NY Crim Pro L § 530.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--Recognizance, Bail Article 530 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized 530.20 - Securing Order by Local Criminal Court When Action Is Pending Therein.

§ 530.20 Securing  order  by local criminal court when action is pending            therein.   When a criminal action is pending in  a  local  criminal  court,  such court, upon application of a defendant, shall proceed as follows:   1.  (a)  In  cases  other  than  as described in paragraph (b) of this subdivision the court shall release the principal pending trial  on  the principal's own recognizance, unless the court finds on the record or in writing  that  release  on  the  principal's  own  recognizance will not reasonably assure the principal's return to court.  In  such  instances, the  court  shall  release  the principal under non-monetary conditions, selecting the least restrictive alternative  and  conditions  that  will reasonably  assure  the  principal's  return  to  court. The court shall explain its choice of alternative and conditions on  the  record  or  in writing.  (b)  Where the principal stands charged with a qualifying offense, the court, unless otherwise prohibited by law, may in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or, where the  defendant  is  charged with  a  qualifying  offense which is a felony, the court may commit the principal to the custody of the sheriff. The  court  shall  explain  its choice of release, release with conditions, bail or remand on the record or in writing. A principal stands charged with a qualifying offense when he or she stands charged with:  (i)  a felony enumerated in section 70.02 of the penal law, other than robbery in the second degree as defined in subdivision  one  of  section 160.10  of the penal law, provided, however, that burglary in the second degree as defined in subdivision two of section 140.25 of the penal  law shall  be  a qualifying offense only where the defendant is charged with entering the living area of the dwelling;  (ii) a crime involving witness intimidation under  section  215.15  of the penal law;  (iii) a crime involving witness tampering under section 215.11, 215.12 or 215.13 of the penal law;  (iv)  a  class  A  felony defined in the penal law, provided, that for class A felonies under article two hundred  twenty  of  such  law,  only class A-I felonies shall be a qualifying offense;  (v) a sex trafficking offense defined in section 230.34 or 230.34-a of the  penal  law, or a felony sex offense defined in section 70.80 of the penal law or a crime involving incest  as  defined  in  section  255.25, 255.26  or  255.27  of such law, or a misdemeanor defined in article one hundred thirty of such law;  (vi) conspiracy in the second degree as defined in section  105.15  of the  penal  law,  where the underlying allegation of such charge is that the defendant conspired to commit a class A felony  defined  in  article one hundred twenty-five of the penal law;  (vii)  money laundering in support of terrorism in the first degree as defined in section 470.24 of the penal law; money laundering in  support of  terrorism  in  the second degree as defined in section 470.23 of the penal law; money laundering in support of terrorism in the third  degree as  defined  in  section  470.22  of  the penal law; money laundering in support of terrorism in the fourth degree as defined in  section  470.21 of  the  penal law; or a felony crime of terrorism as defined in article four hundred ninety of the penal law, other than the  crime  defined  in section 490.20 of such law;  (viii)   criminal   contempt  in  the  second  degree  as  defined  in subdivision three of section 215.50 of the penal law, criminal  contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51  of  the  penal law or aggravated criminal contempt as defined in  section 215.52 of the penal law, and the underlying allegation  of  such charge  of  criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that  the  defendant violated  a duly served order of protection where the protected party is a member of the defendant's same  family  or  household  as  defined  in subdivision one of section 530.11 of this article;  (ix)  facilitating  a  sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law,  use of  a  child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in  subdivision  one  of  section 120.70  of  the  penal law, promoting an obscene sexual performance by a child as defined in section 263.10 of  the  penal  law  or  promoting  a sexual  performance by a child as defined in section 263.15 of the penal law;  (x) any crime that is alleged to have  caused  the  death  of  another person;  (xi) criminal obstruction of breathing or blood circulation as defined in  section  121.11 of the penal law, strangulation in the second degree as defined in section 121.12 of the penal law or  unlawful  imprisonment in  the  first degree as defined in section 135.10 of the penal law, and is alleged to have  committed  the  offense  against  a  member  of  the defendant's  same  family  or household as defined in subdivision one of section 530.11 of this article;  (xii) aggravated vehicular assault as defined in section  120.04-a  of the  penal  law  or  vehicular assault in the first degree as defined in section 120.04 of the penal law;  (xiii) assault in the third degree as defined in section 120.00 of the penal law or arson in the third degree as defined in section  150.10  of the  penal law, when such crime is charged as a hate crime as defined in section 485.05 of the penal law;  (xiv) aggravated assault upon a person less than eleven years  old  as defined  in  section 120.12 of the penal law or criminal possession of a weapon on school grounds as defined in section  265.01-a  of  the  penal law;  (xv) grand larceny in the first degree as defined in section 155.42 of the penal law, enterprise corruption as defined in section 460.20 of the penal law, or money laundering in the first degree as defined in section 470.20 of the penal law;  (xvi)  failure  to  register as a sex offender pursuant to section one hundred sixty-eight-t of the correction law or endangering  the  welfare of  a child as defined in subdivision one of section 260.10 of the penal law, where the defendant is  required  to  maintain  registration  under article  six-C  of  the  correction  law  and  designated  a level three offender  pursuant  to  subdivision   six   of   section   one   hundred sixty-eight-l of the correction law;  (xvii)  a crime involving bail jumping under section 215.55, 215.56 or 215.57 of the penal law, or a  crime  involving  escaping  from  custody under section 205.05, 205.10 or 205.15 of the penal law;  (xviii)  any felony offense committed by the principal while serving a sentence of probation or while released to post release supervision;  (xix) a felony, where the defendant qualifies for sentencing  on  such charge  as a persistent felony offender pursuant to section 70.10 of the penal law; or  (xx)  any  felony  or  class  A  misdemeanor  involving  harm  to   an identifiable  person  or  property, where such charge arose from conduct occurring  while  the  defendant  was  released  on  his  or   her   own recognizance or released under conditions for a separate felony or class A  misdemeanor  involving  harm  to  an identifiable person or property,  provided, however, that the prosecutor must  show  reasonable  cause  to believe   that  the  defendant  committed  the  instant  crime  and  any underlying crime. For the purposes of  this  subparagraph,  any  of  the underlying  crimes  need  not be a qualifying offense as defined in this subdivision.  (d) Notwithstanding the provisions of paragraphs (a) and (b)  of  this subdivision,  with respect to any charge for which bail or remand is not ordered, and for which the  court  would  not  or  could  not  otherwise require  bail  or remand, a defendant may, at any time, request that the court set bail in a nominal amount requested by  the  defendant  in  the form  specified in paragraph (a) of subdivision one of section 520.10 of this title; if the court is satisfied that the request is voluntary, the court shall set such bail in such amount.   2. When the defendant is charged, by felony complaint, with a  felony, the  court  may,  in  its  discretion, order recognizance, release under non-monetary conditions,  or,  where  authorized,  bail  or  commit  the defendant  to the custody of the sheriff except as otherwise provided in subdivision one of this section or this subdivision:  (a) A city court, a town court  or  a  village  court  may  not  order recognizance  or  bail  when (i) the defendant is charged with a class A felony, or (ii) the defendant has two previous felony convictions;  (b) No local criminal court  may  order  recognizance,  release  under non-monetary conditions or bail with respect to a defendant charged with a felony unless and until:  (i)  The  district  attorney  has  been  heard in the matter or, after knowledge or notice of the application and reasonable opportunity to  be heard,  has  failed  to appear at the proceeding or has otherwise waived his right to do so; and  (ii) The court and counsel for the defendant have been furnished  with a  report  of  the  division of criminal justice services concerning the defendant's criminal record, if any, or with a police department  report with  respect  to the defendant's prior arrest and conviction record, if any. If neither report is available, the court, with the consent of  the district   attorney,  may  dispense  with  this  requirement;  provided, however,  that  in  an  emergency,  including  but  not  limited  to   a substantial  impairment  in  the  ability  of  such  division  or police department to timely furnish such report,  such  consent  shall  not  be required  if,  for  reasons  stated  on  the  record, the court deems it unnecessary. When the court has been furnished with any such  report  or record, it shall furnish a copy thereof to counsel for the defendant or, if the defendant is not represented by counsel, to the defendant.