S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5667
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2025
                                ___________
 
 Introduced  by  Sens.  ASHBY,  CANZONERI-FITZPATRICK, GALLIVAN, MATTERA,
   MURRAY, OBERACKER, RHOADS, ROLISON, WALCZYK, WEBER, WEIK -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  eliminating
   bail;  to  amend  the  executive  law,  in  relation to establishing a
   commission on public safety reform; and to repeal  certain  provisions
   of the criminal procedure law and the lien law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of  section  140.20  of  the  criminal
 procedure  law, as amended by section 3 of subpart B of part VV of chap-
 ter 56 of the laws of 2023 and the opening paragraph  of  subdivision  2
 and  paragraph  (a) of subdivision 3 as separately amended by chapter 23
 of the laws of 2024, are amended to read as follows:
   2. If the arrest is for an offense other than a class A,  B,  C  or  D
 felony  or a violation of section 130.25, former section 130.40, section
 205.10, 205.17, 205.19 or 215.56 of the penal law, or other  than  where
 an arrest is required to be made pursuant to subdivision four of section
 140.10 of this article, the arrested person need not be brought before a
 local  criminal court as provided in subdivision one, and [the procedure
 may instead be as follows:
   (a) A] INSTEAD A police officer may  issue  and  serve  an  appearance
 ticket  upon  the  arrested  person  and  release [him] SUCH PERSON from
 custody, as prescribed in subdivision two  of  section  150.20  of  this
 title[; or
   (b)  The  desk  officer  in charge at a police station, county jail or
 police headquarters, or any of his superior officers, may, in such place
 fix pre-arraignment bail and, upon deposit thereof, issue and  serve  an
 appearance  ticket  upon the arrested person and release him from custo-
 dy].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10084-02-5
              

 S. 5667                             2
 
   3. Other than where an arrest is  required  to  be  made  pursuant  to
 subdivision four of section 140.10 of this article, if (a) the arrest is
 for  an offense other than a class A, B, C or D felony or a violation of
 section 130.25, former section 130.40, section 205.10, 205.17, 205.19 or
 215.56  of  the  penal  law,  and (b) owing to unavailability of a local
 criminal court the arresting police  officer  is  unable  to  bring  the
 arrested  person  before such a court with reasonable promptness, either
 an appearance ticket must be served unconditionally  upon  the  arrested
 person [or pre-arraignment bail must be fixed, as prescribed in subdivi-
 sion two. If pre-arraignment bail is fixed but not posted, such arrested
 person  may  be temporarily held in custody but must be brought before a
 local criminal court without unnecessary delay].  Nothing  contained  in
 this subdivision requires a police officer to serve an appearance ticket
 upon  an  arrested person or release [him] SUCH PERSON from custody at a
 time when such person appears to be  under  the  influence  of  alcohol,
 narcotics or other drug to the degree that [he] SUCH PERSON may endanger
 [himself] THEMSELF or other persons.
   § 2. Subdivision 3 of section 140.40 of the criminal procedure law, as
 amended  by chapter 550 of the laws of 1987 and the opening paragraph as
 amended by chapter 23 of the  laws  of  2024,  is  amended  to  read  as
 follows:
   3.  If  the  arrest  is for an offense other than a class A, B, C or D
 felony or a violation of section 130.25, former section 130.40,  section
 205.10,  205.17,  205.19 or 215.56 of the penal law, the arrested person
 need not be brought before a local criminal court, as provided in subdi-
 vision one, and [the procedure may instead be as follows:
   (a) An] INSTEAD AN appropriate police officer may issue and  serve  an
 appearance ticket upon the arrested person and release [him] SUCH PERSON
 from custody, as prescribed in subdivision two of section 150.20[; or
   (b)  The  desk  officer  in charge at the appropriate police officer's
 station, county jail or police headquarters,  or  any  of  his  superior
 officers, may, in such place, fix pre-arraignment bail and, upon deposit
 thereof,  issue  and serve an appearance ticket upon the arrested person
 and release him from custody, as prescribed in section 150.30]  OF  THIS
 TITLE.
   §  3.  The  section heading and subdivision 7 of section 170.10 of the
 criminal procedure law are amended to read as follows:
   Arraignment  upon   information,   simplified   traffic   information,
 prosecutor's information or misdemeanor complaint; defendant's presence,
 defendant's  rights,  court's  instructions  and  [bail]  SECURING ORDER
 matters.
   7. Upon the arraignment, the court, unless it intends to make a  final
 disposition  of  the action immediately thereafter, must, as provided in
 subdivision one of section 530.20 OF  THIS  CHAPTER,  issue  a  securing
 order  either  releasing  the  defendant  on  [his] SUCH DEFENDANT'S own
 recognizance [or fixing bail], UNDER NON-MONETARY CONDITIONS, OR,  WHERE
 AUTHORIZED,  COMMITTING  THE DEFENDANT TO THE CUSTODY OF THE SHERIFF for
 [his] SUCH DEFENDANT'S future appearance  in  the  action;  except  that
 where a defendant appears by counsel pursuant to paragraph (b) of subdi-
 vision  one  of  this  section,  the court must release the defendant on
 [his] SUCH DEFENDANT'S own recognizance.
   § 4. Paragraph (a) and the opening paragraph and subparagraph (xi)  of
 paragraph  (b) of subdivision 1 of section 150.20 of the criminal proce-
 dure law, paragraph (a) as separately amended by section 1 of subpart  B
 of  part VV of chapter 56 of the laws of 2023 and chapter 23 of the laws
 of 2024, the opening paragraph of paragraph (b) as added by section  1-a
 S. 5667                             3
 
 of  part  JJJ  of  chapter  59 of the laws of 2019, subparagraph (xi) of
 paragraph (b) of subdivision 1 as added by section 1  of  subpart  B  of
 part  UU  of  chapter  56  of  the  laws of 2022, are amended to read as
 follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 former  section  130.40, section 205.10, 205.17, 205.19 or 215.56 of the
 penal law, or other than where an arrest is required to be made pursuant
 to subdivision four of section 140.10 of this title, the officer [shall,
 except as set out in paragraph (b) of this subdivision] MAY, subject  to
 the  provisions of subdivisions three and four of section 150.40 of this
 title, instead issue to and serve upon such person an appearance ticket.
   An officer is not [required] AUTHORIZED to issue an appearance  ticket
 if:
   (xi)  the  offense is a qualifying offense pursuant to paragraph [(t)]
 (K) of subdivision four of section 510.10 of this chapter,  or  pursuant
 to  paragraph  [(t)]  (K)  of subdivision four of section 530.40 of this
 chapter.
   § 5. Subdivision 2 of section 170.25 of the criminal procedure law  is
 amended to read as follows:
   2.  Such order stays the proceedings in the local criminal court pend-
 ing submission of the charge to the grand jury.    Upon  the  subsequent
 filing  of  an  indictment in the superior court, the proceedings in the
 local criminal court terminate and the defendant  must  be  required  to
 appear  for  arraignment upon the indictment in the manner prescribed in
 subdivisions one and two of section 210.10 OF THIS PART. Upon the subse-
 quent filing of a grand jury dismissal of the charge, the proceedings in
 the local criminal court terminate and the superior court must,  if  the
 defendant  is not at liberty on [his] SUCH DEFENDANT'S own recognizance,
 discharge [him] SUCH DEFENDANT from custody [or exonerate his  bail,  as
 the case may be].
   §  6. Subdivision 3 of section 170.50 of the criminal procedure law is
 amended to read as follows:
   3. Upon dismissing a  prosecutor's  information  or  a  count  thereof
 pursuant to this section, the court may, upon application of the people,
 in its discretion authorize the people to resubmit the charge or charges
 to the same or another grand jury. In the absence of such authorization,
 such charge or charges may not be resubmitted to a grand jury. The rules
 prescribed in subdivisions eight and nine of section 210.45 OF THIS PART
 concerning  the discharge of a defendant from custody [or exoneration of
 bail] in the absence of an authorization to resubmit an indictment to  a
 grand  jury,  and  concerning  the  issuance of a securing order and the
 effective period thereof where such an authorization  is  issued,  apply
 equally  where  a prosecutor's information is dismissed pursuant to this
 section.
   § 7. Subdivision 2 of section 210.10 of the criminal procedure law, as
 amended by chapter 681 of the laws  of  1990,  is  amended  to  read  as
 follows:
   2.  If a felony complaint against the defendant was pending in a local
 criminal court or if the defendant was previously held by a local crimi-
 nal court for the action of the grand jury, and if the defendant  is  at
 liberty  on  [his or her] SUCH DEFENDANT'S own recognizance or [on bail]
 UNDER NON-MONETARY CONDITIONS pursuant to a previous court order  issued
 in  the same criminal action, the superior court must, upon at least two
 days notice to the defendant [and his or her surety, to any person other
 S. 5667                             4

 than the defendant who posted cash bail] and to any attorney  who  would
 be  entitled to notice under circumstances prescribed in subdivision one
 OF THIS SECTION, direct the defendant  to  appear  before  the  superior
 court  for  arraignment  on a specified date.  If the defendant fails to
 appear on such date, the court may issue a bench warrant [and, in  addi-
 tion,  may  forfeit  the  bail,  if any]. Upon taking the defendant into
 custody pursuant to such bench warrant,  the  executing  police  officer
 must  without unnecessary delay bring the defendant before such superior
 court for arraignment. If such superior  court  is  not  available,  the
 executing  police  officer  may bring the defendant to the local correc-
 tional facility of the county in which such superior court sits,  to  be
 detained there until not later than the commencement of the next session
 of such court occurring on the next business day.
   §  8.  The  section heading and subdivision 6 of section 210.15 of the
 criminal procedure law are amended to read as follows:
   Arraignment upon indictment; defendant's rights, court's  instructions
 and [bail] SECURING ORDER matters.
   6.  Upon the arraignment, the court, unless it intends to make a final
 disposition of the action immediately thereafter, must, as  provided  in
 section  530.40  OF  THIS CHAPTER, issue a securing order, releasing the
 defendant on [his] SUCH DEFENDANT'S own recognizance  or  [fixing  bail]
 UNDER  NON-MONETARY CONDITIONS or committing [him] SUCH DEFENDANT to the
 custody of the sheriff for [his] SUCH DEFENDANT'S future  appearance  in
 such action.
   §  9. Subdivisions 8 and 9 of section 210.45 of the criminal procedure
 law are amended to read as follows:
   8.  When the court dismisses the entire indictment without authorizing
 resubmission of the charge or charges to a grand  jury,  it  must  order
 that  the defendant be discharged from custody if [he] SUCH DEFENDANT is
 in the custody of the sheriff[, or if he is at liberty on bail  it  must
 exonerate the bail].
   9.    When  the  court  dismisses the entire indictment but authorizes
 resubmission of the charge or charges to a  grand  jury,  such  authori-
 zation  is,  for  purposes  of this subdivision, deemed to constitute an
 order holding the defendant for the action of a grand jury with  respect
 to  such charge or charges. Such order must be accompanied by a securing
 order either releasing the defendant on [his] SUCH DEFENDANT own  recog-
 nizance  or  [fixing  bail]  UNDER NON-MONETARY CONDITIONS or committing
 [him] SUCH DEFENDANT to the custody of the sheriff pending  resubmission
 of  the case to the grand jury and the grand jury's disposition thereof.
 Such securing order remains in effect until the first to occur of any of
 the following:
   (a)  A statement to the court by the people that they do not intend to
 resubmit the case to a grand jury;
   (b)  Arraignment of the defendant upon an indictment  or  prosecutor's
 information  filed  as  a  result of resubmission of the case to a grand
 jury.  Upon such arraignment, the arraigning  court  must  issue  a  new
 securing order;
   (c)  The  filing  with the court of a grand jury dismissal of the case
 following resubmission thereof;
   (d) The expiration of a period of forty-five days  from  the  date  of
 issuance  of  the  order;  provided that such period may, for good cause
 shown, be extended by the court to a designated subsequent date if  such
 be necessary to accord the people reasonable opportunity to resubmit the
 case to a grand jury.
 S. 5667                             5
 
   Upon the termination of the effectiveness of the securing order pursu-
 ant  to  paragraph  (a),  (c) or (d) OF THIS SUBDIVISION, the court must
 immediately order that the defendant be discharged from custody if  [he]
 SUCH DEFENDANT is in the custody of the sheriff[, or if he is at liberty
 on  bail  it must exonerate the bail]. Although expiration of the period
 of time specified in paragraph (d) without  any  resubmission  or  grand
 jury  disposition of the case terminates the effectiveness of the secur-
 ing order, it does not terminate the effectiveness of the order  author-
 izing resubmission.
   §  10.  Subdivision  6  and  paragraph (c) of subdivision 9 of section
 216.05 of the criminal procedure law, as amended by chapter 435  of  the
 laws of 2021, are amended to read as follows:
   6.  Upon  an eligible defendant's agreement to abide by the conditions
 set by the court, the court shall issue a securing order  providing  for
 [bail  or]  release on the defendant's own recognizance and conditioning
 any release upon the agreed upon conditions. The period  of  alcohol  or
 substance  use  treatment  shall  begin as specified by the court and as
 soon as practicable after the defendant's release, taking  into  account
 the  availability  of  treatment, so as to facilitate early intervention
 with respect to the defendant's  substance  use  or  condition  and  the
 effectiveness  of  the  treatment program. In the event that a treatment
 program is not immediately available or becomes unavailable  during  the
 course  of  the  defendant's  participation  in  the  judicial diversion
 program, the court may release the defendant pursuant  to  the  securing
 order.
   (c)  If  the court determines that the defendant has violated a condi-
 tion of [his or her] SUCH DEFENDANT'S release under the judicial  diver-
 sion  program,  the  court may modify the conditions thereof, reconsider
 the order of recognizance [or  bail]  pursuant  to  subdivision  two  of
 section  510.30  of  this  chapter, or terminate the defendant's partic-
 ipation in the judicial diversion program; and when  applicable  proceed
 with  the  defendant's  sentencing  in  accordance  with  the agreement.
 Notwithstanding any provision of law to  the  contrary,  the  court  may
 impose any sentence authorized for the crime of conviction in accordance
 with the plea agreement, or any lesser sentence authorized to be imposed
 on  a  felony drug offender pursuant to paragraph (b) or (c) of subdivi-
 sion two of section 70.70 of the  penal  law  taking  into  account  the
 length of time the defendant spent in residential treatment and how best
 to  continue  treatment while the defendant is serving that sentence. In
 determining what action to take for a violation of a release  condition,
 the court shall consider all relevant circumstances, including the views
 of  the  prosecutor, the defense and the alcohol or substance use treat-
 ment provider, and the extent to which persons who  ultimately  success-
 fully  complete  a  drug  treatment  regimen  sometimes  relapse  by not
 abstaining from alcohol or substance use or by failing to  comply  fully
 with  all  requirements  imposed by a treatment program. The court shall
 also consider using a system of graduated and appropriate  responses  or
 sanctions  designed  to  address  such  inappropriate behaviors, protect
 public safety and facilitate, where possible, successful  completion  of
 the alcohol or substance use treatment program.
   § 11. Subdivision 4 of section 290.10 of the criminal procedure law is
 amended to read as follows:
   4.  Upon issuing a trial order of dismissal which dismisses the entire
 indictment,  the  court  must  immediately  discharge the defendant from
 custody if he is in custody of the sheriff[, or, if he is at liberty  on
 bail, it must exonerate the bail].
 S. 5667                             6
 
   § 12. Subdivision 1 of section 330.10 of the criminal procedure law is
 amended to read as follows:
   1.  Upon  a  verdict of complete acquittal, the court must immediately
 discharge the defendant if [he] SUCH DEFENDANT is in the custody of  the
 sheriff[, or, if he is at liberty on bail, it must exonerate the bail].
   §  13.  Section  410.60  of  the criminal procedure law, as amended by
 section 23 of part JJJ of chapter 59 of the laws of 2019, 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 such person to the custody of the sheriff, [fix
 bail,] release such person under non-monetary conditions or release such
 person on 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 such person be
 released.
   §  14.  Subdivision 1 of section 410.70 of the criminal procedure law,
 as amended by chapter 17 of the laws of 2014,  is  amended  to  read  as
 follows:
   1.  In  general. The court may not revoke a sentence of probation or a
 sentence of conditional discharge, or  extend  a  period  of  probation,
 unless  (a) the court has found that the defendant has violated a condi-
 tion of the sentence and (b) the defendant has had an opportunity to  be
 heard  pursuant  to this section. The defendant is entitled to a hearing
 in accordance with this section promptly after the  court  has  filed  a
 declaration of delinquency or has committed [him or has fixed bail] SUCH
 DEFENDANT pursuant to this article.
   § 15. Paragraph (e) of subdivision 1 of section 420.10 of the criminal
 procedure law is REPEALED.
   § 16. Subdivisions 1 and 6 of section 460.50 of the criminal procedure
 law, subdivision 1 as amended by chapter 884 of the laws of 1971, subdi-
 vision  6  as  added  by chapter 168 of the laws of 1981, are amended to
 read as follows:
   1.  Upon application of a defendant who has  taken  an  appeal  to  an
 intermediate  appellate  court  from  a judgment or from a sentence of a
 criminal court, a judge designated in subdivision two  OF  THIS  SECTION
 may  issue  an order both (a) staying or suspending the execution of the
 judgment pending the determination  of  the  appeal,  and  (b)  [either]
 releasing  the  defendant  on [his] SUCH DEFENDANT'S own recognizance or
 [fixing bail] UNDER NON-MONETARY CONDITIONS pursuant to  the  provisions
 of  article five hundred thirty OF THIS CHAPTER. That phase of the order
 staying or suspending execution of the judgment does not  become  effec-
 tive  unless  and  until  the  defendant is released[, either on his own
 recognizance or upon the posting of bail].
   6. Upon application of a defendant who has been granted a  certificate
 granting leave to appeal pursuant to section 460.15 of this chapter, and
 in  accordance with the procedures set forth in subdivisions three, four
 S. 5667                             7
 
 and five of this section, the intermediate appellate court may issue  an
 order both (a) staying or suspending the execution of the judgment pend-
 ing  the  determination  of  the  appeal, and (b) [either] releasing the
 defendant  on  [his]  SUCH DEFENDANT'S own recognizance or [fixing bail]
 UNDER NON-MONETARY CONDITIONS pursuant to the provisions of article five
 hundred thirty OF THIS CHAPTER. That  phase  of  the  order  staying  or
 suspending  execution  of  the judgment does not become effective unless
 and until the defendant is released[, either on his own recognizance  or
 upon the posting of bail].
   §  17.  Subdivision 1 of section 460.60 of the criminal procedure law,
 as amended by chapter 168 of the laws of 1981, is  amended  to  read  as
 follows:
   1. (a) A judge who, pursuant to section 460.20 of this [chapter] ARTI-
 CLE,  has received an application for a certificate granting a defendant
 leave to appeal to the court of appeals from an order of an intermediate
 appellate court affirming or modifying a judgment including  a  sentence
 of imprisonment, a sentence of imprisonment, or an order appealed pursu-
 ant to section 450.15 of this [chapter] TITLE, of a criminal court, may,
 upon  application  of  such  defendant-appellant issue an order both (i)
 staying or suspending the execution of the judgment pending the determi-
 nation of the application for leave to appeal, and, if that  application
 is  granted, staying or suspending the execution of the judgment pending
 the determination of the appeal,  and (ii) either releasing the  defend-
 ant  on  [his]  SUCH DEFENDANT'S own recognizance or [continuing bail as
 previously determined or  fixing  bail]  UNDER  NON-MONETARY  CONDITIONS
 pursuant  to the provisions of article five hundred thirty OF THIS CHAP-
 TER. Such an order is effective  immediately and that phase of the order
 staying or suspending execution of the judgment does not  become  effec-
 tive  unless  and  until  the  defendant is released[, either on his own
 recognizance or upon the posting of bail].
   (b) If the application for leave to appeal  is  denied,  the  stay  or
 suspension  pending  the  application  automatically terminates upon the
 signing of the certificate denying leave.   Upon such  termination,  the
 certificate  denying  leave  must be sent to the criminal court in which
 the original judgment was entered, and the latter must  proceed  in  the
 manner  provided in subdivision five of section 460.50 of this [chapter]
 ARTICLE.
   § 18. Section 470.45 of the criminal procedure law is amended to  read
 as follows:
 § 470.45 Remission  of  case  by  appellate court to criminal court upon
            reversal or modification  of  judgment;  action  by  criminal
            court.
   Upon  reversing  or  modifying  a  judgment  and  directing corrective
 action, an appellate court must remit the case to the criminal court  in
 which  the  judgment was entered.   Such criminal court must execute the
 direction of the appellate court and must, depending upon the nature  of
 such  direction, either discharge the defendant from custody[, exonerate
 his bail] or issue a securing order.
   § 19. The article heading of article 500 of the criminal procedure law
 is amended to read as follows:
                         RECOGNIZANCE[, BAIL] AND
                     COMMITMENT--DEFINITIONS OF TERMS
   § 20. Section 500.10 of the criminal procedure law, subdivisions 1, 2,
 4, 6, 7 and  9 as amended by section 1-e and subdivisions 21 and  22  as
 added  by  section  1-f  of  part JJJ of chapter 59 of the laws of 2019,
 subdivision 3-a as amended  and subdivision 3-b as added by section 1 of
 S. 5667                             8
 
 part UU of chapter 56 of the laws of 2020,  the  opening  paragraph  and
 paragraphs  (d)  and (f) of subdivision 3-a and subdivision 5 as amended
 by section 1 of subpart A of part VV of chapter 56 of the laws of  2023,
 subdivision 3-c as added by section 1 of subpart F of part UU of chapter
 56 of the laws of 2022, subdivision 16 as further amended by section 104
 of  part  A of chapter 62 of the laws of 2011, paragraph (b) of subdivi-
 sion 17 as amended by chapter 305 of the laws of  2011,  is  amended  to
 read as follows:
 § 500.10 Recognizance[, bail] and commitment; definitions of terms.
   As  used  in  this title, and in this chapter generally, the following
 terms have the following meanings:
   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 the principal may by law be  compelled  to  appear
 before  a  court  for  the purpose of having such court exercise control
 over the principal's person to secure the principal'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 the
 principal's own recognizance when,  having  acquired  control  over  the
 principal's person, it permits the principal to be at liberty during the
 pendency  of  the  criminal action or proceeding involved upon condition
 that the principal will appear thereat whenever the principal's  attend-
 ance may be required and will at all times render the principal amenable
 to the orders and processes of the court.
   3.  ["Fix bail." A court fixes bail when, having acquired control over
 the person of a principal, it designates a sum of money  and  stipulates
 that,  if  bail  in such amount is posted on behalf of the principal and
 approved, it will permit him to be at liberty during the pendency of the
 criminal action or proceeding involved.
   3-a.] "Release under non-monetary  conditions."  A  court  releases  a
 principal  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. The conditions ordered shall reflect the  findings
 of  the  individualized determination warranting such imposition of non-
 monetary conditions to reasonably assure the principal's return to court
 and reasonably assure the principal's compliance with court  conditions.
 A  principal  shall  not  be required to pay for any part of the cost of
 release on non-monetary conditions. Such conditions may  include,  among
 other conditions reasonable under the circumstances:
   (a)  that  the principal be in contact with a pretrial services agency
 serving principals in that county;
   (b) that the principal abide by reasonable, specified restrictions  on
 travel  that are reasonably related to an actual risk of flight from the
 jurisdiction, or that the principal surrender [his or her] SUCH  PRINCI-
 PAL'S passport;
   (c)  that the principal refrain from possessing a firearm, destructive
 device or other dangerous weapon;
   (d) that, upon a  finding  in  accordance  with  subdivision  four  of
 section  510.45  of  this  title,  the  person  be  placed in reasonable
 pretrial supervision with a pretrial services agency serving  principals
 in  that  county[,  provided, however that where non-monetary conditions
 are imposed in combination with a securing order also fixing  bail,  the
 court shall not be required to make such separate finding];
 S. 5667                             9
 
   (e)  that  the principal refrain from associating with certain persons
 who are connected with the instant charge, including, when  appropriate,
 specified victims, witnesses, or co-defendants;
   (f)  that  the principal be referred to a pretrial services agency for
 placement in mandatory  programming,  including  counseling,  treatment,
 including  but  not  limited  to  mental  health and chemical dependence
 treatment, and intimate partner violence  intervention  programs.  Where
 applicable,  the court may refer the principal to a crisis stabilization
 center or direct that the principal be removed to a hospital pursuant to
 section 9.43 of the mental hygiene law;
   (g) that the principal make diligent efforts to  maintain  employment,
 housing, or enrollment in school or educational programming;
   (h)  that  the  principal  obey  an  order of protection issued by the
 court, including an order issued pursuant  to  section  530.11  of  this
 title;
   (i)  that  the principal obey conditions set by the court addressed to
 the safety of a victim of a family offense as defined in section  530.11
 of this title including conditions that may be requested by or on behalf
 of the victim; and
   (j)  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.
   [3-b.] 4. Subdivision [three-a] THREE of this section presents a  non-
 exclusive  list of conditions that may be considered and imposed by law,
 singularly or in combination, when reasonable under the circumstances of
 the defendant, the case, and the situation of the defendant.  The  court
 need  not necessarily order one or more specific conditions first before
 ordering one or more or additional conditions.
   [3-c.] 5. (a) "Release for mental health assessment  and  evaluation."
 When  a  principal  appearing  before  the  court  appears, by clear and
 convincing evidence, to be mentally ill at the present moment such  that
 if  left  unattended  their  conduct  may  result in harm to [himself or
 herself] THEMSELF or others, the court may:  order  as  a  condition  of
 release  under supervision that the principal seek a voluntary psychiat-
 ric assessment under section 9.13 of the mental hygiene law if the prin-
 cipal has a recently documented history of mental illness or psychiatric
 hospitalization, and the defense consents to the assessment.
   (b) "Involuntary assessment pending release." When a principal appear-
 ing before the court appears, by clear and convincing  evidence,  to  be
 mentally  ill  at  the present moment such that if left unattended their
 conduct may result in immediate serious harm  to  [himself  or  herself]
 THEMSELF  or others, the court may order as a condition of release under
 supervision that the principal be taken by an entity, including but  not
 limited  to,  pretrial services agencies, or another qualified provider,
 to a local hospital for immediate psychiatric  assessment  involuntarily
 under  section  9.43  of  the  mental  hygiene  law  if the principal is
 conducting [himself or herself] THEMSELF before the  court,  in  such  a
 manner  which in a person who is not mentally ill would be deemed disor-
 derly conduct which is likely to result in  immediate  serious  harm  to
 [himself or herself] THEMSELF or others. The court is also authorized to
 request peace officers, when acting pursuant to their special duties, or
 police  officers,  who are members of an authorized police department or
 force or of a sheriff's department, to take into custody  and  transport
 S. 5667                            10
 
 such person to a hospital for determination by the director of community
 services  when  such  person  qualifies  for  admission pursuant to this
 section. The court may authorize an ambulance  service,  as  defined  by
 subdivision  two of section three thousand one of the public health law,
 to transport such person to any hospital specified in subdivision (a) of
 section 9.39 of the mental hygiene law or any comprehensive  psychiatric
 emergency  program  specified  in subdivision (a) of section 9.40 of the
 mental hygiene law,  that  is  willing  to  receive  such  person.  Upon
 removal,  there  shall  be  a determination made by the director of such
 hospital or program whether  such  person  should  be  retained  therein
 pursuant  to section 9.39 of the mental hygiene law. If the principal is
 hospitalized, at the time of  release  the  hospital  shall  complete  a
 discharge plan with linkages to community-based mental health treatment,
 including  services  that  are  provided after the individual has stabi-
 lized, if applicable and other community-based services as may be deemed
 necessary and appropriate and notify pretrial services agencies and  the
 defense  counsel  of  the person's discharge. Pretrial services agencies
 are responsible for ensuring continuity of care for the principal in the
 community.
   (c) "Pretrial services." Pretrial services agencies shall be required,
 upon the request of the court to provide a summary  of  the  assessment,
 limited  to  necessary  and relevant information relating to the princi-
 pal's completion of an assessment and evaluation, placement,  treatment,
 and  discharge  from  the  hospital  solely  for the purpose of ensuring
 compliance with the conditions of release and  in  accordance  with  any
 applicable state and federal confidentiality laws. Conditions of release
 may not be revoked solely based on noncompliance with treatment.
   (d)  "Confidential."  Any  clinical  record  produced as a part of the
 assessment, services or treatment plans required pursuant to this subdi-
 vision shall be considered confidential and shall not be considered part
 of the public record, and access to such records  shall  be  limited  in
 accordance with applicable federal and state privacy laws. Such informa-
 tion  shall  not be used as part of the criminal proceeding and shall be
 expunged upon the resolution of the case.
   (e) "Referral." Courts shall refer the principal,  where  appropriate,
 to  a  judicial  diversion  program as defined in section 216.00 of this
 chapter or to any other appropriate treatment court.
   [4.] 6. "Commit to the custody of the sheriff."   A  court  commits  a
 principal  to  the  custody of the sheriff when, having acquired control
 over the principal's person, it orders that the principal be confined in
 the custody of the sheriff during the pendency of the criminal action or
 proceeding involved.
   [5.] 7. "Securing order" means an order of a court committing a  prin-
 cipal  to the custody of the sheriff [or fixing bail, where authorized,]
 or releasing the  principal  on  the  principal's  own  recognizance  or
 releasing the principal under non-monetary conditions.
   [6.]  8.  "Order  of  recognizance  or [bail] NON-MONETARY CONDITIONS"
 means a securing order releasing a  principal  on  the  principal's  own
 recognizance  or  under  non-monetary  conditions [or, where authorized,
 fixing bail].
   [7.] 9. "Application for recognizance or  [bail]  NON-MONETARY  CONDI-
 TIONS"  means  an  application by a principal that the court, instead of
 committing the principal to or retaining the principal in the custody of
 the sheriff, either release the principal on the principal's own  recog-
 nizance,  OR  release  under non-monetary conditions[, or, where author-
 ized, fix bail].
 S. 5667                            11
 
   [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, a bail bond or money paid with a credit
 card.
   10. "Cash bail" means a sum of money, in the amount designated  in  an
 order  fixing  bail,  posted  by a principal or by another person on his
 behalf with a court or other authorized public servant or  agency,  upon
 the  condition  that such money will become forfeit to the people of the
 state of New York if the principal does not comply with  the  directions
 of a court requiring his attendance at the criminal action or proceeding
 involved or does not otherwise render himself amenable to the orders and
 processes of the court.
   11.  "Obligor"  means a person who executes a bail bond on behalf of a
 principal and thereby assumes the  undertaking  described  therein.  The
 principal himself may be an obligor.
   12. "Surety" means an obligor who is not a principal.
   13.  "Bail  bond" means a written undertaking, executed by one or more
 obligors, that the principal designated in such instrument  will,  while
 at liberty as a result of an order fixing bail and of the posting of the
 bail  bond  in  satisfaction  thereof,  appear  in a designated criminal
 action or proceeding when  his  attendance  is  required  and  otherwise
 render  himself  amenable  to the orders and processes of the court, and
 that in the event that he fails to do so the obligor  or  obligors  will
 pay  to the people of the state of New York a specified sum of money, in
 the amount designated in the order fixing bail.
   14. "Appearance bond" means a bail bond in which the only  obligor  is
 the principal.
   15.  "Surety  bond" means a bail bond in which the obligor or obligors
 consist of one or more sureties or of one or more sureties and the prin-
 cipal.
   16. "Insurance company bail bond" means a surety bond, executed in the
 form prescribed by the superintendent of financial  services,  in  which
 the  surety-obligor  is  a corporation licensed by the superintendent of
 financial services to engage in the business of executing bail bonds.
   17. "Secured bail bond" means a bail bond secured by either:
   (a) Personal property which is not exempt from  execution  and  which,
 over and above all liabilities and encumbrances, has a value equal to or
 greater than the total amount of the undertaking; or
   (b) Real property having a value of at least twice the total amount of
 the  undertaking. For purposes of this paragraph, value of real property
 is determined by either:
   (i) dividing the last assessed value of  such  property  by  the  last
 given  equalization  rate  or in a special assessing unit, as defined in
 article eighteen of the real property tax  law,  the  appropriate  class
 ratio  established pursuant to section twelve hundred two of such law of
 the assessing municipality wherein  the  property  is  situated  and  by
 deducting  from  the  resulting  figure the total amount of any liens or
 other encumbrances upon such property; or
   (ii) the value of the property as indicated in a  certified  appraisal
 report submitted by a state certified general real estate appraiser duly
 licensed  by  the department of state as provided in section one hundred
 sixty-j of the executive law, and by deducting from the appraised  value
 the  total amount of any liens or other encumbrances upon such property.
 A lien report issued by a title insurance company licensed under article
 sixty-four of the insurance law, that guarantees the  correctness  of  a
 S. 5667                            12

 lien  search  conducted  by it, shall be presumptive proof of liens upon
 the property.
   18.  "Partially secured bail bond" means a bail bond secured only by a
 deposit of a sum of money not exceeding ten percent of the total  amount
 of the undertaking.
   19.  "Unsecured  bail bond" means a bail bond, other than an insurance
 company bail bond, not secured by any deposit of or lien upon property.
   20.] 10. "Court" includes, where appropriate, a  judge  authorized  to
 act as described in a particular statute, though not as a court.
   [21.]  11.  "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
 circumstances of paragraph (b) of subdivision two of section  530.60  of
 this  title apply, OR ANY CRIME WHERE SUCH CONDUCT AROSE WHILE THE PRIN-
 CIPAL WAS RELEASED ON SUCH PRINCIPAL'S OWN RECOGNIZANCE, RELEASED  UNDER
 CONDITIONS  OR  HAD  YET  TO  BE  ARRAIGNED AFTER THE ISSUANCE OF A DESK
 APPEARANCE TICKET FOR A SEPARATE OFFENSE, or any misdemeanor  where  the
 defendant stands previously convicted, within the past [five] TEN years,
 of  [a  violent  felony offense as defined in section 70.02 of the penal
 law] ANY CRIME. For the purposes of  this  subdivision,  in  calculating
 such [five] TEN year period, any period of time during which the defend-
 ant  was  incarcerated for any reason between the time of the commission
 of any such previous crime and the time of  commission  of  the  present
 crime  shall  be  excluded  and  such  [five]  TEN  year period shall be
 extended by a period or periods equal to  the  time  served  under  such
 incarceration.
   [22.]  12.  "Misdemeanor  crime of domestic violence," for purposes of
 subdivision [twenty-one] ELEVEN of this  section,  means  a  misdemeanor
 under  the  penal law provisions and circumstances described in subdivi-
 sion one of section 530.11 of this title.
   § 21. The article heading of article 510 of the criminal procedure law
 is amended to read as follows:
                    RECOGNIZANCE[, BAIL] AND COMMITMENT--
               DETERMINATION OF APPLICATION FOR RECOGNIZANCE
                [OR BAIL], ISSUANCE OF SECURING ORDERS, AND
                              RELATED MATTERS
   § 22. Section 510.10 of the criminal  procedure  law,  as  amended  by
 section  2  of  part  JJJ of chapter 59 of the laws of 2019, the opening
 paragraph as added and the opening paragraph of subdivision 1,  subdivi-
 sion 3, and the opening paragraph of subdivision 4 as amended by section
 2 of subpart A of part VV of chapter 56 of the laws of 2023, subdivision
 1  as  amended by section 1 of subpart C of part UU of chapter 56 of the
 laws of 2022, subdivision 4 as amended by section  2 of part UU of chap-
 ter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision  4  as
 amended  and  paragraph  (u)  of  subdivision 4 as added by section 2 of
 subpart B of part UU of chapter 56 of the laws of 2022,  is  amended  to
 read as follows:
 § 510.10 Securing order; when required; alternatives available; standard
            to be applied.
   The  imposition  of a specific type of securing order is in some cases
 required by law and in other cases within the discretion of the court in
 accordance with the principles of, and pursuant to its authority granted
 under, this title.
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action or proceeding is or may be required, comes under the control of a
 S. 5667                            13

 court,  such court shall impose a securing order in accordance with this
 title.  Except as otherwise required by law, the  court  shall  make  an
 individualized determination as to whether the principal poses a risk of
 flight  to  avoid prosecution[,] OR WHETHER THE PRINCIPAL POSES A DANGER
 TO THEMSELVES, ANOTHER PERSON, OR THE COMMUNITY AS A  WHOLE.  IN  MAKING
 SUCH  DETERMINATION,  THE  COURT  SHALL  consider the kind and degree of
 control or restriction necessary to reasonably  assure  the  principal's
 return  to court AND TO PREVENT THE PRINCIPAL FROM HARMING THEMSELVES OR
 OTHERS, and select a securing order consistent  with  its  determination
 under this subdivision. The court shall explain the basis for its deter-
 mination  and  its choice of securing order on the record or in writing.
 In making a determination under this subdivision, the court must consid-
 er and take into account  available  information  about  the  principal,
 including:
   (a)  The  principal's CHARACTER, REPUTATION, HABITS, MENTAL CONDITION,
 activities and history;
   (b) If the principal is a defendant, the charges facing the  principal
 AND  THE  WEIGHT  OF  THE EVIDENCE AGAINST SUCH PRINCIPAL IN THE PENDING
 CRIMINAL ACTION AND ANY  OTHER  FACTOR  INDICATING  THE  PROBABILITY  OR
 IMPROBABILITY OF CONVICTION;
   (c) The principal's criminal conviction record if any;
   (d)  The  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.1 of  the  family  court
 act,  or,  of  pending cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) The principal's previous record IN COMPLYING  WITH  COURT  ORDERS,
 INCLUDING  ORDERS  TO APPEAR WHEN REQUIRED, OR with respect to flight to
 avoid criminal prosecution;
   (f) [If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without  posing  undue  hardship, as well as his or her ability to
 obtain a secured, unsecured, or partially secured bond;
   (g)] Any violation by the principal of an order of  protection  issued
 by any court;
   [(h)] (G) The principal's history of use or possession of a firearm;
   [(i)] (H) Whether the charge is alleged to have caused serious harm to
 an individual or group of individuals; and
   [(j)]  (I) If the principal is a defendant, in the case of an applica-
 tion for a securing order pending appeal, the merit or lack of merit  of
 the appeal.
   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 other than as described in subdivision  four  OR  FIVE  of
 this section, 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 as
 provided for in subdivision three-a of section 500.10 of this title that
 will reasonably assure the principal's return to court. The court  shall
 explain its choice of securing order on the record or in writing.
 S. 5667                            14
 
   4.  Where  the  principal  stands  charged with a [qualifying offense]
 FELONY, EXCEPT A CLASS E FELONY UNDER TITLE J OR K OF THE PENAL LAW,  OR
 A  QUALIFYING  MISDEMEANOR, OR WHERE THE COURT HAS FOUND THAT COMMITTING
 THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF IS WARRANTED UNDER  SUBDIVI-
 SION  FIVE  OF  THIS  SECTION, the court, unless otherwise prohibited by
 law, may in its discretion release the principal pending  trial  on  the
 principal's  own  recognizance  or  under  non-monetary conditions, [fix
 bail, or order non-monetary conditions in conjunction with fixing bail,]
 or, [where the defendant is charged with a qualifying offense which is a
 felony, the court may] commit the principal to the custody of the  sher-
 iff.  A principal stands charged with a qualifying [offense] MISDEMEANOR
 for the purposes of this subdivision when [he  or  she]  SUCH  PRINCIPAL
 stands charged with:
   (a) [a felony enumerated in section 70.02 of the penal law, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law,  or  a  crime involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this title;
   (i) facilitating a sexual performance by a  child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 S. 5667                            15

 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this title;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 S. 5667                            16

 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; or
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to  a  minor  as defined in section 265.16 of the penal law]
 WITNESS TAMPERING IN THE FOURTH DEGREE AS DEFINED IN SECTION  215.10  OF
 THE PENAL LAW;
   (B) A MISDEMEANOR UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (C) CONSPIRACY IN THE FIFTH DEGREE AS DEFINED IN SECTION 105.05 OF THE
 PENAL  LAW  WHERE  THE UNDERLYING ALLEGATIONS OF SUCH CHARGE IS THAT THE
 DEFENDANT CONSPIRED TO COMMIT A FELONY  OR  MISDEMEANOR  THAT  OTHERWISE
 QUALIFIES FOR BAIL;
   (D)  CRIMINAL  CONTEMPT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
 THREE OF SECTION 215.50 OF THE PENAL LAW;
   (E) A SPECIFIED OFFENSE  ENUMERATED  IN  SUBDIVISION  TWO  OF  SECTION
 240.75  OF  THE  PENAL  LAW  WHERE  SUCH OFFENSE IS ALLEGED TO HAVE BEEN
 COMMITTED AGAINST A MEMBER OF THE DEFENDANT'S SAME FAMILY  OR  HOUSEHOLD
 AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE;
   (F)  ANY  MISDEMEANOR  WHEN  SUCH  CRIME IS CHARGED AS A HATE CRIME AS
 DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (G) BAIL JUMPING IN THE THIRD DEGREE AS DEFINED IN SECTION  215.55  OF
 THE PENAL LAW;
   (H)  ESCAPE  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 205.05 OF THE
 PENAL LAW;
   (I) ANY MISDEMEANOR INVOLVING INTENTIONALLY CAUSING  HARM  TO  ANOTHER
 PERSON OR AN ANIMAL;
   (J)  ANY  MISDEMEANOR  INVOLVING  THE USE AND POSSESSION OF A FIREARM,
 SHOTGUN OR RIFLE;
   (K) ANY CLASS A MISDEMEANOR WHERE SUCH CHARGE AROSE FROM CONDUCT WHILE
 THE  DEFENDANT  WAS  RELEASED  ON  SUCH  DEFENDANT'S  OWN  RECOGNIZANCE,
 RELEASED  UNDER CONDITIONS OR HAD YET TO BE ARRAIGNED AFTER THE ISSUANCE
 OF A DESK APPEARANCE TICKET FOR A SEPARATE OFFENSE;
   (L) ANY OTHER OFFENSE THAT THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
 HAS IDENTIFIED PURSUANT TO ARTICLE FIFTY OF THE EXECUTIVE LAW.
   5.  [Notwithstanding  the provisions of subdivisions three and four 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] WHERE A DEFENDANT  IS  CHARGED
 WITH  AN  OFFENSE  THAT  DOES  NOT  QUALIFY FOR PRETRIAL DETENTION UNDER
 SUBDIVISION FOUR OF THIS SECTION, THE COURT MAY COMMIT THE PRINCIPAL  TO
 THE CUSTODY OF THE SHERIFF IF THE COURT MAKES AN INDIVIDUALIZED DETERMI-
 NATION  THAT  THE  PRINCIPAL  POSES  A SUBSTANTIAL RISK OF HARM TO THEM-
 SELVES, OTHERS OR THE COMMUNITY AS A WHOLE, OR WHERE  THE  COURT  DETER-
 MINES  THAT  THE  DEFENDANT  HAS  AN  ESTABLISHED  HISTORY OF DISOBEYING
 DIRECTIVES OF THE COURT.
 S. 5667                            17

   (A) THE COURT MAY CONSIDER  THE  FOLLOWING  FACTORS  WHEN  DETERMINING
 WHETHER A PRINCIPAL POSES A RISK OF HARM:
   (I) THE NATURE OF THE PRINCIPAL'S PRIOR CONVICTIONS, INCLUDING WHETHER
 THE  PRINCIPAL  HAS  BEEN  CONVICTED  OF  ANY VIOLENT FELONIES LISTED IN
 SECTION 70.02 OF THE PENAL LAW;
   (II) THE PRINCIPAL'S ACCESS TO WEAPONS;
   (III) WHETHER THE PRINCIPAL HAS ANY ASSOCIATION WITH A CRIMINAL STREET
 GANG, AS DEFINED IN SECTION 10-170 OF THE  ADMINISTRATIVE  CODE  OF  THE
 CITY  OF NEW YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10
 OF THE PENAL LAW; AND
   (IV) ANY HISTORY OF THREATS OR  INTIMIDATION  TO  WITNESSES  IN  PRIOR
 CRIMINAL PROCEEDINGS.
   (B)  THE  COURT  MAY  CONSIDER  THE FOLLOWING FACTORS WHEN DETERMINING
 WHETHER A PRINCIPAL HAS AN ESTABLISHED HISTORY OF DISOBEYING  DIRECTIVES
 OF THE COURT:
   (I) ANY HISTORY OF BENCH WARRANTS FAILURES TO APPEAR;
   (II) PREVIOUS VIOLATION OF ORDERS OF PROTECTION;
   (III)  ANY HISTORY OF REARRESTS WHILE OTHER CHARGES ARE PENDING; AND
   (IV)  ANY HISTORY OF WITNESS INTIMIDATION OR TAMPERING.
   6.  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 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 commit-
 ted 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 order.
   §  23.  Section  510.20  of  the criminal procedure law, as amended by
 section 3 of part JJJ of chapter 59 of the laws of 2019,  subdivision  1
 and paragraph (b) of subdivision 2 as amended and subdivision 3 as added
 by  section 3 of subpart A of part VV of chapter 56 of the laws of 2023,
 is amended to read as follows:
 § 510.20 Application for a change in securing order.
   1. Upon any occasion when a court has issued  a  securing  order  with
 respect  to  a principal and the principal is confined in the custody of
 the sheriff as a result of the securing order  or  a  previously  issued
 securing  order,  the  principal  may  make  an application for recogni-
 zance[,] OR release under non-monetary conditions[, bail, a reduction of
 bail, or imposition of non-monetary conditions in conjunction with  bail
 or a reduction of 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
 recognizance[,] OR release  under  non-monetary  conditions  [or,  where
 authorized,  bail,  a  reduction  of bail, or imposition of non-monetary
 conditions in conjunction with bail or a reduction  of  bail,]  must  or
 should  issue,  AND  that  the court should release the principal on the
 principal's own recognizance or under  non-monetary  conditions  [rather
 than fix bail, or where bail has been imposed, reduce the amount of bail
 and  impose  non-monetary conditions, where authorized under this title,
 and that if bail is authorized and fixed it should  be  in  a  suggested
 amount and form].
 S. 5667                            18
 
   3. When an application for a change in securing order is brought under
 this  section  and  one  or  more of the charge or charges on which such
 securing order was based have been dismissed and/or  reduced  such  that
 the  securing  order is no longer supported by the provisions of section
 510.10  of  this article, the court shall impose a new securing order in
 accordance with such section.
   § 24. Section 510.40 of the criminal  procedure  law,  as  amended  by
 section  6  of part JJJ of chapter 59 of the laws of 2019, subdivision 3
 and paragraph (b) of subdivision 4 as amended by section 5 of subpart  A
 of  part VV of chapter 56 of the laws of 2023, paragraph (c) of subdivi-
 sion 4 as amended by section 7 of part UU of chapter 56 of the  laws  of
 2020, is amended to read as follows:
 § 510.40 Court notification to principal of conditions of release and of
            alleged violations of conditions of release.
   1.  Upon  ordering that a principal be released on the principal's own
 recognizance[,] or released under non-monetary conditions, [or, if  bail
 has  been  fixed,  upon  the posting of bail,] the court must direct the
 principal to appear in the criminal action or proceeding involved  when-
 ever  the  principal's attendance may be required and to be at all times
 amenable to the orders and processes of the court. If such principal  is
 in  the  custody of the sheriff [or at liberty upon bail] at the time of
 the order, the court must direct that the principal be  discharged  from
 such [custody or, as the case may be, that the principal's bail be exon-
 erated].
   2.  [Upon  the issuance of an order fixing bail, where authorized, and
 upon the posting thereof, the court must examine the bail  to  determine
 whether  it  complies with the order. If it does, the court must, in the
 absence of some factor or circumstance which in law requires or  author-
 izes  disapproval thereof, approve the bail and must issue a certificate
 of release, authorizing the principal to be  at  liberty,  and,  if  the
 principal  is  in  the custody of the sheriff at the time, directing the
 sheriff to discharge the principal therefrom. If the bail fixed  is  not
 posted, or is not approved after being posted, the court must order that
 the  principal  be committed to the custody of the sheriff. In the event
 of any such non-approval, the court shall explain  promptly  in  writing
 the reasons therefor.
   3.]  Non-monetary  conditions  of  release shall be individualized and
 established in writing by the court. At future  court  appearances,  the
 court shall consider a lessening of conditions or modification of 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  consider  and
 may  select conditions as provided for in subdivision three-a of section
 500.10 of this title that will reasonably assure the defendant's  return
 to  court.  The  court  shall  explain  on  the record or in writing the
 reasons for its determination and for  any  changes  to  the  conditions
 imposed.
 S. 5667                            19
 
   [4.]  3.  (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]  ELEVEN of section 500.10 of
 this title, and no other realistic  non-monetary  condition  or  set  of
 non-monetary  conditions will suffice to reasonably assure a principal's
 return to court.
   (b) The specific method of electronic monitoring  of  the  principal's
 location must be approved by the court. The procedure and method of such
 electronic  monitoring  shall reflect the findings of the individualized
 determination warranting such imposition  of  electronic  monitoring  to
 reasonably  assure  the principal's return to court[, and shall be unob-
 trusive to the greatest extent practicable]  OR  MITIGATE  THE  RISK  OF
 DANGER TO THE PRINCIPAL, ANOTHER PERSON OR THE COMMUNITY.
   (c)  Electronic  monitoring  of  the  location  of  a principal may be
 conducted only by a public entity under the supervision and control of a
 county or municipality or a non-profit  entity  under  contract  to  the
 county,  municipality  or  the  state. A county or municipality shall be
 authorized to enter into a contract with another county or  municipality
 in  the  state  to  monitor  principals under non-monetary conditions of
 release in its county, but counties, municipalities and the state  shall
 not  contract  with  any  private  for-profit  entity for such purposes.
 Counties, municipalities and the state may contract with a private  for-
 profit  entity  to  supply electronic monitoring devices or other items,
 provided that any interaction with persons under  electronic  monitoring
 or  the  data  produced  by such monitoring shall be conducted solely by
 employees of a county, municipality, the state, or a  non-profit  entity
 under contract with such county, municipality or the state.
   [(d)  Electronic  monitoring  of  a  principal's location may be for a
 maximum period of sixty days, and may be renewed for such period,  after
 notice,  an opportunity to be heard and a de novo, individualized 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.] 4. 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.
   § 25. Section 510.45 of  the  criminal  procedure  law,  as  added  by
 section  8  of part JJJ of chapter 59 of the laws of 2019, is amended 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-
 S. 5667                            20
 
 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
 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[,] OR release under non-monetary conditions [or
 on bail,] or used with a principal in  the  process  of  considering  or
 determining  a  condition  or  conditions  of release or monitoring by a
 pretrial services agency, shall be promptly made available to the  prin-
 cipal  and  the principal's counsel upon written request. Any such blank
 form questionnaire, 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 used to inform determi-
 nations on release or conditions of release shall be:
   (i) designed and implemented in a way that  ensures  the  results  are
 free  from discrimination on the basis of race, national origin, sex, or
 any other protected class; 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.[ Supervision 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  determi-
 nation  explained  on  the record or in writing, that no other realistic
 non-monetary condition or set of non-monetary conditions will suffice to
 reasonably 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 supervised by the agency;
   (b)  the length of time (in months) each such person was supervised 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 supervised;
   (d) the crimes with which each person supervised was charged;
   (e) the number of persons supervised 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 supervised for whom release under conditions
 was revoked by the court, and the basis for such revocations; and
 S. 5667                            21
 
   (g)  the court disposition in each supervised case, including sentenc-
 ing information.
   §  26.  Subdivision 1 of section 510.50 of the criminal procedure law,
 as amended by section 9 of part JJJ of chapter 59 of the laws  of  2019,
 is amended to read as follows:
   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 the principal at such time and place. If the princi-
 pal is at liberty on the principal's own  recognizance  or  non-monetary
 conditions  [or  on bail], 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.
   § 27. Article 520 of the criminal procedure law is REPEALED.
   § 28. The article heading of article 530 of the criminal procedure law
 is amended to read as follows:
              [ORDERS OF RECOGNIZANCE OR BAIL] SECURING ORDERS
              WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS
                     AND PROCEEDINGS--WHEN AND BY WHAT
                             COURTS AUTHORIZED
   §  29.  Section  530.10  of  the criminal procedure law, as amended by
 section 11 of part JJJ of chapter 59 of the laws of 2019, 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
 to  issue  a  securing  order  for 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.
   § 30. The opening paragraph of subdivision 1 and subdivisions 9 and 11
 of  section  530.12 of the criminal procedure law, the opening paragraph
 of subdivision 1 as amended by chapter 526 of the laws of 2013, subdivi-
 sion 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 section 15 of part JJJ of
 chapter 59 of the laws of 2019, are amended to read as follows:
   When  a  criminal action is pending involving a complaint charging any
 crime or violation between spouses, former spouses, parent and child, or
 between members of the same family or household, as members of the  same
 family  or household are defined in subdivision one of section 530.11 of
 this article, the court, in addition to any other powers conferred  upon
 it by this chapter may issue a temporary order of protection in conjunc-
 tion  with any securing order committing the defendant to the custody of
 the sheriff or as a condition of any order  of  recognizance  or  [bail]
 RELEASE UNDER NON-MONETARY CONDITIONS or an adjournment in contemplation
 of dismissal.
   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,
 information  or  accusatory  instrument  and for reasonable cause shown,
 shall thereupon hold such respondent or defendant,  admit  to,  [fix  or
 S. 5667                            22

 accept  bail,]  or  parole [him or her] SUCH RESPONDENT OR DEFENDANT for
 hearing 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 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.
   § 31. Subdivision 8 of section 530.13 of the criminal  procedure  law,
 as added by chapter 388 of the laws of 1984, paragraph (a) as amended by
 section  13 of part JJJ of chapter 59 of the laws of 2019, is amended to
 read as follows:
   8. If a defendant is brought before the court for failure to obey  any
 lawful  order issued under this section 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 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 impose or increase bail] pending a trial of the  original  crime  or
 violation; 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.
   §  32.  Section  530.20  of  the criminal procedure law, as amended by
 section 16 of part JJJ of chapter 59 of the laws of 2019, paragraph  (a)
 and  the  opening  paragraph  of  paragraph (b) of subdivision 1 and the
 opening paragraph of subdivision 2 as amended by section 6 of subpart  A
 of  part VV of chapter 56 of the laws of 2023, paragraph (b) of subdivi-
 sion 1 as amended by section 3 of part UU of chapter 56 of the  laws  of
 S. 5667                            23
 
 2020,  subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 as
 amended and subparagraph (xxi) of paragraph  (b)  of  subdivision  1  as
 added  by section 4 of subpart C of part UU of chapter 56 of the laws of
 2022, is amended to read as follows:
 § 530.20 Securing  order  by local criminal court when action is pending
            therein.
   When a criminal action is pending in  a  local  criminal  court,  such
 court, upon application of a defendant, shall proceed as follows:
   1.  (a)  In  cases  other  than  as described in paragraph (b) of this
 subdivision, the court shall release the principal pending trial on  the
 principal's  own  recognizance  or  release  the principal pending trial
 under non-monetary conditions, the determination for which shall be made
 in accordance with subdivision one of section 510.10 of this title.  The
 court shall explain the basis for its determination and choice of secur-
 ing order on the record or in writing.
   (b)  Where the principal stands charged with a [qualifying offense,] A
 FELONY, EXCEPT A CLASS E FELONY UNDER TITLE J OR K OF THE PENAL LAW,  OR
 A  QUALIFYING  MISDEMEANOR, OR WHERE THE COURT HAS FOUND THAT COMMITTING
 THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF IS WARRANTED UNDER  SUBDIVI-
 SION  TWO  OF  THIS  SECTION, the court, unless otherwise prohibited [by
 law], may in its discretion release the principal pending trial  on  the
 principal's  own  recognizance  or  under  non-monetary conditions, [fix
 bail, order non-monetary conditions in conjunction  with  fixing  bail,]
 or,  where the defendant is charged with a qualifying offense which is a
 felony, the court may commit the principal to the custody of  the  sher-
 iff.  The court shall explain its choice of securing order on the record
 or in writing. A principal stands charged with a qualifying offense when
 [he or she] SUCH PRINCIPAL stands charged with:
   (i) [a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (ii) a crime involving witness intimidation under  section  215.15  of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv)  a  class  A  felony defined in the penal law, provided, that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense;
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law or a crime involving incest  as  defined  in  section  255.25,
 255.26  or  255.27  of such law, or a misdemeanor defined in article one
 hundred thirty of such law;
   (vi) conspiracy in the second degree as defined in section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (vii)  money laundering in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 S. 5667                            24

 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (viii)  criminal  contempt in the second degree as defined in subdivi-
 sion three of section 215.50 of the penal law, criminal contempt in  the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of  the  penal law or aggravated criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   (ix)  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (x) any crime that is alleged to have  caused  the  death  of  another
 person;
   (xi) criminal obstruction of breathing or blood circulation as defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this article;
   (xii)  aggravated  vehicular assault as defined in section 120.04-a of
 the penal law or vehicular assault in the first  degree  as  defined  in
 section 120.04 of the penal law;
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law, when such crime is charged as a hate crime as defined  in
 section 485.05 of the penal law;
   (xiv)  aggravated  assault upon a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (xvi) failure to register as a sex offender pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (xvii) a crime involving bail jumping under section 215.55, 215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (xviii) any felony offense committed by the principal while serving  a
 sentence of probation or while released to post release supervision;
 S. 5667                            25

   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or property, provided, however, that the prosecutor must show reasonable
 cause  to believe that the defendant committed the instant crime and any
 underlying crime. For the purposes of  this  subparagraph,  any  of  the
 underlying  crimes  need  not be a qualifying offense as defined in this
 subdivision. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; or
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as defined in section 265.16 of the  penal  law]
 WITNESS  TAMPERING  IN THE FOURTH DEGREE AS DEFINED IN SECTION 215.10 OF
 THE PENAL LAW;
   (II) A MISDEMEANOR UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (III) CONSPIRACY IN THE FIFTH DEGREE AS DEFINED IN SECTION  105.05  OF
 THE  PENAL  LAW  WHERE THE UNDERLYING ALLEGATIONS OF SUCH CHARGE IS THAT
 THE DEFENDANT CONSPIRED TO COMMIT A FELONY OR MISDEMEANOR THAT OTHERWISE
 QUALIFIES FOR BAIL;
   (IV) CRIMINAL CONTEMPT IN THE SECOND DEGREE AS DEFINED IN  SUBDIVISION
 THREE OF SECTION 215.50 OF THE PENAL LAW;
   (V)  A  SPECIFIED  OFFENSE  ENUMERATED  IN  SUBDIVISION TWO OF SECTION
 240.75 OF THE PENAL LAW WHERE SUCH  OFFENSE  IS  ALLEGED  TO  HAVE  BEEN
 COMMITTED  AGAINST  A MEMBER OF THE DEFENDANT'S SAME FAMILY OR HOUSEHOLD
 AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE;
   (VI) ANY MISDEMEANOR WHEN SUCH CRIME IS CHARGED AS  A  HATE  CRIME  AS
 DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (VII) BAIL JUMPING IN THE THIRD DEGREE AS DEFINED IN SECTION 215.55 OF
 THE PENAL LAW;
   (VIII)  ESCAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 205.05 OF THE
 PENAL LAW;
   (IX) ANY MISDEMEANOR INVOLVING INTENTIONALLY CAUSING HARM  TO  ANOTHER
 PERSON OR AN ANIMAL;
   (X)  ANY  MISDEMEANOR  INVOLVING  THE USE AND POSSESSION OF A FIREARM,
 SHOTGUN OR RIFLE;
   (XI) ANY CLASS A MISDEMEANOR WHERE  SUCH  CHARGE  AROSE  FROM  CONDUCT
 WHILE  THE  DEFENDANT WAS RELEASED ON SUCH DEFENDANT'S OWN RECOGNIZANCE,
 RELEASED UNDER CONDITIONS OR HAD YET TO BE ARRAIGNED AFTER THE  ISSUANCE
 OF A DESK APPEARANCE TICKET FOR A SEPARATE OFFENSE;
   (XII) ANY OTHER OFFENSE THAT THE DIVISION OF CRIMINAL JUSTICE SERVICES
 HAS IDENTIFIED PURSUANT TO ARTICLE FIFTY OF THE EXECUTIVE LAW.
   [(d)  Notwithstanding the provisions of paragraphs (a) and (b) 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
 S. 5667                            26

 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.  WHERE A DEFENDANT IS CHARGED WITH AN OFFENSE THAT DOES NOT QUALIFY
 FOR PRETRIAL DETENTION UNDER SUBDIVISION FOUR OF THIS SECTION, THE COURT
 MAY COMMIT THE PRINCIPAL TO THE CUSTODY OF  THE  SHERIFF  IF  THE  COURT
 MAKES  AN  INDIVIDUALIZED  DETERMINATION  THAT  THE  PRINCIPAL  POSES  A
 SUBSTANTIAL RISK OF HARM TO THEMSELVES, OTHERS OR  THE  COMMUNITY  AS  A
 WHOLE,  OR  WHERE  THE COURT DETERMINES THAT THE DEFENDANT HAS AN ESTAB-
 LISHED HISTORY OF DISOBEYING DIRECTIVES OF THE COURT.
   (A) THE COURT MAY CONSIDER  THE  FOLLOWING  FACTORS  WHEN  DETERMINING
 WHETHER A PRINCIPAL POSES A RISK OF HARM:
   (I) THE NATURE OF THE PRINCIPAL'S PRIOR CONVICTIONS, INCLUDING WHETHER
 THE  PRINCIPAL  HAS  BEEN  CONVICTED  OF  ANY VIOLENT FELONIES LISTED IN
 SECTION 70.02 OF THE PENAL LAW;
   (II) THE PRINCIPAL'S ACCESS TO WEAPONS;
   (III) WHETHER THE PRINCIPAL HAS ANY ASSOCIATION WITH A CRIMINAL STREET
 GANG, AS DEFINED IN SECTION 10-170 OF THE  ADMINISTRATIVE  CODE  OF  THE
 CITY  OF NEW YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10
 OF THE PENAL LAW; AND
   (IV) ANY HISTORY OF THREATS OR  INTIMIDATION  TO  WITNESSES  IN  PRIOR
 CRIMINAL PROCEEDINGS.
   (B)  THE  COURT  MAY  CONSIDER  THE FOLLOWING FACTORS WHEN DETERMINING
 WHETHER A PRINCIPAL HAS AN ESTABLISHED HISTORY OF DISOBEYING  DIRECTIVES
 OF THE COURT:
   (I) ANY HISTORY OF BENCH WARRANTS FAILURES TO APPEAR;
   (II) PREVIOUS VIOLATION OF ORDERS OF PROTECTION;
   (III) ANY HISTORY OF REARRESTS WHILE OTHER CHARGES ARE PENDING; AND
   (IV) ANY HISTORY OF WITNESS INTIMIDATION OR TAMPERING.
   3.  When the defendant is charged, by felony complaint, with a felony,
 the court may, in its discretion, and in accordance with section  510.10
 of  this  title,  order  recognizance, release under non-monetary condi-
 tions, [or, where authorized, fix bail, or order non-monetary conditions
 in conjunction with fixing 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 felo-
 ny, or (ii) the defendant has two previous felony convictions;
   (b) No local criminal court may order recognizance[,] OR 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 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] THEIR right to do so; and
   (ii) The court 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, howev-
 er, that in an emergency, including but not  limited  to  a  substantial
 impairment in the ability of such division or police department to time-
 S. 5667                            27
 
 ly  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.
   §  33. Section 530.30 of the criminal procedure law, the section head-
 ing and subdivisions 1 and 2 as amended by section 17  of  part  JJJ  of
 chapter 59 of the laws of 2019, and the closing paragraph of subdivision
 1  as  amended by section 7 of subpart A of part VV of chapter 56 of the
 laws of 2023, is amended to read as follows:
 § 530.30 Order of recognizance[,] OR release under  non-monetary  condi-
            tions [or bail]; by superior court judge when action is pend-
            ing 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 applica-
 tion of a defendant, may order recognizance[,] OR release under non-mon-
 etary conditions [or, where authorized, bail] when such  local  criminal
 court:
   (a)  Lacks  authority to issue such an order, pursuant to the relevant
 provisions of section 530.20 of this article; or
   (b) Has denied an application for  recognizance[,]  OR  release  under
 non-monetary conditions [or bail]; or
   (c) [Has fixed bail, where authorized, which is excessive; or
   (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 recognizance or under
 non-monetary conditions, [or where authorized,  fix  bail  in  a  lesser
 amount or in a less burdensome form, or order non-monetary conditions in
 conjunction  with  fixing bail, including fixing bail in a lesser amount
 or in a less burdensome form,] the determination for which shall be made
 in accordance with section 510.10 of this title, INCLUDING  AN  INDIVID-
 UALIZED  DETERMINATION  THAT  ANY  CONDITIONS  IMPOSED  ARE NECESSARY TO
 SECURE THE PRINCIPAL'S RETURN TO COURT WHEN  REQUIRED  OR  MITIGATE  THE
 RISK  OF  DANGER TO THE PRINCIPAL, ANOTHER PERSON, OR THE COMMUNITY. The
 court shall explain the basis for its determination and choice of secur-
 ing order 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[,] OR release under
 non-monetary conditions [or, where authorized, bail]  unless  and  until
 the  district  attorney has had an opportunity to be heard in the matter
 and such judge and counsel for the defendant have been furnished with  a
 report as described in subparagraph (ii) of paragraph (b) of subdivision
 [two] THREE of section 530.20 of this article.
   3. Not more than one application may be made pursuant to this section.
   §  34.  Section  530.40  of  the criminal procedure law, as amended by
 section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision  3
 and  the  opening  paragraph of subdivision 4 as amended by section 8 of
 subpart A of part VV of chapter 56 of the laws of 2023, subdivision 4 as
 amended by section 4 of part UU of chapter 56 of the laws of 2020, para-
 graphs (s) and (t) of subdivision 4 as  amended  and  paragraph  (u)  of
 subdivision  4  as added by section 4 of subpart B of part UU of chapter
 56 of the laws of 2022, is amended to read as follows:
 S. 5667                            28
 
 § 530.40 Order of recognizance[,] OR release under  non-monetary  condi-
            tions  [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  release  under non-monetary conditions in
 accordance with this section.
   2. When the defendant is charged with a felony, the court may,  unless
 otherwise provided by law in its discretion, order recognizance, release
 under  non-monetary  conditions  or, where authorized, [bail] COMMITTING
 THE PRINCIPAL TO THE CUSTODY OF THE SHERIFF. 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, release  under
 non-monetary  conditions  or,  where  authorized,  [bail] COMMITTING THE
 PRINCIPAL TO THE CUSTODY OF THE SHERIFF which is  still  effective,  the
 superior  court's order may be in the form of a direction continuing the
 effectiveness of the previous order.
   3. In cases other than  as  described  in  subdivision  four  of  this
 section the court shall release the principal pending trial on the prin-
 cipal's  own  recognizance  or release the principal pending trial under
 non-monetary conditions, the determination for which shall  be  made  in
 accordance  with  section 510.10 of this title, INCLUDING AN INDIVIDUAL-
 IZED DETERMINATION THAT ANY CONDITIONS IMPOSED ARE NECESSARY  TO  SECURE
 THE  PRINCIPAL'S  RETURN  TO COURT WHEN REQUIRED OR MITIGATE THE RISK OF
 DANGER TO THE PRINCIPAL, ANOTHER PERSON, OR THE COMMUNITY.    The  court
 shall  explain  the  basis  for its determination and choice of securing
 order on the record or in writing.
   4. Where the principal stands  charged  with  a  [qualifying  offense]
 FELONY,  EXCEPT A CLASS E FELONY UNDER TITLE J OR K OF THE PENAL LAW, OR
 A QUALIFYING MISDEMEANOR, OR WHERE THE COURT HAS FOUND  THAT  COMMITTING
 THE  PRINCIPAL TO THE CUSTODY OF THE SHERIFF IS WARRANTED UNDER SUBDIVI-
 SION TWO OF THIS SECTION, the court, unless otherwise prohibited by law,
 may in its discretion, and in accordance with  section  510.10  of  this
 title, release the principal pending trial on the principal's own recog-
 nizance  or under non-monetary conditions, [fix bail, or order non-mone-
 tary conditions in conjunction with fixing bail, or, where the defendant
 is charged with a qualifying offense which is a felony, the  court  may]
 OR  commit  the principal to the custody of the sheriff. The court shall
 explain the basis for its determination and its choice of securing order
 on the record or in writing. A principal stands charged with a  qualify-
 ing  offense  for the purposes of this subdivision when [he or she] SUCH
 PRINCIPAL stands charged with:
   (a) [a felony enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling;
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
 S. 5667                            29

   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A  felonies under article two hundred twenty of such law, only class A-I
 felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law  or  a  crime  involving incest as defined in section 255.25,
 255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal  law; money laundering in support of terrorism in the third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 of the penal law; or a felony crime of terrorism as defined  in  article
 four  hundred  ninety  of the penal law, other than the crime defined in
 section 490.20 of such law;
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article;
   (i) facilitating a sexual performance by a  child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)  any  crime  that  is  alleged to have caused the death of another
 person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this article;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal law, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law;
 S. 5667                            30

   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; or
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to  a  minor  as defined in section 265.16 of the penal law]
 WITNESS TAMPERING IN THE FOURTH DEGREE AS DEFINED IN SECTION  215.10  OF
 THE PENAL LAW;
   (B) A MISDEMEANOR UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW;
   (C) CONSPIRACY IN THE FIFTH DEGREE AS DEFINED IN SECTION 105.05 OF THE
 PENAL  LAW  WHERE  THE UNDERLYING ALLEGATIONS OF SUCH CHARGE IS THAT THE
 DEFENDANT CONSPIRED TO COMMIT A FELONY  OR  MISDEMEANOR  THAT  OTHERWISE
 QUALIFIES FOR BAIL;
   (D)  CRIMINAL  CONTEMPT IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
 THREE OF SECTION 215.50 OF THE PENAL LAW;
 S. 5667                            31
 
   (E) A SPECIFIED OFFENSE  ENUMERATED  IN  SUBDIVISION  TWO  OF  SECTION
 240.75  OF  THE  PENAL  LAW  WHERE  SUCH OFFENSE IS ALLEGED TO HAVE BEEN
 COMMITTED AGAINST A MEMBER OF THE DEFENDANT'S SAME FAMILY  OR  HOUSEHOLD
 AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE;
   (F)  ANY  MISDEMEANOR  WHEN  SUCH  CRIME IS CHARGED AS A HATE CRIME AS
 DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (G) BAIL JUMPING IN THE THIRD DEGREE AS DEFINED IN SECTION  215.55  OF
 THE PENAL LAW;
   (H)  ESCAPE  IN  THE  THIRD DEGREE AS DEFINED IN SECTION 205.05 OF THE
 PENAL LAW;
   (I) ANY MISDEMEANOR INVOLVING INTENTIONALLY CAUSING  HARM  TO  ANOTHER
 PERSON OR AN ANIMAL;
   (J)  ANY  MISDEMEANOR  INVOLVING  THE USE AND POSSESSION OF A FIREARM,
 SHOTGUN OR RIFLE;
   (K) ANY CLASS A MISDEMEANOR WHERE SUCH CHARGE AROSE FROM CONDUCT WHILE
 THE  DEFENDANT  WAS  RELEASED  ON  SUCH  DEFENDANT'S  OWN  RECOGNIZANCE,
 RELEASED  UNDER CONDITIONS OR HAD YET TO BE ARRAIGNED AFTER THE ISSUANCE
 OF A DESK APPEARANCE TICKET FOR A SEPARATE OFFENSE; OR
   (L) ANY OTHER OFFENSE THAT THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
 HAS IDENTIFIED PURSUANT TO ARTICLE FIFTY OF THE EXECUTIVE LAW.
   5.  [Notwithstanding  the provisions of subdivisions three and four 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] WHERE A DEFENDANT  IS  CHARGED
 WITH  AN  OFFENSE  THAT  DOES  NOT  QUALIFY FOR PRETRIAL DETENTION UNDER
 SUBDIVISION FOUR OF THIS SECTION, THE COURT MAY COMMIT THE PRINCIPAL  TO
 THE CUSTODY OF THE SHERIFF IF THE COURT MAKES AN INDIVIDUALIZED DETERMI-
 NATION  THAT  THE  PRINCIPAL  POSES  A SUBSTANTIAL RISK OF HARM TO THEM-
 SELVES, OTHERS OR THE COMMUNITY AS A WHOLE, OR WHERE  THE  COURT  DETER-
 MINES  THAT  THE  DEFENDANT  HAS  AN  ESTABLISHED  HISTORY OF DISOBEYING
 DIRECTIVES OF THE COURT.
   (A) THE COURT MAY CONSIDER  THE  FOLLOWING  FACTORS  WHEN  DETERMINING
 WHETHER A PRINCIPAL POSES A RISK OF HARM:
   (I) THE NATURE OF THE PRINCIPAL'S PRIOR CONVICTIONS, INCLUDING WHETHER
 THE  PRINCIPAL  HAS  BEEN  CONVICTED  OF  ANY VIOLENT FELONIES LISTED IN
 SECTION 70.02 OF THE PENAL LAW;
   (II) THE PRINCIPAL'S ACCESS TO WEAPONS;
   (III) WHETHER THE PRINCIPAL HAS ANY ASSOCIATION WITH A CRIMINAL STREET
 GANG, AS DEFINED IN SECTION 10-170 OF THE  ADMINISTRATIVE  CODE  OF  THE
 CITY  OF NEW YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10
 OF THE PENAL LAW; AND
   (IV) ANY HISTORY OF THREATS OR  INTIMIDATION  TO  WITNESSES  IN  PRIOR
 CRIMINAL PROCEEDINGS.
   (B)  THE  COURT  MAY  CONSIDER  THE FOLLOWING FACTORS WHEN DETERMINING
 WHETHER A PRINCIPAL HAS AN ESTABLISHED HISTORY OF DISOBEYING  DIRECTIVES
 OF THE COURT:
   (I) ANY HISTORY OF BENCH WARRANTS FAILURES TO APPEAR;
   (II) PREVIOUS VIOLATION OF ORDERS OF PROTECTION;
   (III) ANY HISTORY OF REARRESTS WHILE OTHER CHARGES ARE PENDING; AND
   (IV) ANY HISTORY OF WITNESS INTIMIDATION OR TAMPERING.
   6.  Notwithstanding the provisions of subdivisions two, three and four
 of this section, a superior court may not  order  recognizance,  release
 S. 5667                            32
 
 under  non-monetary conditions [or, where authorized, bail,] or permit a
 defendant to remain at liberty pursuant to an existing order, after  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  eigh-
 teen  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.
   7. Notwithstanding the provisions of subdivisions two, three and  four
 of  this  section,  a  superior  court  may not order recognizance[,] OR
 release under non-monetary conditions [or, where authorized, bail]  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
 and counsel for the defendant have  been  furnished  with  a  report  as
 described  in  subparagraph  (ii)  of paragraph (b) of subdivision [two]
 THREE of section 530.20 of this article.
   § 35. The section heading and subdivisions 1 and 2-a of section 530.45
 of the criminal procedure law, the section heading as added  by  chapter
 435  of  the  laws  of  1974,  and  subdivisions 1 and 2-a as amended by
 section 9 of subpart A of part VV of chapter 56 of the laws of 2023, are
 amended to read as follows:
   Order  of  recognizance  [or  bail]  NON-MONETARY  CONDITIONS;   after
 conviction and before sentence.
   1. When the defendant is at liberty in the course of a criminal action
 as  a  result of a prior securing order and the court revokes such order
 and then, where authorized, [fixes no bail,  fixes  bail  in  a  greater
 amount  or  in  a more burdensome form than was previously fixed, or, in
 conjunction with the imposition of non-monetary conditions,  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  eigh-
 teen years of age, and before sentencing, may issue a securing order and
 release  the  defendant on the defendant's own recognizance, release the
 defendant under non-monetary  conditions,  [or,  where  authorized,  fix
 bail,  which  may  be in conjunction with the imposition of non-monetary
 conditions, fix bail in a lesser amount or in a  less  burdensome  form,
 which  may  be in conjunction with the imposition of non-monetary condi-
 tions,] or issue a less restrictive securing order, than  fixed  by  the
 court in which the conviction was entered.
   2-a.  Notwithstanding  the  provisions  of subdivision four of section
 510.10, paragraph (b) of subdivision one of section 530.20 and  subdivi-
 sion four of section 530.40 of this title, when a defendant charged with
 an  offense  that is not such a qualifying offense is convicted, whether
 by guilty plea or verdict, in such criminal action or proceeding  of  an
 offense  that  is not a qualifying offense, the court may, in accordance
 with law, issue a securing order: releasing the defendant on the defend-
 ant's own recognizance or under non-monetary  conditions  where  author-
 ized, [fix bail, or ordering non-monetary conditions in conjunction with
 fixing  bail,]  or  remand  the  defendant to the custody of the sheriff
 where authorized.
 S. 5667                            33
 
   § 36. Section 530.50 of the criminal  procedure  law,  as  amended  by
 chapter  264 of the laws of 2003, subdivision 1 as designated by section
 10 of part UU of chapter 56 of the laws of 2020, and subdivisions 2  and
 3  as amended by section 10 of subpart A of part VV of chapter 56 of the
 laws of 2023, is amended to read as follows:
 § 530.50 Order of recognizance or [bail] NON-MONETARY CONDITIONS; during
            pendency of appeal.
   1.  A  judge who is otherwise authorized pursuant to section 460.50 or
 section 460.60 OF THIS CHAPTER to issue  an  order  of  recognizance  or
 [bail]  NON-MONETARY  CONDITIONS pending the determination of an appeal,
 may do so unless the defendant received a class A felony sentence  or  a
 sentence  for  any  class B or class C felony offense defined in article
 one hundred thirty of the penal law committed or attempted to be commit-
 ted by a person eighteen years of age or older  against  a  person  less
 than eighteen years of age.
   2.  Notwithstanding  the  provisions  of  subdivision  four of section
 510.10 OF THIS TITLE, paragraph (b) of subdivision one of section 530.20
 and subdivision four of section 530.40 of this [title] ARTICLE,  when  a
 defendant  charged with an offense that is not such a qualifying offense
 applies, pending determination of an appeal, for an  order  of  recogni-
 zance  or  release on non-monetary conditions, where authorized, [fixing
 bail, or ordering non-monetary conditions  in  conjunction  with  fixing
 bail,]  a judge identified in subdivision two of section 460.50 or para-
 graph (a) of subdivision one of section 460.60 of this chapter  may,  in
 accordance  with  law,  and except as otherwise provided by law, issue a
 securing order: releasing the defendant on the defendant's own  recogni-
 zance  or  under non-monetary conditions where authorized, [fixing bail,
 or ordering non-monetary conditions in conjunction with fixing bail,] or
 remanding the defendant to the custody of the sheriff where authorized.
   3. Where an appeal by the people has been taken from an order dismiss-
 ing one or more counts of an accusatory instrument for failure to comply
 with a discovery order pursuant to subdivision twelve of section  450.20
 of  this  chapter and the defendant is charged with a qualifying offense
 in the remaining counts in the accusatory instrument,  pending  determi-
 nation  of  an  appeal, the defendant may apply for an order of recogni-
 zance or release on non-monetary conditions, where  authorized,  [fixing
 bail,  or  ordering  non-monetary  conditions in conjunction with fixing
 bail]. A judge identified in subdivision two of section 460.50  of  this
 chapter  or  paragraph  (a) of subdivision one of section 460.60 of this
 chapter may, in accordance with law, and except as otherwise provided by
 law, issue a securing order releasing the defendant on  the  defendant's
 own  recognizance  or  under  non-monetary  conditions where authorized,
 [fixing bail, or ordering non-monetary conditions  in  conjunction  with
 fixing  bail,]  or remanding the defendant to the custody of the sheriff
 where authorized.
   § 37. Section 530.60 of the criminal  procedure  law,  as  amended  by
 section  20  of  part JJJ of chapter 59 of the laws of 2019, the opening
 paragraph of paragraph (b) and the closing paragraph of subparagraph (i)
 and subparagraph (ii) as amended and subparagraph (iii) of paragraph (d)
 of subdivision 2 as added by section 11 of subpart A of part VV of chap-
 ter 56 of the laws of 2023, is amended to read as follows:
 § 530.60 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[,] OR  release
 under non-monetary conditions [or bail] issued pursuant to this chapter,
 and  the  court considers it necessary to review such order, whether due
 S. 5667                            34
 
 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
 defendant  to  appear before the court. Upon such appearance, the court,
 for good cause shown, may revoke the order of recognizance[,] OR release
 under non-monetary conditions, [or bail] AND COMMIT THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF.  [If the defendant is entitled to  recognizance,
 release under non-monetary conditions, or bail as a matter of right, the
 court  must issue another such order. If 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[,] OR release under non-monetary
 conditions [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
 offenses or intimidated a victim or  witness  in  violation  of  section
 215.15,  215.16 or 215.17 of the penal law] FELONY OFFENSES OR MISDEMEA-
 NOR OFFENSES ENUMERATED IN SUBDIVISION FOUR OF SECTION  510.10  OF  THIS
 TITLE 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 a securing order issued pursuant to this article it  shall  be
 grounds  for  revoking  such  order and imposing a new securing order in
 accordance with paragraph (d) of this subdivision, the basis  for  which
 shall  be  made  on the record or in writing, in such criminal action or
 proceeding when the court has found, by clear and  convincing  evidence,
 that the defendant:
   (i) persistently and willfully failed to appear after notice of sched-
 uled 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 or tampered with a witness in violation of section 215.11,
 215.12 or 215.13 of the penal law, [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[,] OR release under non-
 monetary 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] SUCH DEFENDANT'S 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 chapter. A transcript of testimony taken before the grand
 jury  upon presentation of the subsequent offense shall be admissible as
 evidence during the hearing. The district attorney may move to introduce
 S. 5667                            35
 
 grand jury testimony of a witness in lieu of that witness' appearance at
 the hearing.
   (d)  Revocation  of  an order of recognizance[,] OR 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:
   (i)  Under  paragraph (a) of this subdivision, revocation of the order
 of recognizance[,] OR 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:
   (A) For a period not to exceed ninety days exclusive of any periods of
 adjournment requested by the defendant; or
   (B)  Until the charges contained within the accusatory instrument have
 been reduced or dismissed such that no count remains which  charges  the
 defendant with commission of a felony; or
   (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
 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] ARTICLE shall apply;
   (ii)  Under  subparagraph  (i)  of  paragraph (b) of this subdivision,
 revocation of a previously issued securing order  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,  or  ordering  non-monetary  conditions  in
 conjunction  with fixing bail] OF COMMITMENT TO THE CUSTODY OF THE SHER-
 IFF, provided, however, that in accordance with the principles  in  this
 title  the  court  must  impose  a new securing order in accordance with
 subdivision one of section 510.10 of this title, and  in  imposing  such
 order,  may consider the circumstances warranting such revocation. Noth-
 ing 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; and
   (iii)  Under  subparagraphs  (ii), (iii), and (iv) of paragraph (b) of
 this subdivision, revocation of a previously issued securing order 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 or ordering non-monetary
 conditions in conjunction with fixing bail]. In issuing the new securing
 order, the court shall consider  the  kind  and  degree  of  control  or
 restriction  necessary  to  reasonably  assure the principal's return to
 court and compliance with court conditions, and select a securing  order
 consistent  with  its  determination,  taking  into  account the factors
 required to be considered under subdivision one  of  section  510.10  of
 this title, the circumstances warranting such revocation, and the nature
 and  extent  of  the  principal's  noncompliance with previously ordered
 non-monetary conditions of the  securing  order  subject  to  revocation
 under this subdivision. Nothing in this subparagraph shall be interpret-
 ed  as  shortening  the period of detention, or requiring or authorizing
 S. 5667                            36
 
 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] SUCH DEFENDANT was at liberty as speci-
 fied 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] SUCH DEFENDANT'S consent.
 Such good cause must consist of some  compelling  fact  or  circumstance
 which  precluded  conducting  the  hearing within the initial prescribed
 period.
   § 38. The section heading of section 530.70 of the criminal  procedure
 law is amended to read as follows:
   Order   of  recognizance  or  [bail]  NON-MONETARY  CONDITIONS;  bench
 warrant.
   § 39. Section 530.80 of the criminal procedure law is REPEALED.
   § 40. Article 540 of the criminal procedure law is REPEALED.
   § 41. Subdivisions 2 and 3 of section 550.10 of the criminal procedure
 law is amended to read as follows:
   2. If the defendant has been arraigned in the action and, by virtue of
 a securing order, is either in the custody of the sheriff or at  liberty
 within the state on [his] SUCH DEFENDANT'S own recognizance or [on bail]
 UNDER  NON-MONETARY CONDITIONS, [his] SUCH DEFENDANT'S attendance may be
 secured as follows:
   (a)  If the defendant is confined in the custody of the  sheriff,  the
 court may direct the sheriff to produce [him] SUCH DEFENDANT;
   (b)  If the defendant is at liberty within the state as a result of an
 order releasing [him] SUCH  DEFENDANT  on  [his]  SUCH  DEFENDANT'S  own
 recognizance  or  [on bail] UNDER NON-MONETARY CONDITIONS, the court may
 secure [his] SUCH DEFENDANT'S attendance by notification or by the issu-
 ance of a bench warrant.
   3.  If  the  defendant's  attendance  cannot  be  secured  by  methods
 described  in  subdivisions  one and two OF THIS SECTION, either because
 [he] SUCH DEFENDANT is outside the state or because [he] SUCH  DEFENDANT
 is  confined  in an institution within the state as a result of an order
 issued in some other action, proceeding or matter,  [his]  SUCH  DEFEND-
 ANT'S  attendance  may,  under  indicated  circumstances,  be secured by
 procedures prescribed in the ensuing articles of this title.
   § 42. Section 570.36 of the criminal procedure law is amended to  read
 as follows:
 § 570.36  Commitment to await requisition[; bail].
   If  from  the  examination  before the local criminal court it appears
 that the person held is the person charged  with  having  committed  the
 crime  alleged,  and,  except  in  cases arising under section 570.14 or
 570.16 OF THIS ARTICLE, that [he] SUCH PERSON has fled from justice, the
 local criminal court must, by a warrant reciting the accusation,  commit
 [him] SUCH PERSON to the county jail for such a time not exceeding thir-
 ty  days  and specified in the warrant, as will enable the arrest of the
 accused to be made under a warrant of the governor on a  requisition  of
 the  executive  authority  of  the  state  having  jurisdiction  of  the
 S. 5667                            37
 
 offense[, unless  the  accused  gives  bail  as  provided  in  the  next
 section,] or until [he] SUCH PERSON shall be legally discharged.
   § 43. Section 570.38 of the criminal procedure law is REPEALED.
   §  44. Section 570.40 of the criminal procedure law is amended to read
 as follows:
 § 570.40  Extension of time of commitment; adjournment.
   If the accused is not arrested under warrant of the  governor  by  the
 expiration  of the time specified in the warrant, bond or undertaking, a
 local criminal court may discharge [him] SUCH ACCUSED  or  may  recommit
 [him]  SUCH  ACCUSED  for a further period of sixty days, or for further
 periods not to exceed in the aggregate sixty days[, or a  supreme  court
 justice  or  county  judge  may  again  take bail for his appearance and
 surrender, as provided in section 570.38 but  within  a  period  not  to
 exceed sixty days after the date of such new bond or undertaking].
   § 45. Section 570.42 of the criminal procedure law is REPEALED.
   § 46. Paragraph (c) of subdivision 3 of section 722.20 of the criminal
 procedure  law, as added by section 1-a of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (c) If there is not reasonable cause to  believe  that  the  defendant
 committed  any criminal act, the court must dismiss the felony complaint
 and discharge the defendant from custody if [he] SUCH  DEFENDANT  is  in
 custody[, or if he is at liberty on bail, it must exonerate the bail].
   § 47. Paragraph (c) of subdivision 3 of section 722.21 of the criminal
 procedure  law, as added by section 1-a of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (c) If there is not reasonable cause to  believe  that  the  defendant
 committed  any criminal act, the court must dismiss the felony complaint
 and discharge the defendant from custody if [he] SUCH  DEFENDANT  is  in
 custody[, or if he is at liberty on bail, it must exonerate the bail].
   § 48. Subdivision 2 of section 730.20 of the criminal procedure law is
 amended to read as follows:
   2.  When the defendant is not in custody at the time a court issues an
 order  of  examination,  because  [he]  SUCH  DEFENDANT  was theretofore
 released [on bail or] on [his]  SUCH  DEFENDANT'S  own  recognizance  OR
 UNDER NON-MONETARY CONDITIONS, the court may direct that the examination
 be  conducted on an out-patient basis, and at such time and place as the
 director shall designate.  If, however, the director informs  the  court
 that hospital confinement of the defendant is necessary for an effective
 examination,  the  court  may direct that the defendant be confined in a
 hospital designated by the director until the examination is completed.
   § 49. Subdivision 1 of section 730.50 of the criminal  procedure  law,
 as  amended  by  chapter  7  of  the laws of 2013, is amended to read as
 follows:
   1. When a superior court, following a hearing  conducted  pursuant  to
 subdivision  three  or four of section 730.30 of this article, is satis-
 fied that the defendant is not an  incapacitated  person,  the  criminal
 action against [him or her] SUCH DEFENDANT must proceed. If it is satis-
 fied  that the defendant is an incapacitated person, or if no motion for
 such a hearing is made, it must adjudicate [him or her]  SUCH  DEFENDANT
 an  incapacitated person, and must issue a final order of observation or
 an order of commitment.  When the indictment does not charge a felony or
 when the defendant has been convicted of an offense other than a felony,
 such court (a) must issue a final order of  observation  committing  the
 defendant  to  the custody of the commissioner for care and treatment in
 an appropriate institution for a period not to exceed ninety  days  from
 the  date  of  such  order, provided, however, that the commissioner may
 S. 5667                            38

 designate an appropriate hospital for placement of a defendant for  whom
 a  final  order  of  observation has been issued, where such hospital is
 licensed by the office of mental health and has agreed to  accept,  upon
 referral  by  the  commissioner,  defendants  subject to final orders of
 observation issued under this subdivision,  and  (b)  must  dismiss  the
 indictment filed in such court against the defendant, and such dismissal
 constitutes  a  bar  to any further prosecution of the charge or charges
 contained in such indictment. Upon the issuance  of  a  final  order  of
 observation,  the  district  attorney  shall immediately transmit to the
 commissioner, in a manner intended to protect the confidentiality of the
 information, a list of names and contact information of persons who  may
 reasonably  be  expected  to be the victim of any assault or any violent
 felony offense, as defined in the penal law, or any  offense  listed  in
 section 530.11 of this chapter which would be carried out by the commit-
 ted  person;  provided that the person who reasonably may be expected to
 be a victim does not need to be a member of the same family or household
 as the committed person. When the indictment charges a  felony  or  when
 the  defendant has been convicted of a felony, it must issue an order of
 commitment committing the defendant to the custody of  the  commissioner
 for  care  and  treatment  in  an  appropriate  institution or, upon the
 consent of the district attorney, committing [him or her] SUCH DEFENDANT
 to the custody of the commissioner for care and treatment on an  out-pa-
 tient  basis,  for a period not to exceed one year from the date of such
 order. [Upon the issuance of an order  of  commitment,  the  court  must
 exonerate the defendant's bail if he or she was previously at liberty on
 bail; provided, however, that exoneration of bail is not required when a
 defendant  is  committed to the custody of the commissioner for care and
 treatment on an out-patient basis.] When the defendant is in the custody
 of the commissioner pursuant  to  a  final  order  of  observation,  the
 commissioner  or  [his  or  her]  THE COMMISSIONER'S designee, which may
 include the director of an appropriate institution, immediately upon the
 discharge of the defendant, must certify to such court that [he or  she]
 SUCH  DEFENDANT  has  complied  with  the notice provisions set forth in
 paragraph (a) of subdivision six of section 730.60 of this article.
   § 50. Section 246-a of the lien law is REPEALED.
   § 51. Article 50 and sections 1000, 1001, 1002 and 1003 of the  execu-
 tive  law,  as renumbered by chapter 770 of the laws of 1978, are renum-
 bered article 51 and sections 1100, 1101, 1102 and 1103 and a new  arti-
 cle 50 is added to read as follows:
                                ARTICLE 50
                    COMMISSION ON PUBLIC SAFETY REFORM
 SECTION 1005. COMMISSION ON PUBLIC SAFETY REFORM.
         1006. POWERS AND DUTIES OF THE COMMISSION.
   § 1005. COMMISSION ON PUBLIC SAFETY REFORM. 1. THERE IS HEREBY CREATED
 IN  THE  DEPARTMENT, THE COMMISSION ON PUBLIC SAFETY REFORM, WHICH SHALL
 CONSIST OF THE FOLLOWING FIFTEEN MEMBERS:
   (A) THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES  WHO
 SHALL BE CHAIR OF THE COMMISSION;
   (B) FOURTEEN MEMBERS APPOINTED BY THE GOVERNOR.
   2. OF THE MEMBERS APPOINTED BY THE GOVERNOR:
   (A)  ONE  MEMBER SHALL BE A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY
 LOCATED OUTSIDE OF A CITY WITH A POPULATION  OF  OVER  ONE  MILLION  AND
 SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE COMMISSIONER OF CRIMI-
 NAL JUSTICE SERVICES;
 S. 5667                            39
 
   (B)  ONE  MEMBER SHALL BE A REPRESENTATIVE OF A LAW ENFORCEMENT AGENCY
 LOCATED WITHIN A CITY WITH A POPULATION OF OVER ONE MILLION AND SHALL BE
 APPOINTED UPON THE RECOMMENDATION OF THE MAYOR OF SUCH CITY;
   (C) ONE MEMBER SHALL BE A DISTRICT ATTORNEY OF A COUNTY OUTSIDE A CITY
 WITH  A  POPULATION  OF  GREATER THAN ONE MILLION AND SHALL BE APPOINTED
 UPON THE RECOMMENDATION OF AN ORGANIZATION REPRESENTING DISTRICT  ATTOR-
 NEYS;
   (D)  ONE MEMBER SHALL BE A DISTRICT ATTORNEY OF A COUNTY WITHIN A CITY
 WITH A POPULATION OF GREATER THAN ONE MILLION  AND  SHALL  BE  APPOINTED
 UPON THE RECOMMENDATION OF THE MAYOR OF SUCH CITY;
   (E)  ONE  MEMBER  SHALL  BE  A  REPRESENTATIVE  OF THE PUBLIC CRIMINAL
 DEFENSE BAR WHO SHALL BE APPOINTED UPON THE RECOMMENDATION OF AN  ORGAN-
 IZATION REPRESENTING PUBLIC DEFENSE SERVICES;
   (F)  ONE  MEMBER  SHALL  BE  A  REPRESENTATIVE OF THE PRIVATE CRIMINAL
 DEFENSE BAR WHO SHALL BE APPOINTED UPON THE RECOMMENDATION OF AN  ORGAN-
 IZATION OF SUCH BAR;
   (G)  TWO MEMBERS SHALL APPOINTED UPON THE RECOMMENDATION OF THE TEMPO-
 RARY PRESIDENT OF THE SENATE;
   (H) TWO MEMBERS SHALL BE APPOINTED  UPON  THE  RECOMMENDATION  OF  THE
 SPEAKER OF THE ASSEMBLY;
   (I)  ONE  MEMBER  SHALL  BE  APPOINTED  UPON THE RECOMMENDATION OF THE
 MINORITY LEADER OF THE SENATE;
   (J) ONE MEMBER SHALL BE  APPOINTED  UPON  THE  RECOMMENDATION  OF  THE
 MINORITY LEADER OF THE ASSEMBLY;
   (K)  ONE  MEMBER  SHALL  BE  APPOINTED  UPON THE RECOMMENDATION OF THE
 ATTORNEY GENERAL OF THE STATE OF NEW YORK; AND
   (L) ONE MEMBER, WHO SHALL BE AN ATTORNEY OR JUDGE SHALL  BE  APPOINTED
 UPON THE RECOMMENDATION OF THE CHIEF JUDGE OF THE COURT OF APPEALS.
   3.  OF  THE  MEMBERS  APPOINTED  BY THE GOVERNOR, EACH MEMBER SHALL BE
 APPOINTED TO SERVE A TWO-YEAR TERM. ANY MEMBER APPOINTED BY THE GOVERNOR
 MAY BE REAPPOINTED FOR ADDITIONAL TWO-YEAR TERMS.
   4. ANY MEMBER CHOSEN TO FILL A VACANCY CREATED OTHERWISE THAN BY EXPI-
 RATION OF TERM SHALL BE APPOINTED BY THE GOVERNOR FOR THE UNEXPIRED TERM
 OF THE MEMBER SUCH MEMBER IS TO  SUCCEED.  ANY  SUCH  VACANCY  SHALL  BE
 FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
   5.  THE  COMMISSION  SHALL  MEET AT LEAST FOUR TIMES EACH YEAR AND MAY
 ESTABLISH ITS OWN RULES AND PROCEDURES CONCERNING  THE  CONDUCT  OF  ITS
 MEETINGS AND OTHER AFFAIRS NOT INCONSISTENT WITH LAW.
   6.  NO  MEMBER  OF  THE  COMMISSION  ON  PUBLIC SAFETY REFORM SHALL BE
 DISQUALIFIED FROM HOLDING ANY PUBLIC OFFICE  OR  EMPLOYMENT,  NOR  SHALL
 SUCH  MEMBER  FORFEIT  ANY  SUCH OFFICE OR EMPLOYMENT, BY REASON OF SUCH
 MEMBER'S APPOINTMENT HEREUNDER, AND MEMBERS OF THE COMMISSION SHALL  NOT
 BE  REQUIRED  TO  TAKE  AND  FILE  OATHS OF OFFICE BEFORE SERVING ON THE
 COMMISSION.
   7. MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION  FOR  THEIR
 SERVICES  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR FUNCTIONS HEREUNDER.
   § 1006. POWERS AND DUTIES OF THE COMMISSION. 1. THE  COMMISSION  SHALL
 HAVE THE FOLLOWING DUTIES, INCLUDING, BUT NOT LIMITED TO:
   (A)  THE COMMISSION SHALL CONDUCT A THOROUGH STUDY AND ISSUE A COMPRE-
 HENSIVE  REPORT  ON  WHICH  CRIMES  SHOULD  BE  ELIGIBLE  FOR   PRETRIAL
 DETENTION.  WHEN CONDUCTING SUCH STUDY THE COMMISSION SHALL SEEK TO FIND
 THE APPROPRIATE BALANCE BETWEEN PUBLIC SAFETY  AND  THE  RIGHTS  OF  THE
 ACCUSED. THE COMMISSION SHALL CONSIDER THE FOLLOWING FACTORS, INCLUDING,
 BUT NOT LIMITED TO:
   (I) DATA ON CRIME IN NEW YORK STATE;
 S. 5667                            40
 
   (II)  A  REVIEW  OF THE SUCCESSES AND CHALLENGES FACED BY OTHER STATES
 THAT HAVE ENACTED LARGE SCALE CRIMINAL JUSTICE REFORM;
   (III) RATES OF RECIDIVISM; AND
   (IV) ANY OTHER FACTOR THE COMMISSION DEEMS RELEVANT.
   (B)  THE  COMPREHENSIVE  REPORT  SHALL  CONTAIN  DETAILED ANALYSIS AND
 JUSTIFICATION OF THE DATA UTILIZED TO DETERMINE WHICH  CRIMES  SHALL  OR
 SHALL NOT BE ELIGIBLE FOR PRETRIAL DETENTION.
   (C)  THE COMMISSION SHALL DRAFT AND PUBLISH A MODEL RISK ANALYSIS TOOL
 UTILIZING CRIME DATA FROM THE DEPARTMENT OF  CRIMINAL  JUSTICE  SERVICES
 FOR  USE  BY  JUDGES  IN DETERMINING IF IT IS APPROPRIATE FOR A JUDGE TO
 REMAND AN INDIVIDUAL ACCUSED OF A CRIME. THE  COMMISSION  WILL  HOLD  AT
 LEAST  ONE  PUBLIC HEARING ON THIS MODEL RISK ANALYSIS TOOL WITHIN EIGH-
 TEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND SHALL PUBLISH THE
 FINAL MODEL RISK ANALYSIS TOOL WITHIN NINETY DAYS OF THE PUBLIC HEARING.
   2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE  COMMIS-
 SION  ON PUBLIC SAFETY REFORM SHALL ISSUE A DRAFT REPORT, WHICH SHALL BE
 SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
 SPEAKER  OF  THE  ASSEMBLY,  THE  MINORITY LEADER OF THE SENATE, AND THE
 MINORITY LEADER OF THE ASSEMBLY ON  RECOMMENDED  ELIGIBLE  FOR  PRETRIAL
 DETENTION  CRIMES  WITH  SUPPORTING  EVIDENCE OF WHY CERTAIN CRIMES WERE
 INCLUDED AND OTHERS WERE EXCLUDED. AT LEAST THREE PUBLIC HEARINGS  SHALL
 BE  HELD BY THE COMMISSION TO PROVIDE THE PUBLIC WITH THE OPPORTUNITY TO
 COMMENT ON THE REPORT. NOTICE OF SUCH HEARINGS SHALL BE PROVIDED ON  THE
 DEPARTMENT OF CRIMINAL JUSTICE SERVICES WEBSITE.
   3.  WITHIN  NINETY  DAYS  OF  THE DATE OF THE LAST PUBLIC HEARING, THE
 COMMISSION ON PUBLIC SAFETY REFORM SHALL SUBMIT A FINAL  REPORT  TO  THE
 GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
 ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER  OF
 THE  ASSEMBLY. COPIES OF SUCH REPORT SHALL ALSO BE MADE AVAILABLE TO THE
 PUBLIC AND POSTED ON THE WEBSITE OF THE DEPARTMENT OF  CRIMINAL  JUSTICE
 SERVICES.
   §  52. This act shall take effect immediately; provided, however, that
 sections one through fifty of this act shall take effect on the  nineti-
 eth day after it shall have become a law.