85.05 – Modification and revocation of sentences of intermittent imprisonment

§ 85.05 Modification and revocation of sentences of intermittent
imprisonment.

1. 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.
2. 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.
3. 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.
4. 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.