[ ] is old law to be omitted.
LBD14638-11-8
A. 9955 2
IFIED RESTRICTIONS ON TRAVEL THAT ARE REASONABLY RELATED TO AN ACTUAL
RISK OF INTENTIONAL FLIGHT FROM THE JURISDICTION; THAT THE PRINCIPAL
REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS
WEAPON; THAT, WHEN IT IS SHOWN PURSUANT TO SUBDIVISION FOUR OF SECTION
510.45 OF THIS TITLE THAT NO OTHER REALISTIC MONETARY CONDITION OR SET
OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASONABLY ASSURE THE
PERSON'S RETURN TO COURT, THE PERSON BE PLACED IN REASONABLE PRETRIAL
SUPERVISION WITH A PRETRIAL SERVICES AGENCY SERVING PRINCIPALS IN THAT
COUNTY; THAT, WHEN IT IS SHOWN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
FOUR OF SECTION 510.40 OF THIS TITLE THAT NO OTHER REALISTIC NON-MONE-
TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, THE PRINCIPAL'S LOCATION BE
MONITORED WITH AN APPROVED ELECTRONIC MONITORING DEVICE, IN ACCORDANCE
WITH SUCH SUBDIVISION FOUR OF SECTION 510.40 OF THIS TITLE. A PRINCIPAL
SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE COST OF RELEASE ON
NON-MONETARY CONDITIONS.
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]
THE PRINCIPAL'S person, it orders that [he] THE PRINCIPAL be confined in
the custody of the sheriff during the pendency of the criminal action or
proceeding involved.
5. "Securing order" means an order of a court committing a principal
to the custody of the sheriff[,] or fixing bail, WHERE AUTHORIZED, or
releasing [him on his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance
OR RELEASING THE PRINCIPAL UNDER NON-MONETARY CONDITIONS.
6. "Order of recognizance or bail" means a securing order releasing a
principal on [his] THE PRINCIPAL'S own recognizance OR UNDER NON-MONE-
TARY CONDITIONS or, WHERE AUTHORIZED, fixing bail.
7. "Application for recognizance or bail" means an application by a
principal that the court, instead of committing [him] THE PRINCIPAL to
or retaining [him] THE PRINCIPAL in the custody of the sheriff, either
release [him on his own] THE PRINCIPAL ON THE PRINCIPAL'S OWN recogni-
zance [or], RELEASE UNDER NON-MONETARY CONDITIONS, OR, WHERE AUTHORIZED,
fix bail.
8. "Post bail" means to deposit bail in the amount and form fixed by
the court, with the court or with some other authorized public servant
or agency.
9. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH A CRED-
IT CARD.
§ 2. 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; STANDARD
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, IN ACCORDANCE WITH THIS
TITLE, by a securing order[, either] release [him] THE PRINCIPAL on
[his] THE PRINCIPAL'S own recognizance, RELEASE THE PRINCIPAL UNDER
NON-MONETARY CONDITIONS, OR, WHERE AUTHORIZED, fix bail or commit [him]
THE PRINCIPAL to the custody of the sheriff. IN ALL SUCH CASES, EXCEPT
WHERE ANOTHER TYPE OF SECURING ORDER IS SHOWN TO BE REQUIRED BY LAW, THE
COURT SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
RECOGNIZANCE, UNLESS IT IS DEMONSTRATED AND THE COURT MAKES AN INDIVID-
UALIZED DETERMINATION THAT THE PRINCIPAL IS A SIGNIFICANT RISK OF INTEN-
TIONAL FLIGHT TO AVOID PROSECUTION. IF SUCH A FINDING IS MADE, THE COURT
A. 9955 3
MUST SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR CONDI-
TIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
2. A PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL UNDER THIS
CHAPTER IN PREPARING AN APPLICATION FOR RELEASE, WHEN A SECURING ORDER
IS BEING CONSIDERED AND WHEN A SECURING ORDER IS BEING REVIEWED FOR
MODIFICATION, REVOCATION OR TERMINATION. IF THE PRINCIPAL IS FINANCIALLY
UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRINCIPAL.
3. IN CASES WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
STANDS CHARGED IN THE CASE BEFORE THE COURT OR A PENDING CASE IS AN
OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
NY ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY IN
THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE
OF SECTION 160.10 OF SUCH LAW OR REPORTING A FALSE INCIDENT IN THE
SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW), THE COURT SHALL
RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
UNLESS THE COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE ON THE
PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE PRINCIPAL'S
RETURN TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE PRINCI-
PAL UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST RESTRICTIVE
ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND
CONDITIONS ON THE RECORD OR IN WRITING.
4. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, IN CASES
WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED IN THE CASE
BEFORE THE COURT OR A PENDING CASE IS A FELONY ENUMERATED IN SECTION
70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS DEFINED
IN SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 160.10 OF SUCH
LAW OR REPORTING A FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 240.55 OF SUCH LAW), THE COURT, UNLESS OTHERWISE PROHIBITED BY
LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS, OR FIX BAIL. IN SUCH
INSTANCES, THE COURT SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND
CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE
RECORD OR IN WRITING.
5. IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY SEX OFFENSE
AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
UNDER SECTION 490.10, 490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
490.47, 490.50 OR 490.55 OF THE PENAL LAW, A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
SECTION 215.15, 215.16, OR 215.17 OF THE PENAL LAW, A FELONY OFFENSE
WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS PHYSICAL
INJURY OR DEATH TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHEN THE DEFENDANT WOULD
BE ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF THE PENAL LAW, THE
COURT, UNLESS OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL
PENDING TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT THE
PRINCIPAL TO THE CUSTODY OF THE SHERIFF. IN SUCH INSTANCES, THE COURT
SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT WILL
REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. THE COURT SHALL
EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN
WRITING.
A. 9955 4
6. When a securing order is revoked or otherwise terminated in the
course of an uncompleted action or proceeding but the principal's future
court attendance still is or may be required and [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 order which
committed the principal to the custody of the sheriff, the court shall
give written notification to the sheriff of such revocation or termi-
nation of the securing order.
§ 3. 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.
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] AND
THE principal is confined in the custody of the sheriff as a result of
THE SECURING ORDER OR a previously issued securing order, [he] THE PRIN-
CIPAL may make an application for recognizance, RELEASE UNDER NON-MONE-
TARY CONDITIONS or bail.
2. (A) THE PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL IN THE
MAKING AND PRESENTATION OF SUCH APPLICATION. IF THE PRINCIPAL IS FINAN-
CIALLY UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRIN-
CIPAL.
(B) Upon such application, the principal must be accorded an opportu-
nity to be heard, PRESENT EVIDENCE and to contend that an order of
recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or, WHERE AUTHOR-
IZED, bail must or should issue, that the court should release [him on
his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance OR UNDER NON-MON-
ETARY CONDITIONS rather than fix bail, and that if bail is AUTHORIZED
AND fixed it should be in a suggested amount and form.
§ 4. The criminal procedure law is amended by adding a new section
510.25 to read as follows:
§ 510.25 REHEARING AFTER FIVE DAYS IN CUSTODY.
IN ADDITION TO ANY OTHER AVAILABLE PRE-CONVICTION MOTION OR PROCEDURE,
A PRINCIPAL FOR WHOM BAIL IS AUTHORIZED AND WAS FIXED, OR WHO WAS
REMANDED TO THE CUSTODY OF THE SHERIFF BUT IS LEGALLY ELIGIBLE FOR
RELEASE, AND WHO IS IN CUSTODY FIVE DAYS THEREAFTER SHALL BE BROUGHT
BEFORE THE COURT THE NEXT BUSINESS DAY FOR A REHEARING ON THE SECURING
ORDER. THE COURT SHALL CONSIDER THE MATTER IN ACCORDANCE WITH SECTION
510.10 OF THIS ARTICLE, DE NOVO, INCLUDING THE PRINCIPAL'S INDIVIDUAL
FINANCIAL CIRCUMSTANCES, HEAR FROM THE DEFENSE AND, IF THEY SO DESIRE,
THE PEOPLE, CONSIDER RELEVANT TESTIMONY AND CROSS-EXAMINATION PRESENTED,
CONSIDER ANY RELEVANT, ADMISSIBLE EVIDENCE NOT LEGALLY PRIVILEGED, AND
ORDER A NEW SECURING ORDER IN ACCORDANCE WITH THE PRINCIPLES AND PROCE-
DURES IN THIS ARTICLE. THIS PROCESS SHALL CONTINUE WITH ADDITIONAL
REHEARINGS, HELD PROMPTLY ON REASONABLE WRITTEN REQUEST OF DEFENSE COUN-
SEL, MADE ON NOTICE TO THE PEOPLE.
§ 5. 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.
A. 9955 5
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
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 IN ALL CASES, UNLESS
OTHERWISE PROVIDED BY LAW, must [consider the] IMPOSE THE LEAST RESTRIC-
TIVE kind and degree of control or restriction that is necessary to
secure [his court attendance] THE PRINCIPAL'S RETURN TO COURT 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] INFORMATION ABOUT THE PRINCIPAL THAT IS RELEVANT TO THE
PRINCIPAL'S RETURN TO COURT, INCLUDING:
(A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
(C) THE PRINCIPAL'S criminal CONVICTION record if any PROVIDED THAT
THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT THE TIME THAT HAS
ELAPSED SINCE THE OCCURRENCE OF SUCH CRIME OR CRIMES AND THE AGE OF THE
PRINCIPAL AT THE TIME OF THE OCCURRENCE OF SUCH CRIME OR CRIMES; [and
(v) His] (D) THE PRINCIPAL'S record of previous adjudication as a
juvenile delinquent, as retained pursuant to section 354.2 of the family
court act, or, of pending cases where fingerprints are retained pursuant
to section 306.1 of such act, or a youthful offender, if any PROVIDED
THAT THE COURT MUST ALSO CONSIDER AND TAKE INTO ACCOUNT THE TIME THAT
HAS ELAPSED SINCE THE OCCURRENCE OF SUCH DELINQUENCY OR YOUTHFUL OFFEN-
DER CONDUCT AND THE AGE OF THE PRINCIPAL AT THE TIME OF SUCH DELINQUENCY
OR YOUTHFUL OFFENDER CONDUCT; [and
(vi) His] (e) 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)] (F) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE
RESTRICTIONS SET FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINAN-
CIAL CIRCUMSTANCES;
(G) 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 follow-
ing 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
A. 9955 6
[(B)] (II) the principal's history of use or possession of a firearm;
and
[(viii)] (H) If [he] THE PRINCIPAL is a defendant, [the weight of the
evidence against him 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) If he is a defendant, the sentence which may be or has been
imposed upon conviction].
[(b)] 2. Where 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 [paragraph (a)] SUBDIVI-
SION ONE OF THIS SECTION.
3. When bail or recognizance is ordered, the court shall inform the
principal, if [he] THE PRINCIPAL is a defendant charged with the commis-
sion of a felony, that the release is conditional and that the court may
revoke the order of release and MAY BE AUTHORIZED TO commit the princi-
pal to the custody of the sheriff in accordance with the provisions of
subdivision two of section 530.60 of this chapter if [he] THE PRINCIPAL
commits a subsequent felony while at liberty upon such order.
§ 6. 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] COURT NOTIFI-
CATION TO PRINCIPAL OF CONDITIONS OF RELEASE AND OF ALLEGED
VIOLATIONS OF CONDITIONS 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, OR,
IF BAIL HAS BEEN FIXED, UPON THE POSTING OF BAIL, 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 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 custody or, as the case may
be, that [his] THE PRINCIPAL'S bail be exonerated.
[3.] 2. Upon the issuance of an order fixing bail, WHERE AUTHORIZED,
and upon the posting thereof, the court must examine the bail to deter-
mine 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 disapproval thereof, approve the bail and must issue a
certificate of release, authorizing the principal to be at liberty, and,
if [he] THE PRINCIPAL is in the custody of the sheriff at the time,
directing the sheriff to discharge [him] THE PRINCIPAL therefrom. If
the bail fixed is not posted, or is not approved after being posted, the
court must order that the principal be committed to the custody of the
A. 9955 7
sheriff. IN THE EVENT OF ANY SUCH NON-APPROVAL, THE COURT SHALL EXPLAIN
PROMPTLY IN WRITING THE REASONS THEREFOR.
3. NON-MONETARY CONDITIONS OF RELEASE SHALL BE INDIVIDUALIZED AND
ESTABLISHED IN WRITING BY THE COURT. AT FUTURE COURT APPEARANCES, THE
COURT SHALL CONSIDER A LESSENING OF CONDITIONS OR MODIFICATION OF CONDI-
TIONS TO A LESS BURDENSOME FORM BASED ON THE PRINCIPAL'S COMPLIANCE WITH
SUCH CONDITIONS OF RELEASE. IN THE EVENT OF ALLEGED NON-COMPLIANCE WITH
THE CONDITIONS OF RELEASE IN AN IMPORTANT RESPECT, PURSUANT TO THIS
SUBDIVISION, ADDITIONAL CONDITIONS MAY BE IMPOSED BY THE COURT, ON THE
RECORD OR IN WRITING, ONLY AFTER NOTICE OF THE FACTS AND CIRCUMSTANCES
OF SUCH ALLEGED NON-COMPLIANCE, REASONABLE UNDER THE CIRCUMSTANCES,
AFFORDING THE PRINCIPAL AND THE PRINCIPAL'S ATTORNEY AND THE PEOPLE AN
OPPORTUNITY TO PRESENT RELEVANT, ADMISSIBLE EVIDENCE, RELEVANT WITNESSES
AND TO CROSS-EXAMINE WITNESSES, AND A FINDING BY CLEAR AND CONVINCING
EVIDENCE THAT THE PRINCIPAL VIOLATED A CONDITION OF RELEASE IN AN IMPOR-
TANT RESPECT. FOLLOWING SUCH A FINDING, IN DETERMINING WHETHER TO
IMPOSE ADDITIONAL CONDITIONS FOR NON-COMPLIANCE, THE COURT SHALL CONSID-
ER AND MAY SELECT CONDITIONS CONSISTENT WITH THE COURT'S OBLIGATION TO
IMPOSE THE LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT WILL REASON-
ABLY ASSURE THE DEFENDANT'S RETURN TO COURT. THE COURT SHALL EXPLAIN ON
THE RECORD OR IN WRITING THE REASONS FOR ITS DETERMINATION AND FOR ANY
CHANGES TO THE CONDITIONS IMPOSED.
4. (A) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE ORDERED
ONLY IF THE COURT FINDS, AFTER NOTICE, AN OPPORTUNITY TO BE HEARD AND AN
INDIVIDUALIZED DETERMINATION EXPLAINED ON THE RECORD OR IN WRITING, THAT
NO OTHER REALISTIC NON-MONETARY CONDITION OR SET OF NON-MONETARY CONDI-
TIONS WILL SUFFICE TO REASONABLY ASSURE A PRINCIPAL'S RETURN TO COURT.
(B) THE SPECIFIC METHOD OF ELECTRONIC MONITORING OF THE PRINCIPAL'S
LOCATION MUST BE APPROVED BY THE COURT. IT MUST BE THE LEAST RESTRIC-
TIVE PROCEDURE AND METHOD THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
RETURN TO COURT, AND UNOBTRUSIVE TO THE GREATEST EXTENT PRACTICABLE.
(C) ELECTRONIC MONITORING OF THE LOCATION OF A PRINCIPAL MAY BE
CONDUCTED ONLY BY A PUBLIC ENTITY UNDER THE SUPERVISION AND CONTROL OF A
COUNTY OR MUNICIPALITY OR A NON-PROFIT ENTITY UNDER CONTRACT TO THE
COUNTY, MUNICIPALITY OR THE STATE. A COUNTY OR MUNICIPALITY SHALL BE
AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER COUNTY OR MUNICIPALITY
IN THE STATE TO MONITOR PRINCIPALS UNDER NON-MONETARY CONDITIONS OF
RELEASE IN ITS COUNTY, BUT COUNTIES, MUNICIPALITIES AND THE STATE SHALL
NOT CONTRACT WITH ANY PRIVATE FOR-PROFIT ENTITY FOR SUCH PURPOSES.
(D) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE FOR A MAXI-
MUM PERIOD OF SIXTY DAYS, AND MAY BE RENEWED FOR SUCH PERIOD, AFTER
NOTICE, AN OPPORTUNITY TO BE HEARD AND A DE NOVO, INDIVIDUALIZED DETER-
MINATION IN ACCORDANCE WITH THIS SUBDIVISION, WHICH SHALL BE EXPLAINED
ON THE RECORD OR IN WRITING.
5. IF A PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE COURT
SHALL, ON THE RECORD AND IN AN INDIVIDUALIZED WRITTEN DOCUMENT PROVIDED
TO THE PRINCIPAL, NOTIFY THE PRINCIPAL, IN PLAIN LANGUAGE AND A MANNER
SUFFICIENTLY CLEAR AND SPECIFIC:
(A) OF ANY CONDITIONS TO WHICH THE PRINCIPAL IS SUBJECT, TO SERVE AS A
GUIDE FOR THE PRINCIPAL'S CONDUCT; AND
(B) THAT THE POSSIBLE CONSEQUENCES FOR VIOLATION OF SUCH A CONDITION
MAY INCLUDE REVOCATION OF THE SECURING ORDER AND THE ORDERING OF A MORE
RESTRICTIVE SECURING ORDER.
§ 7. The criminal procedure law is amended by adding a new section
510.43 to read as follows:
§ 510.43 COURT APPEARANCES: ADDITIONAL NOTIFICATIONS.
A. 9955 8
THE COURT OR, UPON DIRECTION OF THE COURT, A CERTIFIED PRETRIAL
SERVICES AGENCY, 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. THE
CHIEF ADMINISTRATOR OF THE COURTS SHALL, PURSUANT TO SUBDIVISION ONE OF
SECTION 10.40 OF THIS CHAPTER, DEVELOP A FORM WHICH SHALL BE OFFERED TO
THE PRINCIPAL AT COURT APPEARANCES. ON SUCH FORM, WHICH UPON COMPLETION
SHALL BE RETAINED IN THE COURT FILE, THE PRINCIPAL MAY SELECT ONE SUCH
PREFERRED MANNER OF NOTICE.
§ 8. The criminal procedure law is amended by adding a new section
510.45 to read as follows:
§ 510.45 PRETRIAL SERVICES AGENCIES.
1. THE OFFICE OF COURT ADMINISTRATION SHALL CERTIFY AND REGULARLY
REVIEW FOR RECERTIFICATION ONE OR MORE PRETRIAL SERVICES AGENCIES IN
EACH COUNTY TO MONITOR PRINCIPALS RELEASED UNDER NON-MONETARY CONDI-
TIONS. SUCH OFFICE SHALL MAINTAIN A LISTING ON ITS PUBLIC WEBSITE IDEN-
TIFYING BY COUNTY EACH PRETRIAL SERVICES AGENCY SO CERTIFIED IN THE
STATE.
2. EVERY SUCH AGENCY SHALL BE A PUBLIC ENTITY UNDER THE SUPERVISION
AND CONTROL OF A COUNTY OR MUNICIPALITY OR A NON-PROFIT ENTITY UNDER
CONTRACT TO THE COUNTY, MUNICIPALITY OR THE STATE. A COUNTY OR MUNICI-
PALITY SHALL BE AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER COUNTY
OR MUNICIPALITY IN THE STATE TO MONITOR PRINCIPALS UNDER NON-MONETARY
CONDITIONS OF RELEASE IN ITS COUNTY, BUT COUNTIES, MUNICIPALITIES AND
THE STATE SHALL NOT CONTRACT WITH ANY PRIVATE FOR-PROFIT ENTITY FOR SUCH
PURPOSES.
3. (A) ANY QUESTIONNAIRE, INSTRUMENT OR TOOL USED WITH A PRINCIPAL IN
THE PROCESS OF CONSIDERING OR DETERMINING THE PRINCIPAL'S POSSIBLE
RELEASE ON RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR ON
BAIL, OR USED WITH A PRINCIPAL IN THE PROCESS OF CONSIDERING OR DETER-
MINING A CONDITION OR CONDITIONS OF RELEASE OR MONITORING BY A PRETRIAL
SERVICES AGENCY, SHALL BE PROMPTLY MADE AVAILABLE TO THE PRINCIPAL AND
THE PRINCIPAL'S COUNSEL UPON WRITTEN REQUEST. ANY SUCH BLANK FORM QUES-
TIONNAIRE, INSTRUMENT OR TOOL REGULARLY USED IN THE COUNTY FOR SUCH
PURPOSE OR A RELATED PURPOSE SHALL BE MADE AVAILABLE TO ANY PERSON
PROMPTLY UPON REQUEST.
(B) ANY SUCH QUESTIONNAIRE, INSTRUMENT OR TOOL SHALL BE:
(I) FREE FROM DISCRIMINATORY AND DISPARATE IMPACT ON DETENTION AND
OTHER OUTCOMES BASED ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, MARI-
TAL STATUS, DISABILITY, OR ANY OTHER CONSTITUTIONALLY PROTECTED CLASS,
REGARDING THE USE THEREOF; AND
(II) EMPIRICALLY VALIDATED AND REGULARLY REVALIDATED, WITH SUCH VALI-
DATION AND REVALIDATION STUDIES AND ALL UNDERLYING DATA, EXCEPT PERSONAL
IDENTIFYING INFORMATION FOR ANY DEFENDANT, PUBLICLY AVAILABLE UPON
REQUEST.
4. MONITORING BY A PRE-TRIAL SERVICES AGENCY MAY BE ORDERED AS A NON-
MONETARY CONDITION PURSUANT TO THIS TITLE ONLY IF THE COURT FINDS, AFTER
NOTICE, AN OPPORTUNITY TO BE HEARD AND AN INDIVIDUALIZED DETERMINATION
EXPLAINED ON THE RECORD OR IN WRITING, THAT NO OTHER REALISTIC NON-MONE-
TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
5. EACH PRETRIAL SERVICE AGENCY CERTIFIED BY THE OFFICE OF COURT
ADMINISTRATION PURSUANT TO THIS SECTION SHALL AT THE END OF EACH YEAR
PREPARE AND FILE WITH SUCH OFFICE AN ANNUAL REPORT, WHICH THE OFFICE
SHALL COMPILE, PUBLISH ON ITS WEBSITE AND MAKE AVAILABLE UPON REQUEST TO
A. 9955 9
MEMBERS OF THE PUBLIC. SUCH REPORTS SHALL NOT INCLUDE ANY PERSONAL IDEN-
TIFYING INFORMATION FOR ANY INDIVIDUAL DEFENDANTS. EACH SUCH REPORT, IN
ADDITION TO OTHER RELEVANT INFORMATION, SHALL SET FORTH, DISAGGREGATED
BY EACH COUNTY SERVED:
(A) THE NUMBER OF DEFENDANTS MONITORED BY THE AGENCY;
(B) THE LENGTH OF TIME (IN MONTHS) EACH SUCH PERSON WAS MONITORED BY
THE AGENCY PRIOR TO ACQUITTAL, DISMISSAL, RELEASE ON RECOGNIZANCE, REVO-
CATION OF RELEASE ON CONDITIONS, AND SENTENCING;
(C) THE RACE, ETHNICITY, AGE AND SEX OF EACH PERSON MONITORED;
(D) THE CRIMES WITH WHICH EACH PERSON MONITORED WAS CHARGED;
(E) THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE CONDITIONS WERE
MODIFIED BY THE COURT, DESCRIBING GENERALLY FOR EACH PERSON OR GROUP OF
PERSONS THE TYPE AND NATURE OF THE CONDITION OR CONDITIONS ADDED OR
REMOVED;
(F) THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE UNDER CONDITIONS
WAS REVOKED BY THE COURT, AND THE BASIS FOR SUCH REVOCATIONS; AND
(G) THE COURT DISPOSITION IN EACH MONITORING CASE, INCLUDING SENTENC-
ING INFORMATION.
§ 9. Section 510.50 of the criminal procedure law is amended to read
as follows:
§ 510.50 Enforcement of securing order.
1. When the attendance of a principal confined in the custody of the
sheriff is required at the criminal action or proceeding at a particular
time and place, the court may compel such attendance by directing the
sheriff to produce [him] THE PRINCIPAL at such time and place. If the
principal is at liberty on [his] THE PRINCIPAL'S own recognizance OR
NON-MONETARY CONDITIONS or on bail, [his] 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.
2. EXCEPT WHEN THE PRINCIPAL IS CHARGED WITH A NEW CRIME WHILE AT
LIBERTY, ABSENT RELEVANT, ADMISSIBLE EVIDENCE DEMONSTRATING THAT A PRIN-
CIPAL'S FAILURE TO APPEAR FOR A SCHEDULED COURT APPEARANCE WAS WILLFUL,
THE COURT, PRIOR TO ISSUING A BENCH WARRANT FOR A FAILURE TO APPEAR FOR
A SCHEDULED COURT APPEARANCE, SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS
NOTICE TO THE PRINCIPAL OR THE PRINCIPAL'S COUNSEL THAT THE PRINCIPAL IS
REQUIRED TO APPEAR, IN ORDER TO GIVE THE PRINCIPAL AN OPPORTUNITY TO
APPEAR VOLUNTARILY.
§ 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
procedure law, as amended by chapter 784 of the laws of 1972, is amended
to read as follows:
(b) The court [may] SHALL direct that the bail be posted in any one of
[two] THREE or more of the forms specified in subdivision one OF THIS
SECTION, designated in the alternative, and may designate different
amounts varying with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE
EITHER AN UNSECURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE
COURT.
§ 11. Section 530.10 of the criminal procedure law is amended to read
as follows:
§ 530.10 Order of recognizance RELEASE UNDER NON-MONETARY CONDITIONS or
bail; in general.
Under circumstances prescribed in this article, a court, upon applica-
tion of a defendant charged with or convicted of an offense, is required
[or authorized to order bail or recognizance] TO ISSUE A SECURING ORDER
A. 9955 10
for [the release or prospective release of] such defendant during the
pendency of either:
1. A criminal action based upon such charge; or
2. An appeal taken by the defendant from a judgment of conviction or
a sentence or from an order of an intermediate appellate court affirming
or modifying a judgment of conviction or a sentence.
§ 12. 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 DE NOVO the
[bail] recommendation AND 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 returnable in the supreme or family court, as applicable, on the
next day such court is in session.
§ 13. 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, RELEASE UNDER NON-MONETARY CONDI-
TIONS or bail and commit the defendant to custody; or
§ 14. 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:
§ 15. Subdivision 11 of section 530.12 of the criminal procedure law,
as amended by chapter 498 of the laws of 1993, the opening paragraph as
amended by chapter 597 of the laws of 1998, paragraph (a) as amended by
chapter 222 of the laws of 1994, paragraph (d) as amended by chapter 644
of the laws of 1996, is amended to read as follows:
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
A. 9955 11
competent proof that the defendant has willfully failed to obey any such
order, the court may:
(a) revoke an order of recognizance OR RELEASE UNDER NON-MONETARY
CONDITIONS or revoke an order of bail or order forfeiture of such bail
and commit the defendant to custody; or
(b) restore the case to the calendar when there has been an adjourn-
ment in contemplation of dismissal and [commit the defendant to custody]
ESTABLISH A SECURING ORDER; 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.
§ 16. 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.
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] SHALL PROCEED 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.] (A) IN CASES WHERE THE MOST SERIOUS OFFENSE WITH WHICH
THE DEFENDANT STANDS CHARGED IN THE CASE BEFORE THE COURT OR A PENDING
CASE IS AN OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW
OR A FELONY ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN
BURGLARY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION
140.25 OF THE PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN
SUBDIVISION ONE OF SECTION 160.10 OF SUCH LAW OR REPORTING A FALSE INCI-
DENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW), THE
COURT SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
RECOGNIZANCE, UNLESS THE COURT FINDS ON THE RECORD OR IN WRITING THAT
RELEASE ON THE PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE
THE PRINCIPAL'S RETURN TO COURT. IN SUCH INSTANCES, THE COURT SHALL
RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST
RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE THE
PRINCIPAL'S RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF
ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
(B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, IN CASES
WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED IN THE CASE
BEFORE THE COURT OR A PENDING CASE IS A FELONY ENUMERATED IN SECTION
70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS DEFINED
IN SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 160.10 OF SUCH
LAW OR REPORTING A FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 240.55 OF SUCH LAW), THE COURT, UNLESS OTHERWISE PROHIBITED BY
LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
A. 9955 12
FIX BAIL. IN SUCH INSTANCES, THE COURT SHALL SELECT THE LEAST RESTRIC-
TIVE ALTERNATIVE THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO
COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS
ON THE RECORD OR IN WRITING.
(C) IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY SEX OFFENSE
AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
UNDER SECTION 490.10, 490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
490.47, 490.50 OR 490.55 OF THE PENAL LAW, A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
SECTION 215.15, 215.16, OR 215.17 OF THE PENAL LAW, A FELONY OFFENSE
WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS PHYSICAL
INJURY OR DEATH TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHICH THE DEFENDANT WOULD
BE ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF THE PENAL LAW, THE
COURT, UNLESS OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL
PENDING TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT THE
PRINCIPAL TO THE CUSTODY OF THE SHERIFF. IN SUCH INSTANCES, THE COURT
SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT WILL
REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. THE COURT SHALL
EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN
WRITING.
2. When the defendant is charged, by felony complaint, with a felony,
the court may, in its discretion, order recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS, or, WHERE AUTHORIZED, bail OR COMMIT THE
DEFENDANT TO THE CUSTODY OF THE SHERIFF except as otherwise provided in
SUBDIVISION ONE OF THIS SECTION OR this subdivision:
(a) A city court, a town court or a village court may not order recog-
nizance or bail when (i) the defendant is charged with a class A felony,
or (ii) [it appears that] the defendant has two previous felony
convictions;
(b) No local criminal court may order recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS or bail with respect to a defendant charged with
a felony unless and until:
(i) The district attorney has been heard in the matter or, after
knowledge or notice of the application and reasonable opportunity to be
heard, has failed to appear at the proceeding or has otherwise waived
his right to do so; and
(ii) The court [has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished
with a report of the division of criminal justice services concerning
the defendant's criminal record, if any, or with a police department
report with respect to the defendant's prior arrest AND CONVICTION
record, IF ANY. If neither report is available, the court, with the
consent of the district attorney, may dispense with this requirement;
provided, however, that in an emergency, including but not limited to a
substantial impairment in the ability of such division or police depart-
ment 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.
§ 17. 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:
A. 9955 13
Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or bail; by
superior court judge when action is pending in local crimi-
nal court.
1. When a criminal action is pending in a local criminal court, other
than one consisting of a superior court judge sitting as such, a judge
of a superior court holding a term thereof in the county, upon applica-
tion of a defendant, may order recognizance, RELEASE UNDER NON-MONETARY
CONDITIONS or, WHERE AUTHORIZED, bail when such local criminal court:
(a) Lacks authority to issue such an order, pursuant to [paragraph (a)
of subdivision two] THE RELEVANT PROVISIONS of section 530.20 OF THIS
ARTICLE; or
(b) Has denied an application for recognizance, RELEASE UNDER NON-MON-
ETARY CONDITIONS or bail; or
(c) Has fixed bail, WHERE AUTHORIZED, which is excessive; OR
(D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
WHICH ARE MORE RESTRICTIVE THAN NECESSARY TO REASONABLY ASSURE THE
DEFENDANT'S RETURN TO COURT.
In such case, such superior court judge may vacate the order of such
local criminal court and release the defendant on [his own] recognizance
OR UNDER NON-MONETARY CONDITIONS, or WHERE AUTHORIZED, fix bail in a
lesser amount or in a less burdensome form, WHICHEVER ARE THE LEAST
RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE THE
DEFENDANT'S RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF
ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
2. Notwithstanding the provisions of subdivision one OF THIS SECTION,
when the defendant is charged with a felony in a local criminal court, a
superior court judge may not order recognizance, RELEASE UNDER NON-MONE-
TARY CONDITIONS or, WHERE AUTHORIZED, bail unless and until the district
attorney has had an opportunity to be heard in the matter and such judge
[has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished with a report as
described in subparagraph (ii) of paragraph (b) of subdivision two of
section 530.20 OF THIS ARTICLE.
§ 18. 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, RELEASE UNDER NON-MONETARY CONDITIONS or
bail; by superior court when action is pending therein.
When a criminal action is pending in a superior court, such court,
upon application of a defendant, must or may order recognizance or bail
as follows:
1. When the defendant is charged with an offense or offenses of less
than felony grade only, the court must, UNLESS OTHERWISE PROVIDED BY
LAW, order recognizance or [bail] RELEASE UNDER NON-MONETARY CONDITIONS
IN ACCORDANCE WITH THIS SECTION.
2. When the defendant is charged with a felony, the court may, in its
discretion, order recognizance [or], RELEASE UNDER NON-MONETARY CONDI-
TIONS OR, WHERE AUTHORIZED, bail. In any such case in which an indict-
ment (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 supe-
rior court judge has issued an order of recognizance [or], RELEASE UNDER
NON-MONETARY CONDITIONS OR, WHERE AUTHORIZED, bail which is still effec-
tive, the superior court's order may be in the form of a direction
continuing the effectiveness of the previous order.
A. 9955 14
3. IN CASES WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
STANDS CHARGED IN THE CASE BEFORE THE COURT OR A PENDING CASE IS AN
OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
NY ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY IN
THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE
OF SECTION 160.10 OF SUCH LAW OR REPORTING A FALSE INCIDENT IN THE
SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW), THE COURT SHALL
RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
UNLESS THE COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE ON THE
PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE PRINCIPAL'S
RETURN TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE PRINCI-
PAL UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST RESTRICTIVE
ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND
CONDITIONS ON THE RECORD OR IN WRITING.
4. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, IN CASES
WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED IN THE CASE
BEFORE THE COURT OR A PENDING CASE IS A FELONY ENUMERATED IN SECTION
70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS DEFINED
IN SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 160.10 OF SUCH
LAW OR REPORTING A FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
SECTION 240.55 OF SUCH LAW) THE COURT, UNLESS OTHERWISE PROHIBITED BY
LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
FIX BAIL, SELECTING THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS
THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. THE COURT
SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD OR
IN WRITING.
5. IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY SEX OFFENSE
AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
UNDER SECTION 490.10, 490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
490.47, 490.50 OR 490.55 OF THE PENAL LAW, A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
SECTION 215.15, 215.16, OR 215.17 OF THE PENAL LAW, A FELONY OFFENSE
WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS PHYSICAL
INJURY OR DEATH TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHICH THE DEFENDANT IS
ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF THE PENAL LAW, THE COURT,
UNLESS OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL PENDING
TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT THE PRINCI-
PAL TO THE CUSTODY OF THE SHERIFF, SELECTING THE LEAST RESTRICTIVE
ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND
CONDITIONS ON THE RECORD OR IN WRITING.
6. Notwithstanding the provisions of [subdivision two] SUBDIVISIONS
TWO, THREE, FOUR AND FIVE OF THIS SECTION, a superior court may not
order recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or, WHERE
AUTHORIZED, bail, or permit a defendant to remain at liberty pursuant to
an existing order, after [he] THE DEFENDANT has been convicted of
either: (a) a class A felony or (b) any class B or class C felony AS
defined in article one hundred thirty of the penal law committed or
attempted to be committed by a person eighteen years of age or older
A. 9955 15
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.] 7. Notwithstanding the provisions of [subdivision two] SUBDIVI-
SIONS TWO, THREE, FOUR AND FIVE OF THIS SECTION, a superior court may
not order recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or, WHERE
AUTHORIZED, bail when the defendant is charged with a felony unless and
until the district attorney has had an opportunity to be heard in the
matter and such court [has] AND COUNSEL FOR THE DEFENDANT HAVE been
furnished with a report as described in subparagraph (ii) of paragraph
(b) of subdivision two of section 530.20 OF THIS ARTICLE.
§ 19. 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, RELEASE UNDER NON-MONETARY
CONDITIONS or bail and the court revokes such order and then [either],
WHERE AUTHORIZED, fixes no bail or fixes bail in a greater amount or in
a more burdensome form than was previously fixed and remands or commits
defendant to the custody of the sheriff, OR ISSUES A MORE RESTRICTIVE
SECURING ORDER, a judge designated in subdivision two OF THIS SECTION,
upon application of the defendant following conviction of an offense
other than a class A felony or a class B or class C felony offense AS
defined in article one hundred thirty of the penal law committed or
attempted to be committed by a person eighteen years of age or older
against a person less than eighteen years of age, and before sentencing,
may issue a securing order and [either] release THE defendant on [his]
THE DEFENDANT'S own recognizance, RELEASE THE DEFENDANT UNDER NON-MONE-
TARY CONDITIONS, or, WHERE AUTHORIZED, fix bail[,] or fix bail in a
lesser amount or in a less burdensome form, OR ISSUE A LESS RESTRICTIVE
SECURING ORDER, than fixed by the court in which the conviction was
entered.
§ 20. Section 530.60 of the criminal procedure law, subdivision 1 as
amended by chapter 565 of the laws of 2011, subdivision 2 as added by
chapter 788 of the laws of 1981 and paragraph (a) of subdivision 2 as
amended by chapter 794 of the laws of 1986, is amended to read as
follows:
§ 530.60 [Order of recognizance or bail; revocation thereof] CERTAIN
MODIFICATIONS OF A SECURING ORDER.
1. Whenever in the course of a criminal action or proceeding a defend-
ant is at liberty as a result of an order of recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS or bail issued pursuant to this chapter, and the
court considers it necessary to review such order, [it] WHETHER DUE TO A
MOTION BY THE PEOPLE OR OTHERWISE, THE COURT may, and EXCEPT AS PROVIDED
IN SUBDIVISION TWO OF SECTION 510.50 OF THIS TITLE CONCERNING A FAILURE
TO APPEAR IN COURT, by a bench warrant if necessary, require the defend-
ant to appear before the court. Upon such appearance, the court, for
good cause shown, may revoke the order of recognizance, RELEASE UNDER
NON-MONETARY CONDITIONS, or bail. If the defendant is entitled to recog-
nizance, RELEASE UNDER NON-MONETARY CONDITIONS, or bail as a matter of
right, the court must issue another such order. If [he or she] THE
DEFENDANT is not, the court may either issue such an order or commit the
defendant to the custody of the sheriff IN ACCORDANCE WITH THIS SECTION.
Where the defendant is committed to the custody of the sheriff and is
held on a felony complaint, a new period as provided in section 180.80
of this chapter shall commence to run from the time of the defendant's
commitment under this subdivision.
A. 9955 16
2. (a) Whenever in the course of a criminal action or proceeding a
defendant charged with the commission of a felony is at liberty as a
result of an order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
TIONS or bail issued pursuant to this article it shall be grounds for
revoking such order that the court finds reasonable cause to believe the
defendant committed one or more specified class A or violent felony
offenses or intimidated a victim or witness in violation of [sections]
SECTION 215.15, 215.16 or 215.17 of the penal law while at liberty.
(B) EXCEPT AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, WHENEVER
IN THE COURSE OF A CRIMINAL ACTION OR PROCEEDING A DEFENDANT CHARGED
WITH THE COMMISSION OF AN OFFENSE IS AT LIBERTY AS A RESULT OF AN ORDER
OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR BAIL ISSUED
PURSUANT TO THIS ARTICLE IT SHALL BE GROUNDS FOR REVOKING SUCH ORDER AND
FIXING BAIL IN SUCH CRIMINAL ACTION OR PROCEEDING WHEN THE COURT HAS
FOUND, BY CLEAR AND CONVINCING EVIDENCE, THAT THE DEFENDANT:
(I) PERSISTENTLY WILLFULLY FAILED TO APPEAR AFTER NOTICE OF SCHEDULED
APPEARANCES IN THE CASE BEFORE THE COURT; OR
(II) VIOLATED AN ORDER OF PROTECTION IN THE MANNER PROHIBITED BY
SUBDIVISION (B), (C) OR (D) OF SECTION 215.51 OF THE PENAL LAW WHILE AT
LIBERTY; OR
(III) STANDS CHARGED IN SUCH CRIMINAL ACTION OR PROCEEDING WITH A SEX
OFFENSE THAT WOULD REQUIRE REGISTRATION AS A SEX OFFENDER PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW AND, AFTER BEING SO CHARGED, COMMIT-
TED ANOTHER SUCH SEX OFFENSE WHILE AT LIBERTY;
(IV) STANDS CHARGED IN SUCH CRIMINAL ACTION OR PROCEEDING WITH A
MISDEMEANOR OR VIOLATION AND, AFTER BEING SO CHARGED, INTIMIDATED A
VICTIM OR WITNESS IN VIOLATION OF SECTION 215.15, 215.16 OR 215.17 OF
THE PENAL LAW WHILE AT LIBERTY; OR
(V) STANDS CHARGED IN SUCH ACTION OR PROCEEDING WITH A FELONY AND,
AFTER BEING SO CHARGED, COMMITTED A FELONY WHILE AT LIBERTY.
(C) Before revoking an order of recognizance, RELEASE UNDER NON-MONE-
TARY CONDITIONS, or bail pursuant to this subdivision, the court must
hold a hearing and shall receive any relevant, admissible evidence not
legally privileged. The defendant may cross-examine witnesses and may
present relevant, admissible evidence on his own behalf. Such hearing
may be consolidated with, and conducted at the same time as, a felony
hearing conducted pursuant to article one hundred eighty of this chap-
ter. A transcript of testimony taken before the grand jury upon presen-
tation of the subsequent offense shall be admissible as evidence during
the hearing. The district attorney may move to introduce grand jury
testimony of a witness in lieu of that witness' appearance at the hear-
ing.
[(b)] (D) Revocation of an order of recognizance, RELEASE UNDER NON-
MONETARY CONDITIONS or bail and A NEW SECURING ORDER FIXING BAIL OR
commitment, AS SPECIFIED IN THIS PARAGRAPH AND pursuant to this subdivi-
sion shall be for the following periods[, either]:
(I) UNDER PARAGRAPH (A) OF THIS SUBDIVISION, REVOCATION OF THE ORDER
OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR, AS THE CASE
MAY BE, BAIL, AND A NEW SECURING ORDER FIXING BAIL OR COMMITTING THE
DEFENDANT TO THE CUSTODY OF THE SHERIFF SHALL BE AS FOLLOWS:
[(i)] (A) For a period not to exceed ninety days exclusive of any
periods of adjournment requested by the defendant; or
[(ii)] (B) Until the charges contained within the accusatory instru-
ment have been reduced or dismissed such that no count remains which
charges the defendant with commission of a felony; or
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[(iii)] (C) Until reduction or dismissal of the charges contained
within the accusatory instrument charging the subsequent offense such
that no count remains which charges the defendant with commission of a
class A or violent felony offense.
Upon expiration of any of the three periods specified within this
[paragraph] SUBPARAGRAPH, whichever is shortest, the court may grant or
deny release upon an order of bail or recognizance in accordance with
the provisions of this article. Upon conviction to an offense the
provisions of article five hundred thirty of this chapter shall
apply[.]; AND
[(c)] (II) UNDER PARAGRAPH (B) OF THIS SUBDIVISION, REVOCATION OF THE
ORDER OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR, AS THE
CASE MAY BE, BAIL SHALL RESULT IN THE ISSUANCE OF A NEW SECURING ORDER
WHICH MAY, IF OTHERWISE AUTHORIZED BY LAW, PERMIT THE PRINCIPAL'S
RELEASE ON RECOGNIZANCE OR RELEASE UNDER NON-MONETARY CONDITIONS, BUT
SHALL ALSO RENDER THE DEFENDANT ELIGIBLE FOR AN ORDER FIXING BAIL
PROVIDED, HOWEVER, THAT IN ACCORDANCE WITH THE PRINCIPLES IN THIS TITLE
THE COURT MUST SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR
CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
NOTHING IN THIS SUBPARAGRAPH SHALL BE INTERPRETED AS SHORTENING THE
PERIOD OF DETENTION, OR REQUIRING OR AUTHORIZING ANY LESS RESTRICTIVE
FORM OF A SECURING ORDER, WHICH MAY BE IMPOSED PURSUANT TO ANY OTHER
LAW.
(E) Notwithstanding the provisions of paragraph (a) OR (B) of this
subdivision a defendant, against whom a felony complaint has been filed
which charges the defendant with commission of a class A or violent
felony offense OR VIOLATION OF SECTION 215.15, 215.16 OR 215.17 OF THE
PENAL LAW committed while he was at liberty as specified therein, may be
committed to the custody of the sheriff pending a revocation hearing for
a period not to exceed seventy-two hours. An additional period not to
exceed seventy-two hours may be granted by the court upon application of
the district attorney upon a showing of good cause or where the failure
to commence the hearing was due to the defendant's request or occurred
with his consent. Such good cause must consist of some compelling fact
or circumstance which precluded conducting the hearing within the
initial prescribed period.
§ 21. 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 IN AN IMPORTANT RESPECT
or has WILLFULLY failed to appear before the court as requested, the
court EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION 510.50 OF THIS
CHAPTER REGARDING A FAILURE TO APPEAR, 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 RELEVANT
provisions of [subdivision one of] section 530.60 of this chapter relat-
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ing to [revocation of recognizance or bail] ISSUANCE OF SECURING ORDERS
shall apply to such proceedings under this subdivision.
§ 22. The opening paragraph of section 240.44 of the criminal proce-
dure law, as added by chapter 558 of the laws of 1982, is amended to
read as follows:
Subject to a protective order, at a pre-trial hearing held in a crim-
inal court at which a witness is called to testify, each party, [at the
conclusion] PRIOR TO THE COMMENCEMENT of the direct examination of each
of its witnesses, shall, upon request of the other party, make available
to that party to the extent not previously disclosed:
§ 23. Section 410.60 of the criminal procedure law, as amended by
chapter 652 of the laws of 2008, is amended to read as follows:
§ 410.60 Appearance before court.
A person who has been taken into custody pursuant to section 410.40 or
section 410.50 of this article for violation of a condition of a
sentence of probation or a sentence of conditional discharge must forth-
with be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit [him] SUCH PERSON to the custody of the sheriff
[or], fix bail, RELEASE SUCH PERSON UNDER NON-MONETARY CONDITIONS or
release such person on [his] SUCH PERSON'S own recognizance for future
appearance at a hearing to be held in accordance with section 410.70 of
this article. If the court does not have reasonable cause to believe
that such person has violated a condition of the sentence, it must
direct that [he] SUCH PERSON be released.
§ 24. Subdivision 3 of section 620.50 of the criminal procedure law is
amended to read as follows:
3. A material witness order must be executed as follows:
(a) If the bail is posted and approved by the court, the witness
must, as provided in subdivision [three] TWO 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] TWO
of section 510.40, be committed to the custody of the sheriff.
§ 25. This act shall take effect on the thirtieth day after it shall
have become a law.