N.Y. Criminal Procedure Law § 520.30: Bail and bail bonds; examination as to sufficiency

§ 520.30 Bail and bail bonds; examination as to sufficiency.

1. Following the posting of a bail bond and the justifying affidavit

or affidavits or the posting of cash bail, the court may conduct an

inquiry for the purpose of determining the reliability of the obligors

or person posting cash bail, the value and sufficiency of any security

offered, and whether any feature of the undertaking contravenes public

policy; provided that before undertaking an inquiry, of a person posting

cash bail the court, after application of the district attorney, must

have had reasonable cause to believe that the person posting cash bail

is not in rightful possession of money posted as cash bail or that such

money constitutes the fruits of criminal or unlawful conduct. The court

may inquire into any matter stated or required to be stated in the

justifying affidavits, and may also inquire into other matters

appropriate to the determination, which include but are not limited to

the following:

(a) The background, character and reputation of any obligor, and, in

the case of an insurance company bail bond, the qualifications of the

surety-obligor and its executing agent; and

(b) The source of any money or property deposited by any obligor as

security, and whether any such money or property constitutes the fruits

of criminal or unlawful conduct; and

(c) The source of any money or property delivered or agreed to be

delivered to any obligor as indemnification on the bond, and whether any

such money or property constitutes the fruits of criminal or unlawful

conduct; and

(d) The background, character and reputation of any person who has

indemnified or agreed to indemnify an obligor upon the bond; and whether

any such indemnitor, not being licensed by the superintendent of

financial services in accordance with the insurance law, has within a

period of one month prior to such indemnity transaction given

indemnification or security for like purpose in more than two cases not

arising out of the same transaction; and

(e) The source of any money posted as cash bail, and whether any such

money constitutes the fruits of criminal or unlawful conduct;

(f) The background, character and reputation of the person posting

cash bail.

2. Upon such inquiry, the court may examine, under oath or otherwise,

the obligors and any other persons who may possess material information.

The district attorney has a right to attend such inquiry, to call

witnesses and to examine any witness in the proceeding. The court may,

upon application of the district attorney, adjourn the proceeding for a

reasonable period to allow him to investigate the matter.

3. At the conclusion of the inquiry, the court must issue an order

either approving or disapproving the bail.