2006 New York Code - Sentence Of Intermittent Imprisonment.



 
  § 85.00 Sentence of intermittent imprisonment.
    1.  Definition. A sentence of intermittent imprisonment is a revocable
  sentence of imprisonment to be served on days or during certain  periods
  of  days,  or  both,  specified  by the court as part of the sentence. A
  person who receives a sentence of  intermittent  imprisonment  shall  be
  incarcerated  in  the institution to which he is committed at such times
  as are specified by the court in the sentence.
    2. Authorization for use of sentence. The court may impose a  sentence
  of intermittent imprisonment in any case where:
    (a)  the court is imposing sentence, upon a person other than a second
  or persistent felony offender, for a class D or class E  felony  or  for
  any offense that is not a felony; and
    (b)  the court is not imposing any other sentence of imprisonment upon
  the defendant at the same time; and
    (c) the defendant is not under any other sentence of imprisonment with
  a term in excess of fifteen days imposed by any other court; and
    3. Duration of sentence. A sentence of intermittent  imprisonment  may
  be  for  any  term  that  could  be  imposed  as  a definite sentence of
  imprisonment for the offense for which such  sentence  is  imposed.  The
  term  of  the sentence shall commence on the day it is imposed and shall
  be calculated upon the basis of the duration of its  term,  rather  than
  upon the basis of the days spent in confinement, so that no person shall
  be  subject  to  any  such  sentence  for a period that is longer than a
  period that commences on the date the sentence is imposed  and  ends  on
  the date the term of the longest definite sentence for the offense would
  have expired, after deducting the credit that would have been applicable
  to  a  definite  sentence for jail time but without regard to any credit
  authorized to be allowed against the term of  a  definite  sentence  for
  good   behavior.  The  provisions  of  section  five  hundred-l  of  the
  correction law shall not be applicable to  a  sentence  of  intermittent
  imprisonment.
    4.  Imposition  of  sentence. (a) When the court imposes a sentence of
  intermittent imprisonment the court shall specify in the sentence:
    (i)  that  the  court  is  imposing   a   sentence   of   intermittent
  imprisonment;
    (ii) the term of such sentence;
    (iii) the days or parts of days on which the sentence is to be served,
  but  except as provided in paragraph (iv) hereof such specification need
  not include the dates on which such days fall; and
    (iv) the first and  last  dates  on  which  the  defendant  is  to  be
  incarcerated under the sentence.
    (b) The court, in its discretion, may specify any day or days or parts
  thereof  on  which  the  defendant  shall  be confined and may specify a
  period to commence at the commencement of the sentence and not to exceed
  fifteen days during which the defendant is to be continuously confined.

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