§ 500.10 — Recognizance, bail and commitment; definitions of terms

New York § 500.10

• 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. 500: Recognizance, Bail and Commitment--definitions of Terms

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§ 500.10 Recognizance, bail and commitment; definitions of terms.\n As used in this title, and in this chapter generally, the following\nterms have the following meanings:\n 1. "Principal" means a defendant in a criminal action or proceeding,\nor a person adjudged a material witness therein, or any other person so\ninvolved therein that the principal may by law be compelled to appear\nbefore a court for the purpose of having such court exercise control\nover the principal's person to secure the principal's future attendance\nat the action or proceeding when required, and who in fact either is\nbefore the court for such purpose or has been before it and been\nsubjected to such control.\n 2. "Release on own recognizance." A court releases a principal on the\nprincipal's own recognizance when, having acquired control over the\nprincipal's person, it permits the principal to be at liberty during the\npendency of the criminal action or proceeding involved upon condition\nthat the principal will appear thereat whenever the principal's\nattendance may be required and will at all times render the principal\namenable to the orders and processes of the court.\n 3. "Fix bail." A court fixes bail when, having acquired control over\nthe person of a principal, it designates a sum of money and stipulates\nthat, if bail in such amount is posted on behalf of the principal and\napproved, it will permit him to be at liberty during the pendency of the\ncriminal action or proceeding involved.\n 3-a. "Release under non-monetary conditions." A court releases a\nprincipal under non-monetary conditions when, having acquired control\nover a person, it authorizes the person to be at liberty during the\npendency of the criminal action or proceeding involved under conditions\nordered by the court. The conditions ordered shall reflect the findings\nof the individualized determination warranting such imposition of\nnon-monetary conditions to reasonably assure the principal's return to\ncourt and reasonably assure the principal's compliance with court\nconditions. A principal shall not be required to pay for any part of the\ncost of release on non-monetary conditions. Such conditions may include,\namong other conditions reasonable under the circumstances:\n (a) that the principal be in contact with a pretrial services agency\nserving principals in that county;\n (b) that the principal abide by reasonable, specified restrictions on\ntravel that are reasonably related to an actual risk of flight from the\njurisdiction, or that the principal surrender his or her passport;\n (c) that the principal refrain from possessing a firearm, destructive\ndevice or other dangerous weapon;\n (d) that, upon a finding in accordance with subdivision four of\nsection 510.45 of this title, the person be placed in reasonable\npretrial supervision with a pretrial services agency serving principals\nin that county, provided, however that where non-monetary conditions are\nimposed in combination with a securing order also fixing bail, the court\nshall not be required to make such separate finding;\n (e) that the principal refrain from associating with certain persons\nwho are connected with the instant charge, including, when appropriate,\nspecified victims, witnesses, or co-defendants;\n (f) that the principal be referred to a pretrial services agency for\nplacement in mandatory programming, including counseling, treatment,\nincluding but not limited to mental health and chemical dependence\ntreatment, and intimate partner violence intervention programs. Where\napplicable, the court may refer the principal to a crisis stabilization\ncenter or direct that the principal be removed to a hospital pursuant to\nsection 9.43 of the mental hygiene law;\n (g) that the principal make diligent efforts to maintain employment,\nhousing, or enrollment in school or educational programming;\n (h) that the principal obey an order of protection issued by the\ncourt, including an order issued pursuant to section 530.11 of this\ntitle;\n (i) that the principal obey conditions set by the court addressed to\nthe safety of a victim of a family offense as defined in section 530.11\nof this title including conditions that may be requested by or on behalf\nof the victim; and\n (j) that, when it is shown pursuant to paragraph (a) of subdivision\nfour of section 510.40 of this title that no other realistic\nnon-monetary condition or set of non-monetary conditions will suffice to\nreasonably assure the principal's return to court, the principal's\nlocation be monitored with an approved electronic monitoring device, in\naccordance with such subdivision four of section 510.40 of this title.\n 3-b. Subdivision three-a of this section presents a non-exclusive list\nof conditions that may be considered and imposed by law, singularly or\nin combination, when reasonable under the circumstances of the\ndefendant, the case, and the situation of the defendant. The court need\nnot necessarily order one or more specific conditions first before\nordering one or more or additional conditions.\n 3-c. (a) "Release for mental health assessment and evaluation." When a\nprincipal appearing before the court appears, by clear and convincing\nevidence, to be mentally ill at the present moment such that if left\nunattended their conduct may result in harm to himself or herself or\nothers, the court may: order as a condition of release under supervision\nthat the principal seek a voluntary psychiatric assessment under section\n9.13 of the mental hygiene law if the principal has a recently\ndocumented history of mental illness or psychiatric hospitalization, and\nthe defense consents to the assessment.\n (b) "Involuntary assessment pending release." When a principal\nappearing before the court appears, by clear and convincing evidence, to\nbe mentally ill at the present moment such that if left unattended their\nconduct may result in immediate serious harm to himself or herself or\nothers, the court may order as a condition of release under supervision\nthat the principal be taken by an entity, including but not limited to,\npretrial services agencies, or another qualified provider, to a local\nhospital for immediate psychiatric assessment involuntarily under\nsection 9.43 of the mental hygiene law if the principal is conducting\nhimself or herself before the court, in such a manner which in a person\nwho is not mentally ill would be deemed disorderly conduct which is\nlikely to result in immediate serious harm to himself or herself or\nothers. The court is also authorized to request peace officers, when\nacting pursuant to their special duties, or police officers, who are\nmembers of an authorized police department or force or of a sheriff's\ndepartment, to take into custody and transport such person to a hospital\nfor determination by the director of community services when such person\nqualifies for admission pursuant to this section. The court may\nauthorize an ambulance service, as defined by subdivision two of section\nthree thousand one of the public health law, to transport such person to\nany hospital specified in subdivision (a) of section 9.39 of the mental\nhygiene law or any comprehensive psychiatric emergency program specified\nin subdivision (a) of section 9.40 of the mental hygiene law, that is\nwilling to receive such person. Upon removal, there shall be a\ndetermination made by the director of such hospital or program whether\nsuch person should be retained therein pursuant to section 9.39 of the\nmental hygiene law. If the principal is hospitalized, at the time of\nrelease the hospital shall complete a discharge plan with linkages to\ncommunity-based mental health treatment, including services that are\nprovided after the individual has stabilized, if applicable and other\ncommunity-based services as may be deemed necessary and appropriate and\nnotify pretrial services agencies and the defense counsel of the\nperson's discharge. Pretrial services agencies are responsible for\nensuring continuity of care for the principal in the community.\n (c) "Pretrial services." Pretrial services agencies shall be required,\nupon the request of the court to provide a summary of the assessment,\nlimited to necessary and relevant information relating to the\nprincipal's completion of an assessment and evaluation, placement,\ntreatment, and discharge from the hospital solely for the purpose of\nensuring compliance with the conditions of release and in accordance\nwith any applicable state and federal confidentiality laws. Conditions\nof release may not be revoked solely based on noncompliance with\ntreatment.\n (d) "Confidential." Any clinical record produced as a part of the\nassessment, services or treatment plans required pursuant to this\nsubdivision shall be considered confidential and shall not be considered\npart of the public record, and access to such records shall be limited\nin accordance with applicable federal and state privacy laws. Such\ninformation shall not be used as part of the criminal proceeding and\nshall be expunged upon the resolution of the case.\n (e) "Referral." Courts shall refer the principal, where appropriate,\nto a judicial diversion program as defined in section 216.00 of this\nchapter or to any other appropriate treatment court.\n 4. "Commit to the custody of the sheriff." A court commits a principal\nto the custody of the sheriff when, having acquired control over the\nprincipal's person, it orders that the principal be confined in the\ncustody of the sheriff during the pendency of the criminal action or\nproceeding involved.\n 5. "Securing order" means an order of a court committing a principal\nto the custody of the sheriff or fixing bail, where authorized, or\nreleasing the principal on the principal's own recognizance or releasing\nthe principal under non-monetary conditions, or, as otherwise authorized\nunder this title, ordering non-monetary conditions in conjunction with\nfixing bail.\n 6. "Order of recognizance or bail" means a securing order releasing a\nprincipal on the principal's own recognizance or under non-monetary\nconditions or, where authorized, fixing bail.\n 7. "Application for recognizance or bail" means an application by a\nprincipal that the court, instead of committing the principal to or\nretaining the principal in the custody of the sheriff, either release\nthe principal on the principal's own recognizance, release under\nnon-monetary conditions, or, where authorized, fix bail.\n 8. "Post bail" means to deposit bail in the amount and form fixed by\nthe court, with the court or with some other authorized public servant\nor agency.\n 9. "Bail" means cash bail, a bail bond or money paid with a credit\ncard.\n 10. "Cash bail" means a sum of money, in the amount designated in an\norder fixing bail, posted by a principal or by another person on his\nbehalf with a court or other authorized public servant or agency, upon\nthe condition that such money will become forfeit to the people of the\nstate of New York if the principal does not comply with the directions\nof a court requiring his attendance at the criminal action or proceeding\ninvolved or does not otherwise render himself amenable to the orders and\nprocesses of the court.\n 11. "Obligor" means a person who executes a bail bond on behalf of a\nprincipal and thereby assumes the undertaking described therein. The\nprincipal himself may be an obligor.\n 12. "Surety" means an obligor who is not a principal.\n 13. "Bail bond" means a written undertaking, executed by one or more\nobligors, that the principal designated in such instrument will, while\nat liberty as a result of an order fixing bail and of the posting of the\nbail bond in satisfaction thereof, appear in a designated criminal\naction or proceeding when his attendance is required and otherwise\nrender himself amenable to the orders and processes of the court, and\nthat in the event that he fails to do so the obligor or obligors will\npay to the people of the state of New York a specified sum of money, in\nthe amount designated in the order fixing bail.\n 14. "Appearance bond" means a bail bond in which the only obligor is\nthe principal.\n 15. "Surety bond" means a bail bond in which the obligor or obligors\nconsist of one or more sureties or of one or more sureties and the\nprincipal.\n 16. "Insurance company bail bond" means a surety bond, executed in the\nform prescribed by the superintendent of financial services, in which\nthe surety-obligor is a corporation licensed by the superintendent of\nfinancial services to engage in the business of executing bail bonds.\n 17. "Secured bail bond" means a bail bond secured by either:\n (a) Personal property which is not exempt from execution and which,\nover and above all liabilities and encumbrances, has a value equal to or\ngreater than the total amount of the undertaking; or\n (b) Real property having a value of at least twice the total amount of\nthe undertaking. For purposes of this paragraph, value of real property\nis determined by either:\n (i) dividing the last assessed value of such property by the last\ngiven equalization rate or in a special assessing unit, as defined in\narticle eighteen of the real property tax law, the appropriate class\nratio established pursuant to section twelve hundred two of such law of\nthe assessing municipality wherein the property is situated and by\ndeducting from the resulting figure the total amount of any liens or\nother encumbrances upon such property; or\n (ii) the value of the property as indicated in a certified appraisal\nreport submitted by a state certified general real estate appraiser duly\nlicensed by the department of state as provided in section one hundred\nsixty-j of the executive law, and by deducting from the appraised value\nthe total amount of any liens or other encumbrances upon such property.\nA lien report issued by a title insurance company licensed under article\nsixty-four of the insurance law, that guarantees the correctness of a\nlien search conducted by it, shall be presumptive proof of liens upon\nthe property.\n 18. "Partially secured bail bond" means a bail bond secured only by a\ndeposit of a sum of money not exceeding ten percent of the total amount\nof the undertaking.\n 19. "Unsecured bail bond" means a bail bond, other than an insurance\ncompany bail bond, not secured by any deposit of or lien upon property.\n 20. "Court" includes, where appropriate, a judge authorized to act as\ndescribed in a particular statute, though not as a court.\n 21. "Qualifies for electronic monitoring," for purposes of subdivision\nfour of section 510.40 of this title, means a person charged with a\nfelony, a misdemeanor crime of domestic violence, a misdemeanor defined\nin article one hundred thirty of the penal law, a crime and the\ncircumstances of paragraph (b) of subdivision two of section 530.60 of\nthis title apply, or any misdemeanor where the defendant stands\npreviously convicted, within the past five years, of a violent felony\noffense as defined in section 70.02 of the penal law. For the purposes\nof this subdivision, in calculating such five year period, any period of\ntime during which the defendant was incarcerated for any reason between\nthe time of the commission of any such previous crime and the time of\ncommission of the present crime shall be excluded and such five year\nperiod shall be extended by a period or periods equal to the time served\nunder such incarceration.\n 22. "Misdemeanor crime of domestic violence," for purposes of\nsubdivision twenty-one of this section, means a misdemeanor under the\npenal law provisions and circumstances described in subdivision one of\nsection 530.11 of this title.\n