CPL 500.10 Volume 1 Flashcards
Article 500.10 recognizance, bail and commitment; definitions of terms.
- “__________” 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.
Principal
Article 500.10 recognizance, bail and commitment; definitions of terms.
- “_____________.” 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 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.
Release on own recognizance
Article 500.10 recognizance, bail and commitment; definitions of terms.
(NO CHANGE) 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 _______ during the pendency of the criminal action or proceeding involved.
at liberty
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
“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 ___________ during the pendency of the criminal action or proceeding involved under conditions ordered by the court.
be at liberty
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
The conditions ordered shall reflect the findings of the individualized determination warranting such imposition of non-monetary conditions to reasonably assure the _________________ and compliance with court conditions.
principal’s return to court
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
A principal shall not be required to pay for any part of the cost of _______________ .
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 (Pretrial services agencies), 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;
release on non-monetary conditions
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
(f) that the principal be referred to a ___________ 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 mental hygiene law;
pretrial services agency
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
(g) that the principal make ___________ to maintain employment, housing, or enrollment in school or educational programming;
diligent efforts
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
(h) that the principal obey an _________ issued by the court, including an order issued pursuant to section 530.11 (Procedures for family offense matters) of this title;
order of protection
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
(i) that the principal obey conditions set by the court addressed to the ________ of a family offense as defined CPL 530.11 - Procedures for family offense matters, including conditions that may be requested by or on behalf of the victim; and
safety of a victim
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-a. Release under non-monetary conditions
(j) When it is shown 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
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Article 500.10 recognizance, bail and commitment; definitions of terms.
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.
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Article 500.10 recognizance, bail and commitment; definitions of terms.
3-c.
(a) “Release for mental health assessment and evaluation.”
When a principal appearing before the court appears, __________________, to ________________ 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.
by clear and convincing evidence………. be mentally ill
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-c.
(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 __________ 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 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 ___________ which is likely to result in immediate serious harm to himself or herself or others.
serious harm…………. disorderly conduct
Article 500.10 recognizance, bail and commitment; definitions of terms.
3-c.
(b) “Involuntary assessment pending release.”
The court is also authorized to request peace officers or police officers to take into custody and transport such person to a hospital for determination by the director of community services when such person qualifies for ___________ pursuant to this section.
admission
