NY Crim Pro L § 500.10 (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 500 - Recognizance, Bail and Commitment--Definitions of Terms 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, which shall be the least restrictive conditions that  will  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, when it is shown pursuant to  subdivision  four  of  section 510.45  of  this title that no other realistic non-monetary condition or set of non-monetary conditions will suffice  to  reasonably  assure  the person's  return  to  court, the person be placed in reasonable pretrial supervision with a pretrial services agency serving principals  in  that county;  (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, and intimate partner violence intervention programs. Where  applicable,  the court  may  direct  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.   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.   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.