2012 New York Consolidated Laws
ISC - Insurance
Article 68 - (6801 - 6805) BAIL BONDS
6805 - Charitable bail organization.

 
    §  6805.  Charitable  bail organization. (a)(1) The superintendent may
  issue a certificate to a charitable bail organization to  deposit  money
  as  bail  for  another in accordance with the provisions of this section
  only if such entity is a non-profit organization organized  pursuant  to
  the  United  States  internal  revenue  code  as  described  by  section
  501(c)(3) of title 26 of the United States  code,  is  registered  as  a
  charity  pursuant to article seven-A of the executive law and is current
  on such registration.
    (2) The application for a  charitable  bail  organization  certificate
  shall  be in such form or forms, and shall contain relevant information,
  as the superintendent shall prescribe.
    (3)  The  superintendent  may  refuse  to  issue  a  charitable   bail
  organization  certificate  if,  in  the  superintendent's  judgment,  an
  applicant, or  an  officer  or  director  of  the  applicant,  has:  (A)
  demonstrated  untrustworthiness or incompetence; (B) given cause for the
  revocation or suspension of the certificate; or  (C)  failed  to  comply
  with any prerequisite for the issuance of the certificate.
    (4)  A  charitable  bail organization certificate shall be valid for a
  term of five years from issuance. At the time of application  for  every
  such  certificate, and for every renewal thereof, an applicant shall pay
  to the superintendent a sum of one thousand dollars payable each term or
  fraction of a term, provided, however, that in his  or  her  discretion,
  the superintendent may waive such fee.
    (5)  If an application for a renewal certificate shall have been filed
  with the superintendent before the expiration of such certificate,  then
  the  certificate  sought  to be renewed shall continue in full force and
  effect either until the issuance by the superintendent  or  the  renewal
  certificate  applied  for  or  until  five days after the superintendent
  shall have refused to issue such renewal certificate.
    (6) The superintendent may refuse to renew or may revoke or suspend  a
  charitable   bail  organization  certificate  for  a  reasonable  period
  determined by the superintendent  if,  after  notice  and  hearing,  the
  superintendent  determines  that an applicant or licensee, or an officer
  or  director  of  the  applicant  or  licensee,  has:  (A)  demonstrated
  untrustworthiness   or   incompetence;  (B)  violated  this  section  or
  authorized regulations promulgated thereunder; or  (C)  failed  to  stay
  current with their registration as a charity pursuant to article seven-A
  of  the  executive  law.  Any hearing conducted under this section shall
  comply with the requirements  of  section  three  hundred  five  of  the
  financial services law.
    (b) A charitable bail organization shall:
    (1)  only  deposit money as bail in the amount of two thousand dollars
  or less for a defendant charged with one or more misdemeanors, provided,
  however, that such organization shall not execute as surety any bond for
  any defendant;
    (2) only  deposit  money  as  bail  on  behalf  of  a  person  who  is
  financially  unable  to post bail, which may constitute a portion or the
  whole amount of such bail;
    (3) only deposit money as bail in one county in this state.  Provided,
  however,  that  a  charitable bail organization whose principal place of
  business is located within a city of a million or more may deposit money
  as bail in the five counties comprising such city; and
    (4) not charge a premium or  receive  compensation  for  acting  as  a
  charitable bail organization.
    (c)  The  superintendent  may promulgate regulations implementing this
  section.