§ 530.40 Order of recognizance, release under non-monetary conditions or\n bail; by superior court when action is pending therein.\n When a criminal action is pending in a superior court, such court,\nupon application of a defendant, must or may order recognizance or bail\nas follows:\n 1. When the defendant is charged with an offense or offenses of less\nthan felony grade only, the court must, unless otherwise provided by\nlaw, order recognizance or release under non-monetary conditions in\naccordance with this section.\n 2. When the defendant is charged with a felony, the court may, unless\notherwise provided by law in its discretion, order recognizance, release\nunder non-monetary conditions or, where authorized, bail. In any such\ncase in which an indictment (a) has resulted from an order of a local\ncriminal court holding the defendant for the action of the grand jury,\nor (b) was filed at a time when a felony complaint charging the same\nconduct was pending in a local criminal court, and in which such local\ncriminal court or a superior court judge has issued an order of\nrecognizance, release under non-monetary conditions or, where\nauthorized, bail which is still effective, the superior court's order\nmay be in the form of a direction continuing the effectiveness of the\nprevious order.\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 or release the principal pending trial\nunder non-monetary conditions, the determination for which shall be made\nin accordance with section 510.10 of this title. The court shall explain\nthe basis for its determination and choice of securing order on the\nrecord 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, and in\naccordance with section 510.10 of this title, release the principal\npending trial on the principal's own recognizance or under non-monetary\nconditions, fix bail, or order non-monetary conditions in conjunction\nwith fixing bail, or, where the defendant is charged with a qualifying\noffense which is a felony, the court may commit the principal to the\ncustody of the sheriff. The court shall explain the basis for its\ndetermination and its choice of securing order on the record or in\nwriting. A principal stands charged with a qualifying offense for the\npurposes of this subdivision when he or she stands charged with:\n (a) 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 (b) a crime involving witness intimidation under section 215.15 of the\npenal law;\n (c) a crime involving witness tampering under section 215.11, 215.12\nor 215.13 of the penal law;\n (d) a class A felony defined in the penal law, provided that for class\nA felonies under article two hundred twenty of such law, only class A-I\nfelonies shall be a qualifying offense;\n (e) 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 (f) 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 (g) money laundering in support of terrorism in the first degree as\ndefined in section 470.24 of th
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