New York statute
N.Y. Criminal Procedure Law § 410.50 — Custody and supervision of probationers
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 410: Sentences of Probation, Conditional Discharge and Parole Supervision, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 410.50
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
410.50 Custody and supervision of probationers.
1. Custody. A person who is under a sentence of probation is in the
legal custody of the court that imposed it pending expiration or
termination of the period of the sentence.
2. Supervision. The probation department serving the court that
imposed a sentence of probation has the duty of supervising the
defendant during the period of such legal custody.
3. Search order. If at any time during the period of probation the
court has reasonable cause to believe that the defendant has violated a
condition of the sentence, it may issue a search order. Such order must
be directed to a probation officer and may authorize such officer to
search the person of the defendant and/or any premises in which he
resides or any real or personal property which he owns or which is in
his possession.
4. Taking custody without warrant. When a probation officer has
reasonable cause to believe that a person under his supervision pursuant
to a sentence of probation has violated a condition of the sentence,
such officer may, without a warrant, take the probationer into custody
and search his person.
5. Assistance by police officer. In executing a search order, or in
taking a person into custody, pursuant to this section, a probation
officer may be assisted by a police officer.
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This reference is informational and is not legal advice.