Bail and bail bonds; posting of cash bail
§ 520.15 Bail and bail bonds; posting of cash bail.
1. Where a court has fixed bail pursuant to subdivision two of section 520.10, at any time after the principal has been committed to the custody of the sheriff pending the posting thereof, cash bail in the amount designated in the order fixing bail may be posted even though such bail was not specified in such order. Cash bail may be deposited with (a) the county treasurer of the county in which the criminal action or proceeding is pending or, in the city of New York with the commissioner of finance, or (b) the court which issued such order, or (c) the sheriff in whose custody the principal has been committed. Upon proof of the deposit of the designated amount the principal must be forthwith released from custody.
2. The person posting cash bail must complete and sign a form which states (a) the name, residential address and occupation of each person posting cash bail; and (b) the title of the criminal action or proceeding involved; and (c) the offense or offenses which are the subjects of the action or proceeding involved, and the status of such action or proceeding; and (d) the name of the principal and the nature of his involvement in or connection with such action or proceeding; and (e) that the person or persons posting cash bail undertake that the principal will appear in such action or proceeding whenever required and will at all times render himself amenable to the orders and processes of the court; and (f) the date of the principal's next appearance in court; and (g) an acknowledgement that the cash bail will be forfeited if the principal does not comply with any requirement or order of process to appear in court; and (h) the amount of money posted as cash bail.
3. Money posted as cash bail is and shall remain the property of the person posting it unless forfeited to the court.
1. After the court fixes bail under § 520.10(2) and the principal is in the sheriff's custody, cash bail in the designated amount may be posted even if cash wasn't one of the specified forms. ★ It may be deposited with:
Upon proof of the deposit, the principal must be released forthwith. ★
2. The person posting cash bail must complete and sign a form stating: (a) each poster's name, address, occupation; (b) the title of the action; (c) the offense(s) and status; (d) the principal's name and connection; (e) an undertaking that the principal will appear whenever required and stay amenable to the court's process; (f) the date of next appearance; (g) an acknowledgment that cash bail is forfeited if the principal fails to appear; and (h) the amount posted. ★
3. Cash bail remains the property of the person who posted it unless forfeited to the court. ★ (Important: it's the poster's money, not the defendant's.)
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.