§ 9-148 Bail payments and processing.
AC § 9-148
a. The department shall accept cash bail payments immediately and continuously after an incarcerated individual is admitted to the custody of the department, except on such dates on which an incarcerated individual appears in court other than an arraignment in criminal court. b. The department shall release any incarcerated individual for whom bail or bond has been paid or posted within the required time period of the later of such payment being made or the department's receipt of notice thereof, provided that if an incarcerated individual cannot be released within the required time period due to extreme and unusual circumstances then such incarcerated individual shall be released as soon as possible. Such timeframe may be extended when any of the following occurs, provided that the incarcerated individual's release shall be forthwith as that term is used in section 520.15 of the criminal procedure law: 1. The incarcerated individual receives discharge planning services prior to release; 2. The incarcerated individual has a warrant or hold from another jurisdiction or agency; 3. The incarcerated individual is being transported at the time bail or bond is paid or posted; 4. The incarcerated individual is not in departmental custody at the time bail or bond is paid or posted; 5. The incarcerated individual requires immediate medical or mental health treatment; or 6. Section 520.30 of the criminal procedure law necessitates a delay. c. The department shall accept or facilitate the acceptance of cash bail payments for incarcerated individuals in the custody of the department: (i) at any courthouse of the New York City Criminal Court, (ii) at any location within one half mile of any such courthouse during all operating hours of such courthouse and at least two hours subsequent to such courthouse's closing, or (iii) online. d. For the purposes of subdivision b, the term "required time period" means five hours beginning on October 1, 2017, four hours beginning on April 1, 2018, and three hours beginning on October 1, 2018. e.
1.No fee may be assessed on an online payment of bail, unless the chief administrator of the courts requires a party making a payment of bail to pay a reasonable administrative fee.
2.No fee may be assessed on an in person payment of bail, unless the chief administrator of the courts requires a party making a payment of bail to pay a reasonable administrative fee. (L.L. 2017/123, 7/22/2017, eff. 10/1/2017 and 1/22/2018; Am. L.L. 2019/089, 5/10/2019, eff. 11/10/2019 and 8/10/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
