LBD08752-03-8
 A. 5033--A                          2
 
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON,  IT  PERMITS  THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE CRIMINAL ACTION UNDER CONDITIONS SET BY THE COURT,  WHICH  SHALL  BE
 THE  LEAST  RESTRICTIVE  THAT  WILL  REASONABLY  ASSURE  THE PRINCIPAL'S
 APPEARANCE IN COURT. SUCH CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT THE
 PRINCIPAL SHALL BE IN CONTACT WITH A PRETRIAL  SERVICES  AGENCY  SERVING
 PRINCIPALS  IN  THAT COUNTY; THAT THE PRINCIPAL SHALL ABIDE BY SPECIFIED
 RESTRICTIONS ON TRAVEL THAT ARE REASONABLY RELATED TO AN ACTUAL RISK  OF
 INTENTIONAL  FLIGHT  FROM  THE  JURISDICTION;  THAT  THE PRINCIPAL SHALL
 REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS
 WEAPON; THAT THE  PERSON  BE  PLACED  IN  PRETRIAL  SUPERVISION  WITH  A
 PRETRIAL SERVICES AGENCY SERVING PRINCIPALS IN THAT COUNTY.
   4. "Commit to the custody of the sheriff." A court commits a principal
 to  the  custody  of  the sheriff when, having acquired control over his
 person, it orders that he be confined in  the  custody  of  the  sheriff
 [during  the  pendency  of  the  criminal action or proceeding involved]
 PENDING THE OUTCOME OF A HEARING AS TO WHETHER THE INDIVIDUAL  SHALL  BE
 ORDERED  INTO  PRETRIAL  DETENTION  AS SPECIFIED IN ARTICLE FIVE HUNDRED
 FORTY-FIVE OF THIS TITLE.
   5. "Securing order" means an order of a court [committing a  principal
 to  the  custody of the sheriff, or fixing bail, or releasing him on his
 own recognizance] THAT EITHER RELEASES A PRINCIPAL ON PERSONAL  RECOGNI-
 ZANCE, OR RELEASES THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, ALL WITH
 THE  DIRECTION  THAT  THE  PRINCIPAL  RETURN  TO  COURT FOR FUTURE COURT
 APPEARANCES AND TO BE AT ALL TIMES AMENDABLE TO THE ORDERS AND PROCESSES
 OF THE COURT.
   6. ["Order of recognizance or bail" means a securing order releasing a
 principal on his own recognizance or fixing bail] "PRETRIAL  DETENTION."
 A COURT MAY COMMIT A PRINCIPAL TO PRETRIAL DETENTION IF, AFTER A HEARING
 AND MAKING SUCH FINDINGS AS SPECIFIED IN ARTICLE FIVE HUNDRED FORTY-FIVE
 OF THIS TITLE, A JUDGE SO ORDERS DETENTION.
   §  3.  Subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19
 of section 500.10 of the criminal procedure law are REPEALED, and subdi-
 vision 20 is renumbered subdivision 7.
   § 4. 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:
 § 510.10  Securing order; when required; ALTERNATIVES AVAILABLE;  STAND-
            ARD TO BE APPLIED.
   1.  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]  SHALL, by a securing order,
 [either release him on his own recognizance, fix bail or commit  him  to
 the  custody  of the sheriff] RELEASE THE PRINCIPAL PENDING TRIAL ON THE
 PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE  RECORD
 THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE INDIVIDUAL'S
 COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE THE INDIVID-
 UAL  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST RESTRICTIVE
 ALTERNATIVE THAT WILL REASONABLY ASSURE THE  PRINCIPAL'S  COURT  ATTEND-
 ANCE.  THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD. A
 PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR  ANY  PART  OF  THE  COST  OF
 RELEASE UNDER NON-MONETARY CONDITIONS.
 A. 5033--A                          3
 
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 IN CASES WHERE THE PEOPLE MOVE FOR  PRETRIAL  DETENTION  THE  COURT  MAY
 COMMIT  THE  DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING
 ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
   3.  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] THE  PRINCIPAL  is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a [securing] ANY 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] SUCH order.
   § 5. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 §  510.20    Application  for [recognizance or bail; making and determi-
              nation thereof in general] A CHANGE IN SECURING ORDER BASED
              ON A MATERIAL CHANGE OF CIRCUMSTANCES.
   1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
 securing order with respect to a principal, [or at any time when a prin-
 cipal is confined in the custody of the sheriff as a result of a  previ-
 ously issued securing order, he] THE PRINCIPAL OR THE PEOPLE may make an
 application for [recognizance or bail] A DIFFERENT SECURING ORDER DUE TO
 A MATERIAL CHANGE OF CIRCUMSTANCES.
   2.    Upon  such  application,  the  principal  OR  THE PEOPLE must be
 accorded an opportunity to be heard and to contend  that  [an  order  of
 recognizance  or bail] A DIFFERENT SECURING ORDER must or should issue[,
 that the court should release him on his own  recognizance  rather  than
 fix  bail,  and that if bail is fixed it should be in a suggested amount
 and form] BECAUSE, DUE  TO  A  MATERIAL  CHANGE  IN  CIRCUMSTANCES,  THE
 CURRENT  ORDER  IS  EITHER  TOO RESTRICTIVE OR NOT RESTRICTIVE ENOUGH TO
 REASONABLY ENSURE A DEFENDANT'S APPEARANCE IN  COURT.  THE  COURT  SHALL
 SELECT  THE  LEAST RESTRICTIVE NON-MONETARY CONDITION OR CONDITIONS THAT
 WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE.
   3. WHERE THE PEOPLE MAKE AN APPLICATION FOR A DIFFERENT SECURING ORDER
 ON THE BASIS OF A VIOLATION OF AN EXISTING  SECURING  ORDER,  THE  COURT
 SHALL CONSIDER THE NATURE, WILLFULNESS, AND SERIOUSNESS OF THE VIOLATION
 AND  SHALL SELECT THE LEAST RESTRICTIVE NON-MONETARY CONDITION OR CONDI-
 TIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE.
   § 6. Section 510.30 of the criminal procedure law, subparagraph (v) of
 paragraph (a) of subdivision 2 as amended by chapter 920 of the laws  of
 1982,  subparagraph (vi) of paragraph (a) of subdivision 2 as renumbered
 by chapter 447 of the laws of 1977,  subparagraph  (vii)  as  added  and
 subparagraphs  (viii)  and  (ix)  of  paragraph  (a) of subdivision 2 as
 renumbered by section 1 of part D of chapter 491 of the laws of 2012 and
 subdivision 3 as added by chapter 788 of the laws of 1981, is amended to
 read as follows:
 § 510.30 Application for [recognizance or bail] SECURING ORDER; rules of
              law and criteria controlling determination.
   [1. Determinations of applications for recognizance or bail are not in
 all cases discretionary but are subject to rules, prescribed in  article
 five  hundred  thirty  and  other provisions of law relating to specific
 kinds of criminal actions and proceedings, providing (a)  that  in  some
 circumstances  such  an  application must as a matter of law be granted,
 (b) that in others it must as a matter of law be denied and the  princi-
 pal committed to or retained in the custody of the sheriff, and (c) that
 A. 5033--A                          4
 in  others  the  granting  or  denial  thereof  is  a matter of judicial
 discretion.
   2. To the extent that the issuance of an order of recognizance or bail
 and  the  terms thereof are matters of discretion rather than of law, an
 application is determined on the basis  of  the  following  factors  and
 criteria:
   (a)]  With  respect to any principal, the court must consider the kind
 and degree of control or restriction that is  necessary  to  secure  his
 court  attendance  when  required. In determining that matter, the court
 must, on the basis of available  information,  consider  and  take  into
 account:
   [(i)  The  principal's character, reputation, habits and mental condi-
 tion;
   (ii) His employment and financial resources; and
   (iii) His family ties and the length of his residence if  any  in  the
 community; and
   (iv) His]
   1.  INFORMATION  ABOUT THE PRINCIPAL THAT IS RELEVANT TO COURT APPEAR-
 ANCE, INCLUDING, BUT NOT LIMITED TO, THE PRINCIPAL'S ACTIVITIES, HISTORY
 AND COMMUNITY TIES;
   2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
   3. THE PRINCIPAL'S criminal record if any; [and
   (v) His] 4. THE PRINCIPAL'S record of previous adjudication as a juve-
 nile delinquent, as retained pursuant to section  354.2  of  the  family
 court act, or, of pending cases where fingerprints are retained pursuant
 to section 306.1 of such act, or a youthful offender, if any; [and
   (vi)  His]  5. THE PRINCIPAL'S previous record if any in responding to
 court appearances when required or with respect to INTENTIONAL flight to
 avoid criminal prosecution; [and
   (vii)] 6. Where the principal  is  charged  with  a  crime  or  crimes
 against a member or members of the same family or household as that term
 is  defined  in  subdivision  one  of  section 530.11 of this title, the
 following factors:
   [(A)] (I) any violation by the principal of  an  order  of  protection
 issued  by  any  court  for the protection of a member or members of the
 same family or household as that term is defined in subdivision  one  of
 section 530.11 of this title, whether or not such order of protection is
 currently in effect; and
   [(B)]  (II) the principal's history of use or possession of a firearm;
 [and
   (viii)] 7. If [he] THE PRINCIPAL is a defendant,  the  weight  of  the
 evidence  against [him] THE PRINCIPAL in the pending criminal action and
 any other factor indicating probability or improbability of  conviction;
 or,  in the case of an application for [bail or recognizance] A SECURING
 ORDER pending appeal, the merit or lack of merit of the appeal; [and
   (ix)] 8. If [he] THE PRINCIPAL is a defendant, the sentence which  may
 be or has been imposed upon conviction[.
   (b)  Where  the principal is a defendant-appellant in a pending appeal
 from a judgment of conviction, the court must also consider the  likeli-
 hood  of  ultimate  reversal  of  the judgment. A determination that the
 appeal is palpably without merit alone justifies, but does not  require,
 a  denial  of the application, regardless of any determination made with
 respect to the factors specified in paragraph (a).
   3. When bail or recognizance is ordered, the court  shall  inform  the
 principal, if he is a defendant charged with the commission of a felony,
 that  the release is conditional and that the court may revoke the order
 A. 5033--A                          5
 of release and commit the principal to the custody  of  the  sheriff  in
 accordance  with  the provisions of subdivision two of section 530.60 of
 this chapter if he commits a subsequent felony  while  at  liberty  upon
 such order.]; AND
   9.  IF THE PRINCIPAL IS A DEFENDANT-APPELLANT IN A PENDING APPEAL FROM
 A JUDGMENT OF CONVICTION, THE COURT MUST ALSO CONSIDER THE LIKELIHOOD OF
 ULTIMATE REVERSAL OF THE JUDGMENT. A DETERMINATION THAT  THE  APPEAL  IS
 PALPABLY  WITHOUT  MERIT ALONE JUSTIFIES, BUT DOES NOT REQUIRE, A DENIAL
 OF THE APPLICATION, REGARDLESS OF ANY DETERMINATION MADE WITH RESPECT TO
 THE FACTORS SPECIFIED IN THIS PARAGRAPH.
   § 7. Section 510.40 of the criminal procedure law is amended  to  read
 as follows:
 §  510.40  [Application for recognizance or bail; determination thereof,
              form of securing order and execution thereof]  NOTIFICATION
              TO  PRINCIPAL  BY COURT OF CONDITIONS OF RELEASE AND PENAL-
              TIES FOR VIOLATIONS OF RELEASE.
   1.  [An application 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.
   2.]    Upon ordering that a principal be released on [his] THE PRINCI-
 PAL'S own recognizance, OR RELEASED UNDER  NON-MONETARY  CONDITIONS  the
 court  must  direct [him] THE PRINCIPAL to appear in the criminal action
 or proceeding involved whenever [his] THE PRINCIPAL'S attendance may  be
 required  and to [render himself] BE at all times amenable to the orders
 and processes of the court.  IF THE PRINCIPAL IS A DEFENDANT, THE  COURT
 SHALL  ALSO  DIRECT THE DEFENDANT NOT TO COMMIT A CRIME WHILE AT LIBERTY
 UPON THE COURT'S SECURING ORDER. If such principal is in the custody  of
 the  sheriff  [or  at  liberty  upon bail] at the time of the order, the
 court must direct that [he] THE PRINCIPAL be discharged from such custo-
 dy [or, as the case may be, that his bail be exonerated].
   [3.  Upon the issuance of an order fixing bail, and upon  the  posting
 thereof,  the  court  must  examine  the  bail  to  determine whether it
 complies with the order.  If it does, the court must, in the absence  of
 some  factor  or circumstance which in law requires or authorizes disap-
 proval thereof, approve  the  bail  and  must  issue  a  certificate  of
 release,  authorizing  the  principal to be at liberty, and, if he is in
 the custody of the  sheriff  at  the  time,  directing  the  sheriff  to
 discharge  him  therefrom.    If the bail fixed is not posted, or is not
 approved after being posted, the court must order that the principal  be
 committed to the custody of the sheriff.]
   2.  IF  THE  PRINCIPAL  IS RELEASED UNDER NON-MONETARY CONDITIONS, THE
 COURT SHALL, IN THE DOCUMENT AUTHORIZING THE PRINCIPAL'S RELEASE, NOTIFY
 THE PRINCIPAL OF:
   (A) ANY OF THE CONDITIONS UNDER WHICH THE  PRINCIPAL  IS  SUBJECT,  IN
 ADDITION  TO  THE  DIRECTIONS  IN  SUBDIVISION ONE OF THIS SECTION, IN A
 MANNER SUFFICIENTLY CLEAR AND SPECIFIC TO SERVE AS A GUIDE FOR THE PRIN-
 CIPAL'S CONDUCT; AND
   (B) THE CONSEQUENCES FOR VIOLATION OF THOSE  CONDITIONS,  WHICH  COULD
 INCLUDE  REVOKING  OF  THE SECURING ORDER, SETTING OF A MORE RESTRICTIVE
 SECURING ORDER, OR, AFTER THE  HEARING  AS  SPECIFIED  IN  ARTICLE  FIVE
 HUNDRED FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
 A. 5033--A                          6
 
   3.  THE  COURT SHALL NOTIFY ALL PRINCIPALS RELEASED UNDER NON-MONETARY
 CONDITIONS AND ON RECOGNIZANCE OF ALL COURT APPEARANCES  IN  ADVANCE  BY
 TEXT MESSAGE, TELEPHONE CALL, ELECTRONIC MAIL, OR FIRST CLASS MAIL.
   §  8. The criminal procedure law is amended by adding two new sections
 510.43 and 510.45 to read as follows:
 § 510.43 COURT APPEARANCE REMINDERS.
   THE COURT SHALL NOTIFY ALL  PRINCIPALS  RELEASED  ON  RECOGNIZANCE  OR
 UNDER  NON-MONETARY CONDITIONS OF ALL COURT APPEARANCES BY TEXT MESSAGE,
 TELEPHONE CALL, ELECTRONIC MAIL, OR FIRST  CLASS  MAIL.  THE  COURT  MAY
 PARTNER  WITH THE CERTIFIED PRETRIAL SERVICES AGENCY OR AGENCIES IN THAT
 COUNTY TO PROVIDE SUCH NOTIFICATIONS.
 § 510.45 PRETRIAL SERVICE AGENCIES.
   THE OFFICE OF COURT ADMINISTRATION SHALL CERTIFY A  PRETRIAL  SERVICES
 AGENCY  OR  AGENCIES IN EACH COUNTY TO MONITOR PRINCIPALS RELEASED UNDER
 CONDITIONS OF NON-MONETARY RELEASE. SUCH AGENCY OR AGENCIES SHALL  BE  A
 PUBLIC  ENTITY  UNDER THE SUPERVISION AND CONTROL OF A COUNTY OR MUNICI-
 PALITY OR A NON-PROFIT ENTITY UNDER CONTRACT TO THE  COUNTY  OR  MUNICI-
 PALITY.  A  COUNTY  SHALL  BE  AUTHORIZED TO ENTER IN TO A CONTRACT WITH
 ANOTHER COUNTY OR  MUNICIPALITY  IN  THE  STATE  TO  MONITOR  PRINCIPALS
 RELEASED  UNDER  CONDITIONS  OF  NON-MONETARY  RELEASE IN ITS COUNTY BUT
 SHALL NOT CONTRACT WITH ANY PRIVATE ENTITY FOR SUCH PURPOSES. ANY CRITE-
 RIA, INSTRUMENT, OR TOOL USED TO DETERMINE A PRINCIPAL'S ELIGIBILITY FOR
 NON-MONETARY CONDITIONS OR TO DETERMINE THE CONDITION OR  CONDITIONS  TO
 BE  MONITORED  BY  A PRETRIAL SERVICES AGENCY SHALL BE MADE AVAILABLE TO
 ANY PERSON UPON WRITTEN OR ORAL REQUEST.
   § 9. Section 510.50 of the criminal procedure law is amended  to  read
 as follows:
 § 510.50  Enforcement of securing order.
   When  the  attendance  of  a  principal confined in the custody of the
 sheriff OR PURSUANT TO A PRETRIAL DETENTION ORDER  is  required  at  the
 criminal  action or proceeding at a particular time and place, the court
 may compel such attendance by directing the sheriff to  produce  him  OR
 HER at such time and place.  If the principal is at liberty on [his] THE
 PRINCIPAL'S  own  recognizance  [or on bail, his] OR NON-MONETARY CONDI-
 TIONS THE PRINCIPAL'S attendance may be achieved or compelled by various
 methods, including notification and the issuance  of  a  bench  warrant,
 prescribed  by  law in provisions governing such matters with respect to
 the particular kind of action or proceeding involved. PRIOR TO ISSUING A
 BENCH WARRANT, THE COURT MUST PROVIDE THE  PRINCIPAL  FORTY-EIGHT  HOURS
 ADVANCE NOTICE THAT HE OR SHE IS REQUIRED TO APPEAR IN COURT IN ORDER TO
 GIVE THE PRINCIPAL THE OPPORTUNITY TO APPEAR VOLUNTARILY.
   § 10. Article 520 of the criminal procedure law is REPEALED.
   § 11. The article heading of article 530 of the criminal procedure law
 is amended to read as follows:
                      SECURING ORDERS [OF RECOGNIZANCE
              OR BAIL] WITH RESPECT TO DEFENDANTS IN CRIMINAL
             ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS
                                AUTHORIZED
   §  12. Section 530.10 of the criminal procedure law is amended to read
 as follows:
 § 530.10 [Order of recognizance or bail] SECURING ORDER; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 [or authorized to order bail or recognizance] TO ISSUE A SECURING  ORDER
 for  the  release  or  prospective  release of such defendant during the
 pendency of either:
 A. 5033--A                          7
   1. A criminal action based upon such charge; or
   2. An appeal taken by the defendant from a judgment of conviction or a
 sentence  or  from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   § 13. Subdivision 4 of section 530.11 of the criminal  procedure  law,
 as  added  by  chapter  186  of  the laws of 1997, is amended to read as
 follows:
   4. When a person is arrested for  an  alleged  family  offense  or  an
 alleged  violation  of  an  order  of  protection  or temporary order of
 protection or arrested pursuant to a warrant issued by  the  supreme  or
 family  court, and the supreme or family court, as applicable, is not in
 session, such person shall be brought before a local criminal  court  in
 the  county  of arrest or in the county in which such warrant is return-
 able pursuant to article one hundred twenty of this chapter. Such  local
 criminal  court  may issue any order authorized under subdivision eleven
 of section 530.12 of this article, section one hundred  fifty-four-d  or
 one hundred fifty-five of the family court act or subdivision three-b of
 section  two  hundred  forty or subdivision two-a of section two hundred
 fifty-two of the domestic relations  law,  in  addition  to  discharging
 other  arraignment  responsibilities  as  set  forth in this chapter. In
 making such order, the local criminal court  shall  consider  the  [bail
 recommendation]  SECURING  ORDER,  if any, made by the supreme or family
 court as indicated on the warrant or certificate of warrant. Unless  the
 petitioner  or complainant requests otherwise, the court, in addition to
 scheduling further criminal proceedings, if any, regarding such  alleged
 family  offense  or violation allegation, shall make such matter return-
 able in the supreme or family court, as applicable, on the next day such
 court is in session.
   § 14. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure law, as added by chapter 388 of the laws of 1984,  is  amended
 to read as follows:
   (a)  revoke  [an  order  of recognizance or bail] A SECURING ORDER and
 commit the defendant to custody; or
   § 15. The opening paragraph of subdivision 1 of section 530.13 of  the
 criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
 is amended to read as follows:
   When any criminal action is pending, and the court has  not  issued  a
 temporary  order  of protection pursuant to section 530.12 of this arti-
 cle, the court, in addition to the other powers  conferred  upon  it  by
 this  chapter,  may  for  good  cause  shown  issue a temporary order of
 protection in  conjunction  with  any  securing  order  [committing  the
 defendant to the custody of the sheriff or as a condition of a pre-trial
 release,  or  as  a  condition  of  release on bail or an adjournment in
 contemplation of dismissal]. In addition to any other  conditions,  such
 an order may require that the defendant:
   §  16.  Subdivisions 9 and 11 of section 530.12 of the criminal proce-
 dure law, subdivision 9 as amended by section 81 of subpart B of part  C
 of  chapter 62 of the laws of 2011, subdivision 11 as amended by chapter
 498 of the laws of 1993, the opening  paragraph  of  subdivision  11  as
 amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
 11  as  amended  by chapter 222 of the laws of 1994 and paragraph (d) of
 subdivision 11 as amended by chapter  644  of  the  laws  of  1996,  are
 amended to read as follows:
   9.  If  no  warrant,  order  or temporary order of protection has been
 issued by the court, and an act  alleged  to  be  a  family  offense  as
 defined  in section 530.11 of this [chapter] ARTICLE is the basis of the
 A. 5033--A                          8
 
 arrest, the magistrate shall permit the complainant to file a  petition,
 information  or  accusatory  instrument  and for reasonable cause shown,
 shall thereupon hold such respondent or defendant,  [admit  to,  fix  or
 accept  bail,] ESTABLISH A SECURING ORDER or parole him or her for hear-
 ing before the  family  court  or  appropriate  criminal  court  as  the
 complainant  shall  choose  in accordance with the provisions of section
 530.11 of this [chapter] ARTICLE.
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by a court of competent jurisdiction in another  state,  territorial  or
 tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a) revoke [an order of recognizance or revoke an  order  of  bail  or
 order forfeiture of such bail] A SECURING ORDER and commit the defendant
 to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and commit the defendant to  custody;
 or
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  17.  Section  530.20  of  the criminal procedure law, as amended by
 chapter 531 of the laws of 1975, subparagraph (ii) of paragraph  (b)  of
 subdivision  2 as amended by chapter 218 of the laws of 1979, is amended
 to read as follows:
 § 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
              nal court when action is pending therein.
   1. When a criminal action is pending in a local criminal  court,  such
 court,  upon application of a defendant, [must or may order recognizance
 or bail as follows:
   1. When the defendant is charged, by information, simplified  informa-
 tion, prosecutor's information or misdemeanor complaint, with an offense
 or  offenses of less than felony grade only, the court must order recog-
 nizance or bail.
   2. When the defendant is charged, by felony complaint, with a  felony,
 the  court  may, in its discretion, order recognizance or bail except as
 otherwise provided in this subdivision:
   (a) A city court, a town court or a village court may not order recog-
 nizance or bail when (i) the defendant is charged with a class A felony,
 or  (ii)  it  appears  that  the  defendant  has  two  previous   felony
 convictions;
   (b)]  SHALL,  BY A SECURING ORDER, RELEASE THE DEFENDANT PENDING TRIAL
 ON THE DEFENDANT'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON  THE
 RECORD  THAT  RELEASE  ON  RECOGNIZANCE  WILL  NOT REASONABLY ASSURE THE
 DEFENDANT'S COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL  RELEASE
 THE   DEFENDANT  UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST
 RESTRICTIVE ALTERNATIVE THAT  WILL  REASONABLY  ASSURE  THE  DEFENDANT'S
 COURT  ATTENDANCE.  THE  COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON
 A. 5033--A                          9
 
 THE RECORD. THE DEFENDANT SHALL NOT BE REQUIRED TO PAY FOR ANY  PART  OF
 THE COST OF RELEASE UNDER NON-MONETARY CONDITIONS.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 IN CASES WHERE THE PEOPLE MOVE FOR PRETRIAL  DETENTION,  THE  COURT  MAY
 COMMIT  THE  DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING
 ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
   3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OR  TWO  OF  THIS
 SECTION,  IN  CASES  WHERE  THE DEFENDANT IS CHARGED BY FELONY COMPLAINT
 WITH A FELONY AND EITHER IS CHARGED WITH A CLASS A FELONY, OR IT APPEARS
 THAT THE DEFENDANT HAS TWO PREVIOUS FELONY CONVICTIONS WITHIN THE  MEAN-
 ING  OF  SUBDIVISION ONE OF SECTION 70.08 OR 70.10 OF THE PENAL LAW; THE
 COURT, A CITY COURT, TOWN COURT OR A  VILLAGE  COURT  SHALL  COMMIT  THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF FOR THE COUNTY OR SUPERIOR COURT
 TO MAKE A DETERMINATION ABOUT A SECURING ORDER WITHIN THREE DAYS.
   4. No local criminal court may order [recognizance or bail] A SECURING
 ORDER  with  respect  to  a  defendant  charged with a felony unless and
 until[:
   (i) The district attorney has been heard in the matter or, after know-
 ledge or notice of the application  and  reasonable  opportunity  to  be
 heard,  has  failed  to appear at the proceeding or has otherwise waived
 his right to do so; and
   (ii) The] THE court [has], AND COUNSEL  FOR  THE  DEFENSE,  HAVE  been
 furnished  with  a  report  of the division of criminal justice services
 concerning the defendant's criminal record  if  any  or  with  a  police
 department  report  with  respect  to  the  defendant's prior arrest AND
 CONVICTION record, IF ANY. If neither report is  available,  the  court,
 with  the  consent  of  the  district  attorney,  may dispense with this
 requirement; provided, however, that in an emergency, including but  not
 limited  to  a substantial impairment in the ability of such division or
 police department to timely furnish such report, such consent shall  not
 be  required  if,  for  reasons stated on the record, the court deems it
 unnecessary. [When the court has been furnished with any such report  or
 record, it shall furnish a copy thereof to counsel for the defendant or,
 if the defendant is not represented by counsel, to the defendant.]
   §  18.  The section heading and subdivisions 1 and 2 of section 530.30
 of the criminal procedure law, subdivision 2 as amended by  chapter  762
 of the laws of 1971, are amended to read as follows:
   [Order  of  recognizance  or  bail;]  SECURING ORDER by superior court
 judge when action is pending in local criminal court.
   1.   When a criminal action is pending  in  a  local  criminal  court,
 [other than one consisting of a superior court judge sitting as such,] a
 judge  of  a  superior  court holding a term thereof in the county, upon
 application of a defendant,  AND  WITHIN  ONE  WORKING  DAY,  may  order
 [recognizance or bail] A SECURING ORDER when such local criminal court:
   (a)    Lacks  authority to issue such an order, pursuant to [paragraph
 (a) of] subdivision [two] FOUR of section 530.20 OF THIS ARTICLE; or
   (b)  Has denied an application for recognizance [or bail]; or
   (c)  Has [fixed bail which is excessive] IMPROPERLY GRANTED A  REQUEST
 FOR A PRETRIAL DETENTION HEARING; OR
   (D)  HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
 WHICH ARE MORE RESTRICTIVE THAN NECESSARY  TO  REASONABLY  ENSURE  COURT
 ATTENDANCE. 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]  OR UNDER RELEASE WITH CONDITIONS, WHICHEVER IS THE LEAST RESTRIC-
 A. 5033--A                         10
 
 TIVE ALTERNATIVE THAT WILL REASONABLY ASSURE DEFENDANT'S  APPEARANCE  IN
 COURT. THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
   2.  Notwithstanding the provisions of subdivision one OF THIS SECTION,
 when the defendant is charged with a felony in a local criminal court, a
 superior court judge may not [order recognizance or bail] ISSUE A SECUR-
 ING ORDER unless and until the district attorney has had an  opportunity
 to  be  heard  in  the  matter  and such judge has been furnished with a
 report as described in [subparagraph (ii) of paragraph (b) of]  subdivi-
 sion [two] FOUR of section 530.20 OF THIS ARTICLE.
   §  19.  Section 530.40 of the criminal procedure law, subdivision 3 as
 amended by chapter 264 of the laws of 2003 and subdivision 4 as  amended
 by chapter 762 of the laws of 1971, is amended to read as follows:
 § 530.40 [Order  of  recognizance  or  bail;] SECURING ORDER by superior
            court when action is pending therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application  of  a  defendant,  [must or may order recognizance or
 bail] SHALL ISSUE A SECURING ORDER as follows:
   1. [When the defendant is charged with an offense or offenses of  less
 than felony grade only, the court must order recognizance or bail.
   2.  When the defendant is charged with a felony, the court may, in its
 discretion, order recognizance or bail. In any such  case  in  which  an
 indictment  (a)  has  resulted  from  an order of a local criminal court
 holding the defendant for the action of the grand jury, or (b) was filed
 at a time when a felony complaint charging the same conduct was  pending
 in  a  local criminal court, and in which such local criminal court or a
 superior court judge has issued an order of recognizance or  bail  which
 is  still  effective, the superior court's order may be in the form of a
 direction continuing the effectiveness of the previous  order.]  RELEASE
 THE  DEFENDANT  PENDING  TRAIL ON THE DEFENDANT'S PERSONAL RECOGNIZANCE,
 UNLESS THE COURT FINDS ON THE RECORD THAT RELEASE ON  RECOGNIZANCE  WILL
 NOT   REASONABLY  ASSURE  THE  DEFENDANT'S  COURT  ATTENDANCE.  IN  SUCH
 INSTANCES, THE COURT  WILL  RELEASE  THE  DEFENDANT  UNDER  NON-MONETARY
 CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE  ALTERNATIVE  THAT  WILL
 REASONABLY ASSURE THE  DEFENDANT'S  COURT  ATTENDANCE.  THE  COURT  WILL
 SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD. THE DEFENDANT SHALL NOT
 BE  REQUIRED  TO PAY FOR ANY PART OF THE COST OF RELEASE UNDER NON-MONE-
 TARY CONDITIONS.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 IN  CASES  WHERE  THE  PEOPLE MOVE FOR PRETRIAL DETENTION, THE COURT MAY
 COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE  A  SECURING
 ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
   3.  Notwithstanding  the  provisions  of subdivision [two] ONE OF THIS
 SECTION, a superior court may not [order recognizance or bail]  ISSUE  A
 SECURING  ORDER,  or permit a defendant to remain at liberty pursuant to
 an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
 either:  (a)  a  class  A  felony  or  (b) any class B or class C felony
 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.  In  either  case  the
 court must commit or remand the defendant to the custody of the sheriff.
   4.  Notwithstanding  the  provisions  of subdivision [two] ONE OF THIS
 SECTION, a superior court may not [order recognizance or bail]  ISSUE  A
 SECURING  ORDER  when  the defendant is charged with a felony unless and
 until the district attorney has had an opportunity to be  heard  in  the
 matter  and  such  court  [has]  AND  COUNSEL  FOR THE DEFENSE HAVE been
 A. 5033--A                         11
 
 furnished with a report as described in [subparagraph (ii) of  paragraph
 (b) of] subdivision [two] FOUR of section 530.20 OF THIS ARTICLE.
   §  20.  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 the defendant is at liberty in the course of a criminal action
 as  a  result  of a prior [order of recognizance or bail] SECURING ORDER
 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 previous-
 ly 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 eighteen 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], SUCH COURT MAY  ISSUE  A  MORE  RESTRICTIVE  SECURING
 ORDER in a less [burdensome] RESTRICTIVE form than fixed by the court in
 which the conviction was entered.
   § 21. Section 530.60 of the criminal procedure law is REPEALED.
   § 22. Title P of the criminal procedure law is amended by adding a new
 article 545 to read as follows:
                      ARTICLE 545--PRETRIAL DETENTION
 SECTION 545.10 PRETRIAL DETENTION; WHEN ORDERED.
         545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
         545.30 PRETRIAL DETENTION HEARING.
         545.40 ORDER FOR PRETRIAL DETENTION.
         545.50 REOPENING OF PRETRIAL HEARING.
         545.60 LENGTH  OF  DETENTION FOR DEFENDANT HELD UNDER A PRETRIAL
                DETENTION ORDER.
 § 545.10 PRETRIAL DETENTION; WHEN ORDERED.
   A COUNTY OR SUPERIOR COURT MAY ORDER, BEFORE TRIAL, THE DETENTION OF A
 DEFENDANT IF THE PEOPLE SEEK DETENTION OF THE  DEFENDANT  UNDER  SECTION
 545.20  OF THIS ARTICLE, AND, AFTER A HEARING PURSUANT TO SECTION 545.30
 OF THIS ARTICLE, THE COURT FINDS CLEAR AND CONVINCING EVIDENCE THAT  THE
 DEFENDANT  POSES  A  HIGH  RISK OF INTENTIONAL FLIGHT FOR THE PURPOSE OF
 EVADING CRIMINAL PROSECUTION AND THAT NO CONDITIONS  OR  COMBINATION  OF
 CONDITIONS  IN  THE  COMMUNITY  WILL  REASONABLY  ASSURE THE DEFENDANT'S
 RETURN TO COURT.
 § 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
   1. THE PEOPLE MAY MAKE  A  MOTION  SEEKING  PRETRIAL  DETENTION  OF  A
 DEFENDANT AT ANY TIME, EXCEPT THAT WHERE THE PEOPLE DID NOT SO MOVE WHEN
 THE DEFENDANT INITIALLY CAME UNDER CONTROL OF THE COURT, THE PEOPLE MUST
 SHOW  A  CHANGE OF CIRCUMSTANCES OR THAT INFORMATION EXISTS THAT WAS NOT
 KNOWN TO THE PEOPLE WHEN THE DEFENDANT INITIALLY CAME UNDER  CONTROL  OF
 THE COURT. THE PEOPLE MAY SEEK THE PRETRIAL DETENTION OF A DEFENDANT:
   (A)  CHARGED  WITH  A  FELONY  WHERE  THERE  IS AN ALLEGATION THAT THE
 DEFENDANT, WITH INTENT TO  CAUSE  SERIOUS  PHYSICAL  INJURY  TO  ANOTHER
 PERSON,  CAUSED  SUCH  INJURY  TO  SUCH  PERSON OR TO A THIRD PERSON, OR
 ATTEMPTED TO CAUSE SUCH INJURY TO SUCH PERSON OR TO A THIRD PERSON;
   (B) CHARGED WITH AN OFFENSE WHERE, IF CONVICTED, THE  DEFENDANT  WOULD
 BE SUBJECT TO A SENTENCE UNDER SECTION 70.08 OF THE PENAL LAW;
   (C) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
 215.15, 215.16, OR 215.17 OF THE PENAL LAW; OR
 A. 5033--A                         12
 
   (D)  WHO  HAS  WILLFULLY AND PERSISTENTLY FAILED TO APPEAR IN COURT IN
 THE INSTANT CASE.
   2. IF, UPON SUCH MOTION BY THE PEOPLE, THE COURT FINDS THAT THE PEOPLE
 HAVE  SHOWN  A  LIKELIHOOD  OF  SUCCESS  ON  THEIR  MOTION  FOR PRETRIAL
 DETENTION, THE COURT MAY ORDER A HEARING PURSUANT TO SECTION  545.30  OF
 THIS ARTICLE. UPON ORDERING A HEARING PURSUANT TO SECTION 545.30 OF THIS
 ARTICLE,  THE  COURT SHALL EITHER COMMIT THE DEFENDANT TO THE CUSTODY OF
 THE SHERIFF OR ISSUE A SECURING ORDER.    THE  COURT  WILL  SUPPORT  ITS
 CHOICE OF ALTERNATIVE ON THE RECORD. IF THE DEFENDANT IS AT LIBERTY, THE
 COURT MAY ISSUE A WARRANT AND HAVE THE DEFENDANT BROUGHT INTO CUSTODY OF
 THE  SHERIFF,  EXCEPT  THAT,  BEFORE  A BENCH WARRANT MAY BE ISSUED, THE
 COURT MUST PROVIDE THE DEFENDANT FORTY-EIGHT HOURS ADVANCED NOTICE  THAT
 HE  OR  SHE  IS  REQUIRED  TO  APPEAR IN COURT IN ORDER TO GIVE THEM THE
 OPPORTUNITY TO APPEAR VOLUNTARILY.
 § 545.30 PRETRIAL DETENTION HEARING.
   1. A HEARING SHALL BE HELD WITHIN TWO WORKING DAYS OF THE COURT ORDER-
 ING A PRETRIAL DETENTION HEARING. AT THE HEARING,  THE  DEFENDANT  SHALL
 HAVE  THE RIGHT TO BE REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE
 TO OBTAIN COUNSEL, TO HAVE COUNSEL  ASSIGNED.  THE  DEFENDANT  SHALL  BE
 AFFORDED  AN OPPORTUNITY TO TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXA-
 MINE WITNESSES WHO APPEAR AT THE HEARING, AND TO PRESENT INFORMATION  BY
 PROFFER  OR  OTHERWISE.    THE  RULES  CONCERNING  THE  ADMISSIBILITY OF
 EVIDENCE IN CRIMINAL TRIALS DO NOT APPLY TO THE PRESENTATION AND CONSID-
 ERATION OF INFORMATION DURING THE HEARING.
   2. PRIOR TO THE HEARING, THE PROSECUTION SHALL DISCLOSE TO THE DEFEND-
 ANT, AND PERMIT THE DEFENDANT TO DISCOVER, INSPECT, COPY  OR  PHOTOGRAPH
 ALL  STATEMENTS  OR  REPORTS  THAT  RELATE TO THE PROSECUTION'S PRETRIAL
 DETENTION MOTION THAT ARE IN THE POSSESSION, CUSTODY OR CONTROL  OF  THE
 PROSECUTION,  OR  PERSONS UNDER THE PROSECUTION'S DIRECTION AND CONTROL,
 INCLUDING:
   (A) THE COMPLAINT AND SUPPORTING DOCUMENTS;
   (B) POLICE REPORTS;
   (C) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR  RECORDING,  AND  THE  SUBSTANCE  OF ALL ORAL STATEMENTS, MADE BY THE
 DEFENDANT OR A CO-DEFENDANT;
   (D) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN  ANY  WRITING
 OR RECORDING, MADE BY PERSONS WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE
 OR INFORMATION THAT RELATE TO THE SUBJECT MATTER OF THE CASE;
   (E) ALL STATEMENTS OR REPORTS UPON WHICH THE PROSECUTION RELIES IN THE
 HEARING; AND
   (F)  ALL  FACTS, EVIDENCE, AND INFORMATION FAVORABLE TO THE DEFENDANT,
 INCLUDING BUT NOT LIMITED  TO  INFORMATION  THAT  TENDS  TO  NEGATE  THE
 DEFENDANT'S  GUILT OR THAT TENDS TO MITIGATE THE DEFENDANT'S CULPABILITY
 AS TO A CHARGED OFFENSE, OR THAT TENDS TO SUPPORT  A  POTENTIAL  DEFENSE
 THERETO,  OR  THAT  TENDS  TO  SUPPORT  A MOTION TO SUPPRESS EVIDENCE ON
 CONSTITUTIONAL OR STATUTORY GROUNDS, OR THAT WOULD TEND  TO  REDUCE  THE
 PUNISHMENT  OF  THE DEFENDANT, OR THAT IS RELEVANT TO A WITNESS'S CREDI-
 BILITY, WITHOUT REGARD TO THE MATERIALITY OF THE INFORMATION.
   3. IN HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT,  THE  PEOPLE
 SHALL ESTABLISH PROBABLE CAUSE THAT THE ELIGIBLE DEFENDANT COMMITTED THE
 CHARGED  OFFENSE.  THE  PEOPLE  MUST  ESTABLISH  BY CLEAR AND CONVINCING
 EVIDENCE THAT THE DEFENDANT POSES A HIGH RISK OF INTENTIONAL FLIGHT  FOR
 THE  PURPOSE  OF  EVADING  CRIMINAL PROSECUTION AND THAT NO CONDITION OR
 COMBINATION OF CONDITIONS IN THE COMMUNITY WILL  REASONABLY  ASSURE  THE
 DEFENDANT'S RETURN TO COURT.
 A. 5033--A                         13
 
   4. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF INTEN-
 TIONAL FLIGHT FOR THE PURPOSE OF EVADING CRIMINAL PROSECUTION AND WHETH-
 ER  NO  CONDITION  OR  COMBINATION  OF  CONDITIONS IN THE COMMUNITY WILL
 REASONABLY ASSURE THE DEFENDANT'S RETURN TO COURT, THE  COURT  MAY  TAKE
 INTO ACCOUNT THE FOLLOWING INFORMATION:
   (A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;
   (B)  THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT THE
 COURT MAY CONSIDER THE  ADMISSIBILITY  OF  ANY  EVIDENCE  SOUGHT  TO  BE
 EXCLUDED;
   (C)  THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR IN
 COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL; AND
   (D) WHETHER, AT THE TIME OF THE CURRENT OFFENSE OR ARREST, THE DEFEND-
 ANT WAS ON PROBATION, PAROLE, OR ON RELEASE PENDING TRIAL, SENTENCING OR
 COMPLETION OF A SENTENCE IN THIS STATE OR OTHER JURISDICTIONS.
   5. NOTHING IN THIS SECTION SHALL INFRINGE UPON THE  DEFENDANT'S  RIGHT
 TO RELEASE PURSUANT TO SECTIONS 170.70 AND 180.80 OF THIS CHAPTER.
 § 545.40 ORDER FOR PRETRIAL DETENTION.
   IN  A  PRETRIAL  DETENTION  ORDER ISSUED PURSUANT TO SECTION 545.10 OF
 THIS ARTICLE, THE COURT SHALL:
   1. INCLUDE WRITTEN FINDINGS OF FACT AND A  WRITTEN  STATEMENT  OF  THE
 REASONS FOR THE DETENTION; AND
   2.  DIRECT THAT THE ELIGIBLE DEFENDANT BE AFFORDED REASONABLE OPPORTU-
 NITY FOR PRIVATE CONSULTATION WITH COUNSEL.
 § 545.50 REOPENING OF PRETRIAL HEARING.
   A PRETRIAL DETENTION HEARING MAY BE RE-OPENED, REGARDLESS OF WHETHER A
 PRETRIAL DETENTION ORDER HAS BEEN PREVIOUSLY ISSUED, UPON  A  MOTION  BY
 THE PEOPLE OR BY THE DEFENDANT, AT ANY TIME BEFORE FINAL DISPOSITION, IF
 THE  COURT  FINDS  EITHER  A CHANGE OF CIRCUMSTANCES OR THAT INFORMATION
 EXISTS THAT WAS NOT KNOWN TO THE PEOPLE OR TO THE DEFENDANT AT THE  TIME
 OF  THE  HEARING,  THAT  HAS  A MATERIAL BEARING ON THE ISSUE OF WHETHER
 DEFENDANT PRESENTS A HIGH RISK OF INTENTIONAL FLIGHT FOR THE PURPOSE  OF
 EVADING CRIMINAL PROSECUTION, AND WHETHER NO CONDITION OR COMBINATION OF
 CONDITIONS  IN  THE  COMMUNITY  WILL  REASONABLY  ASSURE THE DEFENDANT'S
 RETURN TO COURT.
 § 545.60 LENGTH  OF  DETENTION  FOR  DEFENDANT  HELD  UNDER  A  PRETRIAL
            DETENTION ORDER.
   1.  WHERE A DEFENDANT HAS BEEN COMMITTED TO THE CUSTODY OF THE SHERIFF
 IN A CRIMINAL ACTION, THE DEFENDANT MUST BE RELEASED ON HIS OR  HER  OWN
 RECOGNIZANCE  OR  ON NON-MONETARY CONDITIONS OF RELEASE IF THE DEFENDANT
 HAS NOT BEEN BROUGHT TO TRIAL WITHIN:
   (A) ONE HUNDRED TWENTY DAYS FROM THE  DEFENDANT'S  ARRAIGNMENT  ON  AN
 INDICTMENT  OR  SUPERIOR  COURT  INFORMATION,  OR  FROM  THE DEFENDANT'S
 COMMITMENT TO THE CUSTODY OF THE SHERIFF, WHICHEVER IS LATER, IN A CRIM-
 INAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES, AT
 LEAST ONE OF WHICH IS A FELONY;
   (B) THIRTY DAYS FROM THE DEFENDANT'S COMMITMENT TO THE CUSTODY OF  THE
 SHERIFF  IN A CRIMINAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR
 MORE OFFENSES, AT LEAST ONE OF WHICH IS A MISDEMEANOR  PUNISHABLE  BY  A
 SENTENCE  OF IMPRISONMENT OF MORE THAN THREE MONTHS AND NONE OF WHICH IS
 A FELONY;
   (C) FIFTEEN DAYS FROM THE DEFENDANT'S COMMITMENT TO THE CUSTODY OF THE
 SHERIFF IN A CRIMINAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE  OR
 MORE  OFFENSES,  AT  LEAST ONE OF WHICH IS A MISDEMEANOR PUNISHABLE BY A
 SENTENCE OF IMPRISONMENT OF NOT MORE THAN THREE MONTHS AND NONE OF WHICH
 IS A CRIME PUNISHABLE BY A SENTENCE OF IMPRISONMENT OF MORE  THAN  THREE
 MONTHS; OR
 A. 5033--A                         14
 
   (D)  FIVE  DAYS  FROM THE DEFENDANT'S COMMITMENT TO THE CUSTODY OF THE
 SHERIFF IN A CRIMINAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE  OR
 MORE OFFENSES, AT LEAST ONE OF WHICH IS A VIOLATION OR VEHICLE AND TRAF-
 FIC LAW INFRACTION AND NONE OF WHICH IS A CRIME.
   2.  THE TIME WITHIN WHICH A DEFENDANT MUST BE BROUGHT TO TRIAL FOR THE
 PURPOSES OF PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE  OF  THIS  SECTION
 MAY  BE  EXTENDED UPON A SHOWING OF EXCEPTIONAL CIRCUMSTANCES, BUT BY NO
 MORE THAN TWO PERIODS OF UP TO TWENTY DAYS EACH  IN  A  CRIMINAL  ACTION
 WHEREIN  THE  DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES, AT LEAST ONE
 OF WHICH IS A FELONY, OR ONE PERIOD OF UP TO  TEN  DAYS  IN  A  CRIMINAL
 ACTION  WHEREIN  THE  DEFENDANT  IS  ACCUSED OF ONE OR MORE OFFENSES, AT
 LEAST ONE OF WHICH IS A MISDEMEANOR PUNISHABLE BY A SENTENCE  OF  IMPRI-
 SONMENT  OF  MORE  THAN  THREE  MONTHS AND NONE OF WHICH IS A FELONY. IN
 COMPUTING THE TIME WITHIN WHICH A DEFENDANT MUST BE BROUGHT TO TRIAL FOR
 THE PURPOSES  OF  THIS  SUBDIVISION,  THE  FOLLOWING  PERIODS  SHALL  BE
 EXCLUDED:
   (A) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
 OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
   (B)  ANY  PERIOD  ATTRIBUTABLE  TO  ANY  EXAMINATION  TO DETERMINE THE
 DEFENDANT'S SANITY OR LACK THEREOF OR HIS  OR  HER  MENTAL  OR  PHYSICAL
 COMPETENCY TO STAND TRIAL;
   (C)  ANY  PERIOD  ATTRIBUTABLE  TO  THE  INABILITY OF THE DEFENDANT TO
 PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
 PHYSICAL INCAPACITY; AND
   (D) ANY PERIOD IN WHICH THE DEFENDANT  IS  OTHERWISE  UNAVAILABLE  FOR
 TRIAL.
   3.  IF THE DEFENDANT HAS NOT BEEN BROUGHT TO TRIAL WITHIN THE APPLICA-
 BLE TIME PERIOD ESTABLISHED BY THIS SUBDIVISION, THE DEFENDANT SHALL  BE
 RELEASED OF HIS OR HER OWN RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS
 OF RELEASE PENDING TRIAL, UNLESS:
   (A) THE TRIAL IS IN PROGRESS;
   (B)  THE  TRIAL  HAS  BEEN  DELAYED  BY  THE TIMELY FILING OF MOTIONS,
 EXCLUDING MOTIONS FOR CONTINUANCES; OR
   (C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT.
   § 23. Article 68 of the insurance law is REPEALED.
   § 24. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 258 of the laws of 2015, is amended
 to read as follows:
   (a) If at any time during the defendant's participation in  the  judi-
 cial diversion program, the court has reasonable grounds to believe that
 the  defendant  has violated a release condition or has failed to appear
 before the court as requested, the court shall direct the  defendant  to
 appear  or  issue  a bench warrant to a police officer or an appropriate
 peace officer directing him or her to take the  defendant  into  custody
 and  bring  the  defendant  before  the court without unnecessary delay;
 provided, however, that under no circumstances  shall  a  defendant  who
 requires  treatment  for  opioid  abuse  or dependence be deemed to have
 violated a release condition on the basis of his or her participation in
 medically prescribed drug treatments under the care  of  a  health  care
 professional  licensed  or  certified under title eight of the education
 law, acting within his or her lawful scope of practice.  The  provisions
 of [subdivision one of] section [530.60] 545.50 of this chapter relating
 to  [revocation  of  recognizance  or  bail] ISSUANCE OF SECURING ORDERS
 shall apply to such proceedings under this subdivision.
   § 25. Subdivision 2 of section 620.40 of the criminal procedure law is
 amended to read as follows:
 A. 5033--A                         15
 
   2.  If  the  proceeding  is  adjourned  at  the  prospective  witness'
 instance,  for  the purpose of obtaining counsel or otherwise, the court
 must order him to appear upon the adjourned date.  The court may further
 [fix bail] IMPOSE NON-MONETARY CONDITIONS to secure his appearance  upon
 such date or until the proceeding is completed [and, upon default there-
 of, may commit him to the custody of the sheriff for such period].
   § 26. Subdivisions 2 and 3 of section 620.50 of the criminal procedure
 law are amended to read as follows:
   2.  If the court is satisfied after such hearing that there is reason-
 able  cause to believe that the prospective witness (a) possesses infor-
 mation material to the pending action or proceeding, and (b) will not be
 amenable or respond to a subpoena at a time when his attendance will  be
 sought, it may issue a material witness order, adjudging [him] THE INDI-
 VIDUAL  a material witness and [fixing bail to secure his] RELEASING THE
 INDIVIDUAL ON THE INDIVIDUAL'S OWN RECOGNIZANCE UNLESS THE  COURT  FINDS
 ON  THE  RECORD  THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE
 THE INDIVIDUAL'S COURT ATTENDANCE.   IN SUCH INSTANCES  THE  COURT  WILL
 RELEASE  THE  INDIVIDUAL  UNDER  NON-MONETARY  CONDITIONS, SELECTING THE
 LEAST RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ENSURE  THE  INDIVID-
 UAL'S future attendance.
   3.    [A]  WHEN  A  material  witness  order [must be] IS executed [as
 follows:
   (a)  If the bail is posted and approved], IF  NON-MONETARY  CONDITIONS
 ARE  IMPOSED by the court, the witness must[, as provided in subdivision
 three of section 510.40,] be released and  be  permitted  to  remain  at
 liberty[; provided that, where the bail is posted by a person other than
 the  witness  himself,  he may not be so released except upon his signed
 written consent thereto;
   (b)  If the bail is not posted, or if though posted it is not approved
 by the court, the witness must, as  provided  in  subdivision  three  of
 section 510.40, be committed to the custody of the sheriff].
   §  27.  Section  216  of  the judiciary law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA AND REPORT
 ANNUALLY REGARDING PRETRIAL RELEASE AND DETENTION. SUCH DATA AND  REPORT
 SHALL CONTAIN INFORMATION CATEGORIZED BY GENDER, RACIAL AND ETHNIC BACK-
 GROUND,  REGARDING  THE  NATURE  OF THE CRIMINAL OFFENSES, THE NUMBER OF
 INDIVIDUALS RELEASED ON RECOGNIZANCE, THE NUMBER OF INDIVIDUALS RELEASED
 ON NON-MONETARY CONDITIONS, INCLUDING THE CONDITIONS IMPOSED, THE NUMBER
 OF INDIVIDUALS COMMITTED TO THE CUSTODY OF A SHERIFF PRIOR TO TRIAL, THE
 RATES OF FAILURE TO APPEAR AND REARREST AND ANY OTHER  SUCH  INFORMATION
 AS THE CHIEF ADMINISTRATOR MAY FIND NECESSARY AND APPROPRIATE.
   § 28. This act shall take effect November 1, 2019.