Select Page

85.10 – Commitment; notifications; warrants

§ 85.10 Commitment; notifications; warrants.

  1. Commitment. Commitment under a sentence of intermittent
    imprisonment and execution of the judgment shall be in accordance with
    the procedure applicable to a definite sentence of imprisonment, except
    that: (a) detention of the defendant under the judgment shall be
    executed during the times specified in the sentence; and (b) the court
    may provide that the defendant is to report to a specified institution
    on a specified date at a specified time to commence service of the
    sentence and in such case the defendant need not be taken into or
    retained in custody when sentence is imposed.
  2. Notifications. A written copy of the sentence imposed by the court
    signed by the judge who imposed the sentence shall be delivered to the
    defendant and shall be annexed to the commitment and to each copy of the
    commitment required to be delivered or filed. When the defendant is not
    taken into or retained in custody at the time sentence is imposed, the
    commitment and copy of the sentence shall forthwith be delivered to the
    person whose duty it is to execute the judgment. If at any time the
    defendant fails to report for confinement as provided in the sentence
    the officer in charge of the institution or department to which such
    commitment is made or someone designated by such officer shall forthwith
    notify the court in writing of such failure to report.
  3. Warrants. Upon receipt of any such notification the court may issue
    a warrant to an appropriate police officer or peace officer directing
    him to take the defendant into custody and bring him before the court.
    The court may then commit such person to custody or fix bail or release
    him on his own recognizance for future appearance before the court.
Criminal Laws NY

Criminal Laws NY