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Bail was set at $5,000 but not posted by Linda Hockaday, 51, who was charged with first- and second-degree reckless endangerment. The first charge is a felony.

Hockaday was arrested Thursday after investigators found 22-year-old Edwin Rivera in a Brooklyn bus yard, nearly 24 hours after he left home to attend an East Harlem special needs program.

Prosecutors said Hockaday is certified to take care of people with special needs and had failed her responsibility.

Officials at Outstanding Transport, the bus company, said they have fired Hockaday. Its lawyer says the company has a great safety record and employees are given monthly training sessions.

"I still can't fathom what was on the escort's mind," said Charles Curcio, owner of Outstanding Transport. "I have no idea why she did what she did."

Rivera has cerebral palsy and is not verbal. He is currently being treated for hypothermia and is said to be in stabile condition at Brookdale University Medical Center.

"[Hockaday] knowingly saw the client on the bus, sleeping in the back, and told [the company] the bus was clear and said that she was in a rush to go somewhere," said Curcio. "It's a disgrace. I have children of my own. We're not a trucking company, we transport the most precious cargo in the world."

The defense says the driver also should have checked the bus.

Curcio said the driver was new on the job and was being trained by Hockaday.

Rivera's family is upset by the incident.

"I hope something, something's got to happen, because that's just pure negligence and stupidity," said Khristine Rivera, the student's sister. "Just because he is this way doesn't mean he's less of a person, he just needs extra help."

Hockaday is due back in court on January 7.