2019 New York Laws
CPL - Criminal Procedure
Part 3 - Special Proceedings and Miscellaneous Procedures
Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--Recognizance, Bail
Article 510 - Recognizance, Bail and Commitment-Determination of Application for Recognizance or Bail, Issuance of Securing Orders, and Related Matters
510.30 - Application for Securing Order; Rules of Law and Criteria Controlling Det Ermination.
* § 510.30 Application for recognizance or bail; rules of law and
criteria controlling determination.
1. Determinations of applications for recognizance or bail are not in
all cases discretionary but are subject to rules, prescribed in article
five hundred thirty and other provisions of law relating to specific
kinds of criminal actions and proceedings, providing (a) that in some
circumstances such an application must as a matter of law be granted,
(b) that in others it must as a matter of law be denied and the
principal committed to or retained in the custody of the sheriff, and
(c) that in others the granting or denial thereof is a matter of
judicial discretion.
2. To the extent that the issuance of an order of recognizance or bail
and the terms thereof are matters of discretion rather than of law, an
application is determined on the basis of the following factors and
criteria: (a) With respect to any principal, the court must consider the kind
and degree of control or restriction that is necessary to secure his
court attendance when required. In determining that matter, the court
must, on the basis of available information, consider and take into
account:
(i) The principal's character, reputation, habits and mental
condition;
(ii) His employment and financial resources; and
(iii) His family ties and the length of his residence if any in the
community; and
(iv) His criminal record if any; and
(v) His record of previous adjudication as a juvenile delinquent, as
retained pursuant to section 354.2 of the family court act, or, of
pending cases where fingerprints are retained pursuant to section 306.1
of such act, or a youthful offender, if any; and
(vi) His previous record if any in responding to court appearances
when required or with respect to flight to avoid criminal prosecution;
and
(vii) Where the principal is charged with a crime or crimes against a
member or members of the same family or household as that term is
defined in subdivision one of section 530.11 of this title, the
following factors:
(A) any violation by the principal of an order of protection issued by
any court for the protection of a member or members of the same family
or household as that term is defined in subdivision one of section
530.11 of this title, whether or not such order of protection is
currently in effect; and
(B) the principal's history of use or possession of a firearm; and
(viii) If he is a defendant, the weight of the evidence against him in
the pending criminal action and any other factor indicating probability
or improbability of conviction; or, in the case of an application for
bail or recognizance pending appeal, the merit or lack of merit of the
appeal; and
(ix) If he is a defendant, the sentence which may be or has been
imposed upon conviction.
(b) Where the principal is a defendant-appellant in a pending appeal
from a judgment of conviction, the court must also consider the
likelihood of ultimate reversal of the judgment. A determination that
the appeal is palpably without merit alone justifies, but does not
require, a denial of the application, regardless of any determination
made with respect to the factors specified in paragraph (a).
3. When bail or recognizance is ordered, the court shall inform the
principal, if he is a defendant charged with the commission of a felony,
that the release is conditional and that the court may revoke the order
of release and commit the principal to the custody of the sheriff in
accordance with the provisions of subdivision two of section 530.60 of
this chapter if he commits a subsequent felony while at liberty upon
such order.
* NB Effective until January 1, 2020
* § 510.30 Application for securing order; rules of law and criteria
controlling determination.
1. With respect to any principal, the court in all cases, unless
otherwise provided by law, must impose the least restrictive kind and
degree of control or restriction that is necessary to secure the
principal's return to court when required. In determining that matter,
the court must, on the basis of available information, consider and take
into account information about the principal that is relevant to the
principal's return to court, including:
(a) The principal's activities and history;
(b) If the principal is a defendant, the charges facing the principal;
(c) The principal's criminal conviction record if any; (d) The
principal's record of previous adjudication as a juvenile delinquent, as
retained pursuant to section 354.2 of the family court act, or, of
pending cases where fingerprints are retained pursuant to section 306.1
of such act, or a youthful offender, if any; (e) The principal's
previous record with respect to flight to avoid criminal prosecution;
(f) If monetary bail is authorized, according to the restrictions set
forth in this title, the principal's individual financial circumstances,
and, in cases where bail is authorized, the principal's ability to post
bail without posing undue hardship, as well as his or her ability to
obtain a secured, unsecured, or partially secured bond;
(g) Where the principal is charged with a crime or crimes against a
member or members of the same family or household as that term is
defined in subdivision one of section 530.11 of this title, the
following factors:
(i) any violation by the principal of an order of protection issued by
any court for the protection of a member or members of the same family
or household as that term is defined in subdivision one of section
530.11 of this title, whether or not such order of protection is
currently in effect; and
(ii) the principal's history of use or possession of a firearm; and
(h) If the principal is a defendant, in the case of an application for
a securing order pending appeal, the merit or lack of merit of the
appeal.
2. Where the principal is a defendant-appellant in a pending appeal
from a judgment of conviction, the court must also consider the
likelihood of ultimate reversal of the judgment. A determination that
the appeal is palpably without merit alone justifies, but does not
require, a denial of the application, regardless of any determination
made with respect to the factors specified in subdivision one of this
section.
3. When bail or recognizance is ordered, the court shall inform the
principal, if the principal is a defendant charged with the commission
of a felony, that the release is conditional and that the court may
revoke the order of release and may be authorized to commit the
principal to the custody of the sheriff in accordance with the
provisions of subdivision two of section 530.60 of this chapter if the
principal commits a subsequent felony while at liberty upon such order.
* NB Effective January 1, 2020
