{"jurisdiction": "us-ny", "code": "cpl", "section": "530.80", "citation": "CPL § 530.80", "heading": "Order of recognizance or bail; surrender of defendant", "text": ["§ 530.80  Order of recognizance or bail; surrender of defendant.", "1.  At any time before the forfeiture of a bail bond, an obligor may surrender the defendant in his exoneration, or the defendant may surrender himself, to the court in which his case is pending or to the sheriff to whose custody he was committed at the time of giving bail, in the following manner:", "(a)  A certified copy of the bail bond must be delivered to the sheriff, who must detain the defendant in his custody thereon, as upon a commitment.  The sheriff must acknowledge the surrender by a certificate in writing, and must forthwith notify the court in which the case is pending that such surrender has been made.", "(b)  Upon the bail bond and the certificate of the sheriff, or upon the surrender to the court in which the case is pending, such court must, upon five days notice to the district attorney, order that the bail be exonerated.  On filing such order, the bail is exonerated accordingly.", "2.  For the purpose of surrendering the defendant, an obligor or the person who posted cash bail for the defendant may take him into custody at any place within the state, or he may, by a written authority indorsed on a certified copy of the bail bond, empower any person over twenty years of age to do so.", "3.  At any time before the forfeiture of cash bail, the defendant may surrender himself or the person who posted bail for the defendant may surrender the defendant in the manner prescribed in subdivision one.  In such case, the court must order a return of the money to the person who posted it, upon producing the certificate of the sheriff showing the surrender, and upon a notice of five days to the district attorney."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/530.80", "from_official_api": true, "plain_english": "- **Subd. 1.** ★ Before a bail bond is forfeited, an **obligor** (bondsman) may surrender the defendant — or the defendant may surrender himself — to the court or the sheriff. A **certified copy of the bail bond** is delivered to the sheriff, who detains the defendant and certifies the surrender; the court, on **5 days' notice** to the DA, orders the **bail exonerated**.\n- **Subd. 2.** For surrender, an obligor (or cash-bail poster) may take the defendant into custody anywhere in the state, or empower (in writing on a certified bond copy) any person **over 20** to do so.\n- **Subd. 3.** Before **cash bail** is forfeited, the defendant/poster may surrender the same way, and the court orders the **money returned** on the sheriff's certificate and **5 days' notice** to the DA.\n\n---\n\n**★ Exam hits:**\n- **Securing order** = the umbrella for four outcomes: **recognizance, non-monetary conditions, bail, or commitment (remand).**\n- **Bail-reform default: RELEASE.** Bail/commitment is available **only for a \"qualifying offense\"** (§ 530.20 for local courts, § 530.40 for superior court); the court must **explain its securing-order choice** on the record.\n- **Family offenses: concurrent jurisdiction** of family and criminal court — **except** exclusive family-court jurisdiction when the respondent is **too young to be criminally responsible** (§ 30.00).\n- **Family court = civil (protection); criminal court = prosecution (conviction).** Case starts at **filing**, not arrest.\n- **Order-of-protection duration caps** (until Sept. 1, 2027): **felony 8 yrs / class A misd. 5 yrs / other 2 yrs** (higher for sexual-assault probation); dropping to **5/3/1** after Sept. 1, 2027.\n- **The clerk files a copy of every order of protection with the sheriff** (or city police) and **issues copies** to the parties, counsel, and the detaining facility; presenting a copy to an officer is **authority to arrest** a violator; the **protected party can't be arrested for violating their own order.**\n- **Firearm surrender rides with protective orders** (§ 530.14); if the court orders it before a hearing, the hearing must **start within 14 days.**\n- **Emergency TOPs** issued by a local criminal court when family court isn't in session are returnable **within 4 calendar days.**\n- **Revocation of a securing order** needs a **hearing**; most grounds require **clear and convincing evidence** (failure to appear, violating an order of protection, new witness-tampering, or a new felony while at liberty). Pre-hearing detention **≤ 72 hours (+72 more for good cause).**\n- **§ 530.30 and § 530.45 each allow only ONE application.**\n- **Post-conviction:** no bail/release for a **class A felony** or a **class B/C Art. 130 sexual felony** by an adult against a minor.\n- **§ 530.45 clocks:** order dies if **no appeal within 30 days** of sentence, or if the appeal isn't argued **within 120 days** of the notice of appeal.\n- **Bench warrant reach:** superior/district/NYC-criminal court = **statewide**; city/town/village court = **county + adjoining county** unless endorsed.\n- **Surrender/exoneration** requires **5 days' notice** to the DA.\n\n\n---\n*Verbatim statute:* [[CPL - Article 530]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/530.80", "publisher": "Elyphived LLC"}