§ 530.20 Securing order by local criminal court when action is pending\n therein.\n When a criminal action is pending in a local criminal court, such\ncourt, upon application of a defendant, shall proceed as follows:\n 1. (a) In cases other than as described in paragraph (b) of this\nsubdivision, the court shall release the principal pending trial on the\nprincipal's own recognizance or release the principal pending trial\nunder non-monetary conditions, the determination for which shall be made\nin accordance with subdivision one of section 510.10 of this title. The\ncourt shall explain the basis for its determination and choice of\nsecuring order on the record or in writing.\n (b) 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, 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. The court shall explain its choice of\nsecuring order on the record or in writing. A principal stands charged\nwith a qualifying offense when he or she stands charged with:\n (i) a felony enumerated in section 70.02 of the penal law, other than\nrobbery in the second degree as defined in subdivision one of section\n160.10 of the penal law, provided, however, that burglary in the second\ndegree as defined in subdivision two of section 140.25 of the penal law\nshall be a qualifying offense only where the defendant is charged with\nentering the living area of the dwelling;\n (ii) a crime involving witness intimidation under section 215.15 of\nthe penal law;\n (iii) a crime involving witness tampering under section 215.11, 215.12\nor 215.13 of the penal law;\n (iv) a class A felony defined in the penal law, provided, that for\nclass A felonies under article two hundred twenty of such law, only\nclass A-I felonies shall be a qualifying offense;\n (v) a sex trafficking offense defined in section 230.34 or 230.34-a of\nthe penal law, or a felony sex offense defined in section 70.80 of the\npenal law or a crime involving incest as defined in section 255.25,\n255.26 or 255.27 of such law, or a misdemeanor defined in article one\nhundred thirty of such law;\n (vi) conspiracy in the second degree as defined in section 105.15 of\nthe penal law, where the underlying allegation of such charge is that\nthe defendant conspired to commit a class A felony defined in article\none hundred twenty-five of the penal law;\n (vii) money laundering in support of terrorism in the first degree as\ndefined in section 470.24 of the penal law; money laundering in support\nof terrorism in the second degree as defined in section 470.23 of the\npenal law; money laundering in support of terrorism in the third degree\nas defined in section 470.22 of the penal law; money laundering in\nsupport of terrorism in the fourth degree as defined in section 470.21\nof the penal law; or a felony crime of terrorism as defined in article\nfour hundred ninety of the penal law, other than the crime defined in\nsection 490.20 of such law;\n (viii) criminal contempt in the second degree as defined in\nsubdivision three of section 215.50 of the penal law, criminal contempt\nin the first degree as defined in subdivision (b), (c) or (d) of section\n215.51 of the penal law or aggravated criminal contempt as defined in\nsection 215.52 of the penal law, and the underlying allegation of such\ncharge of criminal contempt in the second degree, criminal contempt in\nthe first degree or aggravated criminal contempt is that the defendant\nviolated a duly served order of protection where the protected party is\na member of the defendant's same family or household as defined in\nsubdivision one of section 530.11 of this article;\n (ix) faci
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