Legislation

Search OpenLegislation Statutes

This entry was published on 2023-06-09
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 510.20
Application for a change in securing order
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 510
§ 510.20 Application for a change in securing order.

1. Upon any occasion when a court has issued a securing order with
respect to a principal and the principal is confined in the custody of
the sheriff as a result of the securing order or a previously issued
securing order, the principal may make an application for recognizance,
release under non-monetary conditions, bail, a reduction of bail, or
imposition of non-monetary conditions in conjunction with bail or a
reduction of bail.

2. (a) The principal is entitled to representation by counsel in the
making and presentation of such application. If the principal is
financially unable to obtain counsel, counsel shall be assigned to the
principal.

(b) Upon such application, the principal must be accorded an
opportunity to be heard, present evidence and to contend that an order
of recognizance, release under non-monetary conditions or, where
authorized, bail, a reduction of bail, or imposition of non-monetary
conditions in conjunction with bail or a reduction of bail, must or
should issue, that the court should release the principal on the
principal's own recognizance or under non-monetary conditions rather
than fix bail, or where bail has been imposed, reduce the amount of bail
and impose non-monetary conditions, where authorized under this title,
and that if bail is authorized and fixed it should be in a suggested
amount and form.

3. When an application for a change in securing order is brought under
this section and one or more of the charge or charges on which such
securing order was based have been dismissed and/or reduced such that
the securing order is no longer supported by the provisions of section
510.10 of this article, the court shall impose a new securing order in
accordance with such section.