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Article 430 - NY Criminal Procedure Law

• NY Laws ›
• CPL ›
• Part 2 ›
• Title L ›
• Article 430

S 430.10 Sentence of imprisonment not to be changed after commencement.
  Except as otherwise specifically authorized by law, when the court has
imposed a sentence of imprisonment and such sentence is in accordance
with law, such sentence may not be changed, suspended or interrupted
once the term or period of the sentence has commenced.

S 430.20 Commitment of defendant.
  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 corrections and community
  supervision 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  corrections  and
  community   supervision   in  accordance  with  the  provisions  of  the
  correction law.
    * NB Effective until September 1, 2019
    * 2. Indeterminate sentences. In the case of an indeterminate sentence
  of imprisonment,  commitment  must  be  to  the  custody  of  the  state
  department  of  corrections  and  community  supervision  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 corrections and community supervision
  in accordance with the provisions of the correction law.
    * NB Effective September 1, 2019
    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  department  of  corrections  and
  community  supervision  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
  department of corrections and community  supervision  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
  corrections and community supervision 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  corrections and community supervision, 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
  corrections and community supervision 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
  corrections  and  community supervision, 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  corrections  and   community
  supervision   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, 2019
    * 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  department  of  corrections  and
  community  supervision  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
  department of corrections and community  supervision  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  corrections  and  community
  supervision 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 corrections and community
  supervision, 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  corrections  and  community
  supervision  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  corrections  and  community
  supervision,   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  corrections  and  community
  supervision  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, 2019
    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.

S 430.30 Duty to deliver defendant.
  In counties contained within New York City and in counties that have a
commissioner of correction who is responsible for detention of
defendants in criminal actions, it is the duty of the commissioner of
correction of such city or county to deliver the defendant forthwith to
the proper institution in accordance with the commitment.  In all other
counties it is the duty of the sheriff to deliver the defendant
forthwith to the proper institution in accordance with the commitment.

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