CPL § 410.30

Declaration of delinquency

§ 410.30 Declaration of delinquency.

If at any time during the period of a sentence of probation or of conditional discharge the court has reasonable cause to believe that the defendant has violated a condition of the sentence, it may declare the defendant delinquent and file a written declaration of delinquency. When the court receives a request for a declaration of delinquency by a probation officer, it shall make a decision on such request within seventy-two hours of its receipt of the request. Upon filing a written declaration of delinquency, the court must promptly take reasonable and appropriate action to cause the defendant to appear before it for the purpose of enabling the court to make a final determination with respect to the alleged delinquency in accordance with section 410.70 of this article.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/410.30

In plain English

If at any time during the sentence the court has reasonable cause to believe the defendant violated a condition, it may declare the defendant delinquent and file a written declaration of delinquency. ★ When a probation officer requests a declaration, the court must decide within 72 hours. ★ After filing, the court must promptly act to get the defendant before it for a final determination under § 410.70.

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.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.