S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10137--A
                                                         Cal. No. 930
 
                           I N  A S S E M B L Y
 
                              March 16, 2018
                                ___________
 
 Introduced  by  M. of A. WALKER, LENTOL, ROZIC, RYAN, SEAWRIGHT, TAYLOR,
   TITUS, PERRY,  ABINANTI,  WEPRIN,  PEOPLES-STOKES  --  read  once  and
   referred  to  the  Committee  on Codes -- reported and referred to the
   Committee on Ways and Means -- advanced to a  third  reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing
 
 AN  ACT to amend the criminal procedure law, in relation to the issuance
   of securing orders and in relation to making conforming changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 4, 5, 6, 7, 8 and 9 of section 500.10 of
 the  criminal  procedure  law  are  amended and a new subdivision 3-a is
 added to read as follows:
   1. "Principal" means a defendant in a criminal action  or  proceeding,
 or  a person adjudged a material witness therein, or any other person so
 involved therein that [he] THE PRINCIPAL may  by  law  be  compelled  to
 appear  before  a  court  for  the purpose of having such court exercise
 control over [his] THE PRINCIPAL'S person to secure  [his]  THE  PRINCI-
 PAL'S  future  attendance at the action or proceeding when required, and
 who in fact either is before the court for  such  purpose  or  has  been
 before it and been subjected to such control.
   2.  "Release  on  own  recognizance."  A court releases a principal on
 [his] THE PRINCIPAL'S own recognizance  when,  having  acquired  control
 over  [his] THE PRINCIPAL'S person, it permits [him] THE PRINCIPAL to be
 at liberty during the pendency of  the  criminal  action  or  proceeding
 involved  upon  condition  that  [he]  THE PRINCIPAL will appear thereat
 whenever [his] THE PRINCIPAL'S attendance may be required  and  will  at
 all  times  render  [himself]  THE  PRINCIPAL amenable to the orders and
 processes of the court.
   3-A. "RELEASE UNDER NON-MONETARY CONDITIONS." A COURT RELEASES A PRIN-
 CIPAL UNDER NON-MONETARY CONDITIONS WHEN, HAVING ACQUIRED CONTROL OVER A
 PERSON, IT AUTHORIZES THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
 THE CRIMINAL ACTION OR PROCEEDING INVOLVED UNDER CONDITIONS  ORDERED  BY
 THE  COURT,  WHICH  SHALL  BE THE LEAST RESTRICTIVE CONDITIONS THAT WILL
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15153-03-8

 A. 10137--A                         2

 REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. SUCH  CONDITIONS  MAY
 INCLUDE,  AMONG  OTHER  CONDITIONS  REASONABLE  UNDER THE CIRCUMSTANCES:
 THAT THE PRINCIPAL BE IN CONTACT WITH A PRETRIAL SERVICES AGENCY SERVING
 PRINCIPALS IN THAT COUNTY; THAT THE PRINCIPAL ABIDE BY REASONABLE, SPEC-
 IFIED  RESTRICTIONS  ON  TRAVEL THAT ARE REASONABLY RELATED TO AN ACTUAL
 RISK OF INTENTIONAL FLIGHT FROM THE  JURISDICTION;  THAT  THE  PRINCIPAL
 REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS
 WEAPON;  THAT,  WHEN IT IS SHOWN PURSUANT TO SUBDIVISION FOUR OF SECTION
 510.45 OF THIS TITLE THAT NO OTHER REALISTIC MONETARY CONDITION  OR  SET
 OF  NON-MONETARY  CONDITIONS  WILL  SUFFICE  TO  REASONABLY  ASSURE  THE
 PERSON'S RETURN TO COURT, THE PERSON BE PLACED  IN  REASONABLE  PRETRIAL
 SUPERVISION  WITH  A PRETRIAL SERVICES AGENCY SERVING PRINCIPALS IN THAT
 COUNTY; THAT, WHEN IT IS SHOWN PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION
 FOUR  OF  SECTION 510.40 OF THIS TITLE THAT NO OTHER REALISTIC NON-MONE-
 TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, THE PRINCIPAL'S LOCATION BE
 MONITORED WITH AN APPROVED ELECTRONIC MONITORING DEVICE,  IN  ACCORDANCE
 WITH SUCH SUBDIVISION FOUR OF SECTION 510.40 OF THIS TITLE.  A PRINCIPAL
 SHALL  NOT  BE  REQUIRED  TO  PAY FOR ANY PART OF THE COST OF RELEASE ON
 NON-MONETARY CONDITIONS.
   4. "Commit to the custody of the sheriff." A court commits a principal
 to the custody of the sheriff when, having acquired control  over  [his]
 THE PRINCIPAL'S person, it orders that [he] THE PRINCIPAL be confined in
 the custody of the sheriff during the pendency of the criminal action or
 proceeding involved.
   5.  "Securing  order" means an order of a court committing a principal
 to the custody of the sheriff[,] or fixing bail,  WHERE  AUTHORIZED,  or
 releasing [him on his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance
 OR RELEASING THE PRINCIPAL UNDER NON-MONETARY CONDITIONS.
   6.  "Order of recognizance or bail" means a securing order releasing a
 principal on [his] THE PRINCIPAL'S own recognizance OR  UNDER  NON-MONE-
 TARY CONDITIONS or, WHERE AUTHORIZED, fixing bail.
   7.  "Application  for  recognizance or bail" means an application by a
 principal that the court, instead of committing [him] THE  PRINCIPAL  to
 or  retaining  [him] THE PRINCIPAL in the custody of the sheriff, either
 release [him on his own] THE PRINCIPAL ON THE PRINCIPAL'S  OWN  recogni-
 zance [or], RELEASE UNDER NON-MONETARY CONDITIONS, OR, WHERE AUTHORIZED,
 fix bail.
   8.  "Post  bail" means to deposit bail in the amount and form fixed by
 the court, with the court or with some other authorized  public  servant
 or agency.
   9. "Bail" means cash bail [or], a bail bond OR MONEY PAID WITH A CRED-
 IT CARD.
   §  1-a.    Section  500.10 of the criminal procedure law is amended by
 adding two new subdivisions 21 and 22 to read as follows:
   21. "QUALIFIES FOR ELECTRONIC MONITORING," FOR PURPOSES OF SUBDIVISION
 FOUR OF SECTION 510.40 OF THIS TITLE, MEANS  A  PERSON  CHARGED  WITH  A
 FELONY,  A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, A MISDEMEANOR DEFINED
 IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, A CRIME AND THE  CIRCUM-
 STANCES  OF  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION 530.60 OF THIS
 TITLE APPLY, OR ANY MISDEMEANOR WHERE THE  DEFENDANT  STANDS  PREVIOUSLY
 CONVICTED,  WITHIN  THE  PAST FIVE YEARS, OF A VIOLENT FELONY OFFENSE AS
 DEFINED IN SECTION 70.02 OF THE PENAL LAW.  FOR  THE  PURPOSES  OF  THIS
 SUBDIVISION,  IN  CALCULATING  SUCH FIVE YEAR PERIOD, ANY PERIOD OF TIME
 DURING WHICH THE DEFENDANT WAS INCARCERATED FOR ANY REASON  BETWEEN  THE
 TIME  OF  THE  COMMISSION  OF  ANY  SUCH  PREVIOUS CRIME AND THE TIME OF

 A. 10137--A                         3
 
 COMMISSION OF THE PRESENT CRIME SHALL BE EXCLUDED  AND  SUCH  FIVE  YEAR
 PERIOD SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED
 UNDER SUCH INCARCERATION.
   22. "MISDEMEANOR CRIME OF DOMESTIC VIOLENCE," FOR PURPOSES OF SUBDIVI-
 SION TWENTY-ONE OF THIS SECTION, MEANS A MISDEMEANOR UNDER THE PENAL LAW
 PROVISIONS  AND  CIRCUMSTANCES  DESCRIBED  IN SUBDIVISION ONE OF SECTION
 530.11 OF THIS TITLE.
   § 2. Section 510.10 of the criminal procedure law, as amended by chap-
 ter 459 of the laws of 1984, is amended to read as follows:
 § 510.10 Securing order; when required; ALTERNATIVES AVAILABLE; STANDARD
            TO BE APPLIED.
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action  or proceeding is or may be required, [initially] comes under the
 control of a court, such court [must] SHALL,  IN  ACCORDANCE  WITH  THIS
 TITLE,  by  a  securing  order[,  either] release [him] THE PRINCIPAL on
 [his] THE PRINCIPAL'S own  recognizance,  RELEASE  THE  PRINCIPAL  UNDER
 NON-MONETARY  CONDITIONS, OR, WHERE AUTHORIZED, fix bail or commit [him]
 THE PRINCIPAL to the custody of the sheriff.  IN ALL SUCH CASES,  EXCEPT
 WHERE ANOTHER TYPE OF SECURING ORDER IS SHOWN TO BE REQUIRED BY LAW, THE
 COURT  SHALL  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, UNLESS IT IS DEMONSTRATED AND THE COURT MAKES AN  INDIVID-
 UALIZED DETERMINATION THAT THE PRINCIPAL IS A SIGNIFICANT RISK OF INTEN-
 TIONAL FLIGHT TO AVOID PROSECUTION. IF SUCH A FINDING IS MADE, THE COURT
 MUST  SELECT  THE  LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR CONDI-
 TIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
   2. A PRINCIPAL IS ENTITLED TO REPRESENTATION  BY  COUNSEL  UNDER  THIS
 CHAPTER  IN  PREPARING AN APPLICATION FOR RELEASE, WHEN A SECURING ORDER
 IS BEING CONSIDERED AND WHEN A SECURING  ORDER  IS  BEING  REVIEWED  FOR
 MODIFICATION, REVOCATION OR TERMINATION. IF THE PRINCIPAL IS FINANCIALLY
 UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRINCIPAL.
   3.  IN  CASES  WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
 STANDS CHARGED IN THE CASE BEFORE THE COURT OR  A  PENDING  CASE  IS  AN
 OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
 NY  ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
 PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  ONE
 OF  SECTION  160.10  OF  SUCH  LAW  OR REPORTING A FALSE INCIDENT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW) OR A MISDEMEANOR
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, THE COURT  SHALL
 RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
 UNLESS  THE  COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE ON THE
 PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE  PRINCIPAL'S
 RETURN  TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE PRINCI-
 PAL UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE
 ALTERNATIVE  AND  CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
 RETURN TO COURT.  THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE  AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   4.  EXCEPT  AS  PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, IN CASES
 WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS  CHARGED  IN  THE  CASE
 BEFORE  THE  COURT  OR  A PENDING CASE IS A FELONY ENUMERATED IN SECTION
 70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION  160.10  OF  SUCH
 LAW  OR  REPORTING  A  FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.55 OF SUCH LAW) OR A  MISDEMEANOR  DEFINED  IN  ARTICLE  ONE
 HUNDRED  THIRTY OF THE PENAL LAW, THE COURT, UNLESS OTHERWISE PROHIBITED

 A. 10137--A                         4
 
 BY LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS,  OR  FIX  BAIL.  IN  SUCH
 INSTANCES,  THE COURT SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND
 CONDITIONS  THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
 THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON  THE
 RECORD OR IN WRITING.
   5.  IN  CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
 IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY  SEX  OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER  SECTION  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
 490.47, 490.50 OR 490.55 OF THE PENAL LAW,   A CLASS  A  FELONY  OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION  215.15,  215.16,  OR  215.17 OF THE PENAL LAW, A FELONY OFFENSE
 WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS  PHYSICAL
 INJURY  OR  DEATH  TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
 SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHEN THE DEFENDANT  WOULD
 BE  ELIGIBLE  FOR  SENTENCING  UNDER SECTION 70.08 OF THE PENAL LAW, THE
 COURT, UNLESS OTHERWISE PROHIBITED BY LAW, SHALL RELEASE  THE  PRINCIPAL
 PENDING  TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT THE
 PRINCIPAL TO THE CUSTODY OF THE SHERIFF.  IN SUCH INSTANCES,  THE  COURT
 SHALL  SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT WILL
 REASONABLY ASSURE THE PRINCIPAL'S  RETURN  TO  COURT.  THE  COURT  SHALL
 EXPLAIN  ITS  CHOICE  OF  ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN
 WRITING.
   6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE, FOUR AND FIVE
 OF THIS SECTION, WITH RESPECT TO ANY CHARGE FOR WHICH BAIL OR REMAND  IS
 NOT  ORDERED,  AND  FOR WHICH THE COURT WOULD NOT OR COULD NOT OTHERWISE
 REQUIRE BAIL OR REMAND, A DEFENDANT MAY, AT ANY TIME, REQUEST  THAT  THE
 COURT  SET  BAIL  IN  A NOMINAL AMOUNT REQUESTED BY THE DEFENDANT IN THE
 FORM SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 520.10  OF
 THIS TITLE; IF THE COURT IS SATISFIED THAT THE REQUEST IS VOLUNTARY, THE
 COURT SHALL SET SUCH BAIL IN SUCH AMOUNT.
   7.  When  a  securing  order is revoked or otherwise terminated in the
 course of an uncompleted action or proceeding but the principal's future
 court attendance still is or may be required and [he] THE  PRINCIPAL  is
 still under the control of a court, a new securing order must be issued.
 When  the  court  revokes or otherwise terminates a securing order which
 committed the principal to the custody of the sheriff, the  court  shall
 give  written  notification  to the sheriff of such revocation or termi-
 nation of the securing order.
   § 3. Section 510.20 of the criminal procedure law is amended  to  read
 as follows:
 §  510.20    Application  for [recognizance or bail; making and determi-
              nation thereof in general] A CHANGE IN SECURING ORDER.
   1.  Upon any occasion when a court [is required to issue] HAS ISSUED a
 securing order with respect to a principal[, or at any time when a]  AND
 THE  principal  is confined in the custody of the sheriff as a result of
 THE SECURING ORDER OR a previously issued securing order, [he] THE PRIN-
 CIPAL may make an application for recognizance, RELEASE UNDER  NON-MONE-
 TARY CONDITIONS or bail.
   2.   (A) THE PRINCIPAL IS ENTITLED TO REPRESENTATION BY COUNSEL IN THE
 MAKING AND PRESENTATION OF SUCH APPLICATION. IF THE PRINCIPAL IS  FINAN-
 CIALLY  UNABLE TO OBTAIN COUNSEL, COUNSEL SHALL BE ASSIGNED TO THE PRIN-
 CIPAL.
   (B) Upon such application, the principal must be accorded an  opportu-
 nity  to  be  heard,  PRESENT  EVIDENCE  and to contend that an order of

 A. 10137--A                         5
 
 recognizance, RELEASE UNDER NON-MONETARY CONDITIONS  or,  WHERE  AUTHOR-
 IZED,  bail  must or should issue, that the court should release [him on
 his] THE PRINCIPAL ON THE PRINCIPAL'S own recognizance OR UNDER NON-MON-
 ETARY  CONDITIONS  rather  than fix bail, and that if bail is AUTHORIZED
 AND fixed it should be in a suggested amount and form.
   § 4. The criminal procedure law is amended by  adding  a  new  section
 510.25 to read as follows:
 § 510.25 REHEARING AFTER FIVE DAYS IN CUSTODY.
   1.  IN ADDITION TO ANY OTHER AVAILABLE PRE-CONVICTION MOTION OR PROCE-
 DURE, A PRINCIPAL FOR WHOM BAIL IS AUTHORIZED AND WAS FIXED, OR WHO  WAS
 REMANDED  TO  THE  CUSTODY  OF  THE  SHERIFF BUT IS LEGALLY ELIGIBLE FOR
 RELEASE, AND WHO IS IN CUSTODY FIVE DAYS THEREAFTER,  SHALL  BE  BROUGHT
 BEFORE  THE  COURT  THE  NEXT BUSINESS DAY FOR A HEARING ON THE SECURING
 ORDER.
   2. THE PEOPLE MUST ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT THE
 PRINCIPAL POSES A SIGNIFICANT RISK OF INTENTIONAL FLIGHT TO AVOID PROSE-
 CUTION, AND THAT NO CONDITION OR COMBINATION OF CONDITIONS WILL  REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. WHERE THE PRINCIPAL HAS NOT
 BEEN  INDICTED, AND REASONABLE CAUSE HAS NOT PREVIOUSLY BEEN ESTABLISHED
 PURSUANT TO THE RELEVANT PROVISIONS OF SECTIONS 180.60,  180.70,  180.75
 AND  180.80 OF THIS CHAPTER OR THIS SECTION, THE PEOPLE MUST ALSO ESTAB-
 LISH PROBABLE CAUSE THAT THE PRINCIPAL COMMITTED THE CHARGED OFFENSE.
   3. IF THE PEOPLE FAIL PURSUANT TO SUBDIVISION TWO OF THIS  SECTION  TO
 ESTABLISH  THAT  THE  PRINCIPAL  POSES A SIGNIFICANT RISK OF INTENTIONAL
 FLIGHT TO AVOID PROSECUTION AND THAT NO OTHER CONDITION  OR  COMBINATION
 OF CONDITIONS WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT, OR
 IN  A CASE WHERE THERE IS NO INDICTMENT AND NO PREVIOUS FINDING PURSUANT
 TO SECTIONS 180.60, 180.70, 180.75 AND 180.80 OR THIS  SECTION  AND  THE
 PEOPLE FAIL TO ESTABLISH PROBABLE CAUSE THAT THE DEFENDANT COMMITTED THE
 CHARGED  OFFENSE,  THE COURT SHALL, BY A NEW SECURING ORDER, RELEASE THE
 PRINCIPAL ON THE  PRINCIPAL'S  OWN  RECOGNIZANCE  OR,  WHERE  AUTHORIZED
 PURSUANT  TO THIS TITLE AND ARTICLES ONE HUNDRED SEVENTY AND ONE HUNDRED
 EIGHTY OF THIS CHAPTER,  UNDER  NON-MONETARY  CONDITIONS,  EXCEPT  WHERE
 ANOTHER TYPE OF SECURING ORDER IS SHOWN TO BE REQUIRED BY LAW.
   4.  AT  THE  HEARING, THE PRINCIPAL SHALL HAVE THE RIGHT TO BE REPRES-
 ENTED BY COUNSEL AND, IF FINANCIALLY UNABLE TO OBTAIN COUNSEL,  TO  HAVE
 COUNSEL  ASSIGNED.  THE  PRINCIPAL  SHALL  BE AFFORDED AN OPPORTUNITY TO
 TESTIFY, PRESENT WITNESSES, CROSS-EXAMINE WITNESSES WHO  APPEAR  AT  THE
 HEARING  AND  PRESENT  INFORMATION  BY PROFFER OR OTHERWISE.  THE PROSE-
 CUTION MUST PRESENT COMPETENT, RELIABLE EVIDENCE AND  MAY  NOT  RELY  ON
 HEARSAY EVIDENCE TO SATISFY ITS BURDEN.
   5.  PRIOR  TO  THE  HEARING,  IN ADDITION TO THE DISCOVERY REQUIRED BY
 SECTION 240.44 OF THIS CHAPTER, AND SUBJECT TO A PROTECTIVE  ORDER,  THE
 PROSECUTION SHALL DISCLOSE TO THE PRINCIPAL, AND PERMIT THE PRINCIPAL TO
 DISCOVER,  INSPECT,  COPY  OR PHOTOGRAPH, ON AN ONGOING BASIS CONTINUING
 AFTER SUCH HEARING, ALL STATEMENTS AND REPORTS THAT RELATE OR RELATED TO
 THE PROSECUTION'S REQUEST FOR  CONTINUED  DETENTION  WHICH  ARE  IN  THE
 POSSESSION,  CUSTODY OR CONTROL OF THE PROSECUTION, OR PERSONS UNDER THE
 PROSECUTION'S DIRECTION AND CONTROL, INCLUDING:
   A. THE CHARGING DOCUMENTS, SUCH AS THE COMPLAINT AND ANY  INFORMATION,
 AND THE DOCUMENTS AND MATERIALS SUPPORTING THE CHARGING DOCUMENTS;
   B. POLICE AND LAW ENFORCEMENT REPORTS;
   C. ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, AND THE SUBSTANCE OF ALL ORAL STATEMENTS, MADE BY THE PRINCI-
 PAL OR A CO-DEFENDANT;

 A. 10137--A                         6
 
   D. ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING OR
 RECORDING, MADE BY PERSONS WHOM THE PROSECUTOR KNOWS TO HAVE EVIDENCE OR
 INFORMATION  THAT  RELATES TO THE SUBJECT MATTER OF THE CASE OR PROCEED-
 ING;
   E.  ALL STATEMENTS OR REPORTS ON WHICH, AS APPLICABLE, THE PROSECUTION
 INTENDS TO RELY OR RELIED AT THE HEARING; AND
   F. ALL FACTS, EVIDENCE AND INFORMATION  FAVORABLE  TO  THE  PRINCIPAL,
 INCLUDING  BUT  NOT  LIMITED TO INFORMATION THAT TENDS TO NEGATE RISK OF
 FLIGHT OR THE PRINCIPAL'S GUILT OR THAT TENDS TO  MITIGATE  THE  PRINCI-
 PAL'S  CULPABILITY  AS  TO A CHARGED OFFENSE, OR THAT TENDS TO SUPPORT A
 POTENTIAL DEFENSE THERETO, OR THAT TENDS TO SUPPORT A MOTION TO SUPPRESS
 EVIDENCE ON CONSTITUTIONAL OR STATUTORY GROUNDS, OR THAT IS RELEVANT  TO
 A WITNESS'S CREDIBILITY, WITHOUT REGARD TO THE MATERIALITY OF THE INFOR-
 MATION, OR THAT WOULD TEND TO MITIGATE OR REDUCE PUNISHMENT IF THE PRIN-
 CIPAL WERE CONVICTED.
   6.  This  process  shall  continue  with  additional  rehearings, held
 promptly on reasonable written  request  of  defense  counsel,  made  on
 notice to the people.
   § 5. Section 510.30 of the criminal procedure law, subparagraph (v) of
 paragraph  (a) of subdivision 2 as amended by chapter 920 of the laws of
 1982, subparagraph (vi) of paragraph (a) of subdivision 2 as  renumbered
 by  chapter  447  of  the  laws of 1977, subparagraph (vii) as added and
 subparagraphs (viii) and (ix) of  paragraph  (a)  of  subdivision  2  as
 renumbered  by  section  1 of part D of chapter 491 of the laws of 2012,
 and subdivision 3 as added by chapter  788  of  the  laws  of  1981,  is
 amended to read as follows:
 § 510.30 Application for [recognizance or bail] SECURING ORDER; 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 princi-
 pal 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 IN ALL CASES, UNLESS
 OTHERWISE PROVIDED BY LAW, must [consider the] IMPOSE THE LEAST RESTRIC-
 TIVE kind and degree of control or  restriction  that  is  necessary  to
 secure  [his  court  attendance]  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[:
   (i)  The  principal's  character, reputation, habits and mental condi-
 tion;
   (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]  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;

 A. 10137--A                         7
 
   (C) THE PRINCIPAL'S criminal CONVICTION record if  any  PROVIDED  THAT
 THE  COURT  MUST  ALSO  CONSIDER AND TAKE INTO ACCOUNT THE TIME THAT HAS
 ELAPSED SINCE THE OCCURRENCE OF SUCH CRIME OR CRIMES AND THE AGE OF  THE
 PRINCIPAL AT THE TIME OF THE OCCURRENCE OF SUCH CRIME OR CRIMES; [and
   (v)  His]  (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  PROVIDED
 THAT  THE  COURT  MUST ALSO CONSIDER AND TAKE INTO ACCOUNT THE TIME THAT
 HAS ELAPSED SINCE THE OCCURRENCE OF SUCH DELINQUENCY OR YOUTHFUL  OFFEN-
 DER CONDUCT AND THE AGE OF THE PRINCIPAL AT THE TIME OF SUCH DELINQUENCY
 OR YOUTHFUL OFFENDER CONDUCT; [and
   (vi) His] (e) THE PRINCIPAL'S previous record [if any in responding to
 court  appearances  when required or] with respect to INTENTIONAL flight
 to avoid criminal prosecution; [and
   (vii)]  (F)  IF  MONETARY  BAIL  IS  AUTHORIZED,  ACCORDING   TO   THE
 RESTRICTIONS  SET FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINAN-
 CIAL CIRCUMSTANCES;
   (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  follow-
 ing factors:
   [(A)]  (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
   [(B)] (II) the principal's history of use or possession of a  firearm;
 and
   [(viii)]  (H) If [he] THE PRINCIPAL 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] A SECURING ORDER 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)]  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 [paragraph  (a)]  SUBDIVI-
 SION ONE OF THIS SECTION.
   3.  When  bail  or recognizance is ordered, the court shall inform the
 principal, if [he] THE PRINCIPAL is a defendant charged with the commis-
 sion 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  princi-
 pal  to  the custody of the sheriff in accordance with the provisions of
 subdivision two of section 530.60 of this chapter if [he] THE  PRINCIPAL
 commits a subsequent felony while at liberty upon such order.
   §  6.  Section 510.40 of the criminal procedure law is amended to read
 as follows:
 § 510.40  [Application for recognizance or bail; determination  thereof,
              form of securing order and execution thereof] COURT NOTIFI-
              CATION TO PRINCIPAL OF CONDITIONS OF RELEASE AND OF ALLEGED
              VIOLATIONS OF CONDITIONS OF RELEASE.

 A. 10137--A                         8
 
   1.    [An application for recognizance or bail must be determined by a
 securing order which either:
   (a)    Grants  the  application  and releases the principal on his own
 recognizance; or
   (b)  Grants the application and fixes bail; or
   (c)  Denies the application and commits the principal to,  or  retains
 him in, the custody of the sheriff.
   2.]  Upon  ordering  that a principal be released on [his] THE PRINCI-
 PAL'S own recognizance, OR RELEASED UNDER NON-MONETARY  CONDITIONS,  OR,
 IF  BAIL HAS BEEN FIXED, UPON THE POSTING OF BAIL, the court must direct
 [him] THE PRINCIPAL to appear  in  the  criminal  action  or  proceeding
 involved  whenever  [his] THE PRINCIPAL'S attendance may be required and
 to [render himself] 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
 [he] THE PRINCIPAL be discharged from such custody or, as the  case  may
 be, that [his] THE PRINCIPAL'S bail be exonerated.
   [3.]  2.  Upon the issuance of an order fixing bail, WHERE AUTHORIZED,
 and upon the posting thereof, the court must examine the bail to  deter-
 mine 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  [he]  THE  PRINCIPAL  is  in the custody of the sheriff at the time,
 directing the sheriff to discharge [him] 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 CONDI-
 TIONS 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 IMPOR-
 TANT  RESPECT.    FOLLOWING  SUCH  A  FINDING, IN DETERMINING WHETHER TO
 IMPOSE ADDITIONAL CONDITIONS FOR NON-COMPLIANCE, THE COURT SHALL CONSID-
 ER AND MAY SELECT CONDITIONS CONSISTENT WITH THE COURT'S  OBLIGATION  TO
 IMPOSE  THE  LEAST RESTRICTIVE CONDITION OR CONDITIONS THAT WILL REASON-
 ABLY 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.

 A. 10137--A                         9
 
   (B) THE SPECIFIC METHOD OF ELECTRONIC MONITORING  OF  THE  PRINCIPAL'S
 LOCATION  MUST  BE APPROVED BY THE COURT.  IT MUST BE THE LEAST RESTRIC-
 TIVE 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.
   (D) ELECTRONIC MONITORING OF A PRINCIPAL'S LOCATION MAY BE FOR A MAXI-
 MUM  PERIOD  OF  SIXTY  DAYS,  AND MAY BE RENEWED FOR SUCH PERIOD, AFTER
 NOTICE, AN OPPORTUNITY TO BE HEARD AND A DE NOVO, INDIVIDUALIZED  DETER-
 MINATION  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  CHAP-
 TER, 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.
   §  7.  The  criminal  procedure law is amended by adding a new section
 510.43 to read as follows:
 § 510.43 COURT APPEARANCES: ADDITIONAL NOTIFICATIONS.
   THE COURT OR, UPON  DIRECTION  OF  THE  COURT,  A  CERTIFIED  PRETRIAL
 SERVICES AGENCY, SHALL NOTIFY ALL PRINCIPALS RELEASED UNDER NON-MONETARY
 CONDITIONS  AND  ON  RECOGNIZANCE OF ALL COURT APPEARANCES IN ADVANCE BY
 TEXT MESSAGE, TELEPHONE CALL, ELECTRONIC MAIL OR FIRST CLASS  MAIL.  THE
 CHIEF  ADMINISTRATOR OF THE COURTS SHALL, PURSUANT TO SUBDIVISION ONE OF
 SECTION 10.40 OF THIS CHAPTER, DEVELOP A FORM WHICH SHALL BE OFFERED  TO
 THE  PRINCIPAL AT COURT APPEARANCES. ON SUCH FORM, WHICH UPON COMPLETION
 SHALL BE RETAINED IN THE COURT FILE, THE PRINCIPAL MAY SELECT  ONE  SUCH
 PREFERRED MANNER OF NOTICE.
   §  8.  The  criminal  procedure law is amended by adding a new section
 510.45 to read as follows:
 § 510.45 PRETRIAL SERVICES AGENCIES.
   1. THE OFFICE OF COURT  ADMINISTRATION  SHALL  CERTIFY  AND  REGULARLY
 REVIEW  FOR  RECERTIFICATION  ONE  OR MORE PRETRIAL SERVICES AGENCIES IN
 EACH COUNTY TO MONITOR PRINCIPALS  RELEASED  UNDER  NON-MONETARY  CONDI-
 TIONS.  SUCH OFFICE SHALL MAINTAIN A LISTING ON ITS PUBLIC WEBSITE IDEN-
 TIFYING  BY  COUNTY  EACH  PRETRIAL  SERVICES AGENCY SO CERTIFIED IN THE
 STATE.
   2. EVERY SUCH AGENCY SHALL BE 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  MUNICI-
 PALITY  SHALL BE AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER COUNTY

 A. 10137--A                        10
 
 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.
   3.  (A) ANY QUESTIONNAIRE, INSTRUMENT OR TOOL USED WITH A PRINCIPAL IN
 THE PROCESS OF  CONSIDERING  OR  DETERMINING  THE  PRINCIPAL'S  POSSIBLE
 RELEASE  ON  RECOGNIZANCE,  RELEASE  UNDER NON-MONETARY CONDITIONS OR ON
 BAIL, OR USED WITH A PRINCIPAL IN THE PROCESS OF CONSIDERING  OR  DETER-
 MINING  A CONDITION OR CONDITIONS OF RELEASE OR MONITORING BY A PRETRIAL
 SERVICES AGENCY, SHALL BE PROMPTLY MADE AVAILABLE TO THE  PRINCIPAL  AND
 THE PRINCIPAL'S COUNSEL UPON WRITTEN REQUEST.  ANY SUCH BLANK FORM QUES-
 TIONNAIRE,  INSTRUMENT  OR  TOOL  REGULARLY  USED IN THE COUNTY FOR SUCH
 PURPOSE OR A RELATED PURPOSE SHALL  BE  MADE  AVAILABLE  TO  ANY  PERSON
 PROMPTLY UPON REQUEST.
   (B) ANY SUCH QUESTIONNAIRE, INSTRUMENT OR TOOL SHALL BE:
   (I)  FREE  FROM  DISCRIMINATORY  AND DISPARATE IMPACT ON DETENTION AND
 OTHER OUTCOMES BASED ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL
 ORIENTATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX,  MARI-
 TAL  STATUS,  DISABILITY, OR ANY OTHER CONSTITUTIONALLY PROTECTED CLASS,
 REGARDING THE USE THEREOF; AND
   (II) EMPIRICALLY VALIDATED AND REGULARLY REVALIDATED, WITH SUCH  VALI-
 DATION AND REVALIDATION STUDIES AND ALL UNDERLYING DATA, EXCEPT PERSONAL
 IDENTIFYING  INFORMATION  FOR  ANY  DEFENDANT,  PUBLICLY  AVAILABLE UPON
 REQUEST.
   4. MONITORING BY A PRE-TRIAL SERVICES AGENCY MAY BE ORDERED AS A  NON-
 MONETARY CONDITION PURSUANT TO THIS TITLE ONLY IF THE COURT FINDS, AFTER
 NOTICE,  AN  OPPORTUNITY TO BE HEARD AND AN INDIVIDUALIZED DETERMINATION
 EXPLAINED ON THE RECORD OR IN WRITING, THAT NO OTHER REALISTIC NON-MONE-
 TARY CONDITION OR SET OF NON-MONETARY CONDITIONS WILL SUFFICE TO REASON-
 ABLY ASSURE THE PRINCIPAL'S RETURN TO COURT.
   5. EACH PRETRIAL SERVICE AGENCY  CERTIFIED  BY  THE  OFFICE  OF  COURT
 ADMINISTRATION  PURSUANT  TO  THIS SECTION SHALL AT THE END OF EACH YEAR
 PREPARE AND FILE WITH SUCH OFFICE AN ANNUAL  REPORT,  WHICH  THE  OFFICE
 SHALL COMPILE, PUBLISH ON ITS WEBSITE AND MAKE AVAILABLE UPON REQUEST TO
 MEMBERS OF THE PUBLIC. SUCH REPORTS SHALL NOT INCLUDE ANY PERSONAL IDEN-
 TIFYING  INFORMATION FOR ANY INDIVIDUAL DEFENDANTS. EACH SUCH REPORT, IN
 ADDITION TO OTHER RELEVANT INFORMATION, SHALL SET  FORTH,  DISAGGREGATED
 BY EACH COUNTY SERVED:
   (A) THE NUMBER OF DEFENDANTS MONITORED BY THE AGENCY;
   (B)  THE  LENGTH OF TIME (IN MONTHS) EACH SUCH PERSON WAS MONITORED BY
 THE AGENCY PRIOR TO ACQUITTAL, DISMISSAL, RELEASE ON RECOGNIZANCE, REVO-
 CATION OF RELEASE ON CONDITIONS, AND SENTENCING;
   (C) THE RACE, ETHNICITY, AGE AND SEX OF EACH PERSON MONITORED;
   (D) THE CRIMES WITH WHICH EACH PERSON MONITORED WAS CHARGED;
   (E) THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE  CONDITIONS  WERE
 MODIFIED  BY THE COURT, DESCRIBING GENERALLY FOR EACH PERSON OR GROUP OF
 PERSONS THE TYPE AND NATURE OF THE  CONDITION  OR  CONDITIONS  ADDED  OR
 REMOVED;
   (F)  THE NUMBER OF PERSONS MONITORED FOR WHOM RELEASE UNDER CONDITIONS
 WAS REVOKED BY THE COURT, AND THE BASIS FOR SUCH REVOCATIONS; AND
   (G) THE COURT DISPOSITION IN EACH MONITORING CASE, INCLUDING  SENTENC-
 ING INFORMATION.
   §  9.  Section 510.50 of the criminal procedure law is amended to read
 as follows:
 § 510.50 Enforcement of securing order.

 A. 10137--A                        11
 
   1. When the attendance of a principal confined in the custody  of  the
 sheriff is required at the criminal action or proceeding at a particular
 time  and  place,  the court may compel such attendance by directing the
 sheriff to produce [him] THE PRINCIPAL at such time and place.   If  the
 principal  is  at  liberty  on [his] THE PRINCIPAL'S own recognizance OR
 NON-MONETARY CONDITIONS or on bail, [his] THE  PRINCIPAL'S    attendance
 may  be achieved or compelled by various methods, including notification
 and the issuance of a bench warrant, prescribed  by  law  in  provisions
 governing  such matters with respect to the particular kind of action or
 proceeding involved.
   2. EXCEPT WHEN THE PRINCIPAL IS CHARGED WITH  A  NEW  CRIME  WHILE  AT
 LIBERTY, ABSENT RELEVANT, ADMISSIBLE EVIDENCE DEMONSTRATING THAT A PRIN-
 CIPAL'S  FAILURE TO APPEAR FOR A SCHEDULED COURT APPEARANCE WAS WILLFUL,
 THE COURT, PRIOR TO ISSUING A BENCH WARRANT FOR A FAILURE TO APPEAR  FOR
 A  SCHEDULED  COURT APPEARANCE, SHALL PROVIDE AT LEAST FORTY-EIGHT HOURS
 NOTICE TO THE PRINCIPAL OR THE PRINCIPAL'S COUNSEL THAT THE PRINCIPAL IS
 REQUIRED TO APPEAR, IN ORDER TO GIVE THE  PRINCIPAL  AN  OPPORTUNITY  TO
 APPEAR VOLUNTARILY.
   § 10. Paragraph (b) of subdivision 2 of section 520.10 of the criminal
 procedure law, as amended by chapter 784 of the laws of 1972, is amended
 to read as follows:
   (b) The court [may] SHALL direct that the bail be posted in any one of
 [two]  THREE  or  more of the forms specified in subdivision one OF THIS
 SECTION, designated in the  alternative,  and  may  designate  different
 amounts varying with the forms[;], EXCEPT THAT ONE OF THE FORMS SHALL BE
 EITHER AN UNSECURED OR PARTIALLY SECURED SURETY BOND, AS SELECTED BY THE
 COURT.
   §  11. Section 530.10 of the criminal procedure law is amended to read
 as follows:
 § 530.10 Order of recognizance RELEASE UNDER NON-MONETARY CONDITIONS  or
            bail; in general.
   Under circumstances prescribed in this article, a court, upon applica-
 tion of a defendant charged with or convicted of an offense, is required
 [or  authorized to order bail or recognizance] TO ISSUE A SECURING ORDER
 for [the release or prospective release of] such  defendant  during  the
 pendency of either:
   1.  A criminal action based upon such charge; or
   2.   An appeal taken by the defendant from a judgment of conviction or
 a sentence or from an order of an intermediate appellate court affirming
 or modifying a judgment of conviction or a sentence.
   § 12. Subdivision 4 of section 530.11 of the criminal  procedure  law,
 as  added  by  chapter  186  of  the laws of 1997, is amended to read as
 follows:
   4. When a person is arrested for  an  alleged  family  offense  or  an
 alleged  violation  of  an  order  of  protection  or temporary order of
 protection or arrested pursuant to a warrant issued by  the  supreme  or
 family  court, and the supreme or family court, as applicable, is not in
 session, such person shall be brought before a local criminal  court  in
 the  county  of arrest or in the county in which such warrant is return-
 able pursuant to article one hundred twenty of this chapter. Such  local
 criminal  court  may issue any order authorized under subdivision eleven
 of section 530.12 of this article, section one hundred  fifty-four-d  or
 one hundred fifty-five of the family court act or subdivision three-b of
 section  two  hundred  forty or subdivision two-a of section two hundred
 fifty-two of the domestic relations  law,  in  addition  to  discharging
 other  arraignment  responsibilities  as  set  forth in this chapter. In

 A. 10137--A                        12
 
 making such order, the local criminal court shall consider DE  NOVO  the
 [bail] recommendation AND SECURING ORDER, if any, made by the supreme or
 family  court  as  indicated  on  the warrant or certificate of warrant.
 Unless  the  petitioner or complainant requests otherwise, the court, in
 addition to scheduling further criminal proceedings, if  any,  regarding
 such  alleged  family  offense  or violation allegation, shall make such
 matter returnable in the supreme or family court, as applicable, on  the
 next day such court is in session.
   § 13. Paragraph (a) of subdivision 8 of section 530.13 of the criminal
 procedure  law,  as added by chapter 388 of the laws of 1984, is amended
 to read as follows:
   (a) revoke an order of recognizance, RELEASE UNDER NON-MONETARY CONDI-
 TIONS or bail and commit the defendant to custody; or
   § 14. The opening paragraph of subdivision 1 of section 530.13 of  the
 criminal  procedure  law, as amended by chapter 137 of the laws of 2007,
 is amended to read as follows:
   When any criminal action is pending, and the court has  not  issued  a
 temporary  order  of protection pursuant to section 530.12 of this arti-
 cle, the court, in addition to the other powers  conferred  upon  it  by
 this  chapter,  may  for  good  cause  shown  issue a temporary order of
 protection in  conjunction  with  any  securing  order  [committing  the
 defendant to the custody of the sheriff or as a condition of a pre-trial
 release,  or  as  a  condition  of release on bail] or an adjournment in
 contemplation of dismissal. In addition to any other conditions, such an
 order may require that the defendant:
   § 15. Subdivision 11 of section 530.12 of the criminal procedure  law,
 as  amended by chapter 498 of the laws of 1993, the opening paragraph as
 amended by chapter 597 of the laws of 1998, paragraph (a) as amended  by
 chapter 222 of the laws of 1994, paragraph (d) as amended by chapter 644
 of the laws of 1996, is amended to read as follows:
   11. If a defendant is brought before the court for failure to obey any
 lawful order issued under this section, or an order of protection issued
 by  a  court  of competent jurisdiction in another state, territorial or
 tribal jurisdiction, and if, after hearing, the court  is  satisfied  by
 competent proof that the defendant has willfully failed to obey any such
 order, the court may:
   (a)  revoke  an  order  of  recognizance OR RELEASE UNDER NON-MONETARY
 CONDITIONS or revoke an order of bail or order forfeiture of  such  bail
 and commit the defendant to custody; or
   (b)  restore  the case to the calendar when there has been an adjourn-
 ment in contemplation of dismissal and commit the defendant to  custody;
 or
   (c)  revoke  a conditional discharge in accordance with section 410.70
 of this chapter and impose probation supervision or impose a sentence of
 imprisonment in accordance with the penal  law  based  on  the  original
 conviction; or
   (d) revoke probation in accordance with section 410.70 of this chapter
 and  impose  a sentence of imprisonment in accordance with the penal law
 based on the original conviction. In addition, if the act which  consti-
 tutes  the  violation  of  the order of protection or temporary order of
 protection is a crime or a violation the defendant may be  charged  with
 and tried for that crime or violation.
   §  16.  Section  530.20  of  the criminal procedure law, as amended by
 chapter 531 of the laws of 1975, subparagraph (ii) of paragraph  (b)  of
 subdivision  2 as amended by chapter 218 of the laws of 1979, is amended
 to read as follows:

 A. 10137--A                        13

 § 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
              nal court when action is pending therein.
   When  a  criminal  action  is  pending in a local criminal court, such
 court, upon application of a defendant, [must or may order  recognizance
 or bail] SHALL PROCEED as follows:
   1. [When the defendant is charged, by information, simplified informa-
 tion, prosecutor's information or misdemeanor complaint, with an offense
 or  offenses of less than felony grade only, the court must order recog-
 nizance or bail.] (A) IN CASES WHERE THE MOST SERIOUS OFFENSE WITH WHICH
 THE DEFENDANT STANDS CHARGED IN THE CASE BEFORE THE COURT OR  A  PENDING
 CASE IS AN OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW
 OR  A  FELONY  ENUMERATED  IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN
 BURGLARY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO  OF  SECTION
 140.25  OF  THE  PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN
 SUBDIVISION ONE OF SECTION 160.10 OF SUCH LAW OR REPORTING A FALSE INCI-
 DENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW) OR A
 MISDEMEANOR DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW,  THE
 COURT  SHALL  RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, UNLESS THE COURT FINDS ON THE RECORD OR  IN  WRITING  THAT
 RELEASE  ON  THE PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE
 THE PRINCIPAL'S RETURN TO COURT. IN  SUCH  INSTANCES,  THE  COURT  SHALL
 RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST
 RESTRICTIVE  ALTERNATIVE  AND CONDITIONS THAT WILL REASONABLY ASSURE THE
 PRINCIPAL'S RETURN TO COURT. THE  COURT  SHALL  EXPLAIN  ITS  CHOICE  OF
 ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
   (B)  EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, IN CASES
 WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS  CHARGED  IN  THE  CASE
 BEFORE  THE  COURT  OR  A PENDING CASE IS A FELONY ENUMERATED IN SECTION
 70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION  160.10  OF  SUCH
 LAW  OR  REPORTING  A  FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.55 OF SUCH LAW) OR A  MISDEMEANOR  DEFINED  IN  ARTICLE  ONE
 HUNDRED  THIRTY OF THE PENAL LAW, THE COURT, UNLESS OTHERWISE PROHIBITED
 BY LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
 FIX BAIL. IN SUCH INSTANCES, THE COURT SHALL SELECT THE  LEAST  RESTRIC-
 TIVE  ALTERNATIVE  THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO
 COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND  CONDITIONS
 ON THE RECORD OR IN WRITING.
   (C)  IN CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
 IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY  SEX  OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER  SECTION  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
 490.47, 490.50 OR 490.55 OF THE PENAL LAW,  A  CLASS  A  FELONY  OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION  215.15,  215.16,  OR  215.17 OF THE PENAL LAW, A FELONY OFFENSE
 WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS  PHYSICAL
 INJURY  OR  DEATH  TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
 SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHICH THE DEFENDANT WOULD
 BE ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF  THE  PENAL  LAW,  THE
 COURT,  UNLESS  OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL
 PENDING TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT  THE
 PRINCIPAL  TO  THE CUSTODY OF THE SHERIFF.  IN SUCH INSTANCES, THE COURT
 SHALL SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT  WILL
 REASONABLY  ASSURE  THE  PRINCIPAL'S  RETURN  TO  COURT. THE COURT SHALL

 A. 10137--A                        14
 
 EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON  THE  RECORD  OR  IN
 WRITING.
   (D)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A), (B) AND (C) OF
 THIS SUBDIVISION, WITH RESPECT TO ANY CHARGE FOR WHICH BAIL OR REMAND IS
 NOT ORDERED, AND FOR WHICH THE COURT WOULD NOT OR  COULD  NOT  OTHERWISE
 REQUIRE  BAIL  OR REMAND, A DEFENDANT MAY, AT ANY TIME, REQUEST THAT THE
 COURT SET BAIL IN A NOMINAL AMOUNT REQUESTED BY  THE  DEFENDANT  IN  THE
 FORM  SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 520.10 OF
 THIS TITLE; IF THE COURT IS SATISFIED THAT THE REQUEST IS VOLUNTARY, THE
 COURT SHALL SET SUCH BAIL IN SUCH AMOUNT.
   2. When the defendant is charged, by felony complaint, with a  felony,
 the  court  may,  in  its  discretion, order recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS,  or,  WHERE  AUTHORIZED,  bail  OR  COMMIT  THE
 DEFENDANT  TO THE CUSTODY OF THE SHERIFF except as otherwise provided in
 SUBDIVISION ONE OF THIS SECTION OR this subdivision:
   (a) A city court, a town court or a village court may not order recog-
 nizance or bail when (i) the defendant is charged with a class A felony,
 or (ii)  [it  appears  that]  the  defendant  has  two  previous  felony
 convictions;
   (b)  No  local  criminal  court  may order recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS or bail with respect to a defendant charged with
 a felony unless and until:
   (i)  The district attorney has been heard  in  the  matter  or,  after
 knowledge  or notice of the application and reasonable opportunity to be
 heard, has failed to appear at the proceeding or  has  otherwise  waived
 his right to do so; and
   (ii) The court [has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished
 with  a  report  of the division of criminal justice services concerning
 the defendant's criminal record, if any, or  with  a  police  department
 report  with  respect  to  the  defendant's  prior arrest AND CONVICTION
 record, IF ANY.  If neither report is available,  the  court,  with  the
 consent  of  the  district attorney, may dispense with this requirement;
 provided, however, that in an emergency, including but not limited to  a
 substantial impairment in the ability of such division or police depart-
 ment  to  timely furnish such report, such consent shall not be required
 if, for reasons stated on the record, the court  deems  it  unnecessary.
 When  the  court  has  been furnished with any such report or record, it
 shall furnish a copy thereof to counsel for the  defendant  or,  if  the
 defendant is not represented by counsel, to the defendant.
   §  17.  The section heading and subdivisions 1 and 2 of section 530.30
 of the criminal procedure law, subdivision 2 as amended by  chapter  762
 of the laws of 1971, are amended to read as follows:
 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or bail; by
              superior court judge when action is pending in local crimi-
              nal court.
   1.  When a criminal action is pending in a local criminal court, other
 than one consisting of a superior court judge sitting as such,  a  judge
 of  a superior court holding a term thereof in the county, upon applica-
 tion of a defendant, may order recognizance, RELEASE UNDER  NON-MONETARY
 CONDITIONS or, WHERE AUTHORIZED, bail when such local criminal court:
   (a) Lacks authority to issue such an order, pursuant to [paragraph (a)
 of  subdivision  two]  THE RELEVANT PROVISIONS of section 530.20 OF THIS
 ARTICLE; or
   (b) Has denied an application for recognizance, RELEASE UNDER NON-MON-
 ETARY CONDITIONS or bail; or
   (c) Has fixed bail, WHERE AUTHORIZED, which is excessive; OR

 A. 10137--A                        15
 
   (D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY  CONDITIONS
 WHICH  ARE  MORE  RESTRICTIVE  THAN  NECESSARY  TO REASONABLY ASSURE THE
 DEFENDANT'S RETURN TO COURT.
   In  such  case, such superior court judge may vacate the order of such
 local criminal court and release the defendant on [his own] recognizance
 OR UNDER NON-MONETARY CONDITIONS, or WHERE AUTHORIZED,  fix  bail  in  a
 lesser  amount  or  in  a  less burdensome form, WHICHEVER ARE THE LEAST
 RESTRICTIVE ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY  ASSURE  THE
 DEFENDANT'S  RETURN  TO  COURT.  THE  COURT  SHALL EXPLAIN ITS CHOICE OF
 ALTERNATIVE AND CONDITIONS ON THE RECORD OR IN WRITING.
   2.  Notwithstanding the provisions of subdivision one OF THIS SECTION,
 when the defendant is charged with a felony in a local criminal court, a
 superior court judge may not order recognizance, RELEASE UNDER NON-MONE-
 TARY CONDITIONS or, WHERE AUTHORIZED, bail unless and until the district
 attorney has had an opportunity to be heard in the matter and such judge
 [has] AND COUNSEL FOR THE DEFENDANT HAVE been furnished with a report as
 described in subparagraph (ii) of paragraph (b) of  subdivision  two  of
 section 530.20 OF THIS ARTICLE.
   §  18.  Section 530.40 of the criminal procedure law, subdivision 3 as
 amended by chapter 264 of the laws of 2003, and subdivision 4 as amended
 by chapter 762 of the laws of 1971, is amended to read as follows:
 § 530.40 Order of recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or
            bail; by superior court when action is pending therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application of a defendant, must or may order recognizance or bail
 as follows:
   1. When the defendant is charged with an offense or offenses  of  less
 than  felony  grade  only,  the court must, UNLESS OTHERWISE PROVIDED BY
 LAW, order recognizance or [bail] RELEASE UNDER NON-MONETARY  CONDITIONS
 IN ACCORDANCE WITH THIS SECTION.
   2.  When the defendant is charged with a felony, the court may, in its
 discretion, order recognizance [or], RELEASE UNDER  NON-MONETARY  CONDI-
 TIONS  OR,  WHERE AUTHORIZED, bail. In any such case in which an indict-
 ment (a) has resulted from an order of a local  criminal  court  holding
 the  defendant  for  the action of the grand jury, or (b) was filed at a
 time when a felony complaint charging the same conduct was pending in  a
 local  criminal court, and in which such local criminal court or a supe-
 rior court judge has issued an order of recognizance [or], RELEASE UNDER
 NON-MONETARY CONDITIONS OR, WHERE AUTHORIZED, bail which is still effec-
 tive, the superior court's order may be  in  the  form  of  a  direction
 continuing the effectiveness of the previous order.
   3.  IN  CASES  WHERE THE MOST SERIOUS OFFENSE WITH WHICH THE DEFENDANT
 STANDS CHARGED IN THE CASE BEFORE THE COURT OR  A  PENDING  CASE  IS  AN
 OFFENSE THAT IS NOT A CLASS A FELONY DEFINED IN THE PENAL LAW OR A FELO-
 NY  ENUMERATED IN SECTION 70.02 OF THE PENAL LAW (OTHER THAN BURGLARY IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 140.25 OF THE
 PENAL LAW OR ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION  ONE
 OF  SECTION  160.10  OF  SUCH  LAW  OR REPORTING A FALSE INCIDENT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 240.55 OF SUCH LAW) OR A MISDEMEANOR
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, THE COURT  SHALL
 RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE,
 UNLESS  THE  COURT FINDS ON THE RECORD OR IN WRITING THAT RELEASE ON THE
 PRINCIPAL'S OWN RECOGNIZANCE WILL NOT REASONABLY ASSURE THE  PRINCIPAL'S
 RETURN  TO COURT. IN SUCH INSTANCES, THE COURT SHALL RELEASE THE PRINCI-
 PAL UNDER  NON-MONETARY  CONDITIONS,  SELECTING  THE  LEAST  RESTRICTIVE
 ALTERNATIVE  AND  CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S

 A. 10137--A                        16
 
 RETURN TO COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF  ALTERNATIVE  AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   4.  EXCEPT  AS  PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, IN CASES
 WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS  CHARGED  IN  THE  CASE
 BEFORE  THE  COURT  OR  A PENDING CASE IS A FELONY ENUMERATED IN SECTION
 70.02 OF THE PENAL LAW (EXCEPT BURGLARY IN THE SECOND DEGREE AS  DEFINED
 IN  SUBDIVISION TWO OF SECTION 140.25 OF THE PENAL LAW OR ROBBERY IN THE
 SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION  160.10  OF  SUCH
 LAW  OR  REPORTING  A  FALSE INCIDENT IN THE SECOND DEGREE AS DEFINED IN
 SECTION 240.55 OF SUCH LAW) OR A  MISDEMEANOR  DEFINED  IN  ARTICLE  ONE
 HUNDRED  THIRTY  OF THE PENAL LAW THE COURT, UNLESS OTHERWISE PROHIBITED
 BY LAW, SHALL RELEASE THE PRINCIPAL PENDING TRIAL ON THE PRINCIPAL'S OWN
 RECOGNIZANCE, OR RELEASE THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, OR
 FIX BAIL, SELECTING THE LEAST  RESTRICTIVE  ALTERNATIVE  AND  CONDITIONS
 THAT  WILL  REASONABLY ASSURE THE PRINCIPAL'S RETURN TO COURT. THE COURT
 SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND CONDITIONS ON THE RECORD  OR
 IN WRITING.
   5.  IN  CASES WHERE AN OFFENSE WITH WHICH THE DEFENDANT STANDS CHARGED
 IN THE CASE BEFORE THE COURT OR A PENDING CASE IS A FELONY  SEX  OFFENSE
 AS DEFINED IN SECTION 70.80 OF THE PENAL LAW, A FELONY TERRORISM OFFENSE
 UNDER  SECTION  490.10,  490.15, 490.30, 490.35, 490.37, 490.40, 490.45,
 490.47, 490.50 OR 490.55 OF THE PENAL LAW,  A  CLASS  A  FELONY  OFFENSE
 DEFINED IN THE PENAL LAW, A FELONY OFFENSE OF WITNESS INTIMIDATION UNDER
 SECTION  215.15,  215.16,  OR  215.17 OF THE PENAL LAW, A FELONY OFFENSE
 WHERE A REQUIRED ELEMENT THEREOF IS AN INTENT TO CAUSE SERIOUS  PHYSICAL
 INJURY  OR  DEATH  TO ANOTHER PERSON AND CAUSING SUCH INJURY OR DEATH TO
 SUCH PERSON OR A THIRD PERSON, OR A FELONY FOR WHICH  THE  DEFENDANT  IS
 ELIGIBLE FOR SENTENCING UNDER SECTION 70.08 OF THE PENAL LAW, THE COURT,
 UNLESS  OTHERWISE PROHIBITED BY LAW, SHALL RELEASE THE PRINCIPAL PENDING
 TRIAL UNDER NON-MONETARY CONDITIONS, OR FIX BAIL, OR COMMIT THE  PRINCI-
 PAL  TO  THE  CUSTODY  OF  THE  SHERIFF, SELECTING THE LEAST RESTRICTIVE
 ALTERNATIVE AND CONDITIONS THAT WILL REASONABLY ASSURE  THE  PRINCIPAL'S
 RETURN  TO  COURT. THE COURT SHALL EXPLAIN ITS CHOICE OF ALTERNATIVE AND
 CONDITIONS ON THE RECORD OR IN WRITING.
   6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE, FOUR AND FIVE
 OF THIS SECTION, WITH RESPECT TO ANY CHARGE FOR WHICH BAIL OR REMAND  IS
 NOT  ORDERED,  AND  FOR WHICH THE COURT WOULD NOT OR COULD NOT OTHERWISE
 REQUIRE BAIL OR REMAND, A DEFENDANT MAY, AT ANY TIME, REQUEST  THAT  THE
 COURT  SET  BAIL  IN  A NOMINAL AMOUNT REQUESTED BY THE DEFENDANT IN THE
 FORM SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 520.10  OF
 THIS TITLE; IF THE COURT IS SATISFIED THAT THE REQUEST IS VOLUNTARY, THE
 COURT SHALL SET SUCH BAIL IN SUCH AMOUNT.
   7.  Notwithstanding  the  provisions of [subdivision two] SUBDIVISIONS
 TWO, THREE, FOUR AND FIVE OF THIS SECTION,  a  superior  court  may  not
 order  recognizance,  RELEASE  UNDER  NON-MONETARY  CONDITIONS or, WHERE
 AUTHORIZED, bail, or permit a defendant to remain at liberty pursuant to
 an existing order, after  [he]  THE  DEFENDANT  has  been  convicted  of
 either:  (a)  a  class  A felony or (b) any class B or class C felony AS
 defined in article one hundred thirty of  the  penal  law  committed  or
 attempted  to  be  committed  by a person eighteen years of age or older
 against a person less than eighteen years of age.  In  either  case  the
 court must commit or remand the defendant to the custody of the sheriff.
   [4.]  8.  Notwithstanding the provisions of [subdivision two] SUBDIVI-
 SIONS TWO, THREE, FOUR AND FIVE OF THIS SECTION, a  superior  court  may
 not  order recognizance, RELEASE UNDER NON-MONETARY CONDITIONS or, WHERE
 AUTHORIZED, bail when the defendant is charged with a felony unless  and

 A. 10137--A                        17
 
 until  the  district  attorney has had an opportunity to be heard in the
 matter and such court [has] AND COUNSEL  FOR  THE  DEFENDANT  HAVE  been
 furnished  with  a report as described in subparagraph (ii) of paragraph
 (b) of subdivision two of section 530.20 OF THIS ARTICLE.
   §  19.  Subdivision 1 of section 530.45 of the criminal procedure law,
 as amended by chapter 264 of the laws of 2003, is  amended  to  read  as
 follows:
   1. When the defendant is at liberty in the course of a criminal action
 as a result of a prior order of recognizance, RELEASE UNDER NON-MONETARY
 CONDITIONS  or  bail and the court revokes such order and then [either],
 WHERE AUTHORIZED, fixes no bail or fixes bail in a greater amount or  in
 a  more burdensome form than was previously fixed and remands or commits
 defendant to the custody of the sheriff, OR ISSUES  A  MORE  RESTRICTIVE
 SECURING  ORDER,  a judge designated in subdivision two OF THIS SECTION,
 upon application of the defendant following  conviction  of  an  offense
 other  than  a  class A felony or a class B or class C felony offense AS
 defined in article one hundred thirty of  the  penal  law  committed  or
 attempted  to  be  committed  by a person eighteen years of age or older
 against a person less than eighteen years of age, and before sentencing,
 may issue a securing order and [either] release THE defendant  on  [his]
 THE  DEFENDANT'S own recognizance, RELEASE THE DEFENDANT UNDER NON-MONE-
 TARY CONDITIONS, or, WHERE AUTHORIZED, fix bail[,]  or  fix  bail  in  a
 lesser  amount or in a less burdensome form, OR ISSUE A LESS RESTRICTIVE
 SECURING ORDER, than fixed by the court  in  which  the  conviction  was
 entered.
   §  20.  Section 530.60 of the criminal procedure law, subdivision 1 as
 amended by chapter 565 of the laws of 2011, subdivision 2  as  added  by
 chapter  788  of  the laws of 1981 and paragraph (a) of subdivision 2 as
 amended by chapter 794 of the laws  of  1986,  is  amended  to  read  as
 follows:
 § 530.60 [Order  of  recognizance  or  bail; revocation thereof] CERTAIN
             MODIFICATIONS OF A SECURING ORDER.
   1. Whenever in the course of a criminal action or proceeding a defend-
 ant is at liberty as a result of an order of recognizance, RELEASE UNDER
 NON-MONETARY CONDITIONS or bail issued pursuant to this chapter, and the
 court considers it necessary to review such order, [it] WHETHER DUE TO A
 MOTION BY THE PEOPLE OR OTHERWISE, THE COURT may, and EXCEPT AS PROVIDED
 IN SUBDIVISION TWO OF SECTION 510.50 OF THIS TITLE CONCERNING A  FAILURE
 TO APPEAR IN COURT, by a bench warrant if necessary, require the defend-
 ant  to  appear  before  the court. Upon such appearance, the court, for
 good cause shown, may revoke the order of  recognizance,  RELEASE  UNDER
 NON-MONETARY CONDITIONS, or bail. If the defendant is entitled to recog-
 nizance,  RELEASE  UNDER NON-MONETARY CONDITIONS, or bail as a matter of
 right, the court must issue another such  order.  If  [he  or  she]  THE
 DEFENDANT is not, the court may either issue such an order or commit the
 defendant to the custody of the sheriff IN ACCORDANCE WITH THIS SECTION.
   Where  the defendant is committed to the custody of the sheriff and is
 held on a felony complaint, a new period as provided in  section  180.80
 of  this  chapter shall commence to run from the time of the defendant's
 commitment under this subdivision.
   2. (a) Whenever in the course of a criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance, RELEASE  UNDER  NON-MONETARY  CONDI-
 TIONS  or  bail  issued pursuant to this article it shall be grounds for
 revoking such order that the court finds reasonable cause to believe the
 defendant committed one or more specified  class  A  or  violent  felony

 A. 10137--A                        18
 
 offenses  or  intimidated a victim or witness in violation of [sections]
 SECTION 215.15, 215.16 or 215.17 of the penal law while at liberty.
   (B)  EXCEPT  AS  PROVIDED  IN PARAGRAPH (A) OF THIS SUBDIVISION OR ANY
 OTHER LAW, WHENEVER IN THE COURSE OF A CRIMINAL ACTION OR  PROCEEDING  A
 DEFENDANT  CHARGED  WITH THE COMMISSION OF AN OFFENSE IS AT LIBERTY AS A
 RESULT OF AN ORDER OF RECOGNIZANCE, RELEASE  UNDER  NON-MONETARY  CONDI-
 TIONS  OR  BAIL  ISSUED PURSUANT TO THIS ARTICLE IT SHALL BE GROUNDS FOR
 REVOKING SUCH ORDER AND FIXING BAIL IN SUCH CRIMINAL ACTION OR  PROCEED-
 ING WHEN THE COURT HAS FOUND, BY CLEAR AND CONVINCING EVIDENCE, THAT THE
 DEFENDANT:
   (I)  PERSISTENTLY WILLFULLY FAILED TO APPEAR AFTER NOTICE OF SCHEDULED
 APPEARANCES IN THE CASE BEFORE THE COURT; OR
   (II) VIOLATED AN ORDER OF  PROTECTION  IN  THE  MANNER  PROHIBITED  BY
 SUBDIVISION  (B), (C) OR (D) OF SECTION 215.51 OF THE PENAL LAW WHILE AT
 LIBERTY; OR
   (III) STANDS CHARGED IN SUCH CRIMINAL  ACTION  OR  PROCEEDING  WITH  A
 MISDEMEANOR  OR  VIOLATION  AND,  AFTER  BEING SO CHARGED, INTIMIDATED A
 VICTIM OR WITNESS IN VIOLATION OF SECTION 215.15, 215.16  OR  215.17  OF
 THE PENAL LAW WHILE AT LIBERTY; OR
   (IV)  STANDS  CHARGED  IN SUCH ACTION OR PROCEEDING WITH A FELONY AND,
 AFTER BEING SO CHARGED, COMMITTED A FELONY WHILE AT LIBERTY.
   (C) Before revoking an order of recognizance, RELEASE UNDER  NON-MONE-
 TARY  CONDITIONS,  or  bail pursuant to this subdivision, the court must
 hold a hearing and shall receive any relevant, admissible  evidence  not
 legally  privileged.  The  defendant may cross-examine witnesses and may
 present relevant, admissible evidence on his own  behalf.  Such  hearing
 may  be  consolidated  with, and conducted at the same time as, a felony
 hearing conducted pursuant to article one hundred eighty of  this  chap-
 ter.  A transcript of testimony taken before the grand jury upon presen-
 tation of the subsequent offense shall be admissible as evidence  during
 the  hearing.    The  district attorney may move to introduce grand jury
 testimony of a witness in lieu of that witness' appearance at the  hear-
 ing.
   [(b)]  (D)  Revocation of an order of recognizance, RELEASE UNDER NON-
 MONETARY CONDITIONS or bail and A NEW  SECURING  ORDER  FIXING  BAIL  OR
 commitment, AS SPECIFIED IN THIS PARAGRAPH AND pursuant to this subdivi-
 sion shall be for the following periods[, either]:
   (I)  UNDER  PARAGRAPH (A) OF THIS SUBDIVISION, REVOCATION OF THE ORDER
 OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR, AS  THE  CASE
 MAY  BE,  BAIL,  AND  A NEW SECURING ORDER FIXING BAIL OR COMMITTING THE
 DEFENDANT TO THE CUSTODY OF THE SHERIFF SHALL BE AS FOLLOWS:
   [(i)] (A) For a period not to exceed  ninety  days  exclusive  of  any
 periods of adjournment requested by the defendant; or
   [(ii)]  (B)  Until the charges contained within the accusatory instru-
 ment have been reduced or dismissed such that  no  count  remains  which
 charges the defendant with commission of a felony; or
   [(iii)]  (C)  Until  reduction  or  dismissal of the charges contained
 within the accusatory instrument charging the  subsequent  offense  such
 that  no  count remains which charges the defendant with commission of a
 class A or violent felony offense.
   Upon expiration of any of the  three  periods  specified  within  this
 [paragraph]  SUBPARAGRAPH, whichever is shortest, the court may grant or
 deny release upon an order of bail or recognizance  in  accordance  with
 the  provisions  of  this  article.  Upon  conviction  to an offense the
 provisions  of  article  five  hundred  thirty  of  this  chapter  shall
 apply[.]; AND

 A. 10137--A                        19
 
   [(c)]  (II) UNDER PARAGRAPH (B) OF THIS SUBDIVISION, REVOCATION OF THE
 ORDER OF RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS OR, AS  THE
 CASE  MAY  BE, BAIL SHALL RESULT IN THE ISSUANCE OF A NEW SECURING ORDER
 WHICH MAY, IF  OTHERWISE  AUTHORIZED  BY  LAW,  PERMIT  THE  PRINCIPAL'S
 RELEASE  ON  RECOGNIZANCE  OR RELEASE UNDER NON-MONETARY CONDITIONS, BUT
 SHALL ALSO RENDER THE  DEFENDANT  ELIGIBLE  FOR  AN  ORDER  FIXING  BAIL
 PROVIDED,  HOWEVER, THAT IN ACCORDANCE WITH THE PRINCIPLES IN THIS TITLE
 THE COURT MUST SELECT THE LEAST RESTRICTIVE ALTERNATIVE AND CONDITION OR
 CONDITIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S RETURN TO  COURT.
 NOTHING  IN  THIS  SUBPARAGRAPH  SHALL  BE INTERPRETED AS SHORTENING THE
 PERIOD OF DETENTION, OR REQUIRING OR AUTHORIZING  ANY  LESS  RESTRICTIVE
 FORM  OF  A  SECURING  ORDER, WHICH MAY BE IMPOSED PURSUANT TO ANY OTHER
 LAW.
   (E) Notwithstanding the provisions of paragraph (a)  OR  (B)  of  this
 subdivision  a defendant, against whom a felony complaint has been filed
 which charges the defendant with commission of  a  class  A  or  violent
 felony  offense  OR VIOLATION OF SECTION 215.15, 215.16 OR 215.17 OF THE
 PENAL LAW committed while he was at liberty as specified therein, may be
 committed to the custody of the sheriff pending a revocation hearing for
 a period not to exceed seventy-two hours. An additional  period  not  to
 exceed seventy-two hours may be granted by the court upon application of
 the  district attorney upon a showing of good cause or where the failure
 to commence the hearing was due to the defendant's request  or  occurred
 with  his  consent. Such good cause must consist of some compelling fact
 or circumstance  which  precluded  conducting  the  hearing  within  the
 initial prescribed period.
   § 21. Paragraph (a) of subdivision 9 of section 216.05 of the criminal
 procedure law, as amended by chapter 258 of the laws of 2015, is amended
 to read as follows:
   (a)  If  at any time during the defendant's participation in the judi-
 cial diversion program, the court has reasonable grounds to believe that
 the defendant has violated a release condition IN AN  IMPORTANT  RESPECT
 or  has  WILLFULLY  failed  to appear before the court as requested, the
 court EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION  510.50  OF  THIS
 CHAPTER  REGARDING  A  FAILURE  TO APPEAR, shall direct the defendant to
 appear or issue a bench warrant to a police officer  or  an  appropriate
 peace  officer  directing  him or her to take the defendant into custody
 and bring the defendant before  the  court  without  unnecessary  delay;
 provided,  however,  that  under  no circumstances shall a defendant who
 requires treatment for opioid abuse or  dependence  be  deemed  to  have
 violated a release condition on the basis of his or her participation in
 medically  prescribed  drug  treatments  under the care of a health care
 professional licensed or certified under title eight  of  the  education
 law,  acting  within  his or her lawful scope of practice.  The RELEVANT
 provisions of [subdivision one of] section 530.60 of this chapter relat-
 ing to [revocation of recognizance or bail] ISSUANCE OF SECURING  ORDERS
 shall apply to such proceedings under this subdivision.
   §  22.  The opening paragraph of section 240.44 of the criminal proce-
 dure law, as added by chapter 558 of the laws of  1982,  is  amended  to
 read as follows:
   Subject to a  protective order, at a pre-trial hearing held in a crim-
 inal  court at which a witness is called to testify, each party, [at the
 conclusion] PRIOR TO THE COMMENCEMENT of the direct examination of  each
 of its witnesses, shall, upon request of the other party, make available
 to that party to the extent not previously disclosed:

 A. 10137--A                        20
 
   §  23.  Section  410.60  of  the criminal procedure law, as amended by
 chapter 652 of the laws of 2008, is amended to read as follows:
 § 410.60 Appearance before court.
   A person who has been taken into custody pursuant to section 410.40 or
 section  410.50  of  this  article  for  violation  of  a condition of a
 sentence of probation or a sentence of conditional discharge must forth-
 with be brought before the court that  imposed  the  sentence.  Where  a
 violation of probation petition and report has been filed and the person
 has  not  been  taken  into  custody  nor  has a warrant been issued, an
 initial court appearance shall occur within ten  business  days  of  the
 court's  issuance  of  a  notice  to appear. If the court has reasonable
 cause to believe that such  person  has  violated  a  condition  of  the
 sentence,  it may commit [him] SUCH PERSON to the custody of the sheriff
 [or], fix bail, RELEASE SUCH PERSON  UNDER  NON-MONETARY  CONDITIONS  or
 release  such  person on [his] SUCH PERSON'S own recognizance for future
 appearance at a hearing to be held in accordance with section 410.70  of
 this  article.  If  the  court does not have reasonable cause to believe
 that such person has violated a  condition  of  the  sentence,  it  must
 direct that [he] SUCH PERSON be released.
   § 24. Subdivision 3 of section 620.50 of the criminal procedure law is
 amended to read as follows:
   3. A material witness order must be executed as follows:
   (a)    If  the  bail  is posted and approved by the court, the witness
 must, as provided in subdivision  [three]  TWO  of  section  510.40,  be
 released and be permitted to remain at liberty; provided that, where the
 bail is posted by a person other than the witness himself, he may not be
 so released except upon his signed written consent thereto;
   (b)  If the bail is not posted, or if though posted it is not approved
 by  the  court, the witness must, as provided in subdivision [three] TWO
 of section 510.40, be committed to the custody of the sheriff.
   § 25. This act shall take effect on the thirtieth day after  it  shall
 have become a law.