2006 New York Code - The Initial Appearance; Release Or Detention.

 
    §  320.5.  The  initial  appearance;  release  or detention. 1. At the
  initial  appearance,  the  court  in  its  discretion  may  release  the
  respondent or direct his detention.
    2.  Rules  of  court  shall define permissible terms and conditions of
  release. The court may in its discretion  release  the  respondent  upon
  such  terms and conditions as it deems appropriate. The respondent shall
  be given a written copy of any such terms and conditions. The court  may
  modify  or  enlarge  such  terms and conditions at any time prior to the
  expiration of the respondent's release.
    3. The court shall not direct detention unless it finds and states the
  facts and reasons for so finding that unless the respondent is detained:
    (a) there is a substantial probability that  he  will  not  appear  in
  court on the return date; or
    (b)  there is a serious risk that he may before the return date commit
  an act which if committed by an adult would constitute a crime.
    4. At the initial appearance the presentment agency may introduce  the
  respondent's previous delinquency findings entered by a family court. If
  the respondent has been fingerprinted for the current charge pursuant to
  section 306.1, the presentment agency may also introduce the fingerprint
  records  maintained  by  the  division of criminal justice services. The
  clerk of court and  the  probation  service  shall  cooperate  with  the
  presentment  agency  in making available the appropriate records. At the
  conclusion of the initial appearance such fingerprint records  shall  be
  returned  to  the presentment agency and shall not be made a part of the
  court record.
    5. Upon a finding of facts and reasons which support a detention order
  pursuant to subdivision three of this  section,  the  court  shall  also
  determine and state in any order directing detention:
    (a)  whether  the  continuation  of the respondent in the respondent's
  home would be contrary to the best interests  of  the  respondent  based
  upon, and limited to, the facts and circumstances available to the court
  at the time of the initial appearance; and
    (b)  where  appropriate and consistent with the need for protection of
  the community, whether reasonable efforts were made prior to the date of
  the court appearance that resulted in  the  detention  order  issued  in
  accordance  with  this  section  to  prevent  or  eliminate the need for
  removal of the respondent from his or her home or, if the respondent had
  been removed from his or her home prior to the initial appearance, where
  appropriate  and  consistent  with  the  need  for  protection  of   the
  community,  whether reasonable efforts were made to make it possible for
  the respondent to safely return home.