CPL § 570.38

Bail; in what cases; conditions of bond  ·  as in force on May 31, 2026

§ 570.38 Bail; in what cases; conditions of bond.

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a justice of the supreme court or county judge in this state may admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond or undertaking but not later than thirty days after the examination referred to in section 570.36 and for his surrender, to be arrested upon the warrant of the governor of this state.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/570.38

In plain English

Unless the demanding state’s charge is punishable by death or life imprisonment, a Supreme Court justice or county judge may grant bail with adequate sureties and an amount the judge finds proper. The bond must require appearance and surrender at a stated time no later than 30 days after the § 570.36 examination for arrest under the governor’s warrant. ★

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.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.