N.Y. Criminal Procedure Law § 500.10: Recognizance, bail and commitment; definitions of terms

§ 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

attendance 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 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;

(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-monetary condition or set of non-monetary conditions will suffice to

reasonably 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. Subdivision three-a 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. (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 or

others, the court may: order as a condition of release under supervision

that the principal seek a voluntary psychiatric assessment under section

9.13 of the mental hygiene law if the principal 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

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 immediate serious harm to himself or herself 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 before the court, in such a manner which in a person

who is not mentally ill would be deemed disorderly conduct which is

likely to result in immediate serious harm to himself or herself 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 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 stabilized, 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

principal'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

subdivision 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

information 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. "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. "Securing order" means an order of a court committing a principal

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, or, as otherwise authorized

under this title, ordering non-monetary conditions in conjunction with

fixing bail.

6. "Order of recognizance or bail" means a securing order releasing a

principal on the principal's own recognizance or under non-monetary

conditions or, where authorized, fixing bail.

7. "Application for recognizance or bail" 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 recognizance, release under

non-monetary conditions, or, where authorized, fix bail.

8. "Post bail" means to deposit bail in the amount and form fixed by

the court, with the court or with some other authorized public servant

or agency.

9. "Bail" means cash bail, 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

principal.

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

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. "Court" includes, where appropriate, a judge authorized to act as

described in a particular statute, though not as a court.

21. "Qualifies for electronic monitoring," for purposes of subdivision

four of section 510.40 of this title, means a person charged with a

felony, a misdemeanor crime of domestic violence, a misdemeanor defined

in article one hundred thirty of the penal law, a crime and the

circumstances of paragraph (b) of subdivision two of section 530.60 of

this title apply, or any misdemeanor where the defendant stands

previously convicted, within the past five years, of a violent felony

offense as defined in section 70.02 of the penal law. For the purposes

of this subdivision, in calculating such five year period, any period of

time during which the defendant was incarcerated for any reason between

the time of the commission of any such previous crime and the time of

commission of the present crime shall be excluded and such five year

period shall be extended by a period or periods equal to the time served

under such incarceration.

22. "Misdemeanor crime of domestic violence," for purposes of

subdivision twenty-one of this section, means a misdemeanor under the

penal law provisions and circumstances described in subdivision one of

section 530.11 of this title.