(2) The application for a charitable bail organization certificate
shall be in such form or forms, and shall contain relevant information,
as the superintendent shall prescribe.
(3) The superintendent may refuse to issue a charitable bail
organization certificate if, in the superintendent's judgment, an
applicant, or an officer or director of the applicant, has: (A)
demonstrated untrustworthiness or incompetence; (B) given cause for the
revocation or suspension of the certificate; or (C) failed to comply
with any prerequisite for the issuance of the certificate.
(4) A charitable bail organization certificate shall be valid for a
term of five years from issuance. At the time of application for every
such certificate, and for every renewal thereof, an applicant shall pay
to the superintendent a sum of one thousand dollars payable each term or
fraction of a term, provided, however, that in his or her discretion,
the superintendent may waive such fee.
(5) If an application for a renewal certificate shall have been filed
with the superintendent before the expiration of such certificate, then
the certificate sought to be renewed shall continue in full force and
effect either until the issuance by the superintendent or the renewal
certificate applied for or until five days after the superintendent
shall have refused to issue such renewal certificate.
(6) The superintendent may refuse to renew or may revoke or suspend a
charitable bail organization certificate for a reasonable period
determined by the superintendent if, after notice and hearing, the
superintendent determines that an applicant or licensee, or an officer
or director of the applicant or licensee, has: (A) demonstrated
untrustworthiness or incompetence; (B) violated this section or
authorized regulations promulgated thereunder; or (C) failed to stay
current with their registration as a charity pursuant to article seven-A
of the executive law. Any hearing conducted under this section shall
comply with the requirements of section three hundred five of the
financial services law.
(b) A charitable bail organization shall:
(1) only deposit money as bail in the amount of two thousand dollars
or less for a defendant charged with one or more misdemeanors, provided,
however, that such organization shall not execute as surety any bond for
any defendant;
(2) only deposit money as bail on behalf of a person who is
financially unable to post bail, which may constitute a portion or the
whole amount of such bail;
(3) only deposit money as bail in one county in this state. Provided,
however, that a charitable bail organization whose principal place of
business is located within a city of a million or more may deposit money
as bail in the five counties comprising such city; and
(4) not charge a premium or receive compensation for acting as a
charitable bail organization.
(c) The superintendent may promulgate regulations implementing this
section.