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 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  as  provided  for  in  subdivision
three-a  of section 500.10 of this title 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. The procedure and method of such
electronic monitoring shall reflect the findings of  the  individualized
determination  warranting  such  imposition  of electronic monitoring to
reasonably  assure  the  principal's  return  to  court,  and  shall  be
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.