CPL 500.10 Volume 2

Question 1

Article 500.10 recognizance, bail and commitment; definitions of terms.

4. (NO SIGNIFICANT CHANGE) “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 ____________________ during the pendency of the criminal action or proceeding involved.

Answer 1

confined in the custody of the sheriff

Question 2

Article 500.10 recognizance, bail and commitment; definitions of terms.

5. “Securing order” means an order of a court committing a principal to the ___________ or ____________ , where authorized, or releasing the principal on the __________________ or releasing the principal ____________ , or, as otherwise authorized under this title, ordering non-monetary conditions in conjunction with fixing bail.

Answer 2

custody of the sheriff….. fixing bail….. principal’s own recognizance……… under non-monetary conditions

Question 3

Article 500.10 recognizance, bail and commitment; definitions of terms.

6. “Order of recognizance or bail” means a securing order releasing a principal on the principal’s _______________ or under _______________ or, where authorized_______________

Answer 3

own recognizance……… non-monetary conditions………. , fixing bail.

Question 4

Article 500.10 recognizance, bail and commitment; definitions of terms.

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.

Answer 4

xx

Question 5

Article 500.10 recognizance, bail and commitment; definitions of terms.

(No significant change) 8. “Post bail” means to ___________ in the amount and form fixed by the court, with the court or with some other authorized public servant or agency.

Answer 5

deposit bail

Question 6

Article 500.10 recognizance, bail and commitment; definitions of terms.

9. “Bail” means:

• _______ bail,
• a _________ bond or
• money paid with _________

Answer 6

Cash…….. bail…….. a credit card.

Question 7

Article 500.10 recognizance, bail and commitment; definitions of terms.

10. Cash Bail- A sum of money designated by the court deposited by the Principal or another person on his behalf upon the condition that the money will be _______________ if the principal does not comply with the court’s direction to appear and obey other orders

Answer 7

forfeited to the People of the state of NY

Question 8

Article 500.10 recognizance, bail and commitment; definitions of terms.

11. Obligor- A Person who executes ________ and assumes the ___________. It can be the __________ themselves or another

Answer 8

a Bail bond……… undertaking……… Principal

Question 9

Article 500.10 recognizance, bail and commitment; definitions of terms.

12. Surety - An Obligor who is not the _________

Answer 9

Principal

Question 10

Article 500.10 recognizance, bail and commitment; definitions of terms.

13. Bail Bond - A written undertaking executed by one or more Obligors that failure of the Principal to comply with appearing and other court orders will result in them paying the People of the State of NY a ___________ as designated in the order fixing bail

Answer 10

specified sum of money

Question 11

Article 500.10 recognizance, bail and commitment; definitions of terms.

14. Appearance Bond - A bail bond in which the ___________ is the Principal

Answer 11

only Obligor

Question 12

Article 500.10 recognizance, bail and commitment; definitions of terms.

15. Surety Bond - Means a bail bond executed by one or more ________ or one or more ___________ and the Principal

Answer 12

Sureties……. Sureties

Question 13

Article 500.10 recognizance, bail and commitment; definitions of terms.

16. Insurance Company Bail Bond - Means a ________ executed by an obligor who is a corporation licensed by superintendent of financial services to execute bail bonds

Answer 13

Surety bond

Question 14

Article 500.10 recognizance, bail and commitment; definitions of terms.

17. Secured Bail bond - A bond secured by __________ EQUAL to or greater than the amount of the undertaking, or ____________ at least EQUAL TO _______ times the undertaking

Hint: You can lose your car but not your house

Answer 14

Personal Property …… Real property ….… (2X)

Question 15

Article 500.10 recognizance, bail and commitment; definitions of terms.

18. Partially secured Bail bond - a bail bond secured only by a sum of money not exceeding ___________ percent of the undertaking

Answer 15

TEN (10)

Question 16

Article 500.10 recognizance, bail and commitment; definitions of terms.

18. Unsecured Bail bond - A bail bond other than an ___________ bail bond _____________ by any deposit or lien upon property.
    “How is this different than ROR?, no one knows”

Answer 16

insurance company…. , not secured

Question 17

Article 500.10 recognizance, bail and commitment; definitions of terms.

20. “Court” includes, where appropriate, a judge authorized to act as described in a particular statute, though not as a court.

Answer 17

xx

Question 18

Article 500.10 recognizance, bail and commitment; definitions of terms.

21. (NEW)

Concise Restatement:
To be eligible for electronic monitoring under section 510.40, a person must be charged with:

Felony: Any felony offense.
Domestic Violence Misdemeanor: Any misdemeanor crime of domestic violence.
Certain Class A Misdemeanors: Any misdemeanor defined in article 130 of the Penal Law.
Misdemeanor with Prior Violent Felony: Any misdemeanor if the defendant was convicted of a violent felony within the past ___ years, excluding time spent incarcerated for any reason. The ______-year period is extended by the time served for such incarceration.

Answer 18

five years ……….. five year

“Qualifies for electronic monitoring,” for purposes of subdivision four of section 510.40 (Court notification to principal of conditions of release and of alleged violations of conditions of release) 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 (Certain modifications of a securing order) of this title apply, or any misdemeanor where the defendant stands previously convicted, within the past ______ , of a violent felony offense as defined in section 70.02 of the penal law (Sentence of imprisonment for a violent felony offense).

For the purposes of this subdivision, in calculating such __________ 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.

Question 19

Article 500.10 recognizance, bail and commitment; definitions of terms.

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 (Procedures for family offense matters) of this title.

Answer 19

xx