2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 430 - Sentences of Imprisonment › 430.20 - Commitment of Defendant.

§ 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, 2025
* 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, 2025
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, 2025
* 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, 2025
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.