2023 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  a securing order issued pursuant to this article it shall be
grounds for revoking such order and imposing a  new  securing  order  in
accordance  with  paragraph (d) of this subdivision, the basis for which
shall be made on the record or in writing, 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;
(ii)  Under  subparagraph  (i)  of  paragraph (b) of this subdivision,
revocation of a previously issued securing order  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,  or  ordering  non-monetary  conditions  in
conjunction with fixing bail, provided, however, that in accordance with
the  principles in this title the court must impose a new securing order
in accordance with subdivision one of section 510.10 of this title,  and
in  imposing  such order, may consider the circumstances warranting such
revocation.  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; and
(iii) Under subparagraphs (ii), (iii), and (iv) of  paragraph  (b)  of
this subdivision, revocation of a previously issued securing order 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  or  ordering  non-monetary
conditions  in conjunction with fixing bail. In issuing the new securing
order, the court shall consider  the  kind  and  degree  of  control  or
restriction  necessary  to  reasonably  assure the principal's return to
court and compliance with court conditions, and select a securing  order
consistent  with  its  determination,  taking  into  account the factors
required to be considered under subdivision one  of  section  510.10  of
this title, the circumstances warranting such revocation, and the nature
and  extent  of  the  principal's  noncompliance with previously ordered
non-monetary conditions of the  securing  order  subject  to  revocation
under   this   subdivision.   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.