Specification of conditions of the sentence
§ 410.10 Specification of conditions of the sentence.
1. When the court pronounces a sentence of probation or of conditional discharge it must specify as part of the sentence the conditions to be complied with. Where the sentence is one of probation, the defendant must be given a written copy of the conditions at the time sentence is imposed. In any case where the defendant is given a written copy of the conditions, a copy thereof must be filed with and become part of the record of the case, and it is not necessary to specify the conditions orally.
2. Commission of an additional offense, other than a traffic infraction, after imposition of a sentence of probation or of conditional discharge, and prior to expiration or termination of the period of the sentence, constitutes a ground for revocation of such sentence irrespective of whether such fact is specified as a condition of the sentence.
3. When the court pronounces a sentence of probation or conditional discharge for a specified crime defined in paragraph (e) of subdivision one of section six hundred thirty-two-a of the executive law, in addition to specifying the conditions of the sentence, the court shall provide written notice to such defendant concerning any requirement to report to the office of victim services funds of a convicted person as defined in section six hundred thirty-two-a of the executive law, the procedures for such reporting and any potential penalty for a failure to comply.
4. When the court pronounces a sentence of probation or conditional discharge, the court shall provide that the performance of bona fide work for an employer, including travel time to and from bona fide work, regardless if such work or related travel time is performed during curfew times set by conditions of probation, parole, presumptive release, conditional release, release to post-release supervision or any other type of supervised release, shall not be considered a violation of such sentence of probation or conditional discharge. For purposes of this section, bona fide work is work performed as an employee for an employer, as defined in section two of the labor law.
When the court imposes probation or a conditional discharge, it must specify the conditions as part of the sentence.
1. For probation, the defendant gets a written copy of the conditions at sentencing. ★ If given in writing, a copy is filed and becomes part of the record, and the conditions need not be stated aloud.
2. Committing an additional offense (other than a traffic infraction) during the sentence is a ground for revocation — even if it wasn't listed as a condition. ★
3. For certain "Son of Sam" crimes (Exec. Law § 632-a(1)(e)), the court also gives written notice about reporting funds to the Office of Victim Services.
4. Bona fide work for an employer (including travel to/from it) is not a violation, even during curfew hours.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.