§ 530.30 — Order of recognizance, release under non-monetary conditions or bail; by superior court judge when action is pending in local criminal court

New York § 530.30

• 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. 530: Orders of Recognizance or Bail With Respect to Defendants In Criminal Actions and Proceedings--when and By What Courts Authorized

Text

§ 530.30 Order of recognizance, release under non-monetary conditions or\n bail; by superior court judge when action is pending in\n local criminal court.\n 1. When a criminal action is pending in a local criminal court, other\nthan one consisting of a superior court judge sitting as such, a judge\nof a superior court holding a term thereof in the county, upon\napplication of a defendant, may order recognizance, release under\nnon-monetary conditions or, where authorized, bail when such local\ncriminal court:\n (a) Lacks authority to issue such an order, pursuant to the relevant\nprovisions of section 530.20 of this article; or\n (b) Has denied an application for recognizance, release under\nnon-monetary conditions or bail; or\n (c) Has fixed bail, where authorized, which is excessive; or\n (d) Has set a securing order of release under non-monetary conditions\nwhich are more restrictive than necessary to reasonably assure the\ndefendant's return to court.\n In such case, such superior court judge may vacate the order of such\nlocal criminal court and release the defendant on recognizance or under\nnon-monetary conditions, or where authorized, fix bail in a lesser\namount or in a less burdensome form, or order non-monetary conditions in\nconjunction with fixing bail, including fixing bail in a lesser amount\nor in a less burdensome form, the determination for which shall be made\nin accordance with section 510.10 of this title. The court shall explain\nthe basis for its determination and choice of securing order on the\nrecord or in writing.\n 2. Notwithstanding the provisions of subdivision one of this section,\nwhen the defendant is charged with a felony in a local criminal court, a\nsuperior court judge may not order recognizance, release under\nnon-monetary conditions or, where authorized, bail unless and until the\ndistrict attorney has had an opportunity to be heard in the matter and\nsuch judge and counsel for the defendant have been furnished with a\nreport as described in subparagraph (ii) of paragraph (b) of subdivision\ntwo of section 530.20 of this article.\n 3. Not more than one application may be made pursuant to this section.\n