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This entry was published on 2020-01-17
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SECTION 510.30
Application for securing order; rules of law and criteria controlling determination
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 510
§ 510.30 Application for securing order; rules of law and criteria

controlling determination.

1. With respect to any principal, the court in all cases, unless
otherwise provided by law, must impose the least restrictive kind and
degree of control or restriction that is necessary to secure 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 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;

(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;

(e) The principal's previous record with respect to flight to avoid
criminal prosecution;

(f) If monetary bail is authorized, according to the restrictions set
forth in this title, the principal's individual financial circumstances,
and, in cases where bail is authorized, the principal's ability to post
bail without posing undue hardship, as well as his or her ability to
obtain a secured, unsecured, or partially secured bond;

(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
following factors:

(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

(ii) the principal's history of use or possession of a firearm; and

(h) If the principal is a defendant, in the case of an application for
a securing order pending appeal, the merit or lack of merit of the
appeal.

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 subdivision one of this
section.

3. When bail or recognizance is ordered, the court shall inform the
principal, if the principal is a defendant charged with the commission
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
principal to the custody of the sheriff in accordance with the
provisions of subdivision two of section 530.60 of this chapter if the
principal commits a subsequent felony while at liberty upon such order.