON ANY SUCH
VIOLATIONS, AND SHALL WARN SUCH PERSON OF THE PENALTIES PROVIDED IN THIS
SECTION. THE WORD, "CONDITIONS" IN THIS PARAGRAPH AND IN PARAGRAPHS (H)
AND (I) OF THIS SUBDIVISION MEANS ONE OR MORE CONDITIONS.
(H) A PERSON FOR WHOM CONDITIONS OF RELEASE ARE IMPOSED MAY APPEAL
FROM THE ORDER IMPOSING SUCH CONDITIONS PURSUANT TO SUBDIVISION FIVE OF
THIS SECTION.
(I) A JUDICIAL OFFICER ORDERING THE RELEASE OF A PERSON ON ANY CONDI-
TION SPECIFIED IN THIS SUBDIVISION MAY AT ANY TIME AMEND HIS OR HER
ORDER TO IMPOSE ADDITIONAL OR DIFFERENT CONDITIONS OF RELEASE, EXCEPT
THAT IF AN ORDER IMPOSING CONDITIONS HAS BEEN APPEALED PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION AND AN APPELLATE COURT HAS APPROVED OR
DISAPPROVED ANY CONDITIONS IMPOSED PURSUANT TO THIS SUBDIVISION OR HAS
IMPOSED DIFFERENT OR ADDITIONAL CONDITIONS, THE JUDICIAL OFFICER MAY NOT
THEREAFTER IMPOSE CONDITIONS DIFFERENT FROM THOSE APPROVED OR IMPOSED BY
THE APPELLATE COURT OR IMPOSE CONDITIONS DISAPPROVED BY THE APPELLATE
COURT EXCEPT WHERE THE JUDICIAL OFFICER IS ACTING ON THE BASIS OF NEW
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INFORMATION WHICH WAS NOT CONSIDERED BY THE JUDICIAL OFFICER IN IMPOSING
THE CONDITIONS OF RELEASE WHICH WERE THE SUBJECT OF THE APPEAL. IN SUCH
A CASE, THE ORDER IMPOSING THE ADDITIONAL OR DIFFERENT CONDITIONS MUST
SPECIFY THE NEW INFORMATION ON WHICH THOSE CONDITIONS ARE BASED.
(J) IF THE PERSON IS SUBSEQUENTLY CONVICTED OF THE OFFENSE CHARGED,
HE OR SHE SHALL RECEIVE CREDIT TOWARD SERVICE OF SENTENCE FOR THE TIME
HE OR SHE WAS DETAINED FOR FAILURE TO MEET A CONDITION OR CONDITIONS OF
RELEASE IMPOSED PURSUANT TO THIS SUBDIVISION.
(K) INFORMATION OR TESTIMONY STATED IN, OR OFFERED IN CONNECTION
WITH, ANY ORDER ENTERED PURSUANT TO THIS SUBDIVISION NEED NOT CONFORM TO
THE RULES PERTAINING TO THE ADMISSIBILITY OF EVIDENCE IN A COURT OF LAW.
THE ACCUSED PERSON SHALL HAVE THE OPPORTUNITY TO PRESENT SUCH INFORMA-
TION THROUGH AN ORAL STATEMENT MADE TO THE JUDICIAL OFFICER BY THE
PERSON'S ATTORNEY OR BY THE PERSON HIMSELF OR HERSELF, IF HE OR SHE
APPEARS PRO SE, AND BY PROFFER OF WRITTEN OR OTHER MATTER, WHEN IT IS
RELEVANT, AND THE PROSECUTING ATTORNEY SHALL HAVE THE SAME OPPORTUNITY
TO MAKE AN ORAL STATEMENT AND TO PRESENT WRITTEN OR OTHER MATTER.
NEITHER THE ACCUSED PERSON NOR THE PROSECUTING ATTORNEY SHALL HAVE THE
RIGHT TO PRESENT ORAL TESTIMONY BUT THE JUDICIAL OFFICER MAY, IN HIS OR
HER DISCRETION, REQUIRE THE PRESENTATION OF SUCH TESTIMONY UNDER OATH.
(1) WHERE ONE PARTY IS PERMITTED TO PRESENT SUCH ORAL TESTIMONY, THE
ADVERSARY PARTY SHALL ALSO BE PERMITTED TO PRESENT ORAL TESTIMONY. EACH
PARTY SHALL HAVE THE RIGHT OF CROSS EXAMINATION WHEN THE COURT, IN ITS
DISCRETION, GRANTS THE PARTIES THE OPPORTUNITY TO PRESENT ORAL TESTIMO-
NY.
(2) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT
THE DISPOSITION OF ANY CASE OR CLASS OF CASES BY FORFEITURE OF COLLAT-
ERAL SECURITY WHERE SUCH DISPOSITION IS AUTHORIZED BY THE COURT.
4. DETENTION PRIOR TO TRIAL. (A) SUBJECT TO THE PROVISIONS OF THIS
SECTION, A JUDICIAL OFFICER, BEFORE WHOM AN ACCUSED PERSON APPEARS FOR
THE FIRST TIME ON A CRIMINAL CHARGE IS AUTHORIZED TO ORDER PRETRIAL
DETENTION OF SUCH A PERSON WHEN THE PERSON IS:
(1) A PERSON CHARGED WITH A DANGEROUS CRIME IF:
(I) THE PERSON HAS BEEN CONVICTED OF A DANGEROUS CRIME WITHIN THE TEN
YEAR PERIOD IMMEDIATELY PRECEDING THE PERSON'S FIRST APPEARANCE BEFORE A
JUDICIAL OFFICER IN CONNECTION WITH THE OFFENSE WITH WHICH THE PERSON IS
CURRENTLY CHARGED; OR
(II) THE DANGEROUS CRIME WAS ALLEGEDLY COMMITTED WHILE THE PERSON WAS,
WITH RESPECT TO ANOTHER DANGEROUS CRIME, ON BAIL OR OTHER PRETRIAL
RELEASE OR ON PROBATION OR PAROLE OR MANDATORY RELEASE PENDING
COMPLETION OF A SENTENCE OR AT LARGE AFTER SUCH RELEASE, PROBATION OR
PAROLE WAS REVOKED; OR
(2) A PERSON CHARGED WITH ANY OFFENSE IF SUCH PERSON, FOR THE PURPOSE
OF OBSTRUCTING OR ATTEMPTING TO OBSTRUCT JUSTICE, THREATENS, INJURES,
INTIMIDATES OR ATTEMPTS TO THREATEN, INJURE OR INTIMIDATE ANY WITNESS OR
JUROR OR PROSPECTIVE WITNESS OR JUROR OR EVINCES AN INTENTION BY WORDS
OR DEEDS TO DO ANY OF THE FOREGOING ACTS OR DESTROYS, TAMPERS WITH,
SECRETES OR INTERFERES WITH EVIDENCE IN HIS OR HER CRIMINAL CASE OR
ATTEMPTS TO DESTROY, TAMPER WITH, SECRETE OR INTERFERE WITH SUCH
EVIDENCE OR EVINCES AN INTENTION BY WORDS OR DEEDS TO DO SO.
(B) NO PERSON DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION MAY BE
ORDERED DETAINED UNLESS THE JUDICIAL OFFICER:
(1) HOLDS A PRETRIAL DETENTION HEARING IN ACCORDANCE WITH THE
PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION;
(2) FINDS:
A. 10564 8
(I) THAT THERE IS CLEAR AND CONVINCING EVIDENCE THAT THE PERSON IS A
PERSON DESCRIBED IN SUBPARAGRAPH ONE OR TWO OF PARAGRAPH (A) OF THIS
SUBDIVISION;
(II) THAT IN THE CASE OF A PERSON DESCRIBED IN SUBPARAGRAPH ONE OF
PARAGRAPH (A) OF THIS SUBDIVISION, BASED ON THE FACTORS SET OUT IN PARA-
GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION, THERE IS NO CONDITION OR
COMBINATION OF CONDITIONS OF RELEASE WHICH WILL REASONABLY ASSURE THE
SAFETY OF ANY OTHER PERSON OR THE COMMUNITY FROM DANGEROUS CRIME AND
THAT IF RELEASED ON RECOGNIZANCE OR ON CONDITION OR CONDITIONS, THE
PERSON WOULD COMMIT THE SAME DANGEROUS CRIME FOR WHICH HE OR SHE IS
PRESENT BEFORE THE JUDICIAL OFFICER OR THE SAME DANGEROUS CRIME FOR
WHICH HE OR SHE WAS PREVIOUSLY CONVICTED OR IN CONNECTION WITH WHICH HE
OR SHE WAS ON BAIL, PROBATION, PAROLE OR RELEASE WHEN HE OR SHE ALLEGED-
LY COMMITTED THE OFFENSE WITH WHICH HE OR SHE IS CURRENTLY CHARGED OR,
BASED UPON INFORMATION BEFORE THE JUDICIAL OFFICER, INCLUDING INFORMA-
TION AS TO THE PAST CONDUCT, CHARACTER, MENTAL CONDITIONS, RECORD OF
CONVICTIONS OR PRESENT CRIMINAL PLANS OR INTENTION OF THE PERSON, AMONG
OTHER THINGS, THE PERSON WOULD COMMIT ANOTHER DANGEROUS CRIME;
(III) THAT IN THE CASE OF A PERSON DESCRIBED IN SUBPARAGRAPH TWO OF
PARAGRAPH (A) OF THIS SUBDIVISION, BASED ON THE FACTORS SET OUT IN PARA-
GRAPH (C) OF SUBDIVISION THREE OF THIS SECTION, THERE IS NO CONDITION
OR COMBINATION OF CONDITIONS OF RELEASE WHICH WILL REASONABLY ASSURE
THAT THE PERSON WILL NOT DO AN ACT WITH RESPECT TO A WITNESS, JUROR OR
TRIAL EVIDENCE OF A TYPE DESCRIBED IN SUBPARAGRAPH TWO OF PARAGRAPH (A)
OF THIS SUBDIVISION AND THAT IF RELEASED, THE PERSON WOULD DO AN ACT
WITH RESPECT TO A WITNESS OR JUROR OR TRIAL EVIDENCE OF A TYPE DESCRIBED
IN SUBPARAGRAPH TWO OF PARAGRAPH (A) OF THIS SUBDIVISION;
(IV) THAT, EXCEPT WITH RESPECT TO A PERSON DESCRIBED IN SUBPARAGRAPH
TWO OF PARAGRAPH (A) OF THIS SUBDIVISION, ON THE BASIS OF INFORMATION OR
EVIDENCE PRESENTED BY PROFFER OR OTHERWISE TO THE JUDICIAL OFFICER,
THERE IS A SUBSTANTIAL PROBABILITY THAT THE PERSON COMMITTED THE OFFENSE
FOR WHICH HE OR SHE IS PRESENT BEFORE THE JUDICIAL OFFICER AND, WHERE
THE PERSON IS A PERSON DESCRIBED IN CLAUSE (II) OF SUBPARAGRAPH ONE OF
PARAGRAPH (A) OF THIS SUBDIVISION THAT THERE IS A SUBSTANTIAL PROBABILI-
TY THAT THE PERSON COMMITTED THE OFFENSE ALLEGED IN THE CHARGE FOR WHICH
HE OR SHE WAS ON BAIL, PROBATION, PAROLE OR RELEASE AS DESCRIBED IN
CLAUSE (II) OF SUBPARAGRAPH ONE OF PARAGRAPH (A) OF THIS SUBDIVISION
WHEN HE OR SHE ALLEGEDLY COMMITTED THE OFFENSE FOR WHICH HE OR SHE IS
PRESENT BEFORE THE JUDICIAL OFFICER;
(3) ISSUES AN ORDER OF DETENTION ACCOMPANIED BY WRITTEN FINDINGS OF
FACT AND THE REASONS FOR ITS ENTRY.
(C) THE FOLLOWING PROCEDURES SHALL APPLY TO PRETRIAL DETENTION HEAR-
INGS HELD PURSUANT TO THIS SUBDIVISION:
(1) WHENEVER THE PERSON IS BEFORE A JUDICIAL OFFICER, THE HEARING MAY
BE INITIATED ON ORAL MOTION BY THE PROSECUTING ATTORNEY, AND SHALL NOT
BE HELD IN THE ABSENCE OF A MOTION BY THE PROSECUTING ATTORNEY.
(2) WHENEVER THE PERSON HAS BEEN RELEASED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION AND IT SUBSEQUENTLY APPEARS THAT SUCH PERSON MAY
BE SUBJECT TO PRETRIAL DETENTION, THE PROSECUTING ATTORNEY MAY INITIATE
A PRETRIAL DETENTION HEARING BY EX PARTE WRITTEN MOTION. SUCH A HEARING
MAY NOT BE HELD IN THE ABSENCE OF A MOTION BY THE PROSECUTING ATTORNEY.
UPON SUCH A MOTION, THE JUDICIAL OFFICER MAY ISSUE A WARRANT FOR THE
ARREST OF THE PERSON OR A SUMMONS DIRECTING THE PERSON TO APPEAR IN
COURT AT A PARTICULAR TIME AND PLACE.
(3) THE PRETRIAL DETENTION HEARING SHALL NOT BE HELD UNLESS IT AFFIR-
MATIVELY APPEARS FROM ALLEGATIONS MADE BY THE PROSECUTING ATTORNEY OR
A. 10564 9
FROM INFORMATION WITHIN THE KNOWLEDGE OF THE JUDICIAL OFFICER REFERRED
TO IN SUBPARAGRAPH TWO OF THIS PARAGRAPH THAT THE PERSON COMES WITHIN
ONE OF THE DETENTION CATEGORIES DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION. WHERE A PRETRIAL DETENTION HEARING IS AUTHORIZED UNDER THE
PROVISIONS OF THIS SUBDIVISION, THE JUDICIAL OFFICER MAY ORDER IT HELD.
IF THE JUDICIAL OFFICER ORDERS IT HELD, IT SHALL BE HELD IMMEDIATELY
UPON THE PERSON BEING BROUGHT BEFORE THE JUDICIAL OFFICER FOR THE FIRST
TIME IN CONNECTION WITH THE OFFENSE WITH WHICH THE PERSON IS CHARGED
UNLESS:
(I) THE COURT RULES THAT IT SHALL BE HELD AT A SUBSEQUENT TIME OR
POSTPONES A DECISION AS TO WHETHER IT SHOULD BE HELD, WHICH DECISION
SHALL NOT BE POSTPONED FOR A PERIOD OF MORE THAN THREE DAYS AND WHICH
HEARING SHALL NOT BE ORDERED TO TAKE PLACE ON A DATE MORE THAN THREE
DAYS AFTER THE TIME OF THE PERSON'S FIRST APPEARANCE BEFORE THE JUDICIAL
OFFICER EXCEPT AS HEREINAFTER PROVIDED WITH RESPECT TO THE GRANTING OF A
CONTINUANCE TO THE PERSON IN EXTENUATING CIRCUMSTANCES; OR
(II) THE PERSON OR THE PROSECUTING ATTORNEY MOVES FOR A CONTINUANCE
WHICH IS GRANTED BY THE JUDICIAL OFFICER. A CONTINUANCE GRANTED ON
MOTION OF THE PERSON SHALL NOT EXCEED FIVE CALENDAR DAYS UNLESS THERE
ARE EXTENUATING CIRCUMSTANCES. A CONTINUANCE ON MOTION OF THE PROSECUT-
ING ATTORNEY SHALL BE GRANTED UPON GOOD CAUSE SHOWN AND SHALL NOT EXCEED
THREE CALENDAR DAYS. THE PERSON MAY BE DETAINED PENDING THE HEARING
EXCEPT THAT THE PERSON MUST BE RELEASED UNDER THE PROVISIONS OF SUBDIVI-
SION THREE OF THIS SECTION IF THE JUDICIAL OFFICER BEFORE WHOM THE
MATTER IS PENDING FINDS THAT SOME FORM OF RELEASE WILL NOT ENDANGER THE
SAFETY OF ANY OTHER PERSON OR THE COMMUNITY DURING THE PERIOD OF THE
CONTINUANCE, POSTPONEMENT OR DELAY.
(4) WHENEVER THE PERSON IS CHARGED WITH A DANGEROUS CRIME WITHIN THE
DEFINITION OF THIS SECTION IN A CITY COURT, TOWN COURT OR VILLAGE COURT:
(I) IF THE CRIME THE PERSON IS CHARGED WITH IS A CLASS A FELONY OR IT
APPEARS THAT THE PERSON HAS TWO PREVIOUS FELONY CONVICTIONS, A CITY
COURT, TOWN COURT OR VILLAGE COURT MAY NOT ENTERTAIN AN APPLICATION FROM
THE PROSECUTING ATTORNEY TO ORDER A PRETRIAL DETENTION HEARING FOR SUCH
PERSON OR TO DETAIN SUCH PERSON PURSUANT TO THIS SUBDIVISION. IN SUCH
CIRCUMSTANCES, THE PROSECUTING ATTORNEY MAY APPLY ORALLY AND EX PARTE TO
A JUDGE OF A SUPERIOR COURT HOLDING A TERM THEREOF IN THE COUNTY FOR AN
ORDER DIRECTING THAT SUCH A DETENTION HEARING BE HELD AND IF SUCH A
HEARING IS ORDERED BY A JUDGE OF THE SUPERIOR COURT, IT SHALL BE HELD IN
SUPERIOR COURT. WHENEVER THE PROSECUTING ATTORNEY MAKES APPLICATION TO A
CITY COURT, A TOWN COURT OR A VILLAGE COURT FOR A DETENTION HEARING OR
FOR DETENTION OF A PERSON UNDER THIS SECTION AND SUCH COURT IS BARRED
UNDER THIS SUBDIVISION FROM ENTERTAINING THE APPLICATION, THE CITY
COURT, TOWN COURT OR VILLAGE COURT SHALL TRANSFER THE APPLICATION TO THE
SUPERIOR COURT OF THE COUNTY AND IT SHALL BE ENTERTAINED BY THE SUPERIOR
COURT. IF THE APPLICATION IS GRANTED IN SUPERIOR COURT, THE DETENTION
HEARING SHALL BE HELD IN SUPERIOR COURT.
(II) WHEN THE PROSECUTING ATTORNEY INTENDS TO MAKE SUCH AN APPLICA-
TION TO A JUDGE OF THE SUPERIOR COURT, HE MAY APPLY ORALLY AND EX PARTE
TO THE CITY COURT, TOWN COURT OR VILLAGE COURT TO TRANSFER CUSTODY OF
THE PERSON TO THE SUPERIOR COURT AND THE CITY COURT, TOWN COURT OR
VILLAGE COURT SHALL THEN ORDER THE TRANSFER OF THE CUSTODY OF THE PERSON
TO THE SUPERIOR COURT FORTHWITH. INSTEAD OF APPLYING TO THE CITY COURT,
TOWN COURT OR VILLAGE COURT TO ORDER SUCH TRANSFER OF CUSTODY TO THE
SUPERIOR COURT, THE PROSECUTING ATTORNEY MAY MAKE AN EX PARTE ORAL
APPLICATION TO A JUDGE OF THE SUPERIOR COURT HOLDING A TERM THEREOF IN
THE COUNTY FOR AN ORDER TRANSFERRING CUSTODY OF THE PERSON TO THE SUPE-
A. 10564 10
RIOR COURT. THE ORAL APPLICATION SHALL STATE THE FACTS WHICH MAKE THE
RELIEF SOUGHT APPROPRIATE AND EITHER SHALL ALLEGE THAT THE PROSECUTING
ATTORNEY INTENDS TO APPLY FOR A DETENTION HEARING AS SOON AS CUSTODY IS
TRANSFERRED TO SUPERIOR COURT OR SHALL REQUEST THAT THE ORDER TRANS-
FERRING CUSTODY SHALL ALSO ORDER THE HOLDING OF A DETENTION HEARING.
(III) WHEN SUCH APPLICATION HAS BEEN MADE BY THE PROSECUTING ATTORNEY
TO A SUPERIOR COURT JUDGE OR WHEN THE PROSECUTING ATTORNEY HAS REPRES-
ENTED TO THE CITY COURT OR TOWN COURT OR VILLAGE COURT HIS OR HER INTEN-
TION TO MAKE SUCH AN APPLICATION, THE CITY COURT OR TOWN COURT OR
VILLAGE COURT SHALL, UPON EX PARTE ORAL APPLICATION OF THE PROSECUTING
ATTORNEY, ORDER THE PERSON COMMITTED TO THE CUSTODY OF THE SHERIFF OR
OTHER APPROPRIATE OFFICIAL FOR TWENTY-FOUR HOURS TO GIVE THE PROSECUTING
ATTORNEY SUFFICIENT TIME IN WHICH TO MAKE SUCH AN APPLICATION TO A SUPE-
RIOR COURT JUDGE. THE SUPERIOR COURT JUDGE MAY POSTPONE THE DETENTION
HEARING OR A DECISION AS TO WHETHER OR NOT A DETENTION HEARING SHOULD BE
HELD IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH THREE OF THIS
PARAGRAPH AND MAY ORDER THE PERSON DETAINED OR RELEASED ON CONDITION
PENDING THE HEARING OR DECISION ON THE PROSECUTING ATTORNEY'S MOTION
REQUESTING THE HEARING IN ACCORDANCE WITH THE PROVISIONS OF SUBPARAGRAPH
THREE OF THIS PARAGRAPH.
(5) THE PERSON SHALL BE ENTITLED TO REPRESENTATION BY COUNSEL AND
SHALL BE ENTITLED TO PRESENT INFORMATION OR EVIDENCE BY PROFFER OR
OTHERWISE, TO TESTIFY, TO PRESENT WITNESSES IN HIS OR HER OWN BEHALF AND
CROSS EXAMINE WITNESSES PRESENTED AGAINST HIM OR HER. THE PROSECUTING
ATTORNEY SHALL APPEAR EITHER IN PERSON OR BY AN ASSISTANT PROSECUTING
ATTORNEY AT THE PRETRIAL DETENTION HEARING AND SHALL HAVE RIGHTS EQUIV-
ALENT TO THOSE ACCORDED THE ACCUSED PERSON IN THIS PARAGRAPH. WHEN THE
PROSECUTING ATTORNEY SEEKS TO PROVE THAT THE PERSON PREVIOUSLY HAS BEEN
CONVICTED OF A DANGEROUS CRIME, THE PROSECUTING ATTORNEY MAY USE A COURT
FINDING TO THAT EFFECT MADE AGAINST THE PERSON IN A PROCEEDING CONDUCTED
UNDER SECTION 400.15 OF THIS CHAPTER TO DETERMINE WHETHER THE PERSON WAS
A VIOLENT FELONY OFFENDER OR UNDER SECTION 400.16 OF THIS CHAPTER TO
DETERMINE WHETHER THE PERSON WAS A PERSISTENT VIOLENT FELONY OFFENDER OR
UNDER SECTION 400.21 OF THIS CHAPTER TO DETERMINE WHETHER THE PERSON WAS
A SECOND FELONY OFFENDER.
(6) INFORMATION STATED IN, OR INFORMATION OR EVIDENCE IN CONNECTION
WITH, ANY ORDER ENTERED PURSUANT TO THIS SUBDIVISION NEED NOT CONFORM TO
THE RULES PERTAINING TO THE ADMISSIBILITY OF EVIDENCE IN THE COURT OF
LAW.
(7) TESTIMONY OF THE PERSON GIVEN DURING THE HEARING SHALL NOT BE
ADMISSIBLE ON THE ISSUE OF GUILT IN ANY OTHER JUDICIAL PROCEEDING, BUT
SUCH TESTIMONY SHALL BE ADMISSIBLE IN PROCEEDINGS UNDER SUBDIVISIONS
SEVEN AND EIGHT OF THIS SECTION AND IN PERJURY PROCEEDINGS.
(8) THE PROSECUTING ATTORNEY HAS THE BURDEN OF PROOF UPON ALL THE
ISSUES IN THE DETENTION PROCEEDING.
(I) IF, AT THE CONCLUSION OF THE HEARING, THE PROSECUTING ATTORNEY HAS
MADE OUT A CASE FOR DETENTION AND THE JUDICIAL OFFICER DETERMINES THAT
NO CONDITION OR COMBINATION OF CONDITIONS OF RELEASE WILL REASONABLY
ASSURE THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY FROM DANGEROUS
CRIME, THE JUDICIAL OFFICER MAY EITHER:
(A) DETAIN THE PERSON UNDER AN ORDER OF TOTAL DETENTION; OR
(B) ORDER PARTIAL DETENTION BY PROVIDING THAT THE PERSON SHALL RETURN
TO DETENTION AFTER A SPECIFIED RELEASE PERIOD OR PERIODS OF HOURS, DAYS,
OR WEEKS OR ANY COMBINATION THEREOF, WITH THE PERSON EITHER BEING
RELEASED WITHOUT SUPERVISION OR CUSTODIAL CONTROL OR PLACED UNDER THE
SUPERVISION OF SOME DESIGNATED ORGANIZATION OR ORGANIZATIONS, PRIVATE
A. 10564 11
INDIVIDUAL OR INDIVIDUALS OR PUBLIC OFFICER OR OFFICERS DURING THE TIME
WHEN THE PERSON IS NOT IN DETENTION OR DURING A PORTION OF SUCH TIME.
THE RELEASE MAY BE ORDERED FOR EMPLOYMENT OR FAMILIAL OR OTHER LIMITED
PURPOSE OR TO ENABLE THE PERSON TO PREPARE HIS OR HER DEFENSE.
(II) THE JUDICIAL OFFICER SHALL CHOOSE THE FORM OF DETENTION APPROPRI-
ATE TO THE SITUATION BUT HE OR SHE SHALL NOT DETERMINE THE FORM OF
DETENTION UNTIL THE PROSECUTING ATTORNEY HAS HAD AN OPPORTUNITY TO BE
HEARD IN THE MATTER AND THE JUDICIAL OFFICER HAS BEEN FURNISHED WITH A
REPORT BY THE DIVISION OF CRIMINAL JUSTICE SERVICES CONCERNING THE
PERSON'S CRIMINAL RECORD, IF ANY, OR WITH A POLICE DEPARTMENT REPORT
WITH RESPECT TO THE PERSON'S PRIOR ARREST RECORD, IF ANY.
(III) AT THE CONCLUSION OF THE HEARING, IF THE PROSECUTING ATTORNEY
HAS NOT MADE OUT A CASE FOR DETENTION OF THE PERSON, THE JUDICIAL OFFI-
CER MAY NOT DETAIN THE PERSON AND SHALL TREAT HIM OR HER IN ACCORDANCE
WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION.
(9) APPEALS FROM ORDERS OF DETENTION MAY BE TAKEN PURSUANT TO SUBDI-
VISION FIVE OF THIS SECTION.
(D) THE FOLLOWING SHALL BE APPLICABLE TO PERSONS DETAINED PURSUANT TO
THIS SUBDIVISION:
(1) THE CASE OF SUCH PERSON SHALL BE PLACED ON AN EXPEDITED CALENDAR
AND, CONSISTENT WITH THE SOUND ADMINISTRATION OF JUSTICE, HIS OR HER
TRIAL SHALL BE GIVEN PRIORITY.
(2) SUCH PERSON SHALL BE TREATED IN ACCORDANCE WITH SUBDIVISION THREE
OF THIS SECTION IN THE FOLLOWING SITUATIONS:
(I) UPON THE EXPIRATION OF SIXTY CALENDAR DAYS, UNLESS THE TRIAL IS
IN PROGRESS OR THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE PERSON
OTHER THAN BY THE FILING OF TIMELY MOTIONS EXCLUDING MOTIONS FOR CONTIN-
UANCES; OR
(II) WHENEVER A JUDICIAL OFFICER FINDS THAT A SUBSEQUENT EVENT HAS
ELIMINATED THE BASIS FOR SUCH DETENTION.
(3) THE PERSON SHALL BE DEEMED DETAINED PURSUANT TO SUBDIVISION SIX
OF THIS SECTION IF HE OR SHE IS CONVICTED.
(4) IF THE PERSON IS SUBSEQUENTLY CONVICTED OF THE OFFENSE CHARGED,
HE OR SHE SHALL RECEIVE CREDIT TOWARD SERVICE OF SENTENCE FOR THE TIME
HE OR SHE WAS DETAINED PURSUANT TO THIS SUBDIVISION.
5. APPEAL FROM A DETENTION ORDER OR FROM CONDITIONS OF RELEASE. IN
ANY CASE WHERE A CONDITION OR CONDITIONS OF RELEASE IS OR ARE IMPOSED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION OR WHERE A PERSON IS
DETAINED FOR FAILURE TO MEET A CONDITION OR CONDITIONS OF RELEASE
IMPOSED PURSUANT TO SUBDIVISION THREE OF THIS SECTION OR PURSUANT TO AN
ORDER OF A JUDICIAL OFFICER ISSUED AFTER A HEARING AS PROVIDED IN SUBDI-
VISION FOUR OF THIS SECTION, AN APPEAL MAY BE TAKEN TO THE COURT HAVING
APPELLATE JURISDICTION OVER SUCH JUDICIAL OFFICER. ANY ORDER SO APPEALED
SHALL BE AFFIRMED IF IT IS SUPPORTED BY THE PROCEEDINGS BELOW. IF THE
ORDER IS NOT SO SUPPORTED, (A) THE COURT MAY REMAND THE CASE FOR A
FURTHER HEARING, OR (B) MAY, WITH OR WITHOUT ADDITIONAL EVIDENCE, ORDER
THE PERSON RELEASED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF
THIS SECTION, CHANGING THE TERMS OR CONDITIONS OF RELEASE, IF ANY, IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION. THE
APPEAL SHALL BE PLACED ON AN EXPEDITED CALENDAR, GIVEN PRIORITY AND
DETERMINED PROMPTLY.
6. RELEASE AFTER CONVICTION. (A) A PERSON WHO HAS BEEN CONVICTED OF
A DANGEROUS CRIME WHICH IS A CLASS A FELONY, EXCEPT A PERSON WHO IS A
JUVENILE OFFENDER IN AN ACTION WHICH HAS BEEN REMOVED TO THE FAMILY
COURT AFTER VERDICT, MUST BE DETAINED AND COMMITTED OR REMANDED TO THE
CUSTODY OF THE SHERIFF OR APPROPRIATE OFFICIAL. A PERSON CONVICTED OF A
A. 10564 12
DANGEROUS CRIME WHICH IS NOT A CLASS A FELONY AND AWAITING SENTENCE,
EXCEPT A PERSON WHO IS A JUVENILE OFFENDER IN AN ACTION WHICH HAS BEEN
REMOVED TO THE FAMILY COURT AFTER VERDICT, MAY BE LIKEWISE DETAINED
UNLESS THE JUDICIAL OFFICER FINDS BY CLEAR AND CONVINCING EVIDENCE THAT
HE IS NOT LIKELY TO POSE A DANGER TO ANY OTHER PERSON OR TO THE PROPERTY
OF ANOTHER PERSON. UPON SUCH FINDING, THE JUDICIAL OFFICER SHALL TREAT
THE PERSON IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF
THIS SECTION.
(B) A PERSON WHO HAS BEEN CONVICTED OF A DANGEROUS CRIME OTHER THAN A
CLASS A FELONY, OR FOUND TO BE A YOUTHFUL OFFENDER FOR HAVING COMMITTED
SUCH A CRIME, AND SENTENCED TO A TERM OF CONFINEMENT OR IMPRISONMENT AND
HAS FILED AN APPEAL MAY BE DETAINED UNLESS THE JUDICIAL OFFICER FINDS BY
CLEAR AND CONVINCING EVIDENCE THAT (1) THE PERSON IS NOT LIKELY TO POSE
A DANGER TO ANY OTHER PERSON OR TO THE PROPERTY OF ANOTHER PERSON, AND
(2) THE APPEAL RAISES A SUBSTANTIAL QUESTION OF LAW OR FACT LIKELY TO
RESULT IN A REVERSAL OR AN ORDER FOR A NEW TRIAL. UPON SUCH FINDINGS,
THE JUDICIAL OFFICER SHALL TREAT THE PERSON IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION. FOR THE PURPOSES OF
THIS SUBDIVISION, THE TERM "APPEAL" MEANS AN APPEAL FROM A JUDGMENT OF
CONVICTION OR SENTENCE OR FROM AN ORDER OF AN INTERMEDIATE APPELLATE
AFFIRMING OR MODIFYING A JUDGMENT OF CONVICTION OR A SENTENCE.
(C) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO EXTINGUISH OR
LIMIT THE PROVISIONS OF EXISTING LAW PROHIBITING THE RELEASE OF A PERSON
ACCUSED, CONVICTED OR SENTENCED ON A CRIMINAL CHARGE.
(D) IN DETERMINING WHETHER TO RELEASE A PERSON CONVICTED OF A DANGER-
OUS CRIME PENDING SENTENCING OR APPEAL, THE JUDICIAL OFFICER MAY APPLY
EITHER THIS SUBDIVISION OR SECTIONS 530.45 AND 530.50 OF THIS ARTICLE.
7. PENALTIES FOR OFFENSES COMMITTED DURING RELEASE. (A) ANY PERSON
CONVICTED OF AN OFFENSE COMMITTED WHILE RELEASED PENDING TRIAL, SENTENCE
OR APPEAL PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE FOLLOWING
PENALTIES IN ADDITION TO ANY OTHER APPLICABLE PENALTIES:
(1) A TERM OF IMPRISONMENT OF NOT LESS THAN ONE YEAR AND NOT MORE
THAN FIVE YEARS IF CONVICTED OF COMMITTING A FELONY WHILE SO RELEASED;
AND
(2) A TERM OF IMPRISONMENT OF NOT LESS THAN NINETY DAYS AND NOT MORE
THAN ONE YEAR IF CONVICTED OF COMMITTING A MISDEMEANOR WHILE SO
RELEASED.
(B) THE GIVING OF A WARNING TO THE PERSON WHEN RELEASED OF THE PENAL-
TIES IMPOSED BY THIS SUBDIVISION SHALL NOT BE A PREREQUISITE TO THE
APPLICATION OF THIS SUBDIVISION.
(C) ANY TERM OF IMPRISONMENT IMPOSED PURSUANT TO THIS SUBDIVISION
SHALL BE CONSECUTIVE TO ANY OTHER SENTENCE OF IMPRISONMENT.
8. PENALTIES FOR VIOLATION OF CONDITIONS OF RELEASE. (A) A PERSON WHO
HAS BEEN CONDITIONALLY RELEASED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION AND WHO HAS VIOLATED A CONDITION OF RELEASE SHALL BE SUBJECT TO
REVOCATION OF RELEASE, ON ORDER OF DETENTION AND PROSECUTION FOR
CONTEMPT OF COURT.
(B) PROCEEDINGS FOR REVOCATION OF RELEASE MAY BE INITIATED ON MOTION
OF THE PROSECUTING ATTORNEY. THE PROVISIONS OF PARAGRAPHS (C) AND (D) OF
SUBDIVISION FOUR OF THIS SECTION SHALL APPLY TO THIS SUBDIVISION. A
WARRANT FOR THE ARREST OF A PERSON CHARGED WITH VIOLATING A CONDITION OF
RELEASE MAY BE ISSUED BY A JUDICIAL OFFICER OF THE COURT IN WHICH THE
RELEASE WAS ORDERED. A PROCEEDING FOR REVOCATION AND DETENTION MAY BE
INITIATED BY THE PROSECUTING ATTORNEY BEFORE ANY JUDICIAL OFFICER OF THE
COURT IN WHICH RELEASE WAS ORDERED. NO ORDER OF REVOCATION AND DETENTION
A. 10564 13
SHALL BE ENTERED UNLESS, AFTER A HEARING, THE JUDICIAL OFFICER FINDS
THAT:
(1) THERE IS CLEAR AND CONVINCING EVIDENCE THAT SUCH PERSON HAS
VIOLATED A CONDITION OF HIS RELEASE; AND
(2) BASED ON THE FACTORS SET OUT IN PARAGRAPH (C) OF SUBDIVISION THREE
OF THIS SECTION, THERE IS NO CONDITION OR COMBINATION OF CONDITIONS OF
RELEASE WHICH WILL REASONABLY ASSURE THAT SUCH PERSON WILL NOT POSE A
DANGER TO ANY OTHER PERSON OR THE COMMUNITY.
(C) CONTEMPT SANCTIONS MAY BE IMPOSED IF, UPON A HEARING AND IN
ACCORDANCE WITH PRINCIPLES APPLICABLE TO PROCEEDINGS FOR CRIMINAL
CONTEMPT, IT IS ESTABLISHED THAT SUCH PERSON HAS INTENTIONALLY VIOLATED
A CONDITION OF HIS RELEASE. SUCH CONTEMPT PROCEEDINGS SHALL BE EXPEDITED
AND HEARD BY THE COURT WITHOUT A JURY. ANY PERSON FOUND GUILTY OF CRIMI-
NAL CONTEMPT FOR VIOLATION OF A CONDITION OF RELEASE SHALL BE IMPRISONED
FOR NOT MORE THAN SIX MONTHS, OR FINED NOT MORE THAN ONE THOUSAND
DOLLARS, OR BOTH.
9. NOTHING IN THIS SECTION SHALL INTERFERE WITH OR PREVENT THE EXER-
CISE BY ANY COURT OF ITS POWER TO PUNISH FOR CONTEMPT.
10. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT THE JUDICIAL
POWER UNDER EXISTING LAW TO DENY BAIL OR DENY RELEASE ON RECOGNIZANCE OR
TO ORDER AND FIX BAIL TO ASSURE THE APPEARANCE OF A DEFENDANT ACCUSED OF
A CRIME AT JUDICIAL PROCEEDINGS RELATED TO THAT CRIME OR TO ORDER SUCH
DEFENDANT RELEASED ON RECOGNIZANCE WHEN BAIL IS JUDGED UNNECESSARY TO
ASSURE HIS OR HER APPEARANCE.
11. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, AND EVEN AFTER
RELEASE ON CONDITION OR DETENTION HAS BEEN ORDERED HEREUNDER, THE JUDI-
CIAL OFFICER MAY ELECT TO APPLY EXISTING LAW, INCLUDING ITS PROVISIONS
CONCERNING BAIL AND RECOGNIZANCE, INSTEAD OF THE PROVISIONS OF THIS
SECTION.
12. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT OR INTERFERE WITH
THE POWER OF A COURT OR JUDGE TO GRANT HABEAS CORPUS RELIEF.
13. NOTHING IN THIS SECTION SHALL BE DEEMED TO EXTINGUISH OR LIMIT THE
PROVISIONS OF EXISTING LAW PROHIBITING THE RELEASE OF A PERSON ACCUSED,
CONVICTED OR SENTENCED ON A CRIMINAL CHARGE.
S 6. Section 510.10 of the criminal procedure law, as amended by chap-
ter 459 of the laws of 1984, is amended to read as follows:
S 510.10 Securing order; when required.
[When] EXCEPT AS PROVIDED IN SECTION 530.15 OF THIS TITLE, WHEN a
principal, whose future court attendance at a criminal action or
proceeding is or may be required, initially comes under the control of a
court, such court must, by a securing order, either release him on his
own recognizance, fix bail or commit him to the custody of the sheriff.
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 he 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 committed 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.
S 7. Section 510.20 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
3. A DEFENDANT CHARGED WITH A DANGEROUS CRIME WITHIN THE DEFINITION OF
SECTION 530.15 OF THIS TITLE OR CONDITIONALLY RELEASED OR DETAINED UNDER
SUCH SECTION SHALL HAVE THE SAME RIGHTS TO APPLY FOR RELEASE ON RECOGNI-
ZANCE OR ON BAIL AND TO BE HEARD ON SUCH APPLICATION AS ARE GRANTED IN
SUBDIVISIONS ONE AND TWO OF THIS SECTION. HOWEVER, THE COURT TO WHOM THE
A. 10564 14
APPLICATION IS ADDRESSED SHALL, BEFORE DECIDING THE APPLICATION, ASCER-
TAIN WHAT ACTION HAS BEEN TAKEN OR ORDER ISSUED WITH RESPECT TO THE
DEFENDANT UNDER SECTION 530.15 OF THIS TITLE, IF ANY, WHETHER AN APPEAL
HAS BEEN TAKEN FROM SUCH AN ORDER, WHETHER IT HAS BEEN DENIED, OR WHETH-
ER ANY MOTION OR APPLICATION HAS BEEN MADE TO VACATE OR MODIFY SUCH AN
ORDER OR TO RELIEVE THE DEFENDANT PARTIALLY OR COMPLETELY FROM ITS
TERMS.
S 8. Section 510.30 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IN THE CASE OF A
DEFENDANT WITH RESPECT TO WHOM THE PROVISIONS OF SECTION 530.15 OF THIS
TITLE HAVE BEEN INVOKED.
S 9. Subdivision 1 of section 510.40 of the criminal procedure law is
amended to read as follows:
1. [An] EXCEPT WHEN SECTION 530.15 OF THIS TITLE IS INVOKED, AN appli-
cation for recognizance or bail must be determined by a securing order
which either:
(a) Grants the application and releases the principal on his own
recognizance; or
(b) Grants the application and fixes bail; or
(c) Denies the application and commits the principal to, or retains
him in, the custody of the sheriff.
S 10. Section 530.10 of the criminal procedure law is REPEALED and a
new section 530.10 is added to read as follows:
S 530.10 ORDER OF RECOGNIZANCE OR BAIL; IN GENERAL.
1. A COURT IS AUTHORIZED, IN THE EXERCISE OF ITS DISCRETION, TO INVOKE
SECTION 530.15 OF THIS ARTICLE, IN CIRCUMSTANCES IN WHICH SUCH SECTION
PERMITS ITS REMEDIES TO BE INVOKED, DURING THE PENDENCY OF EITHER:
(A) A CRIMINAL ACTION; OR
(B) 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.
2. WHETHER OR NOT THE CIRCUMSTANCES ARE SUCH THAT SECTION 530.15 OF
THIS ARTICLE IS AUTHORIZED TO BE INVOKED UNDER THE PROVISIONS OF SUBDI-
VISION ONE OF THIS SECTION, A COURT, UNDER CIRCUMSTANCES PRESCRIBED IN
THIS ARTICLE, AND UPON APPLICATION OF A DEFENDANT CHARGED WITH OR
CONVICTED OF ANY OFFENSE, IS AUTHORIZED OR REQUIRED TO ORDER BAIL OR
RECOGNIZANCE FOR THE RELEASE OR PROSPECTIVE RELEASE OF SUCH DEFENDANT
DURING THE PENDENCY OF EITHER:
(A) A CRIMINAL ACTION BASED ON SUCH CHARGE; OR
(B) AN APPEAL TAKEN BY THE DEFENDANT FROM A JUDGMENT OF CONVICTION OR
SENTENCE OR FROM AN ORDER OF AN INTERMEDIATE APPELLATE COURT AFFIRMING
OR MODIFYING A JUDGMENT OF CONVICTION OR A SENTENCE.
3. THE REMEDIES PROVIDED IN SUBDIVISION TWO OF THIS SECTION CONSTITUTE
AN ALTERNATIVE TO THE REMEDIES ESTABLISHED IN SUBDIVISION ONE IN THOSE
CIRCUMSTANCES IN WHICH BOTH ARE AVAILABLE AND, IN SUCH CIRCUMSTANCES, A
COURT, IN THE EXERCISE OF ITS DISCRETION, MAY DECIDE IN EACH PARTICULAR
CASE WHETHER THE PROVISIONS OF SUBDIVISION ONE OR SUBDIVISION TWO SHALL
BE INVOKED.
S 11. The opening paragraph of section 530.20 of the criminal proce-
dure law, as amended by chapter 531 of the laws of 1975, is amended to
read as follows:
When a criminal action is pending in a local criminal court, such
court, EXCEPT A CITY COURT, TOWN COURT OR VILLAGE COURT, MAY, IN THE
EXERCISE OF ITS DISCRETION, INVOKE SECTION 530.15 OF THIS ARTICLE IN
THOSE CIRCUMSTANCES IN WHICH SUCH SECTION PERMITS ITS REMEDIES TO BE
A. 10564 15
INVOKED. IF SUCH SECTION IS NOT INVOKED, upon application of a defend-
ant, SUCH COURT must or may order recognizance or bail as follows:
S 12. Subdivision 1 of section 530.30 of the criminal procedure law is
REPEALED and a new subdivision 1 is added to read as follows:
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:
(A) MAY, UPON APPLICATION OF A DEFENDANT, ORDER RECOGNIZANCE OR BAIL
WHEN SUCH LOCAL CRIMINAL COURT LACKS AUTHORITY TO ISSUE SUCH AN ORDER,
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION 530.20 OF THIS
ARTICLE; OR
(B) MAY, EXCEPT WHEN SECTION 530.15 OF THIS ARTICLE HAS BEEN INVOKED
BY THE LOCAL CRIMINAL COURT, ORDER RECOGNIZANCE OR BAIL UPON APPLICATION
OF A DEFENDANT WHEN SUCH LOCAL CRIMINAL COURT:
(I) HAS DENIED AN APPLICATION FOR RECOGNIZANCE OR BAIL; OR
(II) HAS FIXED BAIL WHICH IS EXCESSIVE. IN SUCH CASE, SUCH SUPERIOR
COURT JUDGE MAY VACATE THE ORDER OF SUCH LOCAL CRIMINAL COURT AND
RELEASE THE DEFENDANT ON HIS OWN RECOGNIZANCE OR FIX BAIL IN A LESSER
AMOUNT OR IN A LESS BURDENSOME FORM.
(C) MAY, INSTEAD OF ACTING UNDER PARAGRAPH (A) OR (B) OF THIS SUBDI-
VISION, INVOKE SECTION 530.15 OF THIS ARTICLE IN THE EXERCISE OF
DISCRETION IN THOSE CIRCUMSTANCES IN WHICH SECTION 530.15 OF THIS ARTI-
CLE PERMITS ITS REMEDIES TO BE INVOKED WHEN THE LOCAL CRIMINAL COURT HAS
NOT INVOKED SECTION 530.15 OF THIS ARTICLE AND WHEN THE LOCAL CRIMINAL
COURT:
(I) LACKS AUTHORITY TO ISSUE AN ORDER FOR RECOGNIZANCE OR BAIL,
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION 530.20 OF THIS
ARTICLE; OR
(II) HAS DENIED AN APPLICATION FOR RECOGNIZANCE OR BAIL; OR
(III) HAS FIXED BAIL WHICH IS EXCESSIVE.
S 13. Subdivision 3 of section 530.30 of the criminal procedure law is
amended to read as follows:
3. Not more than one application may be made BY A DEFENDANT pursuant
to this section.
S 14. The opening paragraph of section 530.40 of the criminal proce-
dure law is amended to read as follows:
When a criminal action is pending in a superior court, such court MAY,
IN THE EXERCISE OF ITS DISCRETION, INVOKE SECTION 530.15 OF THIS ARTICLE
IN THOSE CIRCUMSTANCES IN WHICH SUCH SECTION PERMITS ITS REMEDIES TO BE
INVOKED. IF SECTION 530.15 OF THIS ARTICLE IS NOT INVOKED, SUCH COURT,
upon application of a defendant, must or may order recognizance or bail
as follows:
S 15. Subdivision 1 of section 530.45 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
1. [When] EXCEPT WHEN SECTION 530.15 OF THIS ARTICLE IS INVOKED, AND
PROVIDES TO THE CONTRARY, WHEN the defendant is at liberty in the course
of a criminal action as a result of a prior order of recognizance or
bail and the court revokes such order and then either 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, a judge designated in subdivision two, 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 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 eigh-
A. 10564 16
teen years of age, and before sentencing, may issue a securing order and
either release defendant on his own recognizance, or fix bail, or fix
bail in a lesser amount or in a less burdensome form than fixed by the
court in which the conviction was entered.
S 16. Section 530.50 of the criminal procedure law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
S 530.50 Order of recognizance or bail; during pendency of appeal.
[A] EXCEPT WHEN SECTION 530.15 OF THIS ARTICLE IS INVOKED, AND
PROVIDES TO THE CONTRARY, A judge who is otherwise authorized pursuant
to section 460.50 or section 460.60 to issue an order of recognizance or
bail 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 committed by a person eighteen
years of age or older against a person less than eighteen years of age.
S 17. Subdivision 1 of section 530.60 of the criminal procedure law,
as designated by chapter 788 of the laws of 1981, is amended to read as
follows:
1. [Whenever] EXCEPT WHEN SECTION 530.15 OF THIS ARTICLE HAS BEEN
INVOKED AND PROVIDES TO THE CONTRARY, WHENEVER in the course of a crimi-
nal action or proceeding a defendant is at liberty as a result of an
order of recognizance or bail issued pursuant to this article, and the
court considers it necessary to review such order, it may, and 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 bail. If the defendant is entitled
to recognizance or bail as a matter of right, the court must issue
another such order. If he is not, the court may either issue such an
order or commit the defendant to the custody of the sheriff.
S 18. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.