§ 85.05 Modification and revocation of sentences of
intermittent imprisonment.
1. Authorization. A sentence of intermittent imprisonment
may be modified by the court in its discretion upon application
of the defendant; and the court on its own motion may modify or
revoke any such sentence if:
(a) the court is satisfied during the term of the sentence
that the defendant has committed another offense during such
term;
(b) the defendant has failed to report to the institution to
which he has been committed, or to the institution designated by
the head of the agency to which he has been committed, on a day
or dates specified in the commitment and is unable or unwilling
to furnish a reasonable and acceptable explanation for such
failure; or
(c) the defendant has violated a rule or regulation of the
institution or agency to which he has been committed and the head
of such institution or agency or someone delegated by him has
reported such violation in writing to the court.
2. Interruption of sentence. In any case where the
defendant fails to report to the institution or to an institution
of the agency to which he has been committed, the term of the
sentence shall be interrupted and such interruption shall
continue until the defendant either reports to such institution
or appears before the court that imposed the sentence, whichever
occurs first. If the defendant reports to the institution before
he appears before the court, he shall be brought before the
court.
3. Action by court. The court shall not modify or revoke a
sentence of intermittent imprisonment unless the defendant has
been afforded an opportunity to be heard. Any modification of a
sentence of intermittent imprisonment:
(a) may provide (i) for different or additional or fewer
days or parts of days on which the defendant is to be confined,
or (ii) where the defendant has failed to report as specified in
the sentence, an extension of the term of the sentence for the
period during which it was interrupted, or (iii) for both; and
(b) shall be by written order of the court and shall be
delivered and filed in the same manner as the original sentence,
as specified in subdivision two of section 85.10 of this article.
4. Jail time. Where a sentence of intermittent imprisonment
is revoked and a sentence of imprisonment is imposed in its place
for the same offense, time spent in confinement under the
sentence of intermittent imprisonment shall be calculated as jail
time under subdivision three of section 70.30 of this chapter and
shall be added to any jail time accrued against such sentence
prior to imposition thereof.
NYSentencing