NYS CPL Law

Article 510 - NY Criminal Procedure Law

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• Article 510

 S 510.10 Securing order; when required.
  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, by a securing order, either release him on
  his own recognizance, fix bail or commit  him  to  the  custody  of  the
  sheriff.    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 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
  termination of the securing order.

S 510.15 Commitment of principal under sixteen.
  1.  When  a  principal who is under the age of sixteen is committed to
  the custody of the sheriff the court must direct that the  principal  be
  taken to and lodged in a place certified by the state division for youth
  as  a  juvenile detention facility for the reception of children.  Where
  such a direction is made the sheriff  shall  deliver  the  principal  in
  accordance therewith and such person shall although lodged and cared for
  in  a  juvenile  detention  facility  continue to be deemed to be in the
  custody of the sheriff.  No principal under the age of sixteen  to  whom
  the  provisions  of  this  section  may  apply  shall be detained in any
  prison, jail, lockup, or other place used  for  adults  convicted  of  a
  crime or under arrest and charged with the commission of a crime without
  the  approval  of  the  state  division  for  youth  in the case of each
  principal and the statement of its reasons therefor.  The sheriff  shall
  not  be  liable for any acts done to or by such principal resulting from
  negligence in the detention of and care for  such  principal,  when  the
  principal is not in the actual custody of the sheriff.
    2.  Except  upon  consent of the defendant or for good cause shown, in
  any case in which a  new  securing  order  is  issued  for  a  principal
  previously  committed  to  the  custody  of the sheriff pursuant to this
  section, such order shall further direct  the  sheriff  to  deliver  the
  principal  from  a  juvenile  detention  facility to the person or place
  specified in the order.

S 510.20 Application for recognizance or bail; making and determination
              thereof in general.
  1.    Upon  any  occasion when a court is required to issue a securing
  order with respect to a principal, or at any time when  a  principal  is
  confined  in  the  custody  of  the  sheriff as a result of a previously
  issued securing order, he may make an application  for  recognizance  or
  bail.
    2.    Upon  such  application,  the  principal  must  be  accorded  an
  opportunity to be heard and to contend that an order of recognizance  or
  bail  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.

S 510.30 Application for recognizance or bail; 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
  principal  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 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
  condition;
    (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 criminal record if any; and
    (v)  His  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; and
    (vi) His previous record if any in  responding  to  court  appearances
  when  required  or with respect to flight to avoid criminal prosecution;
  and
    (vii) 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) 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) the principal's history of use or possession of a firearm; and
    (viii) If he 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 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) 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).
    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
  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.

S 510.40 Application for recognizance or bail; determination thereof,
              form of securing order and execution thereof.
  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  own
  recognizance, the court must direct him to appear in the criminal action
  or proceeding involved whenever his attendance may be  required  and  to
  render  himself 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  be
  discharged  from  such  custody 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
  disapproval 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.

S 510.50 Enforcement of securing order.
  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 at such time and place.  If the principal is at
  liberty on his own recognizance  or  on  bail,  his  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.

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