520.30 - Bail and bail bonds; examination as to sufficiency.

§ 520.30  Bail and bail bonds; examination as to sufficiency.    1.   Following the posting of a bail bond and the justifying affidavit  or affidavits or the posting of cash bail,  the  court  may  conduct  an  inquiry  for  the purpose of determining the reliability of the obligors  or person posting cash bail, the value and sufficiency of  any  security  offered,  and  whether any feature of the undertaking contravenes public  policy; provided that before undertaking an inquiry, of a person posting  cash bail the court, after application of the  district  attorney,  must  have  had  reasonable cause to believe that the person posting cash bail  is not in rightful possession of money posted as cash bail or that  such  money  constitutes the fruits of criminal or unlawful conduct. The court  may inquire into any matter stated or  required  to  be  stated  in  the  justifying   affidavits,   and  may  also  inquire  into  other  matters  appropriate to the determination, which include but are not  limited  to  the following:    (a)   The background, character and reputation of any obligor, and, in  the case of an insurance company bail bond, the  qualifications  of  the  surety-obligor and its executing agent; and    (b)    The source of any money or property deposited by any obligor as  security, and whether any such money or property constitutes the  fruits  of criminal or unlawful conduct; and    (c)    The  source  of any money or property delivered or agreed to be  delivered to any obligor as indemnification on the bond, and whether any  such money or property constitutes the fruits of  criminal  or  unlawful  conduct; and    (d)    The  background, character and reputation of any person who has  indemnified or agreed to indemnify an obligor upon the bond; and whether  any such  indemnitor,  not  being  licensed  by  the  superintendent  of  insurance  in  accordance with the insurance law, has within a period of  one month prior to such indemnity transaction given  indemnification  or  security  for like purpose in more than two cases not arising out of the  same transaction; and    (e) The source of any money posted as cash bail, and whether any  such  money constitutes the fruits of criminal or unlawful conduct;    (f)  The  background,  character  and reputation of the person posting  cash bail.    2.  Upon such inquiry, the court may examine, under oath or otherwise,  the obligors and any other persons who may possess material information.  The district attorney has a  right  to  attend  such  inquiry,  to  call  witnesses  and to examine any witness in the proceeding.  The court may,  upon application of the district attorney, adjourn the proceeding for  a  reasonable period to allow him to investigate the matter.    3.    At  the conclusion of the inquiry, the court must issue an order  either approving or disapproving the bail.