§ 85.05 Modification and revocation of sentences of intermittent
imprisonment.
- Authorization. A sentence of intermittent imprisonment may be
modified by the court in its discretion upon application of the
defendant; and the court on its own motion may modify or revoke any such
sentence if:
(a) the court is satisfied during the term of the sentence that the
defendant has committed another offense during such term;
(b) the defendant has failed to report to the institution to which he
has been committed, or to the institution designated by the head of the
agency to which he has been committed, on a day or dates specified in
the commitment and is unable or unwilling to furnish a reasonable and
acceptable explanation for such failure; or
(c) the defendant has violated a rule or regulation of the institution
or agency to which he has been committed and the head of such
institution or agency or someone delegated by him has reported such
violation in writing to the court. - Interruption of sentence. In any case where the defendant fails to
report to the institution or to an institution of the agency to which he
has been committed, the term of the sentence shall be interrupted and
such interruption shall continue until the defendant either reports to
such institution or appears before the court that imposed the sentence,
whichever occurs first. If the defendant reports to the institution
before he appears before the court, he shall be brought before the
court. - Action by court. The court shall not modify or revoke a sentence of
intermittent imprisonment unless the defendant has been afforded an
opportunity to be heard. Any modification of a sentence of intermittent
imprisonment:
(a) may provide (i) for different or additional or fewer days or parts
of days on which the defendant is to be confined, or (ii) where the
defendant has failed to report as specified in the sentence, an
extension of the term of the sentence for the period during which it was
interrupted, or (iii) for both; and
(b) shall be by written order of the court and shall be delivered and
filed in the same manner as the original sentence, as specified in
subdivision two of section 85.10 of this article. - Jail time. Where a sentence of intermittent imprisonment is revoked
and a sentence of imprisonment is imposed in its place for the same
offense, time spent in confinement under the sentence of intermittent
imprisonment shall be calculated as jail time under subdivision three of
section 70.30 of this chapter and shall be added to any jail time
accrued against such sentence prior to imposition thereof.
