N.Y. CPL Law § 530.60 — New York Code / Act CPL / Part 3 / Title P / Article 530 / Section 530.60
Certain modifications of a securing order
Status: in_force

§ 530.60 Certain modifications of a securing order.\n  1. Whenever in the course of a criminal action or proceeding a\ndefendant is at liberty as a result of an order of recognizance, release\nunder non-monetary conditions or bail issued pursuant to this chapter,\nand the court considers it necessary to review such order, whether due\nto a motion by the people or otherwise, the court may, and except as\nprovided in subdivision two of section 510.50 of this title concerning a\nfailure to appear in court, by a bench warrant if necessary, require the\ndefendant to appear before the court. Upon such appearance, the court,\nfor good cause shown, may revoke the order of recognizance, release\nunder non-monetary conditions, or bail. If the defendant is entitled to\nrecognizance, release under non-monetary conditions, or bail as a matter\nof right, the court must issue another such order. If the defendant is\nnot, the court may either issue such an order or commit the defendant to\nthe custody of the sheriff in accordance with this section.\n  Where the defendant is committed to the custody of the sheriff and is\nheld on a felony complaint, a new period as provided in section 180.80\nof this chapter shall commence to run from the time of the defendant's\ncommitment under this subdivision.\n  2. (a) Whenever in the course of a criminal action or proceeding a\ndefendant charged with the commission of a felony is at liberty as a\nresult of an order of recognizance, release under non-monetary\nconditions or bail issued pursuant to this article it shall be grounds\nfor revoking such order that the court finds reasonable cause to believe\nthe defendant committed one or more specified class A or violent felony\noffenses or intimidated a victim or witness in violation of section\n215.15, 215.16 or 215.17 of the penal law while at liberty.\n  (b) Except as provided in paragraph (a) of this subdivision or any\nother law, whenever in the course of a criminal action or proceeding a\ndefendant charged with the commission of an offense is at liberty as a\nresult of a securing order issued pursuant to this article it shall be\ngrounds for revoking such order and imposing a new securing order in\naccordance with paragraph (d) of this subdivision, the basis for which\nshall be made on the record or in writing, in such criminal action or\nproceeding when the court has found, by clear and convincing evidence,\nthat the defendant:\n  (i) persistently and willfully failed to appear after notice of\nscheduled appearances in the case before the court; or\n  (ii) violated an order of protection in the manner prohibited by\nsubdivision (b), (c) or (d) of section 215.51 of the penal law while at\nliberty; or\n  (iii) stands charged in such criminal action or proceeding with a\nmisdemeanor or violation and, after being so charged, intimidated a\nvictim or witness in violation of section 215.15, 215.16 or 215.17 of\nthe penal law or tampered with a witness in violation of section 215.11,\n215.12 or 215.13 of the penal law, law while at liberty; or\n  (iv) stands charged in such action or proceeding with a felony and,\nafter being so charged, committed a felony while at liberty.\n  (c) Before revoking an order of recognizance, release under\nnon-monetary conditions, or bail pursuant to this subdivision, the court\nmust hold a hearing and shall receive any relevant, admissible evidence\nnot legally privileged. The defendant may cross-examine witnesses and\nmay present relevant, admissible evidence on his own behalf. Such\nhearing may be consolidated with, and conducted at the same time as, a\nfelony hearing conducted pursuant to article one hundred eighty of this\nchapter. A transcript of testimony taken before the grand jury upon\npresentation of the subsequent offense shall be admissible as evidence\nduring the hearing. The district attorney may move to introduce grand\njury testimony of a witness in lieu of that witness' appearance at the\nhearing.\n  (d) Revocation of an order of recognizance, release under non-monetary\nconditions or bail and a new securing order fixing bail or commitment,\nas specified in this paragraph and pursuant to this subdivision shall be\nfor the following periods:\n  (i) Under paragraph (a) of this subdivision, revocation of the order\nof recognizance, release under non-monetary conditions or, as the case\nmay be, bail, and a new securing order fixing bail or committing the\ndefendant to the custody of the sheriff shall be as follows:\n  (A) For a period not to exceed ninety days exclusive of any periods of\nadjournment requested by the defendant; or\n  (B) Until the charges contained within the accusatory instrument have\nbeen reduced or dismissed such that no count remains which charges the\ndefendant with commission of a felony; or\n  (C) Until reduction or dismissal of the charges contained within the\naccusatory instrument charging the subsequent offense such that no count\nremains which charges the defendant with commission of a class A or\nviolent felony offense.\n  Upon expiration of any of the three periods specified within this\nsubparagraph, whichever is shortest, the court may grant or deny release\nupon an order of bail or recognizance in accordance with the provisions\nof this article. Upon conviction to an offense the provisions of article\nfive hundred thirty of this chapter shall apply;\n  (ii) Under subparagraph (i) of paragraph (b) of this subdivision,\nrevocation of a previously issued securing order shall result in the\nissuance of a new securing order which may, if otherwise authorized by\nlaw, permit the principal's release on recognizance or release under\nnon-monetary conditions, but shall also render the defendant eligible\nfor an order fixing bail, or ordering non-monetary conditions in\nconjunction with fixing bail, provided, however, that in accordance with\nthe principles in this title the court must impose a new securing order\nin accordance with subdivision one of section 510.10 of this title, and\nin imposing such order, may consider the circumstances warranting such\nrevocation. Nothing in this subparagraph shall be interpreted as\nshortening the period of detention, or requiring or authorizing any less\nrestrictive form of a securing order, which may be imposed pursuant to\nany other law; and\n  (iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of\nthis subdivision, revocation of a previously issued securing order shall\nresult in the issuance of a new securing order which may, if otherwise\nauthorized by law, permit the principal's release on recognizance or\nrelease under non-monetary conditions, but shall also render the\ndefendant eligible for an order fixing bail or ordering non-monetary\nconditions in conjunction with fixing bail. In issuing the new securing\norder, the court shall consider the kind and degree of control or\nrestriction necessary to reasonably assure the principal's return to\ncourt and compliance with court conditions, and select a securing order\nconsistent with its determination, taking into account the factors\nrequired to be considered under subdivision one of section 510.10 of\nthis title, the circumstances warranting such revocation, and the nature\nand extent of the principal's noncompliance with previously ordered\nnon-monetary conditions of the securing order subject to revocation\nunder this subdivision. Nothing in this subparagraph shall be\ninterpreted as shortening the period of detention, or requiring or\nauthorizing any less restrictive form of a securing order, which may be\nimposed pursuant to any other law.\n  (e) Notwithstanding the provisions of paragraph (a) or (b) of this\nsubdivision a defendant, against whom a felony complaint has been filed\nwhich charges the defendant with commission of a class A or violent\nfelony offense or violation of section 215.15, 215.16 or 215.17 of the\npenal law committed while he was at liberty as specified therein, may be\ncommitted to the custody of the sheriff pending a revocation hearing for\na period not to exceed seventy-two hours. An additional period not to\nexceed seventy-two hours may be granted by the court upon application of\nthe district attorney upon a showing of good cause or where the failure\nto commence the hearing was due to the defendant's request or occurred\nwith his consent. Such good cause must consist of some compelling fact\nor circumstance which precluded conducting the hearing within the\ninitial prescribed period.\n