{"jurisdiction": "us-ny", "code": "cpl", "section": "430.30", "citation": "CPL § 430.30", "heading": "Duty to deliver defendant", "text": ["§ 430.30  Duty to deliver defendant.", "In counties contained within New York City and in counties that have a commissioner of correction who is responsible for detention of defendants in criminal actions, it is the duty of the commissioner of correction of such city or county to deliver the defendant forthwith to the proper institution in accordance with the commitment.  In all other counties it is the duty of the sheriff to deliver the defendant forthwith to the proper institution in accordance with the commitment."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/430.30", "from_official_api": true, "plain_english": "- In **NYC counties** and counties with a **commissioner of correction** responsible for detention → it's the **commissioner's duty** to deliver the defendant **forthwith** to the proper institution per the commitment. ★\n- In **all other counties** → it's the **sheriff's duty** to deliver the defendant **forthwith** per the commitment. ★\n\n---\n\n**★ Exam hits:**\n- **Freeze rule:** a lawful, commenced prison sentence **can't be changed, suspended, or interrupted** — **except as specifically authorized by law**.\n- Commitment by type: **indeterminate/determinate → DOCCS**; **definite/intermittent → NYC/county dept. of correction, else county jail/workhouse/penitentiary**.\n- On qualifying resentence, if **time served ≥ new term**, the new sentence is **deemed served in full**.\n- **Court-clerk mailing duty:** on a stay of execution the clerk **immediately mails DOCCS** a certified commitment copy (with the defendant's legal rep info); surrender must occur **no later than 60 days** after sentence; on resentence the clerk mails DOCCS (indeterminate/determinate) and the local facility head (definite).\n- Fine-with-imprisonment: the fine-commitment period starts at term-satisfaction, parole eligibility, or conditional-release eligibility — **whichever is first**; may be run **concurrently** at the court's direction.\n- **Delivery duty:** NYC / commissioner-of-correction counties → the **commissioner**; all other counties → the **sheriff**, delivering **forthwith**.\n- Watch the **Sept. 1, 2027** dated versions of §§ 430.20(2) and (4): the word **\"determinate\"** is present before, dropped after.\n\n\n---\n*Verbatim statute:* [[CPL - Article 430]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/430.30", "publisher": "Elyphived LLC"}