S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3875

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. WALKER, CROUCH, SALADINO, KOLB -- Multi-Sponsored
  by  --  M. of A.  BURLING, CALHOUN, GIGLIO, McDONOUGH -- read once and
  referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to permitting  a
  judicial officer on application of a prosecuting attorney to deny bail
  or  pretrial release to certain persons accused of dangerous crimes or
  to release such persons on condition in certain  circumstances  or  to
  deny  bail  or  pretrial  release  to  persons accused of a crime when
  necessary to protect trial witnesses, jurors or evidence or to  detain
  or  release  or  release on condition persons convicted of a dangerous
  crime who are awaiting sentence or  the  decision  on  an  appeal  and
  repealing certain provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Declaration of policy. The originating purpose and overrid-
ing objective of government is  the  creation  of  those  conditions  of
public  order  in  which  the  law-abiding citizen is protected from the
depredations of lawless forces seeking to violate the boundaries of  his
personal freedom. For the democratic society guarantees to each individ-
ual  within the scope of its jurisdiction an area of personal liberty as
free from the transgressions of malignant  private  power  as  from  the
overweening  claims  of  the organized state. The legislative branch, no
less than other departments of government, must devote itself to  secur-
ing  those desirable circumstances of social life within which the demo-
cratic promise of freedom to the public at large may become a day to day
reality and to combating those threats to freedom which arise  from  the
encroachments of criminal forces.
  In recent decades, the populace has suffered from an unacceptably high
incidence  of dangerous criminal wrongdoing.  Dangerous crimes have been
committed by persons with a previous conviction for dangerous criminali-
ty who are awaiting trial on a charge involving another dangerous  crime

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01541-01-9
              

A. 3875                             2

when  they  indulge  in  such  misconduct and by persons without a prior
conviction released to await trial after being charged with a  dangerous
crime allegedly committed while on pretrial release in connection with a
charge  of  having  committed  another  dangerous  crime.  Some of these
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.

A. 3875                             3

  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:
  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

A. 3875                             4

OF  SOME  DESIGNATED PERSON OR PUBLIC OFFICER OR ORGANIZATION DURING THE
TIME WHEN THE ACCUSED PERSON IS NOT IN DETENTION.
  (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

A. 3875                             5

DEPARTMENT  SHALL  ALSO  MAKE  SUCH  A  PROMPT REPORT TO THE PROSECUTING
AUTHORITY INVOLVED IN THE CASE.
  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.

A. 3875                             6

  (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

A. 3875                             7

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. 3875                             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. 3875                             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. 3875                            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. 3875                            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. 3875                            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. 3875                            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. 3875                            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. 3875                            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. 3875                            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.