LBD08752-02-8
S. 3579--A 2
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 PERMITS THE PERSON TO BE AT LIBERTY DURING THE PENDENCY OF
THE CRIMINAL ACTION UNDER CONDITIONS SET BY THE COURT, WHICH SHALL BE
THE LEAST RESTRICTIVE THAT WILL REASONABLY ASSURE THE PRINCIPAL'S
APPEARANCE IN COURT. SUCH CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT THE
PRINCIPAL SHALL BE IN CONTACT WITH A PRETRIAL SERVICES AGENCY SERVING
PRINCIPALS IN THAT COUNTY; THAT THE PRINCIPAL SHALL ABIDE BY SPECIFIED
RESTRICTIONS ON TRAVEL THAT ARE REASONABLY RELATED TO AN ACTUAL RISK OF
INTENTIONAL FLIGHT FROM THE JURISDICTION; THAT THE PRINCIPAL SHALL
REFRAIN FROM POSSESSING A FIREARM, DESTRUCTIVE DEVICE OR OTHER DANGEROUS
WEAPON; THAT THE PERSON BE PLACED IN PRETRIAL SUPERVISION WITH A
PRETRIAL SERVICES AGENCY SERVING PRINCIPALS IN THAT COUNTY.
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
person, it orders that he be confined in the custody of the sheriff
[during the pendency of the criminal action or proceeding involved]
PENDING THE OUTCOME OF A HEARING AS TO WHETHER THE INDIVIDUAL SHALL BE
ORDERED INTO PRETRIAL DETENTION AS SPECIFIED IN ARTICLE FIVE HUNDRED
FORTY-FIVE OF THIS TITLE.
5. "Securing order" means an order of a court [committing a principal
to the custody of the sheriff, or fixing bail, or releasing him on his
own recognizance] THAT EITHER RELEASES A PRINCIPAL ON PERSONAL RECOGNI-
ZANCE, OR RELEASES THE PRINCIPAL UNDER NON-MONETARY CONDITIONS, ALL WITH
THE DIRECTION THAT THE PRINCIPAL RETURN TO COURT FOR FUTURE COURT
APPEARANCES AND TO BE AT ALL TIMES AMENDABLE TO THE ORDERS AND PROCESSES
OF THE COURT.
6. ["Order of recognizance or bail" means a securing order releasing a
principal on his own recognizance or fixing bail] "PRETRIAL DETENTION."
A COURT MAY COMMIT A PRINCIPAL TO PRETRIAL DETENTION IF, AFTER A HEARING
AND MAKING SUCH FINDINGS AS SPECIFIED IN ARTICLE FIVE HUNDRED FORTY-FIVE
OF THIS TITLE, A JUDGE SO ORDERS DETENTION.
§ 3. Subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19
of section 500.10 of the criminal procedure law are REPEALED, and subdi-
vision 20 is renumbered subdivision 7.
§ 4. 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; STAND-
ARD 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, by a securing order,
[either release him on his own recognizance, fix bail or commit him to
the custody of the sheriff] RELEASE THE PRINCIPAL PENDING TRIAL ON THE
PRINCIPAL'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE RECORD
THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE INDIVIDUAL'S
COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE THE INDIVID-
UAL UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST RESTRICTIVE
ALTERNATIVE THAT WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTEND-
ANCE. THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD. A
PRINCIPAL SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE COST OF
RELEASE UNDER NON-MONETARY CONDITIONS.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
IN CASES WHERE THE PEOPLE MOVE FOR PRETRIAL DETENTION THE COURT MAY
S. 3579--A 3
COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING
ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
3. 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] ANY order
which committed the principal to the custody of the sheriff, the court
shall give written notification to the sheriff of such revocation or
termination of [the securing] SUCH order.
§ 5. 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 BASED
ON A MATERIAL CHANGE OF CIRCUMSTANCES.
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 prin-
cipal is confined in the custody of the sheriff as a result of a previ-
ously issued securing order, he] THE PRINCIPAL OR THE PEOPLE may make an
application for [recognizance or bail] A DIFFERENT SECURING ORDER DUE TO
A MATERIAL CHANGE OF CIRCUMSTANCES.
2. Upon such application, the principal OR THE PEOPLE must be
accorded an opportunity to be heard and to contend that [an order of
recognizance or bail] A DIFFERENT SECURING ORDER must or should issue[,
that the court should release him on his own recognizance rather than
fix bail, and that if bail is fixed it should be in a suggested amount
and form] BECAUSE, DUE TO A MATERIAL CHANGE IN CIRCUMSTANCES, THE
CURRENT ORDER IS EITHER TOO RESTRICTIVE OR NOT RESTRICTIVE ENOUGH TO
REASONABLY ENSURE A DEFENDANT'S APPEARANCE IN COURT. THE COURT SHALL
SELECT THE LEAST RESTRICTIVE NON-MONETARY CONDITION OR CONDITIONS THAT
WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE.
3. WHERE THE PEOPLE MAKE AN APPLICATION FOR A DIFFERENT SECURING ORDER
ON THE BASIS OF A VIOLATION OF AN EXISTING SECURING ORDER, THE COURT
SHALL CONSIDER THE NATURE, WILLFULNESS, AND SERIOUSNESS OF THE VIOLATION
AND SHALL SELECT THE LEAST RESTRICTIVE NON-MONETARY CONDITION OR CONDI-
TIONS THAT WILL REASONABLY ASSURE THE PRINCIPAL'S COURT ATTENDANCE.
§ 6. 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.
S. 3579--A 4
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 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]
1. INFORMATION ABOUT THE PRINCIPAL THAT IS RELEVANT TO COURT APPEAR-
ANCE, INCLUDING, BUT NOT LIMITED TO, THE PRINCIPAL'S ACTIVITIES, HISTORY
AND COMMUNITY TIES;
2. IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
3. THE PRINCIPAL'S criminal record if any; [and
(v) His] 4. THE PRINCIPAL'S record of previous adjudication as a juve-
nile 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] 5. 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)] 6. 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)] (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)] 7. If [he] THE PRINCIPAL is a defendant, the weight of the
evidence against [him] THE PRINCIPAL 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)] 8. If [he] THE PRINCIPAL 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 likeli-
hood 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
S. 3579--A 5
this chapter if he commits a subsequent felony while at liberty upon
such order.]; AND
9. IF 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 THIS PARAGRAPH.
§ 7. 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] NOTIFICATION
TO PRINCIPAL BY COURT OF CONDITIONS OF RELEASE AND PENAL-
TIES FOR VIOLATIONS OF RELEASE.
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 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 THE PRINCIPAL IS A DEFENDANT, THE COURT
SHALL ALSO DIRECT THE DEFENDANT NOT TO COMMIT A CRIME WHILE AT LIBERTY
UPON THE COURT'S SECURING ORDER. 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 custo-
dy [or, as the case may be, that his bail be exonerated].
[3. Upon the issuance of an order fixing bail, 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 disap-
proval thereof, approve the bail and must issue a certificate of
release, authorizing the principal to be at liberty, and, if he is in
the custody of the sheriff at the time, directing the sheriff to
discharge him 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.]
2. IF THE PRINCIPAL IS RELEASED UNDER NON-MONETARY CONDITIONS, THE
COURT SHALL, IN THE DOCUMENT AUTHORIZING THE PRINCIPAL'S RELEASE, NOTIFY
THE PRINCIPAL OF:
(A) ANY OF THE CONDITIONS UNDER WHICH THE PRINCIPAL IS SUBJECT, IN
ADDITION TO THE DIRECTIONS IN SUBDIVISION ONE OF THIS SECTION, IN A
MANNER SUFFICIENTLY CLEAR AND SPECIFIC TO SERVE AS A GUIDE FOR THE PRIN-
CIPAL'S CONDUCT; AND
(B) THE CONSEQUENCES FOR VIOLATION OF THOSE CONDITIONS, WHICH COULD
INCLUDE REVOKING OF THE SECURING ORDER, SETTING OF A MORE RESTRICTIVE
SECURING ORDER, OR, AFTER THE HEARING AS SPECIFIED IN ARTICLE FIVE
HUNDRED FORTY-FIVE OF THIS TITLE, PRETRIAL DETENTION.
3. THE COURT 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.
S. 3579--A 6
§ 8. The criminal procedure law is amended by adding two new sections
510.43 and 510.45 to read as follows:
§ 510.43 COURT APPEARANCE REMINDERS.
THE COURT SHALL NOTIFY ALL PRINCIPALS RELEASED ON RECOGNIZANCE OR
UNDER NON-MONETARY CONDITIONS OF ALL COURT APPEARANCES BY TEXT MESSAGE,
TELEPHONE CALL, ELECTRONIC MAIL, OR FIRST CLASS MAIL. THE COURT MAY
PARTNER WITH THE CERTIFIED PRETRIAL SERVICES AGENCY OR AGENCIES IN THAT
COUNTY TO PROVIDE SUCH NOTIFICATIONS.
§ 510.45 PRETRIAL SERVICE AGENCIES.
THE OFFICE OF COURT ADMINISTRATION SHALL CERTIFY A PRETRIAL SERVICES
AGENCY OR AGENCIES IN EACH COUNTY TO MONITOR PRINCIPALS RELEASED UNDER
CONDITIONS OF NON-MONETARY RELEASE. SUCH AGENCY OR AGENCIES SHALL BE A
PUBLIC ENTITY UNDER THE SUPERVISION AND CONTROL OF A COUNTY OR MUNICI-
PALITY OR A NON-PROFIT ENTITY UNDER CONTRACT TO THE COUNTY OR MUNICI-
PALITY. A COUNTY SHALL BE AUTHORIZED TO ENTER IN TO A CONTRACT WITH
ANOTHER COUNTY OR MUNICIPALITY IN THE STATE TO MONITOR PRINCIPALS
RELEASED UNDER CONDITIONS OF NON-MONETARY RELEASE IN ITS COUNTY BUT
SHALL NOT CONTRACT WITH ANY PRIVATE ENTITY FOR SUCH PURPOSES. ANY CRITE-
RIA, INSTRUMENT, OR TOOL USED TO DETERMINE A PRINCIPAL'S ELIGIBILITY FOR
NON-MONETARY CONDITIONS OR TO DETERMINE THE CONDITION OR CONDITIONS TO
BE MONITORED BY A PRETRIAL SERVICES AGENCY SHALL BE MADE AVAILABLE TO
ANY PERSON UPON WRITTEN OR ORAL REQUEST.
§ 9. Section 510.50 of the criminal procedure law is amended to read
as follows:
§ 510.50 Enforcement of securing order.
When the attendance of a principal confined in the custody of the
sheriff OR PURSUANT TO A PRETRIAL DETENTION ORDER 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 OR
HER at such time and place. If the principal is at liberty on [his] THE
PRINCIPAL'S own recognizance [or on bail, his] OR NON-MONETARY CONDI-
TIONS 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. PRIOR TO ISSUING A
BENCH WARRANT, THE COURT MUST PROVIDE THE PRINCIPAL FORTY-EIGHT HOURS
ADVANCE NOTICE THAT HE OR SHE IS REQUIRED TO APPEAR IN COURT IN ORDER TO
GIVE THE PRINCIPAL THE OPPORTUNITY TO APPEAR VOLUNTARILY.
§ 10. Article 520 of the criminal procedure law is REPEALED.
§ 11. The article heading of article 530 of the criminal procedure law
is amended to read as follows:
SECURING ORDERS [OF RECOGNIZANCE
OR BAIL] WITH RESPECT TO DEFENDANTS IN CRIMINAL
ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS
AUTHORIZED
§ 12. Section 530.10 of the criminal procedure law is amended to read
as follows:
§ 530.10 [Order of recognizance or bail] SECURING ORDER; 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
S. 3579--A 7
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.
§ 13. 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
making such order, the local criminal court shall consider the [bail
recommendation] 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 return-
able in the supreme or family court, as applicable, on the next day such
court is in session.
§ 14. 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 or bail] A SECURING ORDER and
commit the defendant to custody; or
§ 15. 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:
§ 16. Subdivisions 9 and 11 of section 530.12 of the criminal proce-
dure law, subdivision 9 as amended by section 81 of subpart B of part C
of chapter 62 of the laws of 2011, subdivision 11 as amended by chapter
498 of the laws of 1993, the opening paragraph of subdivision 11 as
amended by chapter 597 of the laws of 1998, paragraph (a) of subdivision
11 as amended by chapter 222 of the laws of 1994 and paragraph (d) of
subdivision 11 as amended by chapter 644 of the laws of 1996, are
amended to read as follows:
9. If no warrant, order or temporary order of protection has been
issued by the court, and an act alleged to be a family offense as
defined in section 530.11 of this [chapter] ARTICLE is the basis of the
arrest, the magistrate shall permit the complainant to file a petition,
S. 3579--A 8
information or accusatory instrument and for reasonable cause shown,
shall thereupon hold such respondent or defendant, [admit to, fix or
accept bail,] ESTABLISH A SECURING ORDER or parole him or her for hear-
ing before the family court or appropriate criminal court as the
complainant shall choose in accordance with the provisions of section
530.11 of this [chapter] ARTICLE.
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 revoke an order of bail or
order forfeiture of such bail] A SECURING ORDER 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.
§ 17. 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:
§ 530.20 [Order of recognizance or bail;] SECURING ORDER by local crimi-
nal court when action is pending therein.
1. 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 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.
2. When the defendant is charged, by felony complaint, with a felony,
the court may, in its discretion, order recognizance or bail except as
otherwise provided in 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)] SHALL, BY A SECURING ORDER, RELEASE THE DEFENDANT PENDING TRIAL
ON THE DEFENDANT'S PERSONAL RECOGNIZANCE, UNLESS THE COURT FINDS ON THE
RECORD THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE THE
DEFENDANT'S COURT ATTENDANCE. IN SUCH INSTANCES, THE COURT WILL RELEASE
THE DEFENDANT UNDER NON-MONETARY CONDITIONS, SELECTING THE LEAST
RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ASSURE THE DEFENDANT'S
COURT ATTENDANCE. THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON
S. 3579--A 9
THE RECORD. THE DEFENDANT SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF
THE COST OF RELEASE UNDER NON-MONETARY CONDITIONS.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
IN CASES WHERE THE PEOPLE MOVE FOR PRETRIAL DETENTION, THE COURT MAY
COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING
ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OR TWO OF THIS
SECTION, IN CASES WHERE THE DEFENDANT IS CHARGED BY FELONY COMPLAINT
WITH A FELONY AND EITHER IS CHARGED WITH A CLASS A FELONY, OR IT APPEARS
THAT THE DEFENDANT HAS TWO PREVIOUS FELONY CONVICTIONS WITHIN THE MEAN-
ING OF SUBDIVISION ONE OF SECTION 70.08 OR 70.10 OF THE PENAL LAW; THE
COURT, A CITY COURT, TOWN COURT OR A VILLAGE COURT SHALL COMMIT THE
DEFENDANT TO THE CUSTODY OF THE SHERIFF FOR THE COUNTY OR SUPERIOR COURT
TO MAKE A DETERMINATION ABOUT A SECURING ORDER WITHIN THREE DAYS.
4. No local criminal court may order [recognizance or bail] A SECURING
ORDER with respect to a defendant charged with a felony unless and
until[:
(i) The district attorney has been heard in the matter or, after know-
ledge 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] THE court [has], AND COUNSEL FOR THE DEFENSE, 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 department 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.]
§ 18. 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 or bail;] SECURING ORDER by superior court
judge when action is pending in local criminal 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
application of a defendant, AND WITHIN ONE WORKING DAY, may order
[recognizance or bail] A SECURING ORDER when such local criminal court:
(a) Lacks authority to issue such an order, pursuant to [paragraph
(a) of] subdivision [two] FOUR of section 530.20 OF THIS ARTICLE; or
(b) Has denied an application for recognizance [or bail]; or
(c) Has [fixed bail which is excessive] IMPROPERLY GRANTED A REQUEST
FOR A PRETRIAL DETENTION HEARING; OR
(D) HAS SET A SECURING ORDER OF RELEASE UNDER NON-MONETARY CONDITIONS
WHICH ARE MORE RESTRICTIVE THAN NECESSARY TO REASONABLY ENSURE COURT
ATTENDANCE. 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 fix bail in a lesser amount or in a less burdensome
form] OR UNDER RELEASE WITH CONDITIONS, WHICHEVER IS THE LEAST RESTRIC-
S. 3579--A 10
TIVE ALTERNATIVE THAT WILL REASONABLY ASSURE DEFENDANT'S APPEARANCE IN
COURT. THE COURT WILL SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD.
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 or bail] ISSUE A SECUR-
ING ORDER unless and until the district attorney has had an opportunity
to be heard in the matter and such judge has been furnished with a
report as described in [subparagraph (ii) of paragraph (b) of] subdivi-
sion [two] FOUR of section 530.20 OF THIS ARTICLE.
§ 19. 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 or bail;] SECURING ORDER 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] SHALL ISSUE A SECURING ORDER as follows:
1. [When the defendant is charged with an offense or offenses of less
than felony grade only, the court must order recognizance or bail.
2. When the defendant is charged with a felony, the court may, in its
discretion, order recognizance or bail. In any such case in which an
indictment (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
superior court judge has issued an order of recognizance or bail which
is still effective, the superior court's order may be in the form of a
direction continuing the effectiveness of the previous order.] RELEASE
THE DEFENDANT PENDING TRAIL ON THE DEFENDANT'S PERSONAL RECOGNIZANCE,
UNLESS THE COURT FINDS ON THE RECORD THAT RELEASE ON RECOGNIZANCE WILL
NOT REASONABLY ASSURE THE DEFENDANT'S COURT ATTENDANCE. IN SUCH
INSTANCES, THE COURT WILL RELEASE THE DEFENDANT UNDER NON-MONETARY
CONDITIONS, SELECTING THE LEAST RESTRICTIVE ALTERNATIVE THAT WILL
REASONABLY ASSURE THE DEFENDANT'S COURT ATTENDANCE. THE COURT WILL
SUPPORT ITS CHOICE OF ALTERNATIVE ON THE RECORD. THE DEFENDANT SHALL NOT
BE REQUIRED TO PAY FOR ANY PART OF THE COST OF RELEASE UNDER NON-MONE-
TARY CONDITIONS.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
IN CASES WHERE THE PEOPLE MOVE FOR PRETRIAL DETENTION, THE COURT MAY
COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF OR ISSUE A SECURING
ORDER IN ACCORDANCE WITH ARTICLE FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
3. Notwithstanding the provisions of subdivision [two] ONE OF THIS
SECTION, a superior court may not [order recognizance or bail] ISSUE A
SECURING ORDER, 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
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. Notwithstanding the provisions of subdivision [two] ONE OF THIS
SECTION, a superior court may not [order recognizance or bail] ISSUE A
SECURING ORDER when the defendant is charged with a felony unless and
until the district attorney has had an opportunity to be heard in the
matter and such court [has] AND COUNSEL FOR THE DEFENSE HAVE been
S. 3579--A 11
furnished with a report as described in [subparagraph (ii) of paragraph
(b) of] subdivision [two] FOUR of section 530.20 OF THIS ARTICLE.
§ 20. 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 or bail] SECURING ORDER
and the court revokes such order [and then either fixes no bail or fixes
bail in a greater amount or in a more burdensome form than was previous-
ly fixed and remands or commits defendant to the custody of the sheriff,
a judge designated in subdivision two, 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 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 defendant on his own recognizance, or fix bail, or fix bail in a
lesser amount or], SUCH COURT MAY ISSUE A MORE RESTRICTIVE SECURING
ORDER in a less [burdensome] RESTRICTIVE form than fixed by the court in
which the conviction was entered.
§ 21. Section 530.60 of the criminal procedure law is REPEALED.
§ 22. Title P of the criminal procedure law is amended by adding a new
article 545 to read as follows:
ARTICLE 545--PRETRIAL DETENTION
SECTION 545.10 PRETRIAL DETENTION; WHEN ORDERED.
545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
545.30 PRETRIAL DETENTION HEARING.
545.40 ORDER FOR PRETRIAL DETENTION.
545.50 REOPENING OF PRETRIAL HEARING.
545.60 LENGTH OF DETENTION FOR DEFENDANT HELD UNDER A PRETRIAL
DETENTION ORDER.
§ 545.10 PRETRIAL DETENTION; WHEN ORDERED.
A COUNTY OR SUPERIOR COURT MAY ORDER, BEFORE TRIAL, THE DETENTION OF A
DEFENDANT IF THE PEOPLE SEEK DETENTION OF THE DEFENDANT UNDER SECTION
545.20 OF THIS ARTICLE, AND, AFTER A HEARING PURSUANT TO SECTION 545.30
OF THIS ARTICLE, THE COURT FINDS CLEAR AND CONVINCING EVIDENCE THAT THE
DEFENDANT POSES A HIGH RISK OF INTENTIONAL FLIGHT FOR THE PURPOSE OF
EVADING CRIMINAL PROSECUTION AND THAT NO CONDITIONS OR COMBINATION OF
CONDITIONS IN THE COMMUNITY WILL REASONABLY ASSURE THE DEFENDANT'S
RETURN TO COURT.
§ 545.20 ELIGIBILITY FOR A PRETRIAL DETENTION HEARING.
1. THE PEOPLE MAY MAKE A MOTION SEEKING PRETRIAL DETENTION OF A
DEFENDANT AT ANY TIME, EXCEPT THAT WHERE THE PEOPLE DID NOT SO MOVE WHEN
THE DEFENDANT INITIALLY CAME UNDER CONTROL OF THE COURT, THE PEOPLE MUST
SHOW A CHANGE OF CIRCUMSTANCES OR THAT INFORMATION EXISTS THAT WAS NOT
KNOWN TO THE PEOPLE WHEN THE DEFENDANT INITIALLY CAME UNDER CONTROL OF
THE COURT. THE PEOPLE MAY SEEK THE PRETRIAL DETENTION OF A DEFENDANT:
(A) CHARGED WITH A FELONY WHERE THERE IS AN ALLEGATION THAT THE
DEFENDANT, WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER
PERSON, CAUSED SUCH INJURY TO SUCH PERSON OR TO A THIRD PERSON, OR
ATTEMPTED TO CAUSE SUCH INJURY TO SUCH PERSON OR TO A THIRD PERSON;
(B) CHARGED WITH AN OFFENSE WHERE, IF CONVICTED, THE DEFENDANT WOULD
BE SUBJECT TO A SENTENCE UNDER SECTION 70.08 OF THE PENAL LAW;
(C) CHARGED WITH OFFENSES INVOLVING WITNESS INTIMIDATION UNDER SECTION
215.15, 215.16, OR 215.17 OF THE PENAL LAW; OR
S. 3579--A 12
(D) WHO HAS WILLFULLY AND PERSISTENTLY FAILED TO APPEAR IN COURT IN
THE INSTANT CASE.
2. IF, UPON SUCH MOTION BY THE PEOPLE, THE COURT FINDS THAT THE PEOPLE
HAVE SHOWN A LIKELIHOOD OF SUCCESS ON THEIR MOTION FOR PRETRIAL
DETENTION, THE COURT MAY ORDER A HEARING PURSUANT TO SECTION 545.30 OF
THIS ARTICLE. UPON ORDERING A HEARING PURSUANT TO SECTION 545.30 OF THIS
ARTICLE, THE COURT SHALL EITHER COMMIT THE DEFENDANT TO THE CUSTODY OF
THE SHERIFF OR ISSUE A SECURING ORDER. THE COURT WILL SUPPORT ITS
CHOICE OF ALTERNATIVE ON THE RECORD. IF THE DEFENDANT IS AT LIBERTY, THE
COURT MAY ISSUE A WARRANT AND HAVE THE DEFENDANT BROUGHT INTO CUSTODY OF
THE SHERIFF, EXCEPT THAT, BEFORE A BENCH WARRANT MAY BE ISSUED, THE
COURT MUST PROVIDE THE DEFENDANT FORTY-EIGHT HOURS ADVANCED NOTICE THAT
HE OR SHE IS REQUIRED TO APPEAR IN COURT IN ORDER TO GIVE THEM THE
OPPORTUNITY TO APPEAR VOLUNTARILY.
§ 545.30 PRETRIAL DETENTION HEARING.
1. A HEARING SHALL BE HELD WITHIN TWO WORKING DAYS OF THE COURT ORDER-
ING A PRETRIAL DETENTION HEARING. AT THE HEARING, THE DEFENDANT SHALL
HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL, AND, IF FINANCIALLY UNABLE
TO OBTAIN COUNSEL, TO HAVE COUNSEL ASSIGNED. THE DEFENDANT SHALL BE
AFFORDED AN OPPORTUNITY TO TESTIFY, TO PRESENT WITNESSES, TO CROSS-EXA-
MINE WITNESSES WHO APPEAR AT THE HEARING, AND TO PRESENT INFORMATION BY
PROFFER OR OTHERWISE. THE RULES CONCERNING THE ADMISSIBILITY OF
EVIDENCE IN CRIMINAL TRIALS DO NOT APPLY TO THE PRESENTATION AND CONSID-
ERATION OF INFORMATION DURING THE HEARING.
2. PRIOR TO THE HEARING, THE PROSECUTION SHALL DISCLOSE TO THE DEFEND-
ANT, AND PERMIT THE DEFENDANT TO DISCOVER, INSPECT, COPY OR PHOTOGRAPH
ALL STATEMENTS OR REPORTS THAT RELATE TO THE PROSECUTION'S PRETRIAL
DETENTION MOTION THAT ARE IN THE POSSESSION, CUSTODY OR CONTROL OF THE
PROSECUTION, OR PERSONS UNDER THE PROSECUTION'S DIRECTION AND CONTROL,
INCLUDING:
(A) THE COMPLAINT AND SUPPORTING DOCUMENTS;
(B) POLICE REPORTS;
(C) ALL STATEMENTS, WRITTEN OR RECORDED OR SUMMARIZED IN ANY WRITING
OR RECORDING, AND THE SUBSTANCE OF ALL ORAL STATEMENTS, MADE BY THE
DEFENDANT OR A CO-DEFENDANT;
(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 RELATE TO THE SUBJECT MATTER OF THE CASE;
(E) ALL STATEMENTS OR REPORTS UPON WHICH THE PROSECUTION RELIES IN THE
HEARING; AND
(F) ALL FACTS, EVIDENCE, AND INFORMATION FAVORABLE TO THE DEFENDANT,
INCLUDING BUT NOT LIMITED TO INFORMATION THAT TENDS TO NEGATE THE
DEFENDANT'S GUILT OR THAT TENDS TO MITIGATE THE DEFENDANT'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 WOULD TEND TO REDUCE THE
PUNISHMENT OF THE DEFENDANT, OR THAT IS RELEVANT TO A WITNESS'S CREDI-
BILITY, WITHOUT REGARD TO THE MATERIALITY OF THE INFORMATION.
3. IN HEARINGS IN CASES FOR WHICH THERE IS NO INDICTMENT, THE PEOPLE
SHALL ESTABLISH PROBABLE CAUSE THAT THE ELIGIBLE DEFENDANT COMMITTED THE
CHARGED OFFENSE. THE PEOPLE MUST ESTABLISH BY CLEAR AND CONVINCING
EVIDENCE THAT THE DEFENDANT POSES A HIGH RISK OF INTENTIONAL FLIGHT FOR
THE PURPOSE OF EVADING CRIMINAL PROSECUTION AND THAT NO CONDITION OR
COMBINATION OF CONDITIONS IN THE COMMUNITY WILL REASONABLY ASSURE THE
DEFENDANT'S RETURN TO COURT.
S. 3579--A 13
4. IN DETERMINING WHETHER THE DEFENDANT PRESENTS A HIGH RISK OF INTEN-
TIONAL FLIGHT FOR THE PURPOSE OF EVADING CRIMINAL PROSECUTION AND WHETH-
ER NO CONDITION OR COMBINATION OF CONDITIONS IN THE COMMUNITY WILL
REASONABLY ASSURE THE DEFENDANT'S RETURN TO COURT, THE COURT MAY TAKE
INTO ACCOUNT THE FOLLOWING INFORMATION:
(A) THE NATURE AND CIRCUMSTANCES OF THE CHARGED OFFENSE;
(B) THE WEIGHT OF THE EVIDENCE AGAINST THE DEFENDANT, EXCEPT THAT THE
COURT MAY CONSIDER THE ADMISSIBILITY OF ANY EVIDENCE SOUGHT TO BE
EXCLUDED;
(C) THE DEFENDANT'S CURRENT AND PRIOR HISTORY OF FAILURE TO APPEAR IN
COURT WHETHER SUCH FAILURES TO APPEAR WERE WILLFUL; AND
(D) WHETHER, AT THE TIME OF THE CURRENT OFFENSE OR ARREST, THE DEFEND-
ANT WAS ON PROBATION, PAROLE, OR ON RELEASE PENDING TRIAL, SENTENCING OR
COMPLETION OF A SENTENCE IN THIS STATE OR OTHER JURISDICTIONS.
5. NOTHING IN THIS SECTION SHALL INFRINGE UPON THE DEFENDANT'S RIGHT
TO RELEASE PURSUANT TO SECTIONS 170.70 AND 180.80 OF THIS CHAPTER.
§ 545.40 ORDER FOR PRETRIAL DETENTION.
IN A PRETRIAL DETENTION ORDER ISSUED PURSUANT TO SECTION 545.10 OF
THIS ARTICLE, THE COURT SHALL:
1. INCLUDE WRITTEN FINDINGS OF FACT AND A WRITTEN STATEMENT OF THE
REASONS FOR THE DETENTION; AND
2. DIRECT THAT THE ELIGIBLE DEFENDANT BE AFFORDED REASONABLE OPPORTU-
NITY FOR PRIVATE CONSULTATION WITH COUNSEL.
§ 545.50 REOPENING OF PRETRIAL HEARING.
A PRETRIAL DETENTION HEARING MAY BE RE-OPENED, REGARDLESS OF WHETHER A
PRETRIAL DETENTION ORDER HAS BEEN PREVIOUSLY ISSUED, UPON A MOTION BY
THE PEOPLE OR BY THE DEFENDANT, AT ANY TIME BEFORE FINAL DISPOSITION, IF
THE COURT FINDS EITHER A CHANGE OF CIRCUMSTANCES OR THAT INFORMATION
EXISTS THAT WAS NOT KNOWN TO THE PEOPLE OR TO THE DEFENDANT AT THE TIME
OF THE HEARING, THAT HAS A MATERIAL BEARING ON THE ISSUE OF WHETHER
DEFENDANT PRESENTS A HIGH RISK OF INTENTIONAL FLIGHT FOR THE PURPOSE OF
EVADING CRIMINAL PROSECUTION, AND WHETHER NO CONDITION OR COMBINATION OF
CONDITIONS IN THE COMMUNITY WILL REASONABLY ASSURE THE DEFENDANT'S
RETURN TO COURT.
§ 545.60 LENGTH OF DETENTION FOR DEFENDANT HELD UNDER A PRETRIAL
DETENTION ORDER.
1. WHERE A DEFENDANT HAS BEEN COMMITTED TO THE CUSTODY OF THE SHERIFF
IN A CRIMINAL ACTION, THE DEFENDANT MUST BE RELEASED ON HIS OR HER OWN
RECOGNIZANCE OR ON NON-MONETARY CONDITIONS OF RELEASE IF THE DEFENDANT
HAS NOT BEEN BROUGHT TO TRIAL WITHIN:
(A) ONE HUNDRED TWENTY DAYS FROM THE DEFENDANT'S ARRAIGNMENT ON AN
INDICTMENT OR SUPERIOR COURT INFORMATION, OR FROM THE DEFENDANT'S
COMMITMENT TO THE CUSTODY OF THE SHERIFF, WHICHEVER IS LATER, IN A CRIM-
INAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES, AT
LEAST ONE OF WHICH IS A FELONY;
(B) THIRTY DAYS FROM THE DEFENDANT'S COMMITMENT TO THE CUSTODY OF THE
SHERIFF IN A CRIMINAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR
MORE OFFENSES, AT LEAST ONE OF WHICH IS A MISDEMEANOR PUNISHABLE BY A
SENTENCE OF IMPRISONMENT OF MORE THAN THREE MONTHS AND NONE OF WHICH IS
A FELONY;
(C) FIFTEEN DAYS FROM THE DEFENDANT'S COMMITMENT TO THE CUSTODY OF THE
SHERIFF IN A CRIMINAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR
MORE OFFENSES, AT LEAST ONE OF WHICH IS A MISDEMEANOR PUNISHABLE BY A
SENTENCE OF IMPRISONMENT OF NOT MORE THAN THREE MONTHS AND NONE OF WHICH
IS A CRIME PUNISHABLE BY A SENTENCE OF IMPRISONMENT OF MORE THAN THREE
MONTHS; OR
S. 3579--A 14
(D) FIVE DAYS FROM THE DEFENDANT'S COMMITMENT TO THE CUSTODY OF THE
SHERIFF IN A CRIMINAL ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR
MORE OFFENSES, AT LEAST ONE OF WHICH IS A VIOLATION OR VEHICLE AND TRAF-
FIC LAW INFRACTION AND NONE OF WHICH IS A CRIME.
2. THE TIME WITHIN WHICH A DEFENDANT MUST BE BROUGHT TO TRIAL FOR THE
PURPOSES OF PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS SECTION
MAY BE EXTENDED UPON A SHOWING OF EXCEPTIONAL CIRCUMSTANCES, BUT BY NO
MORE THAN TWO PERIODS OF UP TO TWENTY DAYS EACH IN A CRIMINAL ACTION
WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES, AT LEAST ONE
OF WHICH IS A FELONY, OR ONE PERIOD OF UP TO TEN DAYS IN A CRIMINAL
ACTION WHEREIN THE DEFENDANT IS ACCUSED OF ONE OR MORE OFFENSES, AT
LEAST ONE OF WHICH IS A MISDEMEANOR PUNISHABLE BY A SENTENCE OF IMPRI-
SONMENT OF MORE THAN THREE MONTHS AND NONE OF WHICH IS A FELONY. IN
COMPUTING THE TIME WITHIN WHICH A DEFENDANT MUST BE BROUGHT TO TRIAL FOR
THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING PERIODS SHALL BE
EXCLUDED:
(A) ANY PERIOD FROM THE FILING OF THE NOTICE OF APPEAL TO THE ISSUANCE
OF THE MANDATE IN AN INTERLOCUTORY APPEAL;
(B) ANY PERIOD ATTRIBUTABLE TO ANY EXAMINATION TO DETERMINE THE
DEFENDANT'S SANITY OR LACK THEREOF OR HIS OR HER MENTAL OR PHYSICAL
COMPETENCY TO STAND TRIAL;
(C) ANY PERIOD ATTRIBUTABLE TO THE INABILITY OF THE DEFENDANT TO
PARTICIPATE IN THE DEFENDANT'S DEFENSE BECAUSE OF MENTAL INCOMPETENCY OR
PHYSICAL INCAPACITY; AND
(D) ANY PERIOD IN WHICH THE DEFENDANT IS OTHERWISE UNAVAILABLE FOR
TRIAL.
3. IF THE DEFENDANT HAS NOT BEEN BROUGHT TO TRIAL WITHIN THE APPLICA-
BLE TIME PERIOD ESTABLISHED BY THIS SUBDIVISION, THE DEFENDANT SHALL BE
RELEASED OF HIS OR HER OWN RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS
OF RELEASE PENDING TRIAL, UNLESS:
(A) THE TRIAL IS IN PROGRESS;
(B) THE TRIAL HAS BEEN DELAYED BY THE TIMELY FILING OF MOTIONS,
EXCLUDING MOTIONS FOR CONTINUANCES; OR
(C) THE TRIAL HAS BEEN DELAYED AT THE REQUEST OF THE DEFENDANT.
§ 23. Article 68 of the insurance law is REPEALED.
§ 24. 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 or has failed to appear
before the court as requested, the court 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 provisions
of [subdivision one of] section [530.60] 545.50 of this chapter relating
to [revocation of recognizance or bail] ISSUANCE OF SECURING ORDERS
shall apply to such proceedings under this subdivision.
§ 25. Subdivision 2 of section 620.40 of the criminal procedure law is
amended to read as follows:
S. 3579--A 15
2. If the proceeding is adjourned at the prospective witness'
instance, for the purpose of obtaining counsel or otherwise, the court
must order him to appear upon the adjourned date. The court may further
[fix bail] IMPOSE NON-MONETARY CONDITIONS to secure his appearance upon
such date or until the proceeding is completed [and, upon default there-
of, may commit him to the custody of the sheriff for such period].
§ 26. Subdivisions 2 and 3 of section 620.50 of the criminal procedure
law are amended to read as follows:
2. If the court is satisfied after such hearing that there is reason-
able cause to believe that the prospective witness (a) possesses infor-
mation material to the pending action or proceeding, and (b) will not be
amenable or respond to a subpoena at a time when his attendance will be
sought, it may issue a material witness order, adjudging [him] THE INDI-
VIDUAL a material witness and [fixing bail to secure his] RELEASING THE
INDIVIDUAL ON THE INDIVIDUAL'S OWN RECOGNIZANCE UNLESS THE COURT FINDS
ON THE RECORD THAT RELEASE ON RECOGNIZANCE WILL NOT REASONABLY ASSURE
THE INDIVIDUAL'S COURT ATTENDANCE. IN SUCH INSTANCES THE COURT WILL
RELEASE THE INDIVIDUAL UNDER NON-MONETARY CONDITIONS, SELECTING THE
LEAST RESTRICTIVE ALTERNATIVE THAT WILL REASONABLY ENSURE THE INDIVID-
UAL'S future attendance.
3. [A] WHEN A material witness order [must be] IS executed [as
follows:
(a) If the bail is posted and approved], IF NON-MONETARY CONDITIONS
ARE IMPOSED by the court, the witness must[, as provided in subdivision
three 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 of
section 510.40, be committed to the custody of the sheriff].
§ 27. Section 216 of the judiciary law is amended by adding a new
subdivision 5 to read as follows:
5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA AND REPORT
ANNUALLY REGARDING PRETRIAL RELEASE AND DETENTION. SUCH DATA AND REPORT
SHALL CONTAIN INFORMATION CATEGORIZED BY GENDER, RACIAL AND ETHNIC BACK-
GROUND, REGARDING THE NATURE OF THE CRIMINAL OFFENSES, THE NUMBER OF
INDIVIDUALS RELEASED ON RECOGNIZANCE, THE NUMBER OF INDIVIDUALS RELEASED
ON NON-MONETARY CONDITIONS, INCLUDING THE CONDITIONS IMPOSED, THE NUMBER
OF INDIVIDUALS COMMITTED TO THE CUSTODY OF A SHERIFF PRIOR TO TRIAL, THE
RATES OF FAILURE TO APPEAR AND REARREST AND ANY OTHER SUCH INFORMATION
AS THE CHIEF ADMINISTRATOR MAY FIND NECESSARY AND APPROPRIATE.
§ 28. This act shall take effect November 1, 2019.
