Section 410.40. Notice to appear, warrant  


Latest version.
  • 1. Notice to appear. The court may at any time order that a person who
      is  under  a  sentence  of  probation or of conditional discharge appear
      before it. Such order may be in the form of a written notice, specifying
      the time and place of appearance, mailed to or  served  personally  upon
      the  defendant as the court may direct. When the order is in the form of
      such a notice, failure to appear as  ordered  without  reasonable  cause
      therefor  constitutes  a  violation  of  the  conditions of the sentence
      irrespective of whether such requirement is  specified  as  a  condition
      thereof.
        2.  Warrant.  If  at  any  time  during  the  period  of a sentence of
      probation or of conditional discharge the court has  reasonable  grounds
      to  believe that the defendant has violated a condition of the sentence,
      the court may issue a warrant to a police officer or to  an  appropriate
      peace  officer  directing  him or her to take the defendant into custody
      and bring the defendant before  the  court  without  unnecessary  delay;
      provided,  however, if the court in which the warrant is returnable is a
      superior court, and such court is not  available,  and  the  warrant  is
      addressed to a police officer or appropriate probation officer certified
      as  a  peace  officer, such executing officer may bring the defendant to
      the local correctional facility of the county in which such court  sits,
      to  be  detained there until not later than the commencement of the next
      session of such court occurring on the next  business  day;  or  if  the
      court  in which the warrant is returnable is a local criminal court, and
      such court is not available, and the warrant is addressed  to  a  police
      officer  or  appropriate probation officer certified as a peace officer,
      such  executing  officer  must  without  unnecessary  delay  bring   the
      defendant  before  an  alternate  local  criminal  court, as provided in
      subdivision five of section 120.90. A court which issues such a  warrant
      may  attach  thereto a summary of the basis for the warrant. In any case
      where a defendant arrested upon the warrant is brought  before  a  local
      criminal  court other than the court in which the warrant is returnable,
      such local criminal court shall consider such summary before  issuing  a
      securing order with respect to the defendant.
        * NB Effective until November 1, 2009