§ 510.10 Securing order; when required; alternatives available; standard\n to be applied.\n The imposition of a specific type of securing order is in some cases\nrequired by law and in other cases within the discretion of the court in\naccordance with the principles of, and pursuant to its authority granted\nunder, this title.\n 1. When a principal, whose future court attendance at a criminal\naction or proceeding is or may be required, comes under the control of a\ncourt, such court shall impose a securing order in accordance with this\ntitle. Except as otherwise required by law, the court shall make an\nindividualized determination as to whether the principal poses a risk of\nflight to avoid prosecution, consider the kind and degree of control or\nrestriction necessary to reasonably assure the principal's return to\ncourt, and select a securing order consistent with its determination\nunder this subdivision. The court shall explain the basis for its\ndetermination and its choice of securing order on the record or in\nwriting. In making a determination under this subdivision, the court\nmust consider and take into account available information about the\nprincipal, including:\n (a) The principal's activities and history;\n (b) If the principal is a defendant, the charges facing the principal;\n (c) The principal's criminal conviction record if any;\n (d) The principal's record of previous adjudication as a juvenile\ndelinquent, as retained pursuant to section 354.1 of the family court\nact, or, of pending cases where fingerprints are retained pursuant to\nsection 306.1 of such act, or a youthful offender, if any;\n (e) The principal's previous record with respect to flight to avoid\ncriminal prosecution;\n (f) If monetary bail is authorized, according to the restrictions set\nforth in this title, the principal's individual financial circumstances,\nand, in cases where bail is authorized, the principal's ability to post\nbail without posing undue hardship, as well as his or her ability to\nobtain a secured, unsecured, or partially secured bond;\n (g) Any violation by the principal of an order of protection issued by\nany court;\n (h) The principal's history of use or possession of a firearm;\n (i) Whether the charge is alleged to have caused serious harm to an\nindividual or group of individuals; and\n (j) If the principal is a defendant, in the case of an application for\na securing order pending appeal, the merit or lack of merit of the\nappeal.\n 2. A principal is entitled to representation by counsel under this\nchapter in preparing an application for release, when a securing order\nis being considered and when a securing order is being reviewed for\nmodification, revocation or termination. If the principal is financially\nunable to obtain counsel, counsel shall be assigned to the principal.\n 3. In cases other than as described in subdivision four of this\nsection, the court shall release the principal pending trial on the\nprincipal's own recognizance, unless the court finds on the record or in\nwriting that release on the principal's own recognizance will not\nreasonably assure the principal's return to court. In such instances,\nthe court shall release the principal under non-monetary conditions as\nprovided for in subdivision three-a of section 500.10 of this title that\nwill reasonably assure the principal's return to court. The court shall\nexplain its choice of securing order on the record or in writing.\n 4. Where the principal stands charged with a qualifying offense, the\ncourt, unless otherwise prohibited by law, may in its discretion release\nthe principal pending trial on the principal's own recognizance or under\nnon-monetary conditions, fix bail, or order non-monetary conditions in\nconjunction with fixing bail, or, where the defendant is charged with a\nqualifying offense which is a felony, the court may commit the principal\nto the custody of the sheriff. A principal stands charg
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