2021 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
510.40 - Court Notification to Principal of Conditions of Release and of Alleged Violations of Conditions of Release.
§ 510.40 Court notification to principal of conditions of release and of
alleged violations of conditions of release.
1. Upon ordering that a principal be released on the principal's own
recognizance, or released under non-monetary conditions, or, if bail has
been fixed, upon the posting of bail, the court must direct the
principal to appear in the criminal action or proceeding involved
whenever the principal's attendance may be required and to be at all
times amenable to the orders and processes of the court. If such
principal is in the custody of the sheriff or at liberty upon bail at
the time of the order, the court must direct that the principal be
discharged from such custody or, as the case may be, that the
principal's bail be exonerated.
2. Upon the issuance of an order fixing bail, where authorized, and
upon the posting thereof, the court must examine the bail to determine
whether it complies with the order. If it does, the court must, in the
absence of some factor or circumstance which in law requires or
authorizes disapproval thereof, approve the bail and must issue a
certificate of release, authorizing the principal to be at liberty, and,
if the principal is in the custody of the sheriff at the time, directing
the sheriff to discharge the principal therefrom. If the bail fixed is
not posted, or is not approved after being posted, the court must order
that the principal be committed to the custody of the sheriff. In the
event of any such non-approval, the court shall explain promptly in
writing the reasons therefor.
3. Non-monetary conditions of release shall be individualized and
established in writing by the court. At future court appearances, the
court shall consider a lessening of conditions or modification of
conditions to a less burdensome form based on the principal's compliance
with such conditions of release. In the event of alleged non-compliance
with the conditions of release in an important respect, pursuant to this
subdivision, additional conditions may be imposed by the court, on the
record or in writing, only after notice of the facts and circumstances
of such alleged non-compliance, reasonable under the circumstances,
affording the principal and the principal's attorney and the people an
opportunity to present relevant, admissible evidence, relevant witnesses
and to cross-examine witnesses, and a finding by clear and convincing
evidence that the principal violated a condition of release in an
important respect. Following such a finding, in determining whether to
impose additional conditions for non-compliance, the court shall
consider and may select conditions consistent with the court's
obligation to impose the least restrictive condition or conditions that
will reasonably assure the defendant's return to court. The court shall
explain on the record or in writing the reasons for its determination
and for any changes to the conditions imposed.
4. (a) Electronic monitoring of a principal's location may be ordered
only if the court finds, after notice, an opportunity to be heard and an
individualized determination explained on the record or in writing, that
the defendant qualifies for electronic monitoring in accordance with
subdivision twenty-one of section 500.10 of this title, and no other
realistic non-monetary condition or set of non-monetary conditions will
suffice to reasonably assure a principal's return to court. (b) The specific method of electronic monitoring of the principal's
location must be approved by the court. It must be the least restrictive
procedure and method that will reasonably assure the principal's return
to court, and unobtrusive to the greatest extent practicable.
(c) Electronic monitoring of the location of a principal may be
conducted only by a public entity under the supervision and control of a
county or municipality or a non-profit entity under contract to the
county, municipality or the state. A county or municipality shall be
authorized to enter into a contract with another county or municipality
in the state to monitor principals under non-monetary conditions of
release in its county, but counties, municipalities and the state shall
not contract with any private for-profit entity for such purposes.
Counties, municipalities and the state may contract with a private
for-profit entity to supply electronic monitoring devices or other
items, provided that any interaction with persons under electronic
monitoring or the data produced by such monitoring shall be conducted
solely by employees of a county, municipality, the state, or a
non-profit entity under contract with such county, municipality or the
state.
(d) Electronic monitoring of a principal's location may be for a
maximum period of sixty days, and may be renewed for such period, after
notice, an opportunity to be heard and a de novo, individualized
determination in accordance with this subdivision, which shall be
explained on the record or in writing.
A defendant subject to electronic location monitoring under this
subdivision shall be considered held or confined in custody for purposes
of section 180.80 of this chapter and shall be considered committed to
the custody of the sheriff for purposes of section 170.70 of the
chapter, as applicable.
5. If a principal is released under non-monetary conditions, the court
shall, on the record and in an individualized written document provided
to the principal, notify the principal, in plain language and a manner
sufficiently clear and specific:
(a) of any conditions to which the principal is subject, to serve as a
guide for the principal's conduct; and
(b) that the possible consequences for violation of such a condition
may include revocation of the securing order and the ordering of a more
restrictive securing order.
