NYS CPL Law
Criminal Procedure Law
New York State Consolidated Laws
Article 510 - NY Criminal Procedure Law
RECOGNIZANCE, BAIL AND COMMITMENT-DETERMINATION OF APPLICATION FOR RECOGNIZANCE OR BAIL, ISSUANCE OF SECURING ORDERS, AND RELATED MATTERS
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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