Section 430.20. Commitment of defendant  


Latest version.
  • 1.  In general. When a sentence of imprisonment is pronounced, or when
      th sentence consists of a fine and  the  court  has  directed  that  the
      defendant  be  imprisoned  until  it  is  satisfied,  the defendant must
      forthwith be committed to the custody of the appropriate public  servant
      and detained until the sentence is complied with.
        * 2.  Indeterminate  and  determinate  sentences.  In  the  case of an
      indeterminate or determinate sentence of imprisonment,  commitment  must
      be  to  the  custody of the state department of correctional services as
      provided in subdivision one of section 70.20 of the penal law. The order
      of commitment  must  direct  that  the  defendant  be  delivered  to  an
      institution  designated  by the commissioner of correctional services in
      accordance with the provisions of the correction law.
        * NB Effective until September 1, 2011
        * 2. Indeterminate and  reformatory  sentences.  In  the  case  of  an
      indeterminate  or  reformatory sentence of imprisonment, commitment must
      be to the custody of the state department of  correctional  services  as
      provided  in  subdivision  one of section 70.20 and section 75.05 of the
      penal law. The order of commitment must direct  that  the  defendant  be
      delivered   to   an   institution  designated  by  the  commissioner  of
      correctional  services  in  accordance  with  the  provisions   of   the
      correction law.
        * NB Effective September 1, 2011
        3.  Definite  and intermittent sentences. In the case of a definite or
      intermittent sentence of imprisonment, commitment must be as follows:
        (a) In counties contained within New York City or in any  county  that
      has a county department of correction, commitment must be to the custody
      of the department of correction of such city or county;
        (b)  In  any  other  case,  commitment  must  be  to  the county jail,
      workhouse or penitentiary, or to a penitentiary outside the  county  and
      the  order  of  commitment  must  specify  the  institution to which the
      defendant is to be delivered.
        * 4. Certain resentences. When a sentence  of  imprisonment  that  has
      been  imposed on a defendant is vacated and a new sentence is imposed on
      such defendant for the same offense, or for an offense  based  upon  the
      same act, if the term of the new definite or determinate sentence or the
      maximum  term  of the new indeterminate sentence so imposed is less than
      or equal to that of the vacated sentence:
        (a) where the time served by the defendant on the vacated sentence  is
      equal  to  or greater than the term or maximum term of the new sentence,
      the new sentence shall be deemed to be served in its  entirety  and  the
      defendant  shall not be committed to a correctional facility pursuant to
      said sentence; and
        (b)  where  the  defendant  was  under  the  supervision  of  a  local
      conditional release commission or the division of parole at the time the
      sentence  was  vacated,  then  the  commitment  shall  direct  that said
      conditional release or parole be recommenced, and  the  defendant  shall
      not  be  committed to a correctional facility pursuant to said sentence,
      except as a result of revocation of parole or  of  conditional  release;
      and
        (c)  where the defendant was not under the supervision of the division
      of parole at the time the  indeterminate  or  determinate  sentence  was
      vacated,  but would immediately be eligible for conditional release from
      the new indeterminate or determinate sentence, the court shall ascertain
      from the department of correctional services whether the  defendant  has
      earned a sufficient amount of good time under the vacated sentence so as
      to  require  the  conditional  release  of  the  defendant under the new
      sentence; in the event the defendant has earned a sufficient  amount  of
    
      good  time,  the  court  shall  stay  execution  of  sentence  until the
      defendant  surrenders  at  a  correctional  facility  pursuant  to   the
      direction  of the department of correctional services, which shall occur
      no later than sixty days after imposition of sentence; upon said stay of
      execution, the court clerk shall immediately mail to the commissioner of
      correctional services a certified copy of the commitment reflecting said
      stay  of execution and the name, mailing address and telephone number of
      the defendant's legal representative; in the event the  defendant  fails
      to surrender as directed by the department of correctional services, the
      department  shall  notify  the  court  which shall thereafter remand the
      defendant to custody pursuant to section 430.30 of this article; and
        (d)  upon  the  resentence  of  a  defendant  as  described  in   this
      subdivision,  the court clerk shall immediately mail a certified copy of
      the commitment to the  commissioner  of  correctional  services  if  the
      vacated  sentence or the new sentence is an indeterminate or determinate
      sentence  and  no  mailing  is  required  by  paragraph  (c)   of   this
      subdivision;  additionally,  the  court  clerk  shall immediately mail a
      certified copy of the new commitment to  the  head  of  the  appropriate
      local  correctional facility if the vacated sentence or the new sentence
      is a definite sentence.
        * NB Effective until September 1, 2011
        * 4. Certain resentences. When a sentence  of  imprisonment  that  has
      been  imposed on a defendant is vacated and a new sentence is imposed on
      such defendant for the same offense, or for an offense  based  upon  the
      same  act,  if the term of the new definite sentence or the maximum term
      of the new indeterminate sentence so imposed is less than  or  equal  to
      that of the vacated sentence:
        (a)  where the time served by the defendant on the vacated sentence is
      equal to or greater than the term or maximum term of the  new  sentence,
      the  new  sentence  shall be deemed to be served in its entirety and the
      defendant shall not be committed to a correctional facility pursuant  to
      said sentence; and
        (b)  where  the  defendant  was  under  the  supervision  of  a  local
      conditional release commission or the division of parole at the time the
      sentence was  vacated,  then  the  commitment  shall  direct  that  said
      conditional  release  or  parole be recommenced, and the defendant shall
      not be committed to a correctional facility pursuant to  said  sentence,
      except  as  a  result of revocation of parole or of conditional release;
      and
        (c) where the defendant was not under the supervision of the  division
      of  parole at the time the indeterminate sentence was vacated, but would
      immediately  be  eligible  for  conditional   release   from   the   new
      indeterminate sentence, the court shall ascertain from the department of
      correctional  services  whether  the  defendant  has earned a sufficient
      amount of good time under the vacated sentence  so  as  to  require  the
      conditional  release  of  the  defendant  under the new sentence; in the
      event the defendant has earned a sufficient amount  of  good  time,  the
      court shall stay execution of sentence until the defendant surrenders at
      a  correctional  facility pursuant to the direction of the department of
      correctional services, which shall occur no later than sixty days  after
      imposition  of  sentence;  upon  said stay of execution, the court clerk
      shall immediately mail to the commissioner of  correctional  services  a
      certified  copy  of the commitment reflecting said stay of execution and
      the name, mailing address and telephone number of the defendant's  legal
      representative;  in  the  event  the  defendant  fails  to  surrender as
      directed by the department  of  correctional  services,  the  department
      shall  notify  the  court which shall thereafter remand the defendant to
      custody pursuant to section 430.30 of this article; and
    
        (d)  upon  the  resentence  of  a  defendant  as  described  in   this
      subdivision,  the court clerk shall immediately mail a certified copy of
      the commitment to the  commissioner  of  correctional  services  if  the
      vacated sentence or the new sentence is an indeterminate sentence and no
      mailing  is required by paragraph (c) of this subdivision; additionally,
      the court clerk shall immediately mail  a  certified  copy  of  the  new
      commitment to the head of the appropriate local correctional facility if
      the vacated sentence or the new sentence is a definite sentence.
        * NB Effective September 1, 2011
        5.  Commitment for failure to pay fine. Where the sentence consists of
      a fine and the court has directed that the defendant be imprisoned until
      it is satisfied, commitment must be as follows:
        (a) If the sentence also includes a term of  imprisonment,  commitment
      must be to the same institution as is designated for service of the term
      of  imprisonment,  and  the  period of commitment commences (i) when the
      term of imprisonment is satisfied, or (ii)  with  the  approval  of  the
      state  board  of parole, when the defendant becomes eligible for parole,
      or (iii) when the defendant becomes eligible  for  conditional  release,
      whichever  occurs  first;  provided,  however, that the court may direct
      that the period of imprisonment for the fine run concurrently  with  the
      term of imprisonment; and
        (b) In any other case, commitment must be to the agency or institution
      that would be designated in the case of a definite sentence.