Extension of time of commitment; adjournment · as in force on May 31, 2026
§ 570.40 Extension of time of commitment; adjournment.
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, a local criminal court may discharge him or may recommit him for a further period of sixty days, or for further periods not to exceed in the aggregate sixty days, or a supreme court justice or county judge may again take bail for his appearance and surrender, as provided in section 570.38 but within a period not to exceed sixty days after the date of such new bond or undertaking.
If the governor’s warrant has not produced an arrest when the existing commitment or bail period expires, the court may release the accused or extend custody or bail. A local criminal court may recommit the person for up to 60 more days in total, and a Supreme Court justice or county judge may take new bail requiring appearance and surrender within 60 days after the new bond. ★
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 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.