NY Crim Pro L § 530.60 (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 530.60 - Certain Modifications of a Securing Order.

§ 530.60 Certain modifications of a securing order.   1.  Whenever  in  the  course  of  a  criminal  action or proceeding a defendant is at liberty as a result of an order of recognizance, release under non-monetary conditions or bail issued pursuant to  this  chapter, and  the  court considers it necessary to review such order, whether due to a motion by the people or otherwise, the court  may,  and  except  as provided in subdivision two of section 510.50 of this title concerning a failure to appear in court, by a bench warrant if necessary, require the defendant  to  appear before the court. Upon such appearance, the court, for good cause shown, may revoke  the  order  of  recognizance,  release under  non-monetary conditions, or bail. If the defendant is entitled to recognizance, release under non-monetary conditions, or bail as a matter of right, the court must issue another such order. If the  defendant  is not, the court may either issue such an order or commit the defendant to the custody of the sheriff in accordance with this section.   Where  the defendant is committed to the custody of the sheriff and is held on a felony complaint, a new period as provided in  section  180.80 of  this  chapter shall commence to run from the time of the defendant's commitment under this subdivision.   2. (a) Whenever in the course of a criminal  action  or  proceeding  a defendant  charged  with  the  commission of a felony is at liberty as a result  of  an  order  of  recognizance,  release   under   non-monetary conditions  or  bail issued pursuant to this article it shall be grounds for revoking such order that the court finds reasonable cause to believe the defendant committed one or more specified class A or violent  felony offenses  or  intimidated  a  victim  or witness in violation of section 215.15, 215.16 or 215.17 of the penal law while at liberty.  (b) Except as provided in paragraph (a) of  this  subdivision  or  any other  law,  whenever in the course of a criminal action or proceeding a defendant charged with the commission of an offense is at liberty  as  a result   of   an  order  of  recognizance,  release  under  non-monetary conditions or bail issued pursuant to this article it shall  be  grounds for  revoking  such  order  and  fixing  bail in such criminal action or proceeding when the court has found, by clear and  convincing  evidence, that the defendant:  (i)  persistently  and  willfully  failed  to  appear  after notice of scheduled appearances in the case before the court; or  (ii) violated an order of  protection  in  the  manner  prohibited  by subdivision  (b), (c) or (d) of section 215.51 of the penal law while at liberty; or  (iii) stands charged in such criminal  action  or  proceeding  with  a misdemeanor  or  violation  and,  after  being so charged, intimidated a victim or witness in violation of section 215.15, 215.16  or  215.17  of the penal law or tampered with a witness in violation of section 215.11, 215.12 or 215.13 of the penal law, law while at liberty; or  (iv)  stands  charged  in such action or proceeding with a felony and, after being so charged, committed a felony while at liberty.  (c)  Before  revoking  an  order  of   recognizance,   release   under non-monetary conditions, or bail pursuant to this subdivision, the court must  hold a hearing and shall receive any relevant, admissible evidence not legally privileged. The defendant may  cross-examine  witnesses  and may  present  relevant,  admissible  evidence  on  his  own behalf. Such hearing may be consolidated with, and conducted at the same time  as,  a felony  hearing conducted pursuant to article one hundred eighty of this chapter. A transcript of testimony taken  before  the  grand  jury  upon presentation  of  the subsequent offense shall be admissible as evidence during the hearing. The district attorney may move  to  introduce  grand  jury  testimony  of a witness in lieu of that witness' appearance at the hearing.  (d) Revocation of an order of recognizance, release under non-monetary conditions  or  bail and a new securing order fixing bail or commitment, as specified in this paragraph and pursuant to this subdivision shall be for the following periods:  (i) Under paragraph (a) of this subdivision, revocation of  the  order of  recognizance,  release under non-monetary conditions or, as the case may be, bail, and a new securing order fixing  bail  or  committing  the defendant to the custody of the sheriff shall be as follows:  (A) For a period not to exceed ninety days exclusive of any periods of adjournment requested by the defendant; or  (B)  Until the charges contained within the accusatory instrument have been reduced or dismissed such that no count remains which  charges  the defendant with commission of a felony; or  (C)  Until  reduction or dismissal of the charges contained within the accusatory instrument charging the subsequent offense such that no count remains which charges the defendant with commission  of  a  class  A  or violent felony offense.   Upon  expiration  of  any  of  the three periods specified within this subparagraph, whichever is shortest, the court may grant or deny release upon an order of bail or recognizance in accordance with the  provisions of this article. Upon conviction to an offense the provisions of article five hundred thirty of this chapter shall apply; and  (ii)  Under paragraph (b) of this subdivision, revocation of the order of recognizance, release under non-monetary conditions or, as  the  case may  be, bail shall result in the issuance of a new securing order which may, if otherwise authorized by law, permit the principal's  release  on recognizance  or  release  under non-monetary conditions, but shall also render the  defendant  eligible  for  an  order  fixing  bail  provided, however,  that in accordance with the principles in this title the court must  select  the  least  restrictive  alternative  and   condition   or conditions  that will reasonably assure the principal's return to court. Nothing in this subparagraph shall  be  interpreted  as  shortening  the period  of  detention,  or requiring or authorizing any less restrictive form of a securing order, which may be imposed  pursuant  to  any  other law.  (e)  Notwithstanding  the  provisions  of paragraph (a) or (b) of this subdivision a defendant, against whom a felony complaint has been  filed which  charges  the  defendant  with  commission of a class A or violent felony offense or violation of section 215.15, 215.16 or 215.17  of  the penal law committed while he was at liberty as specified therein, may be committed to the custody of the sheriff pending a revocation hearing for a  period  not  to exceed seventy-two hours. An additional period not to exceed seventy-two hours may be granted by the court upon application of the district attorney upon a showing of good cause or where the  failure to  commence  the hearing was due to the defendant's request or occurred with his consent. Such good cause must consist of some  compelling  fact or  circumstance  which  precluded  conducting  the  hearing  within the initial prescribed period.