Legislation
SECTION 520.40
Transfer of cash bail from local criminal court to superior court
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE P, ARTICLE 520
§ 520.40 Transfer of cash bail from local criminal court to superior
court.
When a local criminal court acquires control over the person of an
accused and such court designates the amount of bail that the accused
may post and such bail is posted in cash and subsequently the accused is
arraigned in superior court where bail is fixed by such court, the
accused may request that the cash bail posted in the local criminal
court be transferred to the superior court. Notice of such request must
be given to the person who posted cash bail. Upon such a request the
superior court shall make an order directing the local criminal court to
transfer the cash bail that it holds to the superior court for use in
the superior court. If there is an overage, the superior court shall
order it be paid over to the person who posted the cash bail in the
local criminal court. If there is a deficiency, the accused shall post
additional bail as directed by the superior court.
court.
When a local criminal court acquires control over the person of an
accused and such court designates the amount of bail that the accused
may post and such bail is posted in cash and subsequently the accused is
arraigned in superior court where bail is fixed by such court, the
accused may request that the cash bail posted in the local criminal
court be transferred to the superior court. Notice of such request must
be given to the person who posted cash bail. Upon such a request the
superior court shall make an order directing the local criminal court to
transfer the cash bail that it holds to the superior court for use in
the superior court. If there is an overage, the superior court shall
order it be paid over to the person who posted the cash bail in the
local criminal court. If there is a deficiency, the accused shall post
additional bail as directed by the superior court.