530.70 - Order of recognizance or bail; bench warrant.

§ 530.70 Order of recognizance or bail; bench warrant.    1. A bench warrant issued by a superior court, by a district court, by  the New York City criminal court or by a superior court judge sitting as  a  local  criminal  court may be executed anywhere in the state. A bench  warrant issued by a city court, a town court or a village court  may  be  executed  in  the county of issuance or any adjoining county; and it may  be executed anywhere else in the  state  upon  the  written  endorsement  thereon  of  a local criminal court of the county in which the defendant  is to be taken into custody. When so endorsed, the warrant is deemed the  process of the endorsing court as well as that of the issuing court.    2. A bench warrant may be addressed to: (a) any police  officer  whose  geographical  area  of  employment  embraces  either the place where the  offense charged was allegedly committed or the locality of the court  by  which  the  warrant  is issued; or (b) any uniformed court officer for a  court in the city of New York, the  county  of  Nassau,  the  county  of  Suffolk or the county of Westchester or for any other court that is part  of  the  unified court system of the state for execution in the building  wherein such court officer is employed  or  in  the  immediate  vicinity  thereof.  A  bench  warrant  must  be  executed  in the same manner as a  warrant of arrest, as provided in  section  120.80,  and  following  the  arrest,  such  executing  police  officer  or court officer must without  unnecessary delay bring the defendant before the court in  which  it  is  returnable;  provided,  however, if the court in which the bench warrant  is returnable is a city, town or village court, and such  court  is  not  available,  and the bench warrant is addressed to a police officer, such  executing police  officer  must  without  unnecessary  delay  bring  the  defendant  before  an  alternate  local  criminal  court, as provided in  subdivision five of section 120.90; or if the court in which  the  bench  warrant  is  returnable  is  a  superior  court,  and  such court is not  available, and the bench warrant is addressed to a police officer,  such  executing   police   officer  may  bring  the  defendant  to  the  local  correctional facility of the county in which  such  court  sits,  to  be  detained there until not later than the commencement of the next session  of such court occurring on the next business day.    2-a. A court which issues a bench warrant may attach thereto a summary  of the basis for the warrant. In any case where, pursuant to subdivision  two  of  this  section,  a  defendant  arrested  upon a bench warrant is  brought before a local criminal court other than the court in which  the  warrant  is  returnable,  such  local criminal court shall consider such  summary before issuing a securing order with respect to the defendant.    3. A bench warrant may be executed by (a) any officer to  whom  it  is  addressed, or (b) any other police officer delegated to execute it under  circumstances prescribed in subdivisions four and five.    4.  The  issuing  court  may authorize the delegation of such warrant.  Where the issuing court has so authorized, a police officer  to  whom  a  bench  warrant  is addressed may delegate another police officer to whom  it is not addressed to execute such warrant as his agent when:    (a) He has reasonable cause to believe that  the  defendant  is  in  a  particular county other than the one in which the warrant is returnable;  and    (b)  The  geographical  area  of  employment  of  the delegated police  officer embraces the locality where the arrest is to be made.    5. Under circumstances  specified  in  subdivision  four,  the  police  officer  to whom the bench warrant is addressed may inform the delegated  officer, by telecommunication, mail or any other means, of the  issuance  of  the  warrant,  of  the  offense charged in the underlying accusatory  instrument and of all other pertinent details, and may  request  him  to  act  as  his  agent  in  arresting  the defendant pursuant to such benchwarrant. Upon such request, the delegated police officer is to the  same  extent  as  the  delegating  officer,  authorized  to  make  such arrest  pursuant to the bench warrant  within  the  geographical  area  of  such  delegated officer's employment. Upon so arresting the defendant, he must  without  unnecessary  delay  deliver  the  defendant  or cause him to be  delivered to the custody of  the  police  officer  by  whom  he  was  so  delegated,  and the latter must then without unnecessary delay bring the  defendant before the court in which such bench warrant is returnable.    6. A bench warrant may be executed by an officer of the state division  of parole or a probation  officer  when  the  person  named  within  the  warrant  is  under  the  supervision  of  the  division  of  parole or a  department of probation and the probation officer is authorized  by  his  probation  director,  as  the  case may be. The warrant must be executed  upon the same conditions and in the same manner as is otherwise provided  for execution by a police officer.