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This entry was published on 2014-09-22
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SECTION 774
Length of imprisonment and periodic review of proceedings
Judiciary (JUD) CHAPTER 30, ARTICLE 19
§ 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.