NY Crim Pro L § 510.40 (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 510 - Recognizance, Bail and Commitment-Determination of Application for Recognizance or Bail, Issuance of Securing Orders, and Related Matters 510.40 - Court Notification to Principal of Conditions of Release and of Alleged Violations of Conditions of Release.

§ 510.40 Court notification to principal of conditions of release and of            alleged violations of conditions of release.   1.  Upon  ordering that a principal be released on the principal's own recognizance, or released under non-monetary conditions, or, if bail has been fixed, upon  the  posting  of  bail,  the  court  must  direct  the principal  to  appear  in  the  criminal  action  or proceeding involved whenever the principal's attendance may be required and  to  be  at  all times  amenable  to  the  orders  and  processes  of  the court. If such principal is in the custody of the sheriff or at liberty  upon  bail  at the  time  of  the  order,  the  court must direct that the principal be discharged  from  such  custody  or,  as  the  case  may  be,  that  the principal's bail be exonerated.   2.  Upon  the  issuance of an order fixing bail, where authorized, and upon the posting thereof, the court must examine the bail  to  determine whether  it  complies with the order. If it does, the court must, in the absence of  some  factor  or  circumstance  which  in  law  requires  or authorizes  disapproval  thereof,  approve  the  bail  and  must issue a certificate of release, authorizing the principal to be at liberty, and, if the principal is in the custody of the sheriff at the time, directing the sheriff to discharge the principal therefrom. If the bail  fixed  is not  posted, or is not approved after being posted, the court must order that the principal be committed to the custody of the  sheriff.  In  the event  of  any  such  non-approval,  the court shall explain promptly in writing the reasons therefor.   3. Non-monetary conditions of  release  shall  be  individualized  and established  in  writing  by the court. At future court appearances, the court shall consider  a  lessening  of  conditions  or  modification  of conditions to a less burdensome form based on the principal's compliance with  such conditions of release. In the event of alleged non-compliance with the conditions of release in an important respect, pursuant to this subdivision, additional conditions may be imposed by the court,  on  the record  or  in writing, only after notice of the facts and circumstances of such alleged  non-compliance,  reasonable  under  the  circumstances, affording  the  principal and the principal's attorney and the people an opportunity to present relevant, admissible evidence, relevant witnesses and to cross-examine witnesses, and a finding by  clear  and  convincing evidence  that  the  principal  violated  a  condition  of release in an important respect. Following such a finding, in determining  whether  to impose   additional  conditions  for  non-compliance,  the  court  shall consider  and  may  select  conditions  consistent  with   the   court's obligation  to impose the least restrictive condition or conditions that will reasonably assure the defendant's return to court. The court  shall explain  on  the  record or in writing the reasons for its determination and for any changes to the conditions imposed.   4. (a) Electronic monitoring of a principal's location may be  ordered only if the court finds, after notice, an opportunity to be heard and an individualized determination explained on the record or in writing, that the  defendant  qualifies  for  electronic monitoring in accordance with subdivision twenty-one of section 500.10 of this  title,  and  no  other realistic  non-monetary condition or set of non-monetary conditions will suffice to reasonably assure a principal's return to court.  (b) The specific method of electronic monitoring  of  the  principal's location must be approved by the court. It must be the least restrictive procedure  and method that will reasonably assure the principal's return to court, and unobtrusive to the greatest extent practicable.  (c) Electronic monitoring of  the  location  of  a  principal  may  be conducted only by a public entity under the supervision and control of a county  or  municipality  or  a  non-profit entity under contract to the  county, municipality or the state. A county  or  municipality  shall  be authorized  to enter into a contract with another county or municipality in the state to monitor  principals  under  non-monetary  conditions  of release  in its county, but counties, municipalities and the state shall not contract with any  private  for-profit  entity  for  such  purposes. Counties,  municipalities  and  the  state  may  contract with a private for-profit entity to  supply  electronic  monitoring  devices  or  other items,  provided  that  any  interaction  with  persons under electronic monitoring or the data produced by such monitoring  shall  be  conducted solely  by  employees  of  a  county,  municipality,  the  state,  or  a non-profit entity under contract with such county, municipality  or  the state.  (d)  Electronic  monitoring  of  a  principal's  location may be for a maximum period of sixty days, and may be renewed for such period,  after notice,  an  opportunity  to  be  heard  and  a  de novo, individualized determination in  accordance  with  this  subdivision,  which  shall  be explained on the record or in writing.   A  defendant  subject  to  electronic  location  monitoring under this subdivision shall be considered held or confined in custody for purposes of section 180.80 of this chapter and shall be considered  committed  to the  custody  of  the  sheriff  for  purposes  of  section 170.70 of the chapter, as applicable.   5. If a principal is released under non-monetary conditions, the court shall, on the record and in an individualized written document  provided to  the  principal, notify the principal, in plain language and a manner sufficiently clear and specific:  (a) of any conditions to which the principal is subject, to serve as a guide for the principal's conduct; and  (b) that the possible consequences for violation of such  a  condition may  include revocation of the securing order and the ordering of a more restrictive securing order.