Legislation
SECTION 410.10
Specification of conditions of the sentence
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE L, ARTICLE 410
§ 410.10 Specification of conditions of the sentence.
1. When the court pronounces a sentence of probation or of conditional
discharge it must specify as part of the sentence the conditions to be
complied with. Where the sentence is one of probation, the defendant
must be given a written copy of the conditions at the time sentence is
imposed. In any case where the defendant is given a written copy of the
conditions, a copy thereof must be filed with and become part of the
record of the case, and it is not necessary to specify the conditions
orally.
2. Commission of an additional offense, other than a traffic
infraction, after imposition of a sentence of probation or of
conditional discharge, and prior to expiration or termination of the
period of the sentence, constitutes a ground for revocation of such
sentence irrespective of whether such fact is specified as a condition
of the sentence.
3. When the court pronounces a sentence of probation or conditional
discharge for a specified crime defined in paragraph (e) of subdivision
one of section six hundred thirty-two-a of the executive law, in
addition to specifying the conditions of the sentence, the court shall
provide written notice to such defendant concerning any requirement to
report to the office of victim services funds of a convicted person as
defined in section six hundred thirty-two-a of the executive law, the
procedures for such reporting and any potential penalty for a failure to
comply.
4. When the court pronounces a sentence of probation or conditional
discharge, the court shall provide that the performance of bona fide
work for an employer, including travel time to and from bona fide work,
regardless if such work or related travel time is performed during
curfew times set by conditions of probation, parole, presumptive
release, conditional release, release to post-release supervision or any
other type of supervised release, shall not be considered a violation of
such sentence of probation or conditional discharge. For purposes of
this section, bona fide work is work performed as an employee for an
employer, as defined in section two of the labor law.
1. When the court pronounces a sentence of probation or of conditional
discharge it must specify as part of the sentence the conditions to be
complied with. Where the sentence is one of probation, the defendant
must be given a written copy of the conditions at the time sentence is
imposed. In any case where the defendant is given a written copy of the
conditions, a copy thereof must be filed with and become part of the
record of the case, and it is not necessary to specify the conditions
orally.
2. Commission of an additional offense, other than a traffic
infraction, after imposition of a sentence of probation or of
conditional discharge, and prior to expiration or termination of the
period of the sentence, constitutes a ground for revocation of such
sentence irrespective of whether such fact is specified as a condition
of the sentence.
3. When the court pronounces a sentence of probation or conditional
discharge for a specified crime defined in paragraph (e) of subdivision
one of section six hundred thirty-two-a of the executive law, in
addition to specifying the conditions of the sentence, the court shall
provide written notice to such defendant concerning any requirement to
report to the office of victim services funds of a convicted person as
defined in section six hundred thirty-two-a of the executive law, the
procedures for such reporting and any potential penalty for a failure to
comply.
4. When the court pronounces a sentence of probation or conditional
discharge, the court shall provide that the performance of bona fide
work for an employer, including travel time to and from bona fide work,
regardless if such work or related travel time is performed during
curfew times set by conditions of probation, parole, presumptive
release, conditional release, release to post-release supervision or any
other type of supervised release, shall not be considered a violation of
such sentence of probation or conditional discharge. For purposes of
this section, bona fide work is work performed as an employee for an
employer, as defined in section two of the labor law.