§ 520.30 Bail and bail bonds; examination as to sufficiency.\n 1. Following the posting of a bail bond and the justifying affidavit\nor affidavits or the posting of cash bail, the court may conduct an\ninquiry for the purpose of determining the reliability of the obligors\nor person posting cash bail, the value and sufficiency of any security\noffered, and whether any feature of the undertaking contravenes public\npolicy; provided that before undertaking an inquiry, of a person posting\ncash bail the court, after application of the district attorney, must\nhave had reasonable cause to believe that the person posting cash bail\nis not in rightful possession of money posted as cash bail or that such\nmoney constitutes the fruits of criminal or unlawful conduct. The court\nmay inquire into any matter stated or required to be stated in the\njustifying affidavits, and may also inquire into other matters\nappropriate to the determination, which include but are not limited to\nthe following:\n (a) The background, character and reputation of any obligor, and, in\nthe case of an insurance company bail bond, the qualifications of the\nsurety-obligor and its executing agent; and\n (b) The source of any money or property deposited by any obligor as\nsecurity, and whether any such money or property constitutes the fruits\nof criminal or unlawful conduct; and\n (c) The source of any money or property delivered or agreed to be\ndelivered to any obligor as indemnification on the bond, and whether any\nsuch money or property constitutes the fruits of criminal or unlawful\nconduct; and\n (d) The background, character and reputation of any person who has\nindemnified or agreed to indemnify an obligor upon the bond; and whether\nany such indemnitor, not being licensed by the superintendent of\nfinancial services in accordance with the insurance law, has within a\nperiod of one month prior to such indemnity transaction given\nindemnification or security for like purpose in more than two cases not\narising out of the same transaction; and\n (e) The source of any money posted as cash bail, and whether any such\nmoney constitutes the fruits of criminal or unlawful conduct;\n (f) The background, character and reputation of the person posting\ncash bail.\n 2. Upon such inquiry, the court may examine, under oath or otherwise,\nthe obligors and any other persons who may possess material information.\nThe district attorney has a right to attend such inquiry, to call\nwitnesses and to examine any witness in the proceeding. The court may,\nupon application of the district attorney, adjourn the proceeding for a\nreasonable period to allow him to investigate the matter.\n 3. At the conclusion of the inquiry, the court must issue an order\neither approving or disapproving the bail.\n
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