§ 510.40 — Court notification to principal of conditions of release and of alleged violations of conditions of release

New York § 510.40

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title P: Procedures For Securing Attendance At Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--recognizance, Bail and Commitment
• Part 3: Special Proceedings and Miscellaneous Procedures
• Art. 510: Recognizance, Bail and Commitment-- Determination of Application For Recognizance or Bail, Issuance of Securing Orders, and Related Matters

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§ 510.40 Court notification to principal of conditions of release and of\n alleged violations of conditions of release.\n 1. Upon ordering that a principal be released on the principal's own\nrecognizance, or released under non-monetary conditions, or, if bail has\nbeen fixed, upon the posting of bail, the court must direct the\nprincipal to appear in the criminal action or proceeding involved\nwhenever the principal's attendance may be required and to be at all\ntimes amenable to the orders and processes of the court. If such\nprincipal is in the custody of the sheriff or at liberty upon bail at\nthe time of the order, the court must direct that the principal be\ndischarged from such custody or, as the case may be, that the\nprincipal's bail be exonerated.\n 2. Upon the issuance of an order fixing bail, where authorized, and\nupon the posting thereof, the court must examine the bail to determine\nwhether it complies with the order. If it does, the court must, in the\nabsence of some factor or circumstance which in law requires or\nauthorizes disapproval thereof, approve the bail and must issue a\ncertificate of release, authorizing the principal to be at liberty, and,\nif the principal is in the custody of the sheriff at the time, directing\nthe sheriff to discharge the principal therefrom. If the bail fixed is\nnot posted, or is not approved after being posted, the court must order\nthat the principal be committed to the custody of the sheriff. In the\nevent of any such non-approval, the court shall explain promptly in\nwriting the reasons therefor.\n 3. Non-monetary conditions of release shall be individualized and\nestablished in writing by the court. At future court appearances, the\ncourt shall consider a lessening of conditions or modification of\nconditions to a less burdensome form based on the principal's compliance\nwith such conditions of release. In the event of alleged non-compliance\nwith the conditions of release in an important respect, pursuant to this\nsubdivision, additional conditions may be imposed by the court, on the\nrecord or in writing, only after notice of the facts and circumstances\nof such alleged non-compliance, reasonable under the circumstances,\naffording the principal and the principal's attorney and the people an\nopportunity to present relevant, admissible evidence, relevant witnesses\nand to cross-examine witnesses, and a finding by clear and convincing\nevidence that the principal violated a condition of release in an\nimportant respect. Following such a finding, in determining whether to\nimpose additional conditions for non-compliance, the court shall\nconsider and may select conditions as provided for in subdivision\nthree-a of section 500.10 of this title that will reasonably assure the\ndefendant's return to court. The court shall explain on the record or in\nwriting the reasons for its determination and for any changes to the\nconditions imposed.\n 4. (a) Electronic monitoring of a principal's location may be ordered\nonly if the court finds, after notice, an opportunity to be heard and an\nindividualized determination explained on the record or in writing, that\nthe defendant qualifies for electronic monitoring in accordance with\nsubdivision twenty-one of section 500.10 of this title, and no other\nrealistic non-monetary condition or set of non-monetary conditions will\nsuffice to reasonably assure a principal's return to court.\n (b) The specific method of electronic monitoring of the principal's\nlocation must be approved by the court. The procedure and method of such\nelectronic monitoring shall reflect the findings of the individualized\ndetermination warranting such imposition of electronic monitoring to\nreasonably assure the principal's return to court, and shall be\nunobtrusive to the greatest extent practicable.\n (c) Electronic monitoring of the location of a principal may be\nconducted only by a public entity under the supervision and control of a\ncounty or municipality or a non-profit entity under contract to the\ncounty, municipality or the state. A county or municipality shall be\nauthorized to enter into a contract with another county or municipality\nin the state to monitor principals under non-monetary conditions of\nrelease in its county, but counties, municipalities and the state shall\nnot contract with any private for-profit entity for such purposes.\nCounties, municipalities and the state may contract with a private\nfor-profit entity to supply electronic monitoring devices or other\nitems, provided that any interaction with persons under electronic\nmonitoring or the data produced by such monitoring shall be conducted\nsolely by employees of a county, municipality, the state, or a\nnon-profit entity under contract with such county, municipality or the\nstate.\n (d) Electronic monitoring of a principal's location may be for a\nmaximum period of sixty days, and may be renewed for such period, after\nnotice, an opportunity to be heard and a de novo, individualized\ndetermination in accordance with this subdivision, which shall be\nexplained on the record or in writing.\n A defendant subject to electronic location monitoring under this\nsubdivision shall be considered held or confined in custody for purposes\nof section 180.80 of this chapter and shall be considered committed to\nthe custody of the sheriff for purposes of section 170.70 of the\nchapter, as applicable.\n 5. If a principal is released under non-monetary conditions, the court\nshall, on the record and in an individualized written document provided\nto the principal, notify the principal, in plain language and a manner\nsufficiently clear and specific:\n (a) of any conditions to which the principal is subject, to serve as a\nguide for the principal's conduct; and\n (b) that the possible consequences for violation of such a condition\nmay include revocation of the securing order and the ordering of a more\nrestrictive securing order.\n