§ 774 — Length of imprisonment and periodic review of proceedings

New York § 774

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 19: Contempts

Text

§ 774. Length of imprisonment and periodic review of proceedings. 1.\nWhere the misconduct proved consists of an omission to perform an act or\nduty, which is yet in the power of the offender to perform, he shall be\nimprisoned only until he has performed it, and paid the fine imposed,\nbut if he shall perform the act or duty required to be performed, he\nshall not be imprisoned for the fine imposed more than three months if\nthe fine is less than five hundred dollars, or more than six months if\nthe fine is five hundred dollars or more. In such case, the order, and\nthe warrant of commitment, if one is issued, must specify the act or\nduty to be performed, and the sum to be paid. In every other case, where\nspecial provision is not otherwise made by law, the offender may be\nimprisoned for a reasonable time, not exceeding six months, and until\nthe fine, if any, is paid; and the order, and the warrant of commitment,\nif any, must specify the amount of the fine, and the duration of the\nimprisonment. If the term of imprisonment is not specified in the order,\nthe offender shall be imprisoned for the fine imposed three months if\nthe fine is less than five hundred dollars, and six months if the fine\nimposed is five hundred dollars or more. If the offender is required to\nserve a specified term of imprisonment, and in addition to pay a fine,\nhe shall not be imprisoned for the nonpayment of such fine for more than\nthree months if such fine is less than five hundred dollars or more than\nsix months if the fine imposed is five hundred dollars or more in\naddition to the specified time of imprisonment.\n 2. In all instances where any offender shall have been imprisoned\npursuant to article nineteen of the judiciary law and where the term of\nsuch imprisonment is specified to be an indeterminate period of time or\nfor a term of more than three months, such offender, if not then\ndischarged by law from imprisonment, shall within ninety days after the\ncommencement of such imprisonment be brought, by the sheriff, or other\nofficer, as a matter of course personally before the court imposing such\nimprisonment and a review of the proceedings shall then be held to\ndetermine whether such offender shall be discharged from imprisonment.\nAt periodic intervals of not more than ninety days following such\nreview, the offender, if not then discharged by law from imprisonment,\nshall be brought, by the sheriff, or other officer, as a matter of\ncourse personally before the court imposing such imprisonment and\nfurther reviews of the proceedings shall then be held to determine\nwhether such offender shall be discharged from imprisonment. Where such\nimprisonment shall have arisen out of or during the course of any action\nor proceeding, the clerk of the court before which such review of the\nproceedings shall be held, or the judge or justice of such court in case\nthere be no clerk, shall give reasonable notice in writing of the date,\ntime and place of each such review to each party or his attorney who\nshall have appeared of record in such action or proceeding, at their\nlast known address.\n