§ 6805 — Charitable bail organization

§ 6805. Charitable bail organization. (a)(1) The superintendent may\nissue a certificate to a charitable bail organization to deposit money\nas bail for another in accordance with the provisions of this section\nonly if such entity is a non-profit organization organized pursuant to\nthe United States internal revenue code as described by section\n501(c)(3) of title 26 of the United States code, is registered as a\ncharity pursuant to article seven-A of the executive law and is current\non such registration.\n (2) The application for a charitable bail organization certificate\nshall be in such form or forms, and shall contain relevant information,\nas the superintendent shall prescribe.\n (3) The superintendent may refuse to issue a charitable bail\norganization certificate if, in the superintendent's judgment, an\napplicant, or an officer or director of the applicant, has: (A)\ndemonstrated untrustworthiness or incompetence; (B) given cause for the\nrevocation or suspension of the certificate; or (C) failed to comply\nwith any prerequisite for the issuance of the certificate.\n (4) A charitable bail organization certificate shall be valid for a\nterm of five years from issuance. At the time of application for every\nsuch certificate, and for every renewal thereof, an applicant shall pay\nto the superintendent a sum of one thousand dollars payable each term or\nfraction of a term, provided, however, that in his or her discretion,\nthe superintendent may waive such fee.\n (5) If an application for a renewal certificate shall have been filed\nwith the superintendent before the expiration of such certificate, then\nthe certificate sought to be renewed shall continue in full force and\neffect either until the issuance by the superintendent or the renewal\ncertificate applied for or until five days after the superintendent\nshall have refused to issue such renewal certificate.\n (6) The superintendent may refuse to renew or may revoke or suspend a\ncharitable bail organization certificate for a reasonable period\ndetermined by the superintendent if, after notice and hearing, the\nsuperintendent determines that an applicant or licensee, or an officer\nor director of the applicant or licensee, has: (A) demonstrated\nuntrustworthiness or incompetence; (B) violated this section or\nauthorized regulations promulgated thereunder; or (C) failed to stay\ncurrent with their registration as a charity pursuant to article seven-A\nof the executive law. Any hearing conducted under this section shall\ncomply with the requirements of section three hundred five of the\nfinancial services law.\n (b) A charitable bail organization shall:\n (1) only deposit money as bail in the amount of two thousand dollars\nor less for a defendant charged with one or more misdemeanors, provided,\nhowever, that such organization shall not execute as surety any bond for\nany defendant;\n (2) only deposit money as bail on behalf of a person who is\nfinancially unable to post bail, which may constitute a portion or the\nwhole amount of such bail;\n (3) only deposit money as bail in one county in this state. Provided,\nhowever, that a charitable bail organization whose principal place of\nbusiness is located within a city of a million or more may deposit money\nas bail in the five counties comprising such city; and\n (4) not charge a premium or receive compensation for acting as a\ncharitable bail organization.\n (c) The superintendent may promulgate regulations implementing this\nsection.\n