Legislation
SECTION 410.60
Appearance before court
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE L, ARTICLE 410
§ 410.60 Appearance before court.
A person who has been taken into custody pursuant to section 410.40 or
section 410.50 of this article for violation of a condition of a
sentence of probation or a sentence of conditional discharge must
forthwith be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit such person to the custody of the sheriff, fix
bail, release such person under non-monetary conditions or release such
person on such person's own recognizance for future appearance at a
hearing to be held in accordance with section 410.70 of this article. If
the court does not have reasonable cause to believe that such person has
violated a condition of the sentence, it must direct that such person be
released.
A person who has been taken into custody pursuant to section 410.40 or
section 410.50 of this article for violation of a condition of a
sentence of probation or a sentence of conditional discharge must
forthwith be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit such person to the custody of the sheriff, fix
bail, release such person under non-monetary conditions or release such
person on such person's own recognizance for future appearance at a
hearing to be held in accordance with section 410.70 of this article. If
the court does not have reasonable cause to believe that such person has
violated a condition of the sentence, it must direct that such person be
released.