§ 500.10 Recognizance, bail and commitment; definitions of terms.

As used in this title, and in this chapter generally, the following
terms have the following meanings:

1. "Principal" means a defendant in a criminal action or proceeding,
or a person adjudged a material witness therein, or any other person so
involved therein that the principal may by law be compelled to appear
before a court for the purpose of having such court exercise control
over the principal's person to secure the principal's future attendance
at the action or proceeding when required, and who in fact either is
before the court for such purpose or has been before it and been
subjected to such control.

2. "Release on own recognizance." A court releases a principal on the
principal's own recognizance when, having acquired control over the
principal's person, it permits the principal to be at liberty during the
pendency of the criminal action or proceeding involved upon condition
that the principal will appear thereat whenever the principal's
attendance may be required and will at all times render the principal
amenable to the orders and processes of the court.

3. "Fix bail." A court fixes bail when, having acquired control over
the person of a principal, it designates a sum of money and stipulates
that, if bail in such amount is posted on behalf of the principal and
approved, it will permit him to be at liberty during the pendency of the
criminal action or proceeding involved.

3-a. "Release under non-monetary conditions." A court releases a
principal under non-monetary conditions when, having acquired control
over a person, it authorizes the person to be at liberty during the
pendency of the criminal action or proceeding involved under conditions
ordered by the court. The conditions ordered shall reflect the findings
of the individualized determination warranting such imposition of
non-monetary conditions to reasonably assure the principal's return to
court and reasonably assure the principal's compliance with court
conditions. A principal shall not be required to pay for any part of the
cost of release on non-monetary conditions. Such conditions may include,
among other conditions reasonable under the circumstances:

(a) that the principal be in contact with a pretrial services agency
serving principals in that county;

(b) that the principal abide by reasonable, specified restrictions on
travel that are reasonably related to an actual risk of flight from the
jurisdiction, or that the principal surrender his or her passport;

(c) that the principal refrain from possessing a firearm, destructive
device or other dangerous weapon;

(d) that, upon a finding in accordance with subdivision four of
section 510.45 of this title, the person be placed in reasonable
pretrial supervision with a pretrial services agency serving principals
in that county, provided, however that where non-monetary conditions are
imposed in combination with a securing order also fixing bail, the court
shall not be required to make such separate finding;

(e) that the principal refrain from associating with certain persons
who are connected with the instant charge, including, when appropriate,
specified victims, witnesses, or co-defendants;

(f) that the principal be referred to a pretrial services agency for
placement in mandatory programming, including counseling, treatment,
including but not limited to mental health and chemical dependence
treatment, and intimate partner violence intervention programs. Where
applicable, the court may refer the principal to a crisis stabilization
center or direct that the principal be removed to a hospital pursuant to
section 9.43 of the mental hygiene law;

(g) that the principal make diligent efforts to maintain employment,
housing, or enrollment in school or educational programming;

(h) that the principal obey an order of protection issued by the
court, including an order issued pursuant to section 530.11 of this
title;

(i) that the principal obey conditions set by the court addressed to
the safety of a victim of a family offense as defined in section 530.11
of this title including conditions that may be requested by or on behalf
of the victim; and

(j) that, when it is shown pursuant to paragraph (a) of subdivision
four of section 510.40 of this title that no other realistic
non-monetary condition or set of non-monetary conditions will suffice to
reasonably 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.

3-b. Subdivision three-a of this section presents a non-exclusive list
of conditions that may be considered and imposed by law, singularly or
in combination, when reasonable under the circumstances of the
defendant, the case, and the situation of the defendant. The court need
not necessarily order one or more specific conditions first before
ordering one or more or additional conditions.

3-c. (a) "Release for mental health assessment and evaluation." When a
principal appearing before the court appears, by clear and convincing
evidence, to be mentally ill at the present moment such that if left
unattended their conduct may result in harm to himself or herself or
others, the court may: order as a condition of release under supervision
that the principal seek a voluntary psychiatric assessment under section
9.13 of the mental hygiene law if the principal has a recently
documented history of mental illness or psychiatric hospitalization, and
the defense consents to the assessment.

(b) "Involuntary assessment pending release." When a principal
appearing before the court appears, by clear and convincing evidence, to
be mentally ill at the present moment such that if left unattended their
conduct may result in immediate serious harm to himself or herself or
others, the court may order as a condition of release under supervision
that the principal be taken by an entity, including but not limited to,
pretrial services agencies, or another qualified provider, to a local
hospital for immediate psychiatric assessment involuntarily under
section 9.43 of the mental hygiene law if the principal is conducting
himself or herself before the court, in such a manner which in a person
who is not mentally ill would be deemed disorderly conduct which is
likely to result in immediate serious harm to himself or herself or
others. The court is also authorized to request peace officers, when
acting pursuant to their special duties, or police officers, who are
members of an authorized police department or force or of a sheriff's
department, to take into custody and transport such person to a hospital
for determination by the director of community services when such person
qualifies for admission pursuant to this section. The court may
authorize an ambulance service, as defined by subdivision two of section
three thousand one of the public health law, to transport such person to
any hospital specified in subdivision (a) of section 9.39 of the mental
hygiene law or any comprehensive psychiatric emergency program specified
in subdivision (a) of section 9.40 of the mental hygiene law, that is
willing to receive such person. Upon removal, there shall be a
determination made by the director of such hospital or program whether
such person should be retained therein pursuant to section 9.39 of the
mental hygiene law. If the principal is hospitalized, at the time of
release the hospital shall complete a discharge plan with linkages to
community-based mental health treatment, including services that are
provided after the individual has stabilized, if applicable and other
community-based services as may be deemed necessary and appropriate and
notify pretrial services agencies and the defense counsel of the
person's discharge. Pretrial services agencies are responsible for
ensuring continuity of care for the principal in the community.

(c) "Pretrial services." Pretrial services agencies shall be required,
upon the request of the court to provide a summary of the assessment,
limited to necessary and relevant information relating to the
principal's completion of an assessment and evaluation, placement,
treatment, and discharge from the hospital solely for the purpose of
ensuring compliance with the conditions of release and in accordance
with any applicable state and federal confidentiality laws. Conditions
of release may not be revoked solely based on noncompliance with
treatment.

(d) "Confidential." Any clinical record produced as a part of the
assessment, services or treatment plans required pursuant to this
subdivision shall be considered confidential and shall not be considered
part of the public record, and access to such records shall be limited
in accordance with applicable federal and state privacy laws. Such
information shall not be used as part of the criminal proceeding and
shall be expunged upon the resolution of the case.

(e) "Referral." Courts shall refer the principal, where appropriate,
to a judicial diversion program as defined in section 216.00 of this
chapter or to any other appropriate treatment court.

4. "Commit to the custody of the sheriff." A court commits a principal
to the custody of the sheriff when, having acquired control over the
principal's person, it orders that the principal be confined in the
custody of the sheriff during the pendency of the criminal action or
proceeding involved.

5. "Securing order" means an order of a court committing a principal
to the custody of the sheriff or fixing bail, where authorized, or
releasing the principal on the principal's own recognizance or releasing
the principal under non-monetary conditions, or, as otherwise authorized
under this title, ordering non-monetary conditions in conjunction with
fixing bail.

6. "Order of recognizance or bail" means a securing order releasing a
principal on the principal's own recognizance or under non-monetary
conditions or, where authorized, fixing bail.

7. "Application for recognizance or bail" means an application by a
principal that the court, instead of committing the principal to or
retaining the principal in the custody of the sheriff, either release
the principal on the principal's own recognizance, 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, a bail bond or money paid with a credit
card.

10. "Cash bail" means a sum of money, in the amount designated in an
order fixing bail, posted by a principal or by another person on his
behalf with a court or other authorized public servant or agency, upon
the condition that such money will become forfeit to the people of the
state of New York if the principal does not comply with the directions
of a court requiring his attendance at the criminal action or proceeding
involved or does not otherwise render himself amenable to the orders and
processes of the court.

11. "Obligor" means a person who executes a bail bond on behalf of a
principal and thereby assumes the undertaking described therein. The
principal himself may be an obligor.

12. "Surety" means an obligor who is not a principal.

13. "Bail bond" means a written undertaking, executed by one or more
obligors, that the principal designated in such instrument will, while
at liberty as a result of an order fixing bail and of the posting of the
bail bond in satisfaction thereof, appear in a designated criminal
action or proceeding when his attendance is required and otherwise
render himself amenable to the orders and processes of the court, and
that in the event that he fails to do so the obligor or obligors will
pay to the people of the state of New York a specified sum of money, in
the amount designated in the order fixing bail.

14. "Appearance bond" means a bail bond in which the only obligor is
the principal.

15. "Surety bond" means a bail bond in which the obligor or obligors
consist of one or more sureties or of one or more sureties and the
principal.

16. "Insurance company bail bond" means a surety bond, executed in the
form prescribed by the superintendent of financial services, in which
the surety-obligor is a corporation licensed by the superintendent of
financial services to engage in the business of executing bail bonds.

17. "Secured bail bond" means a bail bond secured by either:

(a) Personal property which is not exempt from execution and which,
over and above all liabilities and encumbrances, has a value equal to or
greater than the total amount of the undertaking; or

(b) Real property having a value of at least twice the total amount of
the undertaking. For purposes of this paragraph, value of real property
is determined by either:

(i) dividing the last assessed value of such property by the last
given equalization rate or in a special assessing unit, as defined in
article eighteen of the real property tax law, the appropriate class
ratio established pursuant to section twelve hundred two of such law of
the assessing municipality wherein the property is situated and by
deducting from the resulting figure the total amount of any liens or
other encumbrances upon such property; or

(ii) the value of the property as indicated in a certified appraisal
report submitted by a state certified general real estate appraiser duly
licensed by the department of state as provided in section one hundred
sixty-j of the executive law, and by deducting from the appraised value
the total amount of any liens or other encumbrances upon such property.
A lien report issued by a title insurance company licensed under article
sixty-four of the insurance law, that guarantees the correctness of a
lien search conducted by it, shall be presumptive proof of liens upon
the property.

18. "Partially secured bail bond" means a bail bond secured only by a
deposit of a sum of money not exceeding ten percent of the total amount
of the undertaking.

19. "Unsecured bail bond" means a bail bond, other than an insurance
company bail bond, not secured by any deposit of or lien upon property.

20. "Court" includes, where appropriate, a judge authorized to act as
described in a particular statute, though not as a court.

21. "Qualifies for electronic monitoring," for purposes of subdivision
four of section 510.40 of this title, means a person charged with a
felony, a misdemeanor crime of domestic violence, a misdemeanor defined
in article one hundred thirty of the penal law, a crime and the
circumstances of paragraph (b) of subdivision two of section 530.60 of
this title apply, or any misdemeanor where the defendant stands
previously convicted, within the past five years, of a violent felony
offense as defined in section 70.02 of the penal law. For the purposes
of this subdivision, in calculating such five year period, any period of
time during which the defendant was incarcerated for any reason between
the time of the commission of any such previous crime and the time of
commission of the present crime shall be excluded and such five year
period shall be extended by a period or periods equal to the time served
under such incarceration.

22. "Misdemeanor crime of domestic violence," for purposes of
subdivision twenty-one of this section, means a misdemeanor under the
penal law provisions and circumstances described in subdivision one of
section 530.11 of this title.