NY Penal Law 85.10 – Commitment; notifications; warrants

sealing criminal records

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.