N.Y. Military Law Section 130.58
Execution of confinement


Any sentence or punishment of confinement adjudged by a military court, whether or not such sentence or punishment includes discharge or dismissal, and whether or not such discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia, or in any jail, penitentiary or prison designated for that purpose as prescribed in section 130.11 of this code; and persons so confined in such a jail, penitentiary or prison shall be subject to the same discipline and treatment as persons confined or committed to such jail, penitentiary or prison by the courts of the state or of any political subdivision thereof.


The omission of the words “hard labor” in any sentence or punishment of a court-martial adjudging confinement shall not be construed as depriving the authority executing such sentence or punishment of the power to require hard labor as a part of the punishment.


The keepers, officers and wardens of all city or county jails and of all other jails, penitentiaries or prisons designated by the governor or by the adjutant general pursuant to section 130.11 of this chapter shall receive the bodies of persons ordered into confinement prior to trial and of persons committed to confinement by the process or mandate of a military court and shall confine them according to law, and no such keeper, officer or warden shall demand or require payment of any fee or charge of any nature for receiving or confining a person in such jail, penitentiary or prison.

Source: Section 130.58 — Execution of confinement, https://www.­nysenate.­gov/legislation/laws/MIL/130.­58 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 130.58’s source at nysenate​.gov

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