State Codes and Statutes

Statutes > New-york > Jud > Article-19 > 774

§  774. Length of imprisonment and periodic review of proceedings.  1.  Where the misconduct proved consists of an omission to perform an act or  duty, which is yet in the power of the offender to perform, he shall  be  imprisoned  only  until  he has performed it, and paid the fine imposed,  but if he shall perform the act or duty required  to  be  performed,  he  shall  not  be imprisoned for the fine imposed more than three months if  the fine is less than five hundred dollars, or more than six  months  if  the  fine  is five hundred dollars or more. In such case, the order, and  the warrant of commitment, if one is issued, must  specify  the  act  or  duty to be performed, and the sum to be paid. In every other case, where  special  provision  is  not  otherwise  made by law, the offender may be  imprisoned for a reasonable time, not exceeding six  months,  and  until  the fine, if any, is paid; and the order, and the warrant of commitment,  if  any,  must  specify  the amount of the fine, and the duration of the  imprisonment. If the term of imprisonment is not specified in the order,  the offender shall be imprisoned for the fine imposed  three  months  if  the  fine  is less than five hundred dollars, and six months if the fine  imposed is five hundred dollars or more. If the offender is required  to  serve  a  specified term of imprisonment, and in addition to pay a fine,  he shall not be imprisoned for the nonpayment of such fine for more than  three months if such fine is less than five hundred dollars or more than  six months if the fine imposed  is  five  hundred  dollars  or  more  in  addition to the specified time of imprisonment.    2.  In  all  instances  where  any offender shall have been imprisoned  pursuant to article nineteen of the judiciary law and where the term  of  such  imprisonment is specified to be an indeterminate period of time or  for a term of more  than  three  months,  such  offender,  if  not  then  discharged  by law from imprisonment, shall within ninety days after the  commencement of such imprisonment be brought, by the sheriff,  or  other  officer, as a matter of course personally before the court imposing such  imprisonment  and  a  review  of  the  proceedings shall then be held to  determine whether such offender shall be discharged  from  imprisonment.  At  periodic  intervals  of  not  more  than  ninety days following such  review, the offender, if not then discharged by law  from  imprisonment,  shall  be  brought,  by  the  sheriff,  or other officer, as a matter of  course personally  before  the  court  imposing  such  imprisonment  and  further  reviews  of  the  proceedings  shall  then be held to determine  whether such offender shall be discharged from imprisonment. Where  such  imprisonment shall have arisen out of or during the course of any action  or  proceeding,  the  clerk of the court before which such review of the  proceedings shall be held, or the judge or justice of such court in case  there be no clerk, shall give reasonable notice in writing of the  date,  time  and  place  of  each such review to each party or his attorney who  shall have appeared of record in such action  or  proceeding,  at  their  last known address.

State Codes and Statutes

Statutes > New-york > Jud > Article-19 > 774

§  774. Length of imprisonment and periodic review of proceedings.  1.  Where the misconduct proved consists of an omission to perform an act or  duty, which is yet in the power of the offender to perform, he shall  be  imprisoned  only  until  he has performed it, and paid the fine imposed,  but if he shall perform the act or duty required  to  be  performed,  he  shall  not  be imprisoned for the fine imposed more than three months if  the fine is less than five hundred dollars, or more than six  months  if  the  fine  is five hundred dollars or more. In such case, the order, and  the warrant of commitment, if one is issued, must  specify  the  act  or  duty to be performed, and the sum to be paid. In every other case, where  special  provision  is  not  otherwise  made by law, the offender may be  imprisoned for a reasonable time, not exceeding six  months,  and  until  the fine, if any, is paid; and the order, and the warrant of commitment,  if  any,  must  specify  the amount of the fine, and the duration of the  imprisonment. If the term of imprisonment is not specified in the order,  the offender shall be imprisoned for the fine imposed  three  months  if  the  fine  is less than five hundred dollars, and six months if the fine  imposed is five hundred dollars or more. If the offender is required  to  serve  a  specified term of imprisonment, and in addition to pay a fine,  he shall not be imprisoned for the nonpayment of such fine for more than  three months if such fine is less than five hundred dollars or more than  six months if the fine imposed  is  five  hundred  dollars  or  more  in  addition to the specified time of imprisonment.    2.  In  all  instances  where  any offender shall have been imprisoned  pursuant to article nineteen of the judiciary law and where the term  of  such  imprisonment is specified to be an indeterminate period of time or  for a term of more  than  three  months,  such  offender,  if  not  then  discharged  by law from imprisonment, shall within ninety days after the  commencement of such imprisonment be brought, by the sheriff,  or  other  officer, as a matter of course personally before the court imposing such  imprisonment  and  a  review  of  the  proceedings shall then be held to  determine whether such offender shall be discharged  from  imprisonment.  At  periodic  intervals  of  not  more  than  ninety days following such  review, the offender, if not then discharged by law  from  imprisonment,  shall  be  brought,  by  the  sheriff,  or other officer, as a matter of  course personally  before  the  court  imposing  such  imprisonment  and  further  reviews  of  the  proceedings  shall  then be held to determine  whether such offender shall be discharged from imprisonment. Where  such  imprisonment shall have arisen out of or during the course of any action  or  proceeding,  the  clerk of the court before which such review of the  proceedings shall be held, or the judge or justice of such court in case  there be no clerk, shall give reasonable notice in writing of the  date,  time  and  place  of  each such review to each party or his attorney who  shall have appeared of record in such action  or  proceeding,  at  their  last known address.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Jud > Article-19 > 774

§  774. Length of imprisonment and periodic review of proceedings.  1.  Where the misconduct proved consists of an omission to perform an act or  duty, which is yet in the power of the offender to perform, he shall  be  imprisoned  only  until  he has performed it, and paid the fine imposed,  but if he shall perform the act or duty required  to  be  performed,  he  shall  not  be imprisoned for the fine imposed more than three months if  the fine is less than five hundred dollars, or more than six  months  if  the  fine  is five hundred dollars or more. In such case, the order, and  the warrant of commitment, if one is issued, must  specify  the  act  or  duty to be performed, and the sum to be paid. In every other case, where  special  provision  is  not  otherwise  made by law, the offender may be  imprisoned for a reasonable time, not exceeding six  months,  and  until  the fine, if any, is paid; and the order, and the warrant of commitment,  if  any,  must  specify  the amount of the fine, and the duration of the  imprisonment. If the term of imprisonment is not specified in the order,  the offender shall be imprisoned for the fine imposed  three  months  if  the  fine  is less than five hundred dollars, and six months if the fine  imposed is five hundred dollars or more. If the offender is required  to  serve  a  specified term of imprisonment, and in addition to pay a fine,  he shall not be imprisoned for the nonpayment of such fine for more than  three months if such fine is less than five hundred dollars or more than  six months if the fine imposed  is  five  hundred  dollars  or  more  in  addition to the specified time of imprisonment.    2.  In  all  instances  where  any offender shall have been imprisoned  pursuant to article nineteen of the judiciary law and where the term  of  such  imprisonment is specified to be an indeterminate period of time or  for a term of more  than  three  months,  such  offender,  if  not  then  discharged  by law from imprisonment, shall within ninety days after the  commencement of such imprisonment be brought, by the sheriff,  or  other  officer, as a matter of course personally before the court imposing such  imprisonment  and  a  review  of  the  proceedings shall then be held to  determine whether such offender shall be discharged  from  imprisonment.  At  periodic  intervals  of  not  more  than  ninety days following such  review, the offender, if not then discharged by law  from  imprisonment,  shall  be  brought,  by  the  sheriff,  or other officer, as a matter of  course personally  before  the  court  imposing  such  imprisonment  and  further  reviews  of  the  proceedings  shall  then be held to determine  whether such offender shall be discharged from imprisonment. Where  such  imprisonment shall have arisen out of or during the course of any action  or  proceeding,  the  clerk of the court before which such review of the  proceedings shall be held, or the judge or justice of such court in case  there be no clerk, shall give reasonable notice in writing of the  date,  time  and  place  of  each such review to each party or his attorney who  shall have appeared of record in such action  or  proceeding,  at  their  last known address.