N.Y. Criminal Procedure Law § 510.40: Court notification to principal of conditions of release and of alleged violations of conditions of release

§ 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

whenever 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 exonerated.

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

authorizes 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

conditions 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

important 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.

4. (a) Electronic monitoring of a principal's location may be ordered

only if the court finds, after notice, an opportunity to be heard and an

individualized determination explained on the record or in writing, that

the defendant qualifies for electronic monitoring in accordance with

subdivision twenty-one of section 500.10 of this title, and no other

realistic non-monetary condition or set of non-monetary conditions will

suffice to reasonably assure a principal's return to court.

(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

unobtrusive to the greatest extent practicable.

(c) Electronic monitoring of the location of a principal may be

conducted only by a public entity under the supervision and control of a

county or municipality or a non-profit entity under contract to the

county, municipality or the state. A county or municipality shall be

authorized to enter into a contract with another county or municipality

in the state to monitor principals under non-monetary conditions of

release in its county, but counties, municipalities and the state shall

not contract with any private for-profit entity for such purposes.

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

determination 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

chapter, as applicable.

5. If a principal is released under non-monetary conditions, the court

shall, on the record and in an individualized written document provided

to the principal, notify the principal, in plain language and a manner

sufficiently clear and specific:

(a) of any conditions to which the principal is subject, to serve as a

guide for the principal's conduct; and

(b) that the possible consequences for violation of such a condition

may include revocation of the securing order and the ordering of a more

restrictive securing order.