§ 130.58 — Execution of confinement

New York § 130.58

• Jurisdiction: New York
• Law MIL: Military
• Part 8: Sentences
• Art. 7: Code of Military Justice

Text

§ 130.58. Execution of confinement. (a) Any sentence or punishment of\nconfinement adjudged by a military court, whether or not such sentence\nor punishment includes discharge or dismissal, and whether or not such\ndischarge or dismissal has been executed, may be carried into execution\nby confinement in any place of confinement under the control of any of\nthe forces of the organized militia, or in any jail, penitentiary or\nprison designated for that purpose as prescribed in section 130.11 of\nthis code; and persons so confined in such a jail, penitentiary or\nprison shall be subject to the same discipline and treatment as persons\nconfined or committed to such jail, penitentiary or prison by the courts\nof the state or of any political subdivision thereof.\n (b) The omission of the words "hard labor" in any sentence or\npunishment of a court-martial adjudging confinement shall not be\nconstrued as depriving the authority executing such sentence or\npunishment of the power to require hard labor as a part of the\npunishment.\n (c) The keepers, officers and wardens of all city or county jails and\nof all other jails, penitentiaries or prisons designated by the governor\nor by the adjutant general pursuant to section 130.11 of this chapter\nshall receive the bodies of persons ordered into confinement prior to\ntrial and of persons committed to confinement by the process or mandate\nof a military court and shall confine them according to law, and no such\nkeeper, officer or warden shall demand or require payment of any fee or\ncharge of any nature for receiving or confining a person in such jail,\npenitentiary or prison.\n