Commitment of defendant

§ 430.20 Commitment of defendant.\n 1. In general. When a sentence of imprisonment is pronounced, or when\nth sentence consists of a fine and the court has directed that the\ndefendant be imprisoned until it is satisfied, the defendant must\nforthwith be committed to the custody of the appropriate public servant\nand detained until the sentence is complied with.\n * 2. Indeterminate and determinate sentences. In the case of an\nindeterminate or determinate sentence of imprisonment, commitment must\nbe to the custody of the state department of corrections and community\nsupervision as provided in subdivision one of section 70.20 of the penal\nlaw. The order of commitment must direct that the defendant be delivered\nto an institution designated by the commissioner of corrections and\ncommunity supervision in accordance with the provisions of the\ncorrection law.\n * NB Effective until September 1, 2027\n * 2. Indeterminate sentences. In the case of an indeterminate sentence\nof imprisonment, commitment must be to the custody of the state\ndepartment of corrections and community supervision as provided in\nsubdivision one of section 70.20 of the penal law. The order of\ncommitment must direct that the defendant be delivered to an institution\ndesignated by the commissioner of corrections and community supervision\nin accordance with the provisions of the correction law.\n * NB Effective September 1, 2027\n 3. Definite and intermittent sentences. In the case of a definite or\nintermittent sentence of imprisonment, commitment must be as follows:\n (a) In counties contained within New York City or in any county that\nhas a county department of correction, commitment must be to the custody\nof the department of correction of such city or county;\n (b) In any other case, commitment must be to the county jail,\nworkhouse or penitentiary, or to a penitentiary outside the county and\nthe order of commitment must specify the institution to which the\ndefendant is to be delivered.\n * 4. Certain resentences. When a sentence of imprisonment that has\nbeen imposed on a defendant is vacated and a new sentence is imposed on\nsuch defendant for the same offense, or for an offense based upon the\nsame act, if the term of the new definite or determinate sentence or the\nmaximum term of the new indeterminate sentence so imposed is less than\nor equal to that of the vacated sentence:\n (a) where the time served by the defendant on the vacated sentence is\nequal to or greater than the term or maximum term of the new sentence,\nthe new sentence shall be deemed to be served in its entirety and the\ndefendant shall not be committed to a correctional facility pursuant to\nsaid sentence; and\n (b) where the defendant was under the supervision of a local\nconditional release commission or the department of corrections and\ncommunity supervision at the time the sentence was vacated, then the\ncommitment shall direct that said conditional release or parole be\nrecommenced, and the defendant shall not be committed to a correctional\nfacility pursuant to said sentence, except as a result of revocation of\nparole or of conditional release; and\n (c) where the defendant was not under the supervision of the\ndepartment of corrections and community supervision at the time the\nindeterminate or determinate sentence was vacated, but would immediately\nbe eligible for conditional release from the new indeterminate or\ndeterminate sentence, the court shall ascertain from the department of\ncorrections and community supervision whether the defendant has earned a\nsufficient amount of good time under the vacated sentence so as to\nrequire the conditional release of the defendant under the new sentence;\nin the event the defendant has earned a sufficient amount of good time,\nthe court shall stay execution of sentence until the defendant\nsurrenders at a correctional facility pursuant to the direction of the\ndepartment of corrections and community supervision, which shall occur\nno later than sixty days after imposition of sentence; upon said stay of\nexecution, the court clerk shall immediately mail to the commissioner of\ncorrections and community supervision a certified copy of the commitment\nreflecting said stay of execution and the name, mailing address and\ntelephone number of the defendant's legal representative; in the event\nthe defendant fails to surrender as directed by the department of\ncorrections and community supervision, the department shall notify the\ncourt which shall thereafter remand the defendant to custody pursuant to\nsection 430.30 of this article; and\n (d) upon the resentence of a defendant as described in this\nsubdivision, the court clerk shall immediately mail a certified copy of\nthe commitment to the commissioner of corrections and community\nsupervision if the vacated sentence or the new sentence is an\nindeterminate or determinate sentence and no mailing is required by\nparagraph (c) of this subdivision; additionally, the court clerk shall\nimmediately mail a certified copy of the new commitment to the head of\nthe appropriate local correctional facility if the vacated sentence or\nthe new sentence is a definite sentence.\n * NB Effective until September 1, 2027\n * 4. Certain resentences. When a sentence of imprisonment that has\nbeen imposed on a defendant is vacated and a new sentence is imposed on\nsuch defendant for the same offense, or for an offense based upon the\nsame act, if the term of the new definite sentence or the maximum term\nof the new indeterminate sentence so imposed is less than or equal to\nthat of the vacated sentence:\n (a) where the time served by the defendant on the vacated sentence is\nequal to or greater than the term or maximum term of the new sentence,\nthe new sentence shall be deemed to be served in its entirety and the\ndefendant shall not be committed to a correctional facility pursuant to\nsaid sentence; and\n (b) where the defendant was under the supervision of a local\nconditional release commission or the department of corrections and\ncommunity supervision at the time the sentence was vacated, then the\ncommitment shall direct that said conditional release or parole be\nrecommenced, and the defendant shall not be committed to a correctional\nfacility pursuant to said sentence, except as a result of revocation of\nparole or of conditional release; and\n (c) where the defendant was not under the supervision of the\ndepartment of corrections and community supervision at the time the\nindeterminate sentence was vacated, but would immediately be eligible\nfor conditional release from the new indeterminate sentence, the court\nshall ascertain from the department of corrections and community\nsupervision whether the defendant has earned a sufficient amount of good\ntime under the vacated sentence so as to require the conditional release\nof the defendant under the new sentence; in the event the defendant has\nearned a sufficient amount of good time, the court shall stay execution\nof sentence until the defendant surrenders at a correctional facility\npursuant to the direction of the department of corrections and community\nsupervision, which shall occur no later than sixty days after imposition\nof sentence; upon said stay of execution, the court clerk shall\nimmediately mail to the commissioner of corrections and community\nsupervision a certified copy of the commitment reflecting said stay of\nexecution and the name, mailing address and telephone number of the\ndefendant's legal representative; in the event the defendant fails to\nsurrender as directed by the department of corrections and community\nsupervision, the department shall notify the court which shall\nthereafter remand the defendant to custody pursuant to section 430.30 of\nthis article; and\n (d) upon the resentence of a defendant as described in this\nsubdivision, the court clerk shall immediately mail a certified copy of\nthe commitment to the commissioner of corrections and community\nsupervision if the vacated sentence or the new sentence is an\nindeterminate sentence and no mailing is required by paragraph (c) of\nthis subdivision; additionally, the court clerk shall immediately mail a\ncertified copy of the new commitment to the head of the appropriate\nlocal correctional facility if the vacated sentence or the new sentence\nis a definite sentence.\n * NB Effective September 1, 2027\n 5. Commitment for failure to pay fine. Where the sentence consists of\na fine and the court has directed that the defendant be imprisoned until\nit is satisfied, commitment must be as follows:\n (a) If the sentence also includes a term of imprisonment, commitment\nmust be to the same institution as is designated for service of the term\nof imprisonment, and the period of commitment commences (i) when the\nterm of imprisonment is satisfied, or (ii) with the approval of the\nstate board of parole, when the defendant becomes eligible for parole,\nor (iii) when the defendant becomes eligible for conditional release,\nwhichever occurs first; provided, however, that the court may direct\nthat the period of imprisonment for the fine run concurrently with the\nterm of imprisonment; and\n (b) In any other case, commitment must be to the agency or institution\nthat would be designated in the case of a definite sentence.\n