New York statute
N.Y. Penal Law § 85.10 — Commitment; notifications; warrants
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 85: Sentence of Intermittent Imprisonment, New York Penal Law.
Full text of N.Y. Penal Law § 85.10
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.
85.10 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.
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Legal terms used in this section
This reference is informational and is not legal advice.