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 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. The conditions ordered shall reflect the findings
of  the  individualized  determination  warranting  such  imposition  of
non-monetary  conditions  to 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,  upon  a  finding  in  accordance  with subdivision four of
section 510.45 of  this  title,  the  person  be  placed  in  reasonable
pretrial  supervision with a pretrial services agency serving principals
in that county, provided, however that where non-monetary conditions are
imposed in combination with a securing order also fixing bail, the court
shall not be required to make such separate finding;
(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,
including but not limited  to  mental  health  and  chemical  dependence
treatment,  and  intimate  partner violence intervention programs. Where
applicable, the court may refer the principal to a crisis  stabilization
center or direct that 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.
3-c. (a) "Release for mental health assessment and evaluation." When a
principal  appearing  before  the court appears, by clear and convincing
evidence, to be mentally ill at the present moment  such  that  if  left
unattended  their  conduct  may  result in harm to himself or herself or
others, the court may: order as a condition of release under supervision
that the principal seek a voluntary psychiatric assessment under section
9.13 of  the  mental  hygiene  law  if  the  principal  has  a  recently
documented history of mental illness or psychiatric hospitalization, and
the defense consents to the assessment.
(b)   "Involuntary  assessment  pending  release."  When  a  principal
appearing before the court appears, by clear and convincing evidence, to
be mentally ill at the present moment such that if left unattended their
conduct may result in immediate serious harm to himself  or  herself  or
others,  the court may order as a condition of release under supervision
that the principal be taken by an entity, including but not limited  to,
pretrial  services  agencies,  or another qualified provider, to a local
hospital  for  immediate  psychiatric  assessment  involuntarily   under
section  9.43  of  the mental hygiene law if the principal is conducting
himself or herself before the court, in such a manner which in a  person
who  is  not  mentally  ill  would be deemed disorderly conduct which is
likely to result in immediate serious harm  to  himself  or  herself  or
others.  The  court  is  also authorized to request peace officers, when
acting pursuant to their special duties, or  police  officers,  who  are
members  of  an  authorized police department or force or of a sheriff's
department, to take into custody and transport such person to a hospital
for determination by the director of community services when such person
qualifies  for  admission  pursuant  to  this  section.  The  court  may
authorize an ambulance service, as defined by subdivision two of section
three thousand one of the public health law, to transport such person to
any  hospital specified in subdivision (a) of section 9.39 of the mental
hygiene law or any comprehensive psychiatric emergency program specified
in subdivision (a) of section 9.40 of the mental hygiene  law,  that  is
willing  to  receive  such  person.  Upon  removal,  there  shall  be  a
determination made by the director of such hospital or  program  whether
such  person  should be retained therein pursuant to section 9.39 of the
mental hygiene law. If the principal is hospitalized,  at  the  time  of
release  the  hospital  shall complete a discharge plan with linkages to

community-based mental health treatment,  including  services  that  are
provided  after  the  individual has stabilized, if applicable and other
community-based services as may be deemed necessary and appropriate  and
notify  pretrial  services  agencies  and  the  defense  counsel  of the
person's discharge.  Pretrial  services  agencies  are  responsible  for
ensuring continuity of care for the principal in the community.
(c) "Pretrial services." Pretrial services agencies shall be required,
upon  the  request  of the court to provide a summary of the assessment,
limited  to  necessary  and  relevant  information   relating   to   the
principal's  completion  of  an  assessment  and  evaluation, placement,
treatment, and discharge from the hospital solely  for  the  purpose  of
ensuring  compliance  with  the  conditions of release and in accordance
with any applicable state and federal confidentiality  laws.  Conditions
of  release  may  not  be  revoked  solely  based  on noncompliance with
treatment.
(d) "Confidential." Any clinical record produced  as  a  part  of  the
assessment,  services  or  treatment  plans  required  pursuant  to this
subdivision shall be considered confidential and shall not be considered
part of the public record, and access to such records shall  be  limited
in  accordance  with  applicable  federal  and  state privacy laws. Such
information shall not be used as part of  the  criminal  proceeding  and
shall be expunged upon the resolution of the case.
(e)  "Referral."  Courts shall refer the principal, where appropriate,
to a judicial diversion program as defined in  section  216.00  of  this
chapter or to any other appropriate treatment court.
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, or, as otherwise authorized
under this title, ordering non-monetary conditions in  conjunction  with
fixing bail.
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.