(b) The specific method of electronic monitoring of the principal's
location must be approved by the court. The procedure and method of such
electronic monitoring shall reflect the findings of the individualized
determination warranting such imposition of electronic monitoring to
reasonably assure the principal's return to court, and shall be
unobtrusive to the greatest extent practicable.
(c) Electronic monitoring of the location of a principal may be
conducted only by a public entity under the supervision and control of a
county or municipality or a non-profit entity under contract to the
county, municipality or the state. A county or municipality shall be
authorized to enter into a contract with another county or municipality
in the state to monitor principals under non-monetary conditions of
release in its county, but counties, municipalities and the state shall
not contract with any private for-profit entity for such purposes.
Counties, municipalities and the state may contract with a private
for-profit entity to supply electronic monitoring devices or other
items, provided that any interaction with persons under electronic
monitoring or the data produced by such monitoring shall be conducted
solely by employees of a county, municipality, the state, or a
non-profit entity under contract with such county, municipality or the
state.
(d) Electronic monitoring of a principal's location may be for a
maximum period of sixty days, and may be renewed for such period, after
notice, an opportunity to be heard and a de novo, individualized
determination in accordance with this subdivision, which shall be
explained on the record or in writing.
A defendant subject to electronic location monitoring under this
subdivision shall be considered held or confined in custody for purposes
of section 180.80 of this chapter and shall be considered committed to
the custody of the sheriff for purposes of section 170.70 of the
chapter, as applicable.
5. If a principal is released under non-monetary conditions, the court
shall, on the record and in an individualized written document provided
to the principal, notify the principal, in plain language and a manner
sufficiently clear and specific:
(a) of any conditions to which the principal is subject, to serve as a
guide for the principal's conduct; and
(b) that the possible consequences for violation of such a condition
may include revocation of the securing order and the ordering of a more
restrictive securing order.
Structure New York Laws
Part 3 - Special Proceedings and Miscellaneous Procedures
510.10 - Securing Order; When Required; Alternatives Available; Standard to Be Applied.
510.15 - Commitment of Principal Under Seventeen or Eighteen.
510.20 - Application for a Change in Securing Order.
510.30 - Application for Securing Order; Rules of Law and Criteria Controlling Determination.
510.43 - Court Appearances: Additional Notifications.