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Article 70 - NY Penal Law

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Part 2 ›
Title E ›
Article 70
SENTENCES OF IMPRISONMENT

S 70.00 Sentence of imprisonment for felony.
  * 1.  Indeterminate sentence. Except as provided in subdivisions four,
five and six of this  section  or  section  70.80  of  this  article,  a
sentence  of  imprisonment  for a felony, other than a felony defined in
article two hundred twenty or two hundred twenty-one  of  this  chapter,
shall be an indeterminate sentence. When such a sentence is imposed, the
court  shall  impose a maximum term in accordance with the provisions of
subdivision two of this section and the minimum period  of  imprisonment
shall be as provided in subdivision three of this section.
* NB Effective until September 1, 2017
  * 1.  Indeterminate  sentence. Except as provided in subdivisions four
and five of this section or section 70.80 of this article, a sentence of
imprisonment for a felony, other than a felony defined  in  article  two
hundred  twenty  or  two hundred twenty-one of this chapter, shall be an
indeterminate sentence. When such a sentence is imposed, the court shall
impose a maximum term in accordance with the provisions  of  subdivision
two  of  this section and the minimum period of imprisonment shall be as
provided in subdivision three of this section.
* NB Effective September 1, 2017
  2. Maximum term of sentence. The  maximum  term  of  an  indeterminate
sentence  shall  be  at least three years and the term shall be fixed as
follows:
  (a) For a class A felony, the term shall be life imprisonment;
  (b) For a class B felony, the term shall be fixed by  the  court,  and
shall not exceed twenty-five years;
  (c)  For  a  class C felony, the term shall be fixed by the court, and
shall not exceed fifteen years;
  (d) For a class D felony, the term shall be fixed by  the  court,  and
shall not exceed seven years; and
  (e)  For  a  class E felony, the term shall be fixed by the court, and
shall not exceed four years.
  3. Minimum period of imprisonment. The minimum period of  imprisonment
under  an indeterminate sentence shall be at least one year and shall be
fixed as follows:
  (a) In the case of a class A felony, the minimum period shall be fixed
by the court and specified in the sentence.
  (i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided,  however,  that
  (A)   where  a  sentence,  other  than  a  sentence  of  death  or  life
imprisonment without parole, is imposed upon a  defendant  convicted  of
murder  in the first degree as defined in section 125.27 of this chapter
such minimum period shall be not less than twenty years  nor  more  than
twenty-five years, and, (B) where a sentence is imposed upon a defendant
convicted  of murder in the second degree as defined in subdivision five
of section 125.25 of this chapter or convicted of aggravated  murder  as
defined  in  section  125.26 of this chapter, the sentence shall be life
imprisonment without parole, and, (C) where a sentence is imposed upon a
defendant convicted of attempted murder in the first degree  as  defined
in article one hundred ten of this chapter and subparagraph (i), (ii) or
(iii)  of  paragraph  (a)  of  subdivision  one  and  paragraph  (b)  of
subdivision  one  of  section  125.27  of  this  chapter  or   attempted
aggravated  murder as defined in article one hundred ten of this chapter
and section 125.26 of this chapter such minimum period shall be not less
than twenty years nor more than forty years.
  (ii) For a class A-II felony, such minimum period shall  not  be  less
than  three years nor more than eight years four months, except that for
the class A-II felony of predatory sexual assault as defined in  section
130.95  of  this  chapter  or  the class A-II felony of predatory sexual
 assault against a child as defined in section 130.96  of  this  chapter,
such  minimum  period  shall  be  not  less than ten years nor more than
twenty-five years.
  (b)  For  any  other  felony, the minimum period shall be fixed by the
court and specified in the sentence and shall be not less than one  year
nor more than one-third of the maximum term imposed.
  4.  Alternative  definite  sentence for class D and E felonies. When a
person, other than a second or persistent felony offender, is  sentenced
for  a  class  D  or class E felony, and the court, having regard to the
nature and circumstances of the crime and to the history  and  character
of  the  defendant, is of the opinion that a sentence of imprisonment is
necessary but that it would be unduly harsh to impose  an  indeterminate
or  determinate  sentence,  the  court may impose a definite sentence of
imprisonment and fix a term of one year or less.
  5.  Life  imprisonment  without  parole.  Notwithstanding  any   other
provision  of  law,  a  defendant sentenced to life imprisonment without
parole shall not  be  or  become  eligible  for  parole  or  conditional
release.  For  purposes of commitment and custody, other than parole and
conditional  release,  such  sentence  shall  be   deemed   to   be   an
indeterminate   sentence.     A  defendant  may  be  sentenced  to  life
imprisonment without parole upon conviction for the crime of  murder  in
the  first  degree  as  defined in section 125.27 of this chapter and in
accordance with the procedures provided by law for imposing  a  sentence
for  such  crime.  A  defendant  must  be sentenced to life imprisonment
without parole upon conviction for the crime of terrorism as defined  in
section  490.25  of  this  chapter,  where  the  specified  offense  the
defendant committed is  a  class  A-I  felony;  the  crime  of  criminal
possession of a chemical weapon or biological weapon in the first degree
as  defined  in section 490.45 of this chapter; or the crime of criminal
use of a chemical weapon or biological weapon in  the  first  degree  as
defined  in  section  490.55  of  this  chapter; provided, however, that
nothing in this subdivision shall preclude  or  prevent  a  sentence  of
death when the defendant is also convicted of the crime of murder in the
first  degree as defined in section 125.27 of this chapter.  A defendant
must be sentenced to life imprisonment without  parole  upon  conviction
for  the  crime of murder in the second degree as defined in subdivision
five of section 125.25 of this chapter or for the  crime  of  aggravated
murder  as defined in subdivision one of section 125.26 of this chapter.
A defendant may be sentenced to life imprisonment  without  parole  upon
conviction  for the crime of aggravated murder as defined in subdivision
two of section 125.26 of this chapter.
  * 6. Determinate sentence. Except as provided in subdivision  four  of
this  section  and  subdivisions  two  and four of section 70.02, when a
person is sentenced as a violent felony  offender  pursuant  to  section
70.02  or  as a second violent felony offender pursuant to section 70.04
or as a second felony offender on a  conviction  for  a  violent  felony
offense  pursuant  to section 70.06, the court must impose a determinate
sentence of imprisonment in  accordance  with  the  provisions  of  such
sections and such sentence shall include, as a part thereof, a period of
post-release supervision in accordance with section 70.45.
  * NB Repealed September 1, 2017

S 70.02 Sentence of imprisonment for a violent felony offense.
  1. Definition of a violent felony offense. A violent felony offense is
  a  class  B  violent felony offense, a class C violent felony offense, a
  class D violent felony offense, or a class  E  violent  felony  offense,
  defined as follows:
    (a)  Class  B  violent felony offenses: an attempt to commit the class
  A-I felonies of murder in  the  second  degree  as  defined  in  section
  125.25, kidnapping in the first degree as defined in section 135.25, and
  arson  in the first degree as defined in section 150.20; manslaughter in
  the first degree as defined in section 125.20,  aggravated  manslaughter
  in  the  first  degree  as  defined in section 125.22, rape in the first
  degree as defined in section 130.35, criminal sexual act  in  the  first
  degree  as  defined  in  section  130.50, aggravated sexual abuse in the
  first degree as defined in section  130.70,  course  of  sexual  conduct
  against  a  child  in  the  first  degree  as defined in section 130.75;
  assault in the first degree as defined in section 120.10, kidnapping  in
  the  second  degree  as defined in section 135.20, burglary in the first
  degree as defined in section 140.30,  arson  in  the  second  degree  as
  defined  in  section  150.15,  robbery in the first degree as defined in
  section 160.15, incest in the first degree as defined in section 255.27,
  criminal possession of a weapon  in  the  first  degree  as  defined  in
  section 265.04, criminal use of a firearm in the first degree as defined
  in  section  265.09,  criminal  sale of a firearm in the first degree as
  defined in section 265.13, aggravated assault upon a police officer or a
  peace officer as defined in section 120.11, gang assault  in  the  first
  degree as defined in section 120.07, intimidating a victim or witness in
  the  first degree as defined in section 215.17, hindering prosecution of
  terrorism in the first degree as defined  in  section  490.35,  criminal
  possession  of  a  chemical  weapon  or  biological weapon in the second
  degree as defined in section 490.40, and  criminal  use  of  a  chemical
  weapon  or  biological  weapon in the third degree as defined in section
  490.47.
    (b) Class C violent felony offenses: an attempt to commit any  of  the
  class  B  felonies  set  forth  in  paragraph  (a)  of this subdivision;
  aggravated criminally negligent homicide as defined in  section  125.11,
  aggravated  manslaughter  in  the  second  degree  as defined in section
  125.21, aggravated sexual abuse in  the  second  degree  as  defined  in
  section  130.67,  assault on a peace officer, police officer, fireman or
  emergency medical services professional as defined  in  section  120.08,
  assault  on  a  judge  as defined in section 120.09, gang assault in the
  second degree as defined in section 120.06, strangulation in  the  first
  degree  as  defined  in section 121.13, burglary in the second degree as
  defined in section 140.25, robbery in the second degree  as  defined  in
  section  160.10, criminal possession of a weapon in the second degree as
  defined in section 265.03, criminal use  of  a  firearm  in  the  second
  degree  as  defined in section 265.08, criminal sale of a firearm in the
  second degree as defined in section 265.12, criminal sale of  a  firearm
  with  the  aid  of  a  minor  as  defined  in section 265.14, aggravated
  criminal possession of a weapon as defined in section 265.19, soliciting
  or providing support for an act of terrorism  in  the  first  degree  as
  defined  in  section  490.15,  hindering prosecution of terrorism in the
  second degree as defined in section 490.30, and criminal possession of a
  chemical weapon or biological weapon in the third degree as  defined  in
  section 490.37.
    (c)  Class  D violent felony offenses: an attempt to commit any of the
  class C felonies set forth in paragraph (b); reckless assault of a child
  as defined in section 120.02, assault in the second degree as defined in
  section 120.05, menacing a police officer or peace officer as defined in
  section 120.18, stalking in the first degree, as defined in  subdivision
  one  of section 120.60, strangulation in the second degree as defined in
  section 121.12, rape in the second degree as defined in section  130.30,
  criminal  sexual  act in the second degree as defined in section 130.45,
  sexual abuse in the first degree as defined in section 130.65, course of
  sexual conduct against a child  in  the  second  degree  as  defined  in
  section  130.80,  aggravated sexual abuse in the third degree as defined
  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
  substance  as defined in section 130.90, criminal possession of a weapon
  in the third degree as defined in subdivision five, six,  seven,  eight,
  nine  or  ten of section 265.02, criminal sale of a firearm in the third
  degree as defined in section 265.11, intimidating a victim or witness in
  the second degree as defined in section 215.16, soliciting or  providing
  support  for  an  act  of  terrorism  in the second degree as defined in
  section 490.10, and making a terroristic threat as  defined  in  section
  490.20,  falsely reporting an incident in the first degree as defined in
  section 240.60, placing a false bomb or hazardous substance in the first
  degree as defined in section 240.62, placing a false bomb  or  hazardous
  substance  in a sports stadium or arena, mass transportation facility or
  enclosed shopping mall as defined  in  section  240.63,  and  aggravated
  unpermitted use of indoor pyrotechnics in the first degree as defined in
  section 405.18.
    (d)  Class  E violent felony offenses: an attempt to commit any of the
  felonies of criminal possession of a  weapon  in  the  third  degree  as
  defined  in subdivision five, six, seven or eight of section 265.02 as a
  lesser included offense of that section as defined in section 220.20  of
  the  criminal  procedure  law,  persistent  sexual  abuse  as defined in
  section 130.53, aggravated sexual abuse in the fourth degree as  defined
  in  section 130.65-a, falsely reporting an incident in the second degree
  as defined in section 240.55 and  placing  a  false  bomb  or  hazardous
  substance in the second degree as defined in section 240.61.
    2. Authorized sentence.
    * (a)  Except  as  provided  in  subdivision six of section 60.05, the
  sentence imposed upon a person who stands convicted  of  a  class  B  or
  class  C  violent  felony  offense  must  be  a  determinate sentence of
  imprisonment which shall be in whole or half years.  The  term  of  such
  sentence  must be in accordance with the provisions of subdivision three
  of this section.
    * NB Effective until September 1, 2017
    * (a) The sentence imposed upon a person who  stands  convicted  of  a
  class  B  or  class  C  violent  felony offense must be an indeterminate
  sentence of imprisonment. Except as  provided  in  subdivision  five  of
  section  60.05,  the maximum term of such sentence must be in accordance
  with the provisions of subdivision three of this section and the minimum
  period of imprisonment under such sentence must be  in  accordance  with
  subdivision four of this section.
    * NB Effective September 1, 2017
    (b)  Except  as  provided  in  paragraph  (b-1)  of  this subdivision,
  subdivision six of section 60.05 and subdivision four of  this  section,
  the  sentence  imposed  upon  a person who stands convicted of a class D
  violent felony offense, other than the offense of criminal possession of
  a weapon in the third degree as defined in subdivision  five,  seven  or
  eight  of  section  265.02  or  criminal  sale of a firearm in the third
  degree as defined in section 265.11, must  be  in  accordance  with  the
  applicable provisions of this chapter relating to sentencing for class D
  felonies  provided,  however,  that  where a sentence of imprisonment is
  imposed  which  requires  a  commitment  to  the  state  department   of
  corrections   and  community  supervision,  such  sentence  shall  be  a
  determinate sentence in accordance with  paragraph  (c)  of  subdivision
  three of this section.
    (b-1)  Except  as  provided  in  subdivision six of section 60.05, the
  sentence imposed upon a person who  stands  convicted  of  the  class  D
  violent  felony offense of menacing a police officer or peace officer as
  defined in section 120.18 of this chapter must be a determinate sentence
  of imprisonment.
    (c) Except as provided  in  subdivision  six  of  section  60.05,  the
  sentence  imposed  upon  a  person  who  stands convicted of the class D
  violent felony offenses of criminal possession of a weapon in the  third
  degree  as  defined in subdivision five, seven, eight or nine of section
  265.02, criminal sale of a firearm in the third  degree  as  defined  in
  section  265.11  or  the  class E violent felonies of attempted criminal
  possession of a weapon in the third degree  as  defined  in  subdivision
  five,  seven,  eight  or  nine of section 265.02 must be a sentence to a
  determinate period of imprisonment, or, in the alternative,  a  definite
  sentence  of  imprisonment for a period of no less than one year, except
  that:
    (i) the court may impose any other sentence authorized by law  upon  a
  person  who  has  not  been  previously  convicted  in  the  five  years
  immediately preceding the commission  of  the  offense  for  a  class  A
  misdemeanor  defined  in this chapter, if the court having regard to the
  nature and circumstances of the crime and to the history  and  character
  of the defendant, finds on the record that such sentence would be unduly
  harsh  and that the alternative sentence would be consistent with public
  safety and does not deprecate the seriousness of the crime; and
    (ii) the court may apply the provisions of paragraphs (b) and  (c)  of
  subdivision  four of this section when imposing a sentence upon a person
  who has previously been convicted of a class A  misdemeanor  defined  in
  this  chapter  in the five years immediately preceding the commission of
  the offense.
    3. Term of sentence. The term of a determinate sentence for a  violent
  felony offense must be fixed by the court as follows:
    (a)  For  a  class  B felony, the term must be at least five years and
  must not exceed twenty-five years, provided, however, that the term must
  be:  (i) at least ten years and must not exceed thirty years  where  the
  sentence is for the crime of aggravated assault upon a police officer or
  peace  officer as defined in section 120.11 of this chapter; and (ii) at
  least ten years and must not exceed thirty years where the  sentence  is
  for  the crime of aggravated manslaughter in the first degree as defined
  in section 125.22 of this chapter;
    (b) For a class C felony, the term must be at least three and one-half
  years and must not exceed fifteen years,  provided,  however,  that  the
  term  must be: (i) at least seven years and must not exceed twenty years
  where the sentence is for the crime of aggravated  manslaughter  in  the
  second  degree  as  defined  in  section 125.21 of this chapter; (ii) at
  least seven years and must not exceed twenty years where the sentence is
  for the crime of attempted aggravated assault upon a police  officer  or
  peace  officer  as  defined  in section 120.11 of this chapter; (iii) at
  least three and one-half years and must not exceed  twenty  years  where
  the  sentence  is  for  the  crime  of  aggravated  criminally negligent
  homicide as defined in section 125.11 of this chapter; and (iv) at least
  five years and must not exceed  fifteen  years  where  the  sentence  is
  imposed  for  the crime of aggravated criminal possession of a weapon as
  defined in section 265.19 of this chapter;
    (c) For a class D felony, the term must be at least two years and must
  not exceed seven years, provided, however, that the term must be: (i) at
  least two years and must not exceed eight years where  the  sentence  is
  for  the  crime of menacing a police officer or peace officer as defined
  in section 120.18 of this chapter; and (ii) at least three and  one-half
  years  and must not exceed seven years where the sentence is imposed for
  the  crime  of  criminal  possession  of a weapon in the third degree as
  defined in subdivision ten of section 265.02 of this chapter;
    (d) For a class E felony, the term must be at least one  and  one-half
  years and must not exceed four years.
    4.  (a) Except as provided in paragraph (b) of this subdivision, where
  a plea of guilty to a class D violent felony offense is entered pursuant
  to  section  220.10  or  220.30  of  the  criminal  procedure   law   in
  satisfaction  of  an  indictment  charging  the  defendant with an armed
  felony, as defined in subdivision  forty-one  of  section  1.20  of  the
  criminal  procedure law, the court must impose a determinate sentence of
  imprisonment.
    (b) In any case in which the  provisions  of  paragraph  (a)  of  this
  subdivision  or  the provisions of subparagraph (ii) of paragraph (c) of
  subdivision two of this section apply, the court may impose  a  sentence
  other  than  a  determinate  sentence  of  imprisonment,  or  a definite
  sentence of imprisonment for a period of no less than one  year,  if  it
  finds  that  the alternate sentence is consistent with public safety and
  does not deprecate the seriousness of the crime and that one or more  of
  the following factors exist:
    (i)  mitigating  circumstances  that  bear directly upon the manner in
  which the crime was committed; or
    (ii) where the defendant was not the sole participant  in  the  crime,
  the defendant's participation was relatively minor although not so minor
  as to constitute a defense to the prosecution; or
    (iii)  possible deficiencies in proof of the defendant's commission of
  an armed felony.
    (c) The defendant and the district attorney shall have an  opportunity
  to  present  relevant  information  to  assist  the  court  in  making a
  determination pursuant to paragraph (b) of  this  subdivision,  and  the
  court  may,  in  its  discretion,  conduct a hearing with respect to any
  issue bearing upon such determination. If the court  determines  that  a
  determinate  sentence  of imprisonment should not be imposed pursuant to
  the provisions of such paragraph (b), it shall make a statement  on  the
  record  of  the facts and circumstances upon which such determination is
  based. A transcript of the court's statement, which shall set forth  the
  recommendation of the district attorney, shall be forwarded to the state
  division  of  criminal  justice  services  along  with  a  copy  of  the
  accusatory instrument.

S 70.04 Sentence of imprisonment for second violent felony offender.
   1. Definition of second violent felony offender.
    (a)  A second violent felony offender is a person who stands convicted
  of a violent felony offense as defined in  subdivision  one  of  section
  70.02  after  having  previously  been  subjected to a predicate violent
  felony conviction as defined in paragraph (b) of this subdivision.
    (b) For the purpose of determining whether a  prior  conviction  is  a
  predicate violent felony conviction the following criteria shall apply:
    (i)  The  conviction  must have been in this state of a class A felony
  (other than one defined in article two hundred twenty) or of  a  violent
  felony  offense as defined in subdivision one of section 70.02, or of an
  offense defined by the penal law in effect  prior  to  September  first,
  nineteen  hundred  sixty-seven,  which  includes  all  of  the essential
  elements of any such felony, or in any other jurisdiction of an  offense
  which  includes  all  of  the  essential elements of any such felony for
  which a sentence to a term of imprisonment in excess of one  year  or  a
  sentence  of  death  was  authorized  and  is  authorized  in this state
  irrespective of whether such sentence was imposed;
    (ii) Sentence upon such prior conviction must have been imposed before
  commission of the present felony;
    (iii) Suspended sentence, suspended execution of sentence, a  sentence
  of  probation,  a  sentence of conditional discharge or of unconditional
  discharge, and a sentence of certification to the care  and  custody  of
  the  division  of  substance  abuse  services,  shall  be deemed to be a
  sentence;
    (iv) Except  as  provided  in  subparagraph  (v)  of  this  paragraph,
  sentence  must  have  been  imposed  not  more  than  ten  years  before
  commission of  the  felony  of  which  the  defendant  presently  stands
  convicted;
    (v)  In  calculating  the ten year period under subparagraph (iv), any
  period of time during which the person was incarcerated for  any  reason
  between  the  time  of commission of the previous felony and the time of
  commission of the present felony shall be excluded  and  such  ten  year
  period shall be extended by a period or periods equal to the time served
  under such incarceration;
    (vi)  An  offense  for  which  the  defendant has been pardoned on the
  ground of innocence shall not  be  deemed  a  predicate  violent  felony
  conviction.
    * 2.  Authorized  sentence.  When the court has found, pursuant to the
  provisions of the criminal procedure law, that  a  person  is  a  second
  violent  felony offender the court must impose a determinate sentence of
  imprisonment which shall  be  in  whole  or  half  years.  Except  where
  sentence  is imposed in accordance with the provisions of section 70.10,
  the term of such sentence must be in accordance with the  provisions  of
  subdivision three of this section.
    * NB Effective until September 1, 2017
    * 2.  Authorized  sentence.  When the court has found, pursuant to the
  provisions of the criminal procedure law, that  a  person  is  a  second
  violent  felony offender the court must impose an indeterminate sentence
  of imprisonment. Except where sentence is imposed in accordance with the
  provisions of section 70.10, the maximum term of such sentence  must  be
  in  accordance  with the provisions of subdivision three of this section
  and the minimum period of imprisonment under such sentence  must  be  in
  accordance with subdivision four of this section.
    * NB Effective September 1, 2017
    * 3. Term of sentence. The term of a determinate sentence for a second
  violent felony offender must be fixed by the court as follows:
    (a) For a class B felony, the term must be at least ten years and must
  not exceed twenty-five years;
    (b)  For  a  class C felony, the term must be at least seven years and
  must not exceed fifteen years; and
    (c) For a class D felony, the term must be at  least  five  years  and
  must not exceed seven years.
    (d)  For  a  class E felony, the term must be at least three years and
  must not exceed four years.
    * NB Effective until September 1, 2017
    * 3. Maximum term of sentence. The maximum term  of  an  indeterminate
  sentence for a second violent felony offender must be fixed by the court
  as follows:
    (a)  For  a class B felony, the term must be at least twelve years and
  must not exceed twenty-five years;
    (b) For a class C felony, the term must be at least  eight  years  and
  must not exceed fifteen years; and
    (c)  For  a  class  D felony, the term must be at least five years and
  must not exceed seven years.
    (d) For a class E felony, the term must be at least four years.
    * NB Effective September 1, 2017
    * 4.  Minimum  period  of  imprisonment.   The   minimum   period   of
  imprisonment under an indeterminate sentence for a second violent felony
  offender  must  be  fixed  by  the court at one-half of the maximum term
  imposed and must be specified in the sentence.
    * NB Effective September 1, 2017

S 70.05 Sentence of imprisonment for juvenile offender.
  1.  Indeterminate  sentence.  A  sentence of imprisonment for a felony
  committed by a juvenile offender shall  be  an  indeterminate  sentence.
  When  such  a sentence is imposed, the court shall impose a maximum term
  in accordance with the provisions of subdivision two of this section and
  the minimum period of imprisonment shall be as provided  in  subdivision
  three  of  this  section.  The  court shall further provide that where a
  juvenile offender is under placement pursuant to article  three  of  the
  family court act, any sentence imposed pursuant to this section which is
  to  be  served  consecutively  with  such placement shall be served in a
  facility designated pursuant to subdivision four  of  section  70.20  of
  this  article  prior  to  service  of  the  placement  in any previously
  designated facility.
    2. Maximum term of sentence. The  maximum  term  of  an  indeterminate
  sentence  for  a juvenile offender shall be at least three years and the
  term shall be fixed as follows:
    (a) For the class A felony of murder in the second  degree,  the  term
  shall be life imprisonment;
    (b)  For  the  class A felony of arson in the first degree, or for the
  class A felony of kidnapping in the first degree the term shall be fixed
  by the court, and shall be at least twelve years but  shall  not  exceed
  fifteen years;
    (c)  For  a  class B felony, the term shall be fixed by the court, and
  shall not exceed ten years;
    (d) For a class C felony, the term shall be fixed by  the  court,  and
  shall not exceed seven years; and
    (e)  For  a  class  D felony, the term shall be fixed by the court and
  shall not exceed four years.
    3. Minimum period of imprisonment. The minimum period of  imprisonment
  under  an  indeterminate  sentence  for  a  juvenile  offender  shall be
  specified in the sentence as follows:
    (a) For the class A felony of murder in the second degree, the minimum
  period of imprisonment shall be fixed by the court and shall be not less
  than five years but shall not exceed nine years provided, however,  that
  where the sentence is for an offense specified in subdivision one or two
  of  section  125.25  of  this  chapter and the defendant was fourteen or
  fifteen years old at the time of such offense,  the  minimum  period  of
  imprisonment  shall  be not less than seven and one-half years but shall
  not exceed fifteen years;
    (b) For the class A felony of arson in the first degree,  or  for  the
  class  A felony of kidnapping in the first degree, the minimum period of
  imprisonment shall be fixed by the court and shall be not less than four
  years but shall not exceed six years; and
    (c) For a class B, C or D felony, the minimum period  of  imprisonment
  shall be fixed by the court at one-third of the maximum term imposed.

S 70.06 Sentence of imprisonment for second felony offender.
  1. Definition of second felony offender.
    (a)  A second felony offender is a person, other than a second violent
  felony offender as defined in section 70.04, who stands convicted  of  a
  felony  defined  in  this  chapter, other than a class A-I felony, after
  having previously  been  subjected  to  one  or  more  predicate  felony
  convictions as defined in paragraph (b) of this subdivision.
    (b)  For  the  purpose  of determining whether a prior conviction is a
  predicate felony conviction the following criteria shall apply:
    (i) The conviction must have been in this state of a felony, or in any
  other jurisdiction of an offense for which  a  sentence  to  a  term  of
  imprisonment in excess of one year or a sentence of death was authorized
  and  is  authorized  in this state irrespective of whether such sentence
  was imposed;
    (ii) Sentence upon such prior conviction must have been imposed before
  commission of the present felony;
    (iii) Suspended sentence, suspended execution of sentence, a  sentence
  of  probation,  a  sentence of conditional discharge or of unconditional
  discharge, and a sentence of certification to the care  and  custody  of
  the  division  of  substance  abuse  services,  shall  be deemed to be a
  sentence;
    (iv) Except  as  provided  in  subparagraph  (v)  of  this  paragraph,
  sentence  must  have  been  imposed  not  more  than  ten  years  before
  commission of  the  felony  of  which  the  defendant  presently  stands
  convicted;
    (v)  In  calculating  the ten year period under subparagraph (iv), any
  period of time during which the person was incarcerated for  any  reason
  between  the  time  of commission of the previous felony and the time of
  commission of the present felony shall be excluded  and  such  ten  year
  period shall be extended by a period or periods equal to the time served
  under such incarceration;
    (vi)  An  offense  for  which  the  defendant has been pardoned on the
  ground of innocence shall not be deemed a predicate felony conviction.
    * 2. Authorized sentence. Except as provided in  subdivision  five  or
  six of this section, or as provided in subdivision five of section 70.80
  of this article, when the court has found, pursuant to the provisions of
  the  criminal  procedure  law, that a person is a second felony offender
  the court must impose an indeterminate  sentence  of  imprisonment.  The
  maximum  term of such sentence must be in accordance with the provisions
  of  subdivision  three  of  this  section  and  the  minimum  period  of
  imprisonment  under such sentence must be in accordance with subdivision
  four of this section.
    * NB Effective until September 1, 2017
    * 2. Authorized sentence. Except as provided in  subdivision  five  of
  this  section,  or  as  provided in subdivision five of section 70.80 of
  this article, when the court has found, pursuant to  the  provisions  of
  the  criminal  procedure  law, that a person is a second felony offender
  the court must impose an indeterminate  sentence  of  imprisonment.  The
  maximum  term of such sentence must be in accordance with the provisions
  of  subdivision  three  of  this  section  and  the  minimum  period  of
  imprisonment  under such sentence must be in accordance with subdivision
  four of this section.
    * NB Effective September 1, 2017
    * 3. Maximum term of sentence. Except as provided in subdivision  five
  or  six  of  this section, or as provided in subdivision five of section
  70.80 of this article, the maximum term of an indeterminate sentence for
  a second felony offender must be fixed by the court as follows:
    (a) For a class A-II felony, the term must be life imprisonment;
    (b) For a class B felony, the term must be at  least  nine  years  and
  must not exceed twenty-five years;
    (c) For a class C felony, the term must be at least six years and must
  not exceed fifteen years;
    (d)  For  a  class  D felony, the term must be at least four years and
  must not exceed seven years; and
    (e) For a class E felony, the term must be at least  three  years  and
  must  not  exceed four years; provided, however, that where the sentence
  is for the class E felony offense specified in section  240.32  of  this
  chapter,  the  maximum  term  must  be at least three years and must not
  exceed five years.
    * NB Effective until September 1, 2017
    * 3. Maximum term of sentence. Except as provided in subdivision  five
  of  this section, or as provided in subdivision five of section 70.80 of
  this article, the maximum term of an indeterminate sentence for a second
  felony offender must be fixed by the court as follows:
    (a) For a class A-II felony, the term must be life imprisonment;
    (b) For a class B felony, the term must be at  least  nine  years  and
  must not exceed twenty-five years;
    (c) For a class C felony, the term must be at least six years and must
  not exceed fifteen years;
    (d)  For  a  class  D felony, the term must be at least four years and
  must not exceed seven years; and
    (e) For a class E felony, the term must be at least  three  years  and
  must not exceed four years.
    * NB Effective September 1, 2017
    4.   Minimum  period  of  imprisonment.  (a)  The  minimum  period  of
  imprisonment for a second felony offender  convicted  of  a  class  A-II
  felony  must  be fixed by the court at no less than six years and not to
  exceed twelve and one-half years and must be specified in the  sentence,
  except  that  for  the  class A-II felony of predatory sexual assault as
  defined in section 130.95 of this chapter or the class  A-II  felony  of
  predatory sexual assault against a child as defined in section 130.96 of
  this  chapter,  such minimum period shall be not less than ten years nor
  more than twenty-five years.
    (b) Except as  provided  in  paragraph  (a),  the  minimum  period  of
  imprisonment  under  an  indeterminate  sentence  for  a  second  felony
  offender must be fixed by the court at  one-half  of  the  maximum  term
  imposed and must be specified in the sentence.
    * 6.  Determinate  sentence. When the court has found, pursuant to the
  provisions of the criminal procedure law, that  a  person  is  a  second
  felony  offender  and the sentence to be imposed on such person is for a
  violent felony offense, as defined in subdivision one of section  70.02,
  the court must impose a determinate sentence of imprisonment the term of
  which must be fixed by the court as follows:
    (a)  For  a  class B violent felony offense, the term must be at least
  eight years and must not exceed twenty-five years;
    (b) For a class C violent felony offense, the term must  be  at  least
  five years and must not exceed fifteen years;
    (c)  For  a  class D violent felony offense, the term must be at least
  three years and must not exceed seven years; and
    (d) For a class E violent felony offense, the term must  be  at  least
  two years and must not exceed four years.
    * NB Repealed September 1, 2017
    * 7.  Notwithstanding  any  other  provision  of law, in the case of a
  person sentenced for a specified  offense  or  offenses  as  defined  in
  subdivision  five  of  section 410.91 of the criminal procedure law, who
  stands convicted of no other felony offense, who has not previously been
  convicted of either a violent felony offense as defined in section 70.02
  of this article, a class A felony offense or a class B  felony  offense,
  and  is  not  under  the  jurisdiction  of  or  awaiting delivery to the
  department  of  corrections  and  community  supervision,  the court may
  direct that such sentence be executed as a parole  supervision  sentence
  as  defined  in  and  pursuant  to  the procedures prescribed in section
  410.91 of the criminal procedure law.
    * NB Repealed September 1, 2017

S 70.07 Sentence of imprisonment for second child sexual assault felony
        offender.
  1. A person who stands convicted of a  felony  offense  for  a  sexual
  assault  against  a  child,  having been subjected to a predicate felony
  conviction for a sexual assault against a child, must  be  sentenced  in
  accordance  with  the  provisions  of  subdivision  four or five of this
  section.
    2. A "sexual assault against a child" means a  felony  offense,  other
  than  persistent  sexual  abuse  as  defined  in  section 130.53 of this
  chapter, (a) the essential elements of which include the  commission  or
  attempted commission of sexual conduct, as defined in subdivision ten of
  section  130.00  of  this  chapter,  (b)  committed  or  attempted to be
  committed against a child less than fifteen years old.
    3. For purposes of determining whether a person has been subjected  to
  a predicate felony conviction under this section, the criteria set forth
  in  paragraph  (b)  of  subdivision  one  of  section  70.06 shall apply
  provided however that for purposes of this subdivision, the  terms  "ten
  year"  or  "ten  years",  as  provided  in subparagraphs (iv) and (v) of
  paragraph (b) of  subdivision  one  of  such  section  70.06,  shall  be
  "fifteen  year"  or "fifteen years". The provisions of section 400.19 of
  the criminal procedure law shall govern  the  procedures  that  must  be
  followed  to determine whether a person who stands convicted of a sexual
  assault against a child has been previously  subjected  to  a  predicate
  felony  conviction  for  such a sexual assault and whether such offender
  was eighteen years of age or older at the time of the commission of  the
  predicate felony.
    4.  Where  the  court  has found pursuant to subdivision three of this
  section that a person who stands convicted of a felony  offense  defined
  in  article  one  hundred  thirty  of this chapter for the commission or
  attempted commission of a  sexual  assault  against  a  child  has  been
  subjected  to a predicate felony conviction for a sexual assault against
  a child, the court shall sentence the defendant as follows:
    (a) where the  defendant  stands  convicted  of  such  sexual  assault
  against  a  child  and  such  conviction  is for a class A-II or class B
  felony offense, and the predicate conviction  for  such  sexual  assault
  against  a child is for a class A-II, class B or class C felony offense,
  the court shall impose an indeterminate sentence  of  imprisonment,  the
  maximum  term  of  which  shall  be life and the minimum period of which
  shall be at least fifteen years and no more than twenty-five years;
    (b) where the  defendant  stands  convicted  of  such  sexual  assault
  against  a child and the conviction is for a class C felony offense, and
  the predicate conviction for such sexual assault against a child is  for
  a  class A-II, class B or class C felony offense, the court shall impose
  a determinate sentence of imprisonment, the term of  which  must  be  at
  least  twelve  years and must not exceed thirty years; provided however,
  that if the court determines that a longer sentence  is  warranted,  the
  court  shall  set forth on the record the reasons for such determination
  and, in lieu of imposing such sentence of imprisonment,  may  impose  an
  indeterminate  sentence of imprisonment, the maximum term of which shall
  be life and the minimum period of which shall be at least fifteen  years
  and no more than twenty-five years;
    (c)  where  the  defendant  stands  convicted  of  such sexual assault
  against a child and the conviction is for a class B felony offense,  and
  the  predicate conviction for such sexual assault against a child is for
  a class  D  or  class  E  felony  offense,  the  court  shall  impose  a
  determinate sentence of imprisonment, the term of which must be at least
  twelve years and must not exceed thirty years;
    (d)  where  the  defendant  stands  convicted  of  such sexual assault
  against a child and the conviction is for a class C felony offense,  and
  the  predicate conviction for such sexual assault against a child is for
  a class  D  or  class  E  felony  offense,  the  court  shall  impose  a
  determinate sentence of imprisonment, the term of which must be at least
  ten years and must not exceed twenty-five years;
    (e)  where  the  defendant  stands  convicted  of  such sexual assault
  against a child and the conviction is for a class D felony offense,  and
  the  predicate conviction for such sexual assault against a child is for
  a felony offense, the court  shall  impose  a  determinate  sentence  of
  imprisonment, the term of which must be at least five years and must not
  exceed fifteen years; and
    (f)  where  the  defendant  stands  convicted  of  such sexual assault
  against a child and the conviction is for a class E felony offense,  and
  the  predicate conviction for such sexual assault against a child is for
  a felony offense, the court  shall  impose  a  determinate  sentence  of
  imprisonment, the term of which must be at least four years and must not
  exceed twelve years.
    5.  Notwithstanding  subdivision four of this section, where the court
  has found pursuant to subdivision three of this section that  a  person:
  (a)  stands convicted of a felony offense defined in article one hundred
  thirty of this chapter for the commission or attempted commission  of  a
  sexual  assault  against  a  child;  and  (b)  has  been  subjected to a
  predicate felony conviction  for  sexual  assault  against  a  child  as
  defined  in  subdivision  two of this section; and (c) who was under the
  age of eighteen years at the time of the commission  of  such  predicate
  felony  offense,  then the court may, in lieu of the sentence authorized
  by subdivision four of this section, sentence the defendant to a term of
  imprisonment in accordance with the sentence authorized for the  instant
  felony  offense  pursuant  to subdivision three of section 70.04 of this
  article. The court shall set forth on the record the  reasons  for  such
  determination.

S 70.08 Sentence of imprisonment for persistent violent felony offender;
        criteria.
  1. Definition of persistent violent felony offender.
    (a)  A  persistent  violent  felony  offender  is  a person who stands
  convicted of a violent felony offense as defined in subdivision  one  of
  section  70.02  or the offense of predatory sexual assault as defined in
  section 130.95 of this  chapter  or  the  offense  of  predatory  sexual
  assault  against  a  child as defined in section 130.96 of this chapter,
  after having previously been subjected to two or more predicate  violent
  felony  convictions  as  defined  in paragraph (b) of subdivision one of
  section 70.04 of this article.
    (b) For the purpose of determining whether a person has  two  or  more
  predicate   violent  felony  convictions,  the  criteria  set  forth  in
  paragraph (b) of subdivision one of section 70.04 shall apply.
    2. Authorized sentence. When the court  has  found,  pursuant  to  the
  provisions  of the criminal procedure law, that a person is a persistent
  violent felony offender the court must impose an indeterminate  sentence
  of  imprisonment,  the maximum term of which shall be life imprisonment.
  The minimum period of  imprisonment  under  such  sentence  must  be  in
  accordance with subdivision three of this section.
    * 3.   Minimum   period   of   imprisonment.  The  minimum  period  of
  imprisonment under an  indeterminate  life  sentence  for  a  persistent
  violent felony offender must be fixed by the court as follows:
    (a)  For  the class A-II felony of predatory sexual assault as defined
  in section 130.95 of this chapter or the class A-II felony of  predatory
  sexual  assault  against  a  child  as defined in section 130.96 of this
  chapter, the minimum period must be twenty-five years;
    (a-1) For a class B felony, the minimum period must be at least twenty
  years and must not exceed twenty-five years;
    (b) For a class C felony, the minimum period must be at least  sixteen
  years and must not exceed twenty-five years;
    (c)  For  a class D felony, the minimum period must be at least twelve
  years and must not exceed twenty-five years.
    * NB Effective until September 1, 2017
    * 3.  Minimum  period  of  imprisonment.   The   minimum   period   of
  imprisonment  under  an  indeterminate  life  sentence  for a persistent
  violent felony offender must be fixed by the court as follows:
    (a) For the class A-II felony of predatory sexual assault  as  defined
  in  section 130.95 of this chapter or the class A-II felony of predatory
  sexual assault against a child as defined  in  section  130.96  of  this
  chapter, the minimum period must be twenty-five years;
    (a-1)  For  a  class B felony, the minimum period must be at least ten
  years and must not exceed twenty-five years;
    (b) For a class C felony, the minimum period must be  at  least  eight
  years and must not exceed twenty-five years;
    (c)  For  a  class  D  felony, the minimum period must be at least six
  years and must not exceed twenty-five years.
    * NB Effective September 1, 2017

S 70.10 Sentence of imprisonment for persistent felony offender.
   1. Definition of persistent felony offender.
    (a)  A persistent felony offender is a person, other than a persistent
  violent  felony  offender  as  defined  in  section  70.08,  who  stands
  convicted  of  a felony after having previously been convicted of two or
  more  felonies,  as  provided  in  paragraphs  (b)  and  (c)   of   this
  subdivision.
    (b)  A  previous felony conviction within the meaning of paragraph (a)
  of this subdivision is a conviction of a felony in this state, or  of  a
  crime in any other jurisdiction, provided:
    (i)  that  a sentence to a term of imprisonment in excess of one year,
  or a sentence to death, was imposed therefor; and
    (ii) that  the  defendant  was  imprisoned  under  sentence  for  such
  conviction prior to the commission of the present felony; and
    (iii)  that the defendant was not pardoned on the ground of innocence;
  and
    (iv) that  such  conviction  was  for  a  felony  offense  other  than
  persistent sexual abuse, as defined in section 130.53 of this chapter.
    (c)  For  the  purpose of determining whether a person has two or more
  previous felony convictions, two or more convictions of crimes that were
  committed prior to the time the defendant was imprisoned under  sentence
  for any of such convictions shall be deemed to be only one conviction.
    2.  Authorized  sentence.  When  the  court has found, pursuant to the
  provisions of the criminal procedure law, that a person is a  persistent
  felony  offender,  and  when  it  is of the opinion that the history and
  character of the defendant and  the  nature  and  circumstances  of  his
  criminal  conduct  indicate  that  extended  incarceration and life-time
  supervision will best serve the public interest, the court, in  lieu  of
  imposing  the  sentence  of  imprisonment  authorized  by section 70.00,
  70.02, 70.04, 70.06 or subdivision five of section 70.80 for  the  crime
  of which such person presently stands convicted, may impose the sentence
  of  imprisonment  authorized  by that section for a class A-I felony. In
  such event the reasons for the court's opinion shall be set forth in the
  record.

S 70.15 Sentences of imprisonment for misdemeanors and violation.
   1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
  misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
  imposed  the  term shall be fixed by the court, and shall not exceed one
  year; provided, however, that a sentence of imprisonment imposed upon  a
  conviction  of  criminal  possession of a weapon in the fourth degree as
  defined in subdivision one of section 265.01 must be for a period of  no
  less  than  one  year  when  the  conviction was the result of a plea of
  guilty entered in satisfaction of an indictment  or  any  count  thereof
  charging  the  defendant  with  the  class  D  violent felony offense of
  criminal possession of a weapon  in  the  third  degree  as  defined  in
  subdivision four of section 265.02, except that the court may impose any
  other  sentence  authorized  by  law  upon  a  person  who  has not been
  previously  convicted  in  the  five  years  immediately  preceding  the
  commission  of the offense for a felony or a class A misdemeanor defined
  in  this  chapter,  if  the  court  having  regard  to  the  nature  and
  circumstances  of  the  crime  and  to  the history and character of the
  defendant, finds on the record that such sentence would be unduly  harsh
  and that the alternative sentence would be consistent with public safety
  and does not deprecate the seriousness of the crime.
    2.  Class  B  misdemeanor.  A  sentence  of imprisonment for a class B
  misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
  imposed the term shall be fixed by the court, and shall not exceed three
  months.
    3.  Unclassified  misdemeanor.  A  sentence  of  imprisonment  for  an
  unclassified misdemeanor shall be  a  definite  sentence.  When  such  a
  sentence  is  imposed the term shall be fixed by the court, and shall be
  in accordance with the sentence specified in the law or  ordinance  that
  defines the crime.
    4.  Violation.  A  sentence of imprisonment for a violation shall be a
  definite sentence. When such a sentence is imposed  the  term  shall  be
  fixed by the court, and shall not exceed fifteen days.
    In  the  case  of  a  violation  defined  outside this chapter, if the
  sentence is expressly specified in the law or ordinance that defines the
  offense and consists solely of a fine, no term of imprisonment shall  be
  imposed.

S 70.20 Place of imprisonment.
   * 1.  (a) Indeterminate or determinate sentence. Except as provided in
  subdivision four of this section, when an indeterminate  or  determinate
  sentence  of  imprisonment  is  imposed,  the  court  shall  commit  the
  defendant to the custody of the  state  department  of  corrections  and
  community  supervision  for  the  term  of his or her sentence and until
  released in accordance with the law; provided, however, that a defendant
  sentenced pursuant to  subdivision  seven  of  section  70.06  shall  be
  committed  to  the  custody  of  the state department of corrections and
  community supervision for  immediate  delivery  to  a  reception  center
  operated by the department.
    (b)  The court in committing a defendant who is not yet eighteen years
  of age to the department of corrections and community supervision  shall
  inquire as to whether the parents or legal guardian of the defendant, if
  present,  will  grant  to  the  minor the capacity to consent to routine
  medical, dental and mental health services and treatment.
    (c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits a defendant who is not yet eighteen years of age to the  custody
  of the department of corrections and community supervision in accordance
  with this section and no medical consent has been obtained prior to said
  commitment,  the  commitment order shall be deemed to grant the capacity
  to consent to routine medical, dental and  mental  health  services  and
  treatment to the person so committed.
    (d)  Nothing  in  this  subdivision  shall  preclude a parent or legal
  guardian of an inmate who is not yet eighteen years of age from making a
  motion  on  notice  to  the  department  of  corrections  and  community
  supervision pursuant to article twenty-two of the civil practice law and
  rules  and section one hundred forty of the correction law, objecting to
  routine medical, dental or mental health services  and  treatment  being
  provided  to  such  inmate under the provisions of paragraph (b) of this
  subdivision.
    (e) Nothing in this section shall require  that  consent  be  obtained
  from  the  parent  or  legal  guardian, where no consent is necessary or
  where the defendant is authorized by law to consent on his  or  her  own
  behalf to any medical, dental, and mental health service or treatment.
    * NB Effective until September 1, 2017
    * 1.  (a)  Indeterminate  sentence.  Except as provided in subdivision
  four of this section, when an indeterminate sentence of imprisonment  is
  imposed,  the  court  shall  commit  the defendant to the custody of the
  state department of corrections and community supervision for  the  term
  of his or her sentence and until released in accordance with the law.
    (b)  The court in committing a defendant who is not yet eighteen years
  of age to the department of corrections and community supervision  shall
  inquire as to whether the parents or legal guardian of the defendant, if
  present,  will  grant  to  the  minor the capacity to consent to routine
  medical, dental and mental health services and treatment.
    (c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits a defendant who is not yet eighteen years of age to the  custody
  of the department of corrections and community supervision in accordance
  with this section and no medical consent has been obtained prior to said
  commitment,  the  commitment order shall be deemed to grant the capacity
  to consent to routine medical, dental and  mental  health  services  and
  treatment to the person so committed.
    (d)  Nothing  in  this  subdivision  shall  preclude a parent or legal
  guardian of an inmate who is not yet eighteen years of age from making a
  motion  on  notice  to  the  department  of  corrections  and  community
  supervision pursuant to article twenty-two of the civil practice law and
  rules  and section one hundred forty of the correction law, objecting to
  routine medical, dental or mental health services  and  treatment  being
  provided  to  such  inmate under the provisions of paragraph (b) of this
  subdivision.
    (e)  Nothing  in  this  section shall require that consent be obtained
  from the parent or legal guardian, where  no  consent  is  necessary  or
  where  the  defendant  is authorized by law to consent on his or her own
  behalf to any medical, dental, and mental health service or treatment.
    * NB Effective September 1, 2017
    2. Definite sentence. Except as provided in subdivision four  of  this
  section,  when a definite sentence of imprisonment is imposed, the court
  shall commit the  defendant  to  the  county  or  regional  correctional
  institution  for  the  term  of  his  sentence  and  until  released  in
  accordance with the law.
    2-a. Sentence of life imprisonment without parole. When a sentence  of
  life  imprisonment without parole is imposed, the court shall commit the
  defendant to the custody of the  state  department  of  corrections  and
  community supervision for the remainder of the life of the defendant.
    * 3. Undischarged imprisonment in other jurisdiction. When a defendant
  who  is  subject  to  an undischarged term of imprisonment, imposed at a
  previous time by a court of another jurisdiction,  is  sentenced  to  an
  additional term or terms of imprisonment by a court of this state to run
  concurrently  with  such  undischarged  term, as provided in subdivision
  four of section 70.25, the return of the defendant to the custody of the
  appropriate official  of  the  other  jurisdiction  shall  be  deemed  a
  commitment for such portion of the term or terms of the sentence imposed
  by  the  court  of  this state as shall not exceed the said undischarged
  term. The defendant shall be committed  to  the  custody  of  the  state
  department  of  corrections  and community supervision if the additional
  term or terms are indeterminate or determinate  or  to  the  appropriate
  county  or  regional  correctional institution if the said term or terms
  are definite for such portion of the  term  or  terms  of  the  sentence
  imposed  as  shall  exceed  such  undischarged term or until released in
  accordance with law. If such additional term or terms imposed shall  run
  consecutively  to  the  said  undischarged  term, the defendant shall be
  committed as provided in subdivisions one and two of this section.
    * NB Effective until September 1, 2017
    * 3. Undischarged imprisonment in other jurisdiction. When a defendant
  who is subject to an undischarged term of  imprisonment,  imposed  at  a
  previous  time  by  a  court of another jurisdiction, is sentenced to an
  additional term or terms of imprisonment by a court of this state to run
  concurrently with such undischarged term,  as  provided  in  subdivision
  four of section 70.25, the return of the defendant to the custody of the
  appropriate  official  of  the  other  jurisdiction  shall  be  deemed a
  commitment for such portion of the term or terms of the sentence imposed
  by the court of this state as shall not  exceed  the  said  undischarged
  term.  The  defendant  shall  be  committed  to the custody of the state
  department of corrections and community supervision  if  the  additional
  term or terms are indeterminate or to the appropriate county or regional
  correctional institution if the said term or terms are definite for such
  portion  of  the  term  or terms of the sentence imposed as shall exceed
  such undischarged term or until released in accordance with law. If such
  additional term or terms imposed shall run  consecutively  to  the  said
  undischarged  term,  the  defendant  shall  be  committed as provided in
  subdivisions one and two of this section.
    * NB Effective September 1, 2017
    4. (a) Notwithstanding any other provision of law to the  contrary,  a
  juvenile  offender, or a juvenile offender who is adjudicated a youthful
  offender and given an indeterminate or a  definite  sentence,  shall  be
  committed  to  the custody of the commissioner of the office of children
  and family services who  shall  arrange  for  the  confinement  of  such
  offender  in secure facilities of the office. The release or transfer of
  such  offenders from the office of children and family services shall be
  governed by section five hundred eight of the executive law.
    (b) The court in committing a juvenile offender and youthful  offender
  to  the  custody  of  the  office  of children and family services shall
  inquire as to whether the parents or legal guardian  of  the  youth,  if
  present,  will consent for the office of children and family services to
  provide  routine  medical,  dental  and  mental  health   services   and
  treatment.
    (c) Notwithstanding paragraph (b) of this subdivision, where the court
  commits  an offender to the custody of the office of children and family
  services in accordance with this section and no medical consent has been
  obtained prior to said commitment, the commitment order shall be  deemed
  to  grant  consent  for  the  office  of children and family services to
  provide for routine medical,  dental  and  mental  health  services  and
  treatment to the offender so committed.
    (d)  Nothing  in  this  subdivision  shall  preclude a parent or legal
  guardian of an offender who is not yet eighteen years of age from making
  a motion on notice  to  the  office  of  children  and  family  services
  pursuant  to  article  twenty-two  of  the  civil practice law and rules
  objecting to routine medical,  dental  or  mental  health  services  and
  treatment  being  provided  to  such  offender  under  the provisions of
  paragraph (b) of this subdivision.
    (e) Nothing in this section shall require  that  consent  be  obtained
  from  the  parent  or  legal  guardian, where no consent is necessary or
  where the offender is authorized by law to consent on  his  or  her  own
  behalf to any medical, dental and mental health service or treatment.
    5.  Subject  to  regulations  of  the  department  of  health, routine
  medical, dental and mental health services and treatment is defined  for
  the purposes of this section to mean any routine diagnosis or treatment,
  including  without  limitation  the  administration  of  medications  or
  nutrition, the extraction of bodily fluids for analysis, and dental care
  performed with a local anesthetic. Routine mental health treatment shall
  not include psychiatric administration of medication unless it  is  part
  of an ongoing mental health plan or unless it is otherwise authorized by
  law.

S 70.25 Concurrent and consecutive terms of imprisonment.
  1.  Except  as  provided  in  subdivisions two, two-a and five of this
  section, when multiple sentences of imprisonment are imposed on a person
  at the same time, or when a person who is subject  to  any  undischarged
  term of imprisonment imposed at a previous time by a court of this state
  is  sentenced  to  an  additional  term of imprisonment, the sentence or
  sentences  imposed  by  the  court  shall  run  either  concurrently  or
  consecutively  with  respect  to each other and the undischarged term or
  terms in such manner as the court directs at the time  of  sentence.  If
  the  court does not specify the manner in which a sentence imposed by it
  is to run, the sentence shall run as follows:
    * (a) An indeterminate or determinate sentence shall run  concurrently
  with all other terms; and
    * NB Effective until September 1, 2017
    * (a)  An indeterminate sentence shall run concurrently with all other
  terms; and
    * NB Effective September 1, 2017
    (b) A definite sentence  shall  run  concurrently  with  any  sentence
  imposed at the same time and shall be consecutive to any other term.
    2.  When more than one sentence of imprisonment is imposed on a person
  for two or more offenses committed through a single act or omission,  or
  through  an  act  or  omission  which  in  itself constituted one of the
  offenses and also was a material element of the  other,  the  sentences,
  except  if  one  or more of such sentences is for a violation of section
  270.20 of this chapter, must run concurrently.
    * 2-a. When an indeterminate or determinate sentence  of  imprisonment
  is  imposed  pursuant  to  section  70.04,  70.06,  70.07, 70.08, 70.10,
  subdivision three or four of section 70.70, subdivision three or four of
  section 70.71 or subdivision five of section 70.80 of this  article,  or
  is  imposed  for  a  class  A-I felony pursuant to section 70.00 of this
  article, and such person is subject to an undischarged indeterminate  or
  determinate  sentence of imprisonment imposed prior to the date on which
  the present crime was committed, the court must impose a sentence to run
  consecutively with respect to such undischarged sentence.
    * NB Effective until September 1, 2017
    * 2-a. When an indeterminate or determinate sentence  of  imprisonment
  is  imposed  pursuant  to  section  70.04,  70.06,  70.07, 70.08, 70.10,
  subdivision three or four of section 70.70, subdivision three or four of
  section 70.71 or subdivision five of section 70.80 of this  article,  or
  is  imposed  for  a  class  A-I felony pursuant to section 70.00 of this
  article, and such person is subject  to  an  undischarged  indeterminate
  sentence  of imprisonment imposed prior to the date on which the present
  crime  was  committed,  the  court  must  impose  a  sentence   to   run
  consecutively with respect to such undischarged sentence.
    * NB Effective September 1, 2017
    * 2-b.  When  a  person  is  convicted  of  a  violent  felony offense
  committed after arraignment and while released on recognizance or  bail,
  but  committed  prior  to the imposition of sentence on a pending felony
  charge, and if an indeterminate or determinate sentence of  imprisonment
  is  imposed  in  each  case,  such  sentences  shall  run consecutively.
  Provided, however, that the court may, in the interest of justice, order
  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
  sentences are required by this subdivision if it finds either mitigating
  circumstances  that bear directly upon the manner in which the crime was
  committed or, where the defendant was not the sole  participant  in  the
  crime,  the  defendant's participation was relatively minor although not
  so minor as to constitute a defense to the  prosecution.  The  defendant
  and  the district attorney shall have an opportunity to present relevant
  information to assist the court in making  this  determination  and  the
  court  may,  in  its  discretion,  conduct a hearing with respect to any
  issue bearing upon such determination.  If  the  court  determines  that
  consecutive  sentences  should not be ordered, it shall make a statement
  on  the  record  of  the  facts  and  circumstances  upon   which   such
  determination is based.
    * NB Effective until September 1, 2017
    * 2-b.  When  a  person  is  convicted  of  a  violent  felony offense
  committed after arraignment and while released on recognizance or  bail,
  but  committed  prior  to the imposition of sentence on a pending felony
  charge, and if an indeterminate sentence of imprisonment is  imposed  in
  each  case,  such  sentences shall run consecutively. Provided, however,
  that the court may, in the interest of justice, order a sentence to  run
  concurrently  in a situation where consecutive sentences are required by
  this subdivision if it finds either mitigating circumstances  that  bear
  directly  upon the manner in which the crime was committed or, where the
  defendant was not the sole participant in  the  crime,  the  defendant's
  participation   was  relatively  minor  although  not  so  minor  as  to
  constitute a defense to the prosecution. The defendant and the  district
  attorney  shall  have  an opportunity to present relevant information to
  assist the court in making this determination and the court may, in  its
  discretion,  conduct  a  hearing  with respect to any issue bearing upon
  such determination. If the court determines that  consecutive  sentences
  should  not  be  ordered, it shall make a statement on the record of the
  facts and circumstances upon which such determination is based.
    * NB Effective September 1, 2017
    2-c. When a person is convicted of bail jumping in the  second  degree
  as  defined  in  section  215.56  or bail jumping in the first degree as
  defined in section 215.57 committed after arraignment and while released
  on recognizance or bail in  connection  with  a  pending  indictment  or
  information  charging  one or more felonies, at least one of which he is
  subsequently convicted, and if an indeterminate sentence of imprisonment
  is imposed  in  each  case,  such  sentences  shall  run  consecutively.
  Provided, however, that the court may, in the interest of justice, order
  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
  sentences are required  by  this  subdivision  if  it  finds  mitigating
  circumstances  that bear directly upon the manner in which the crime was
  committed. The  defendant  and  the  district  attorney  shall  have  an
  opportunity  to  present  relevant  information  to  assist the court in
  making this determination and the court may, in its discretion,  conduct
  a  hearing with respect to any issue bearing upon such determination. If
  the court determines that consecutive sentences should not  be  ordered,
  it  shall  make a statement on the record of the facts and circumstances
  upon which such determination is based.
    2-d. When a person is convicted of escape  in  the  second  degree  as
  defined  in  section  205.10 or escape in the first degree as defined in
  section 205.15 committed after issuance of a securing order, as  defined
  in  subdivision five of section 500.10 of the criminal procedure law, in
  connection with a pending indictment or information charging one or more
  felonies, at least one of which he is subsequently convicted, and if  an
  indeterminate  sentence  of  imprisonment  is imposed in each case, such
  sentences shall run consecutively. Provided,  however,  that  the  court
  may, in the interest of justice, order a sentence to run concurrently in
  a situation where consecutive sentences are required by this subdivision
  if  it finds mitigating circumstances that bear directly upon the manner
  in which the  crime  was  committed.  The  defendant  and  the  district
  attorney  shall  have  an opportunity to present relevant information to
  assist the court in making this determination and the court may, in  its
  discretion,  conduct  a  hearing  with respect to any issue bearing upon
  such determination. If the court determines that  consecutive  sentences
  should  not  be  ordered, it shall make a statement on the record of the
  facts and circumstances upon which such determination is based.
    2-e.  Whenever  a  person  is  convicted  of  course of sexual conduct
  against a child in the first degree as  defined  in  section  130.75  or
  course of sexual conduct against a child in the second degree as defined
  in  section  130.80 and any other crime under article one hundred thirty
  committed against the same child and within  the  period  charged  under
  section 130.75 or 130.80, the sentences must run concurrently.
    2-f. Whenever a person is convicted of facilitating a sex offense with
  a controlled substance as defined in section 130.90 of this chapter, the
  sentence  imposed  by  the  court for such offense may be ordered to run
  consecutively to any sentence imposed  upon  conviction  of  an  offense
  defined  in  article one hundred thirty of this chapter arising from the
  same criminal transaction.
    2-g. Whenever  a  person  is  convicted  of  unlawful  manufacture  of
  methamphetamine in the third degree as defined in section 220.73 of this
  chapter, unlawful manufacture of methamphetamine in the second degree as
  defined  in  section  220.74 of this chapter, or unlawful manufacture of
  methamphetamine in the first degree as defined in section 220.75 of this
  chapter, or any attempt to commit any of such offenses, and such  person
  is  also  convicted,  with  respect  to  such  unlawful  methamphetamine
  laboratory, of unlawful disposal of methamphetamine laboratory  material
  as  defined  in  section  220.76 of this chapter, the sentences must run
  concurrently.
    3. Where  consecutive  definite  sentences  of  imprisonment  are  not
  prohibited  by  subdivision  two  of  this  section and are imposed on a
  person for offenses which were committed as parts of a  single  incident
  or  transaction,  the aggregate of the terms of such sentences shall not
  exceed one year.
    4. When  a  person,  who  is  subject  to  any  undischarged  term  of
  imprisonment   imposed  at  a  previous  time  by  a  court  of  another
  jurisdiction,  is  sentenced  to  an  additional  term   or   terms   of
  imprisonment by a court of this state, the sentence or sentences imposed
  by  the  court  of this state, subject to the provisions of subdivisions
  one, two and three of this section, shall  run  either  concurrently  or
  consecutively  with  respect to such undischarged term in such manner as
  the court directs at the time of sentence. If the court  of  this  state
  does not specify the manner in which a sentence imposed by it is to run,
  the sentence or sentences shall run consecutively.
    5. * (a) Except as provided in paragraph (c) of this subdivision, when
  a  person  is  convicted  of assault in the second degree, as defined in
  subdivision seven of section  120.05  of  this  chapter,  any  definite,
  indeterminate  or  determinate term of imprisonment which may be imposed
  as a sentence upon  such  conviction  shall  run  consecutively  to  any
  undischarged term of imprisonment to which the defendant was subject and
  for which he was confined at the time of the assault.
    * NB Effective until September 1, 2017
    * (a)  Except as provided in paragraph (c) of this subdivision, when a
  person is convicted of assault in  the  second  degree,  as  defined  in
  subdivision  seven  of  section  120.05 of this chapter, any definite or
  indeterminate term of imprisonment which may be imposed  as  a  sentence
  upon such conviction shall run consecutively to any undischarged term of
  imprisonment  to  which  the  defendant was subject and for which he was
  confined at the time of the assault.
    * NB Effective September 1, 2017
    * (b) Except as provided in paragraph (c) of this subdivision, when  a
  person  is  convicted  of  assault  in  the second degree, as defined in
  subdivision seven of section  120.05  of  this  chapter,  any  definite,
  indeterminate  or  determinate term of imprisonment which may be imposed
  as  a  sentence upon such conviction shall run consecutively to any term
  of  imprisonment  which  was  previously  imposed  or   which   may   be
  prospectively  imposed  where the person was confined within a detention
  facility at the time of the assault upon a charge  which  culminated  in
  such sentence of imprisonment.
    * NB Effective until September 1, 2017
    * (b)  Except as provided in paragraph (c) of this subdivision, when a
  person is convicted of assault in  the  second  degree,  as  defined  in
  subdivision  seven  of  section  120.05 of this chapter, any definite or
  indeterminate term of imprisonment which may be imposed  as  a  sentence
  upon such conviction shall run consecutively to any term of imprisonment
  which was previously imposed or which may be prospectively imposed where
  the  person  was confined within a detention facility at the time of the
  assault upon a charge which culminated in such sentence of imprisonment.
    * NB Effective September 1, 2017
    (c) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
  subdivision, a term of imprisonment imposed upon a conviction to assault
  in  the  second degree as defined in subdivision seven of section 120.05
  of this chapter may run concurrently to any other term of  imprisonment,
  in  the interest of justice, provided the court sets forth in the record
  its reasons for imposing a concurrent sentence. Nothing in this  section
  shall  require  the imposition of a sentence of imprisonment where it is
  not otherwise required by law.

S 70.30 Calculation of terms of imprisonment.
  1.   * An   indeterminate  or  determinate  sentence  of  imprisonment
  commences when the prisoner is received  in  an  institution  under  the
  jurisdiction  of  the  state  department  of  corrections  and community
  supervision. Where a person is under  more  than  one  indeterminate  or
  determinate sentence, the sentences shall be calculated as follows:
    * NB Effective until September 1, 2017
    * An   indeterminate  sentence  of  imprisonment  commences  when  the
  prisoner is received in an institution under  the  jurisdiction  of  the
  state  department  of  corrections  and  community  supervision. Where a
  person is under more than  one  indeterminate  sentence,  the  sentences
  shall be calculated as follows:
    * NB Effective September 1, 2017
    * (a)  If  the  sentences  run  concurrently,  the  time  served under
  imprisonment on any of the  sentences  shall  be  credited  against  the
  minimum  periods  of  all  the  concurrent  indeterminate  sentences and
  against the terms of  all  the  concurrent  determinate  sentences.  The
  maximum  term  or  terms  of the indeterminate sentences and the term or
  terms of the determinate sentences shall merge in and  be  satisfied  by
  discharge of the term which has the longest unexpired time to run;
    * NB Effective until September 1, 2017
    * (a)  If  the  sentences  run  concurrently,  the  time  served under
  imprisonment on any of the  sentences  shall  be  credited  against  the
  minimum  periods  of all the concurrent sentences, and the maximum terms
  merge in and are satisfied by  discharge  of  the  term  which  has  the
  longest unexpired time to run;
    * NB Effective September 1, 2017
    * (b)  If the defendant is serving two or more indeterminate sentences
  which run consecutively, the minimum periods of imprisonment  are  added
  to  arrive  at  an aggregate minimum period of imprisonment equal to the
  sum of all the minimum periods, and  the  maximum  terms  are  added  to
  arrive  at an aggregate maximum term equal to the sum of all the maximum
  terms, provided, however, that both the aggregate maximum term  and  the
  aggregate  minimum  period  of  imprisonment  shall  be  subject  to the
  limitations set forth in paragraphs (e) and  (f)  of  this  subdivision,
  where applicable;
    * NB Effective until September 1, 2017
    * (b)  If  the  sentences  run  consecutively,  the minimum periods of
  imprisonment are added to arrive  at  an  aggregate  minimum  period  of
  imprisonment  equal  to  the  sum  of  all  the minimum periods, and the
  maximum terms are added to arrive at an aggregate maximum term equal  to
  the  sum  of  all  the  maximum  terms, provided, however, that both the
  aggregate maximum term and the aggregate minimum period of  imprisonment
  shall  be subject to the limitations set forth in paragraphs (c) and (d)
  of this subdivision, where applicable;
    * NB Effective September 1, 2017
    * (c) If the defendant is serving two or more determinate sentences of
  imprisonment which run  consecutively,  the  terms  of  the  determinate
  sentences   are  added  to  arrive  at  an  aggregate  maximum  term  of
  imprisonment, provided, however, that  the  aggregate  maximum  term  of
  imprisonment shall be subject to the limitations set forth in paragraphs
  (e) and (f) of this subdivision, where applicable.
    * NB Effective until September 1, 2017
    * (c)  (i)  Except  as  provided in subparagraph (ii) or (iii) of this
  paragraph, the aggregate maximum term of consecutive  sentences  imposed
  for  two  or  more  crimes, other than two or more crimes that include a
  class A felony, committed prior to the time the  person  was  imprisoned
  under any of such sentences shall, if it exceeds twenty years, be deemed
  to  be twenty years, unless one of the sentences was imposed for a class
  B felony, in which case the aggregate maximum term shall, if it  exceeds
  thirty  years, be deemed to be thirty years. Where the aggregate maximum
  term of two or more consecutive sentences is reduced by calculation made
  pursuant   to   this   paragraph,   the   aggregate  minimum  period  of
  imprisonment, if it exceeds one-half of the aggregate maximum term as so
  reduced, shall be deemed to be one-half of the aggregate maximum term as
  so reduced;
    (ii) Notwithstanding subparagraph (i) of this paragraph, the aggregate
  maximum term of consecutive sentences imposed for the conviction of  two
  violent  felony  offenses  committed  prior  to  the time the person was
  imprisoned under any of such sentences and one of which  is  a  class  B
  violent  felony  offense, shall, if it exceeds forty years, be deemed to
  be forty years;
    (iii) Notwithstanding subparagraphs (i) and (ii)  of  this  paragraph,
  the  aggregate  maximum  term  of  consecutive sentences imposed for the
  conviction of three or more violent felony offenses committed  prior  to
  the  time  the person was imprisoned under any of such sentences and one
  of which is a class B violent felony offense, shall, if it exceeds fifty
  years, be deemed to be fifty years;
    * NB Effective September 1, 2017
    * (d) If the defendant is serving one or more indeterminate  sentences
  of  imprisonment  and  one  or more determinate sentence of imprisonment
  which run consecutively, the minimum term or terms of the  indeterminate
  sentence  or sentences and the term or terms of the determinate sentence
  or sentences are added  to  arrive  at  an  aggregate  maximum  term  of
  imprisonment,  provided,  however,  (i)  that  in  no  event  shall  the
  aggregate maximum so calculated be less than the term or maximum term of
  imprisonment of the sentence which has the  longest  unexpired  time  to
  run;  and  (ii) that the aggregate maximum term of imprisonment shall be
  subject to the limitations set forth in paragraphs (e) and (f)  of  this
  subdivision, where applicable.
    * NB Effective until September 1, 2017
    * (d) The aggregate maximum term of consecutive sentences imposed upon
  a  juvenile  offender  for  two  or more crimes, not including a class A
  felony, committed before he has reached the age of sixteen, shall, if it
  exceeds  ten  years,  be  deemed  to  be  ten  years.   If   consecutive
  indeterminate  sentences  imposed  upon  a  juvenile  offender include a
  sentence for the class A felony of arson in the first degree or for  the
  class  A  felony  of  kidnapping in the first degree, then the aggregate
  maximum term of such sentences shall, if it exceeds  fifteen  years,  be
  deemed  to  be fifteen years. Where the aggregate maximum term of two or
  more consecutive sentences is reduced by a calculation made pursuant  to
  this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
  exceeds one-half of the aggregate maximum term as so reduced,  shall  be
  deemed to be one-half of the aggregate maximum term as so reduced.
    * NB Effective September 1, 2017
    * (e)  (i)  Except as provided in subparagraph (ii), (iii), (iv), (v),
  (vi)  or  (vii)  of  this  paragraph,  the  aggregate  maximum  term  of
  consecutive  sentences,  all of which are indeterminate sentences or all
  of which are determinate sentences, imposed  for  two  or  more  crimes,
  other  than  two or more crimes that include a class A felony, committed
  prior to the time the person was imprisoned under any of such  sentences
  shall,  if it exceeds twenty years, be deemed to be twenty years, unless
  one of the sentences was imposed for a class B felony, in which case the
  aggregate maximum term shall, if it exceeds thirty years, be  deemed  to
  be  thirty  years.  Where  the  aggregate  maximum  term  of two or more
  indeterminate consecutive  sentences  is  reduced  by  calculation  made
  pursuant   to   this   paragraph,   the   aggregate  minimum  period  of
  imprisonment, if it exceeds one-half of the aggregate maximum term as so
  reduced, shall be deemed to be one-half of the aggregate maximum term as
  so reduced;
    (ii)  Where  the  aggregate  maximum  term  of two or more consecutive
  sentences, one or more of which is a determinate  sentence  and  one  or
  more  of  which  is  an  indeterminate sentence, imposed for two or more
  crimes, other than two or more crimes that include  a  class  A  felony,
  committed  prior to the time the person was imprisoned under any of such
  sentences, exceeds twenty years, and none of the sentences  was  imposed
  for a class B felony, the following rules shall apply:
    (A)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences exceeds twenty years, the defendant  shall  be  deemed  to  be
  serving to a determinate sentence of twenty years.
    (B)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences is less than twenty years, the defendant shall be deemed to be
  serving an indeterminate sentence the maximum term  of  which  shall  be
  deemed to be twenty years. In such instances, the minimum sentence shall
  be  deemed  to  be  ten  years  or six-sevenths of the term or aggregate
  maximum term of the determinate  sentence  or  sentences,  whichever  is
  greater.
    (iii)  Where  the  aggregate  maximum  term of two or more consecutive
  sentences, one or more of which is a determinate  sentence  and  one  or
  more  of  which  is  an  indeterminate sentence, imposed for two or more
  crimes, other than two or more crimes that include  a  class  A  felony,
  commmitted prior to the time the person was imprisoned under any of such
  sentences,  exceeds  thirty  years, and one of the sentences was imposed
  for a class B felony, the following rules shall apply:
    (A) if the aggregate maximum  term  of  the  determinate  sentence  or
  sentences  exceeds  thirty  years,  the  defendant shall be deemed to be
  serving a determinate sentence of thirty years;
    (B) if the aggregate maximum  term  of  the  determinate  sentence  or
  sentences is less than thirty years, the defendant shall be deemed to be
  serving  an  indeterminate  sentence  the maximum term of which shall be
  deemed to be thirty years. In such instances, the minimum sentence shall
  be deemed to be fifteen years or six-sevenths of the term  or  aggregate
  maximum  term  of  the  determinate  sentence or sentences, whichever is
  greater.
    (iv) Notwithstanding subparagraph (i) of this paragraph, the aggregate
  maximum term of consecutive sentences, all of  which  are  indeterminate
  sentences  or  all  of  which are determinate sentences, imposed for the
  conviction of two violent felony offenses committed prior  to  the  time
  the  person  was imprisoned under any of such sentences and one of which
  is a class B violent felony offense, shall, if it exceeds  forty  years,
  be deemed to be forty years
    (v)  Notwithstanding  subparagraphs  (ii) and (iii) of this paragraph,
  where the aggregate maximum term of two or more  consecutive  sentences,
  one  or more of which is a determinate sentence and one or more of which
  is an indeterminate sentence, and where such sentences are  imposed  for
  the  conviction  of  two  violent felony offenses committed prior to the
  time the person was imprisoned under any such sentences and where one of
  which is a class B violent felony offense,  the  following  rules  shall
  apply:
    (A)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences exceeds forty years, the  defendant  shall  be  deemed  to  be
  serving a determinate sentence of forty years;
    (B)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences is less than forty years, the defendant shall be deemed to  be
  serving  an  indeterminate  sentence  the maximum term of which shall be
  deemed to be forty years. In such instances, the minimum sentence  shall
  be  deemed  to  be twenty years or six-sevenths of the term or aggregate
  maximum  term  of  the  determinate  sentence or sentences, whichever is
  greater.
    (vi) Notwithstanding subparagraphs (i) and (iv) of this paragraph, the
  aggregate maximum term  of  consecutive  sentences,  all  of  which  are
  indeterminate or all of which are determinate sentences, imposed for the
  conviction  of  three or more violent felony offenses committed prior to
  the time the person was imprisoned under any of such sentences  and  one
  of which is a class B violent felony offense, shall, if it exceeds fifty
  years, be deemed to be fifty years;
    (vii)  Notwithstanding  subparagraphs  (ii),  (iii)  and  (v)  of this
  paragraph, where the aggregate maximum term of two or  more  consecutive
  sentences,  one  or  more  of which is a determinate sentence and one or
  more of which is an indeterminate sentence, and where such sentences are
  imposed for the conviction of three  or  more  violent  felony  offenses
  committed  prior  to  the  time the person was imprisoned under any such
  sentences and one of which is a class  B  violent  felony  offense,  the
  following rules shall apply:
    (A)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences exceeds fifty years, the  defendant  shall  be  deemed  to  be
  serving a determinate sentence of fifty years.
    (B)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences is less than fifty years, the defendant shall be deemed to  be
  serving  an  indeterminate  sentence  the maximum term of which shall be
  deemed to be fifty years. In such instances, the minimum sentence  shall
  be  deemed  to  be  twenty-five  years  or  six-sevenths  of the term or
  aggregate  maximum  term  of  the  determinate  sentence  or  sentences,
  whichever is greater.
    (viii)  Notwithstanding  any  provision  of  this  subdivision  to the
  contrary where a person is serving two or  more  consecutive  sentences,
  one  or  more  of  which is an indeterminate sentence and one or more of
  which is a determinate sentence, and if  he  would  be  eligible  for  a
  reduction  provision pursuant to this subdivision if the maximum term or
  aggregate maximum term of the indeterminate sentence or  sentences  were
  added  to the term or aggregate maximum term of the determinate sentence
  or sentences, the  person  shall  be  deemed  to  be  eligible  for  the
  applicable   reduction  provision  and  the  rules  set  forth  in  this
  subdivision shall apply.
    * NB Effective until September 1, 2017
    * (f) The aggregate maximum term of consecutive sentences imposed upon
  a juvenile offender for two or more crimes,  not  including  a  class  A
  felony, committed before he has reached the age of sixteen, shall, if it
  exceeds   ten   years,  be  deemed  to  be  ten  years.  If  consecutive
  indeterminate sentences imposed  upon  a  juvenile  offender  include  a
  sentence  for the class A felony of arson in the first degree or for the
  class A felony of kidnapping in the first  degree,  then  the  aggregate
  maximum  term  of  such sentences shall, if it exceeds fifteen years, be
  deemed to be fifteen years. Where the aggregate maximum term of  two  or
  more  consecutive sentences is reduced by a calculation made pursuant to
  this paragraph, the aggregate minimum  period  of  imprisonment,  if  it
  exceeds  one-half  of the aggregate maximum term as so reduced, shall be
  deemed to be one-half of the aggregate maximum term as so reduced.
    * NB Effective until September 1, 2017
    2. Definite sentences. A definite sentence of  imprisonment  commences
  when   the  prisoner  is  received  in  the  institution  named  in  the
  commitment. Where a person is under more than one definite sentence, the
  sentences shall be calculated as follows:
    (a) If the sentences run concurrently and are to be served in a single
  institution,  the  terms  merge in and are satisfied by discharge of the
  term which has the longest unexpired time to run;
    (b) If the sentences run consecutively and  are  to  be  served  in  a
  single  institution,  the terms are added to arrive at an aggregate term
  and are satisfied by discharge of such aggregate term, or by service  of
  two  years  imprisonment  plus any term imposed for an offense committed
  while the person is under the sentences, whichever is less;
    (c) If the sentences run concurrently and are to  be  served  in  more
  than  one  institution, the term of each such sentence shall be credited
  with the portion of any concurrent term served after that  sentence  was
  imposed;
    (d)  If  the  sentences run consecutively and are to be served in more
  than one institution, the aggregate of the time served  in  all  of  the
  institutions  shall  not  exceed  two years plus any term imposed for an
  offense committed while the person is under the sentences.
    2-a. Undischarged imprisonment in other jurisdiction. Where  a  person
  who  is  subject  to  an  undischarged term of imprisonment imposed at a
  previous time by a court of another  jurisdiction  is  sentenced  to  an
  additional  term  or  terms of imprisonment by a court of this state, to
  run concurrently with such undischarged term, such  additional  term  or
  terms  shall  be  deemed to commence when the said person is returned to
  the custody of the appropriate official of such other jurisdiction where
  the undischarged term of imprisonment is being served. If the additional
  term or terms imposed shall run consecutively to the  said  undischarged
  term,  such additional term or terms shall commence when the prisoner is
  received in the appropriate institution as provided in subdivisions  one
  and two of this section. The term or terms of such imprisonment shall be
  calculated  and  such other pertinent provisions of this section applied
  in the same manner as where a person is under more than one sentence  in
  this state as provided in this section.
    * 3.  Jail  time.  The  term  of  a  definite  sentence, a determinate
  sentence, or the maximum term of an indeterminate sentence imposed on  a
  person  shall  be credited with and diminished by the amount of time the
  person spent in custody prior to the commencement of such sentence as  a
  result  of the charge that culminated in the sentence. In the case of an
  indeterminate sentence, if the minimum period of imprisonment  has  been
  fixed  by  the court or by the board of parole, the credit shall also be
  applied against the minimum period. The credit herein provided shall  be
  calculated  from the date custody under the charge commenced to the date
  the sentence commences and shall not include any time that  is  credited
  against  the  term or maximum term of any previously imposed sentence or
  period of post-release supervision to which the person is subject. Where
  the charge or charges culminate in more than one  sentence,  the  credit
  shall be applied as follows:
    (a)  If  the  sentences  run concurrently, the credit shall be applied
  against each such sentence;
    (b) If the sentences run consecutively, the credit  shall  be  applied
  against  the  aggregate  term or aggregate maximum term of the sentences
  and against the aggregate minimum period of imprisonment.
    In any case where a person has been in custody due to  a  charge  that
  culminated in a dismissal or an acquittal, the amount of time that would
  have  been  credited  against  a  sentence for such charge, had one been
  imposed, shall be credited against any  sentence  that  is  based  on  a
  charge  for which a warrant or commitment was lodged during the pendency
  of such custody.
    * NB Effective until September 1, 2017
    * 3. Jail time. The term of a definite sentence or the maximum term of
  an indeterminate sentence imposed on a person shall be credited with and
  diminished  by  the  amount of time the person spent in custody prior to
  the commencement of such  sentence  as  a  result  of  the  charge  that
  culminated in the sentence. In the case of an indeterminate sentence, if
  the minimum period of imprisonment has been fixed by the court or by the
  board  of  parole,  the credit shall also be applied against the minimum
  period. The credit herein provided shall be  calculated  from  the  date
  custody  under  the  charge commenced to the date the sentence commences
  and shall not include any time that is  credited  against  the  term  or
  maximum   term   of   any  previously  imposed  sentence  or  period  of
  post-release supervision to which  the  person  is  subject.  Where  the
  charge  or charges culminate in more than one sentence, the credit shall
  be applied as follows:
    (a) If the sentences run concurrently, the  credit  shall  be  applied
  against each such sentence;
    (b)  If  the  sentences run consecutively, the credit shall be applied
  against the aggregate term or aggregate maximum term  of  the  sentences
  and against the aggregate minimum period of imprisonment.
    In  any  case  where a person has been in custody due to a charge that
  culminated in a dismissal or an acquittal, the amount of time that would
  have been credited against a sentence for  such  charge,  had  one  been
  imposed,  shall  be  credited  against  any  sentence that is based on a
  charge for which a warrant or commitment was lodged during the  pendency
  of such custody.
    * NB Effective September 1, 2017
    * 4.  Good  behavior  time.  Time allowances earned for good behavior,
  pursuant to the provisions of the correction law, shall be computed  and
  applied as follows:
    (a)  In  the  case of a person serving an indeterminate or determinate
  sentence, the total of such allowances shall be calculated  as  provided
  in  section eight hundred three of the correction law and the allowances
  shall be applied as provided in paragraph  (b)  of  subdivision  one  of
  section 70.40;
    (b)  In the case of a person serving a definite sentence, the total of
  such allowances shall not exceed one-third of his term or aggregate term
  and the allowances shall be applied as a credit against such term.
    * NB Effective until September 1, 2017
    * 4. Good behavior time. Time allowances  earned  for  good  behavior,
  pursuant  to the provisions of the correction law, shall be computed and
  applied as follows:
    (a) In the case of a person serving  an  indeterminate  sentence,  the
  total  of  such  allowances shall not exceed one-third of his maximum or
  aggregate maximum term and the allowances shall be applied  as  provided
  in subdivision one (b) of section 70.40;
    (b)  In the case of a person serving a definite sentence, the total of
  such allowances shall not exceed one-third of his term or aggregate term
  and the allowances shall be applied as a credit against such term.
    * NB Effective September 1, 2017
    5. Time served under vacated sentence. When a sentence of imprisonment
  that has been imposed on a person is  vacated  and  a  new  sentence  is
  imposed  on  such  person  for the same offense, or for an offense based
  upon the same act, the new sentence shall be calculated  as  if  it  had
  commenced  at  the  time  the  vacated  sentence commenced, and all time
  credited against the vacated sentence shall be credited against the  new
  sentence. In any case where a vacated sentence also includes a period of
  post-release  supervision,  all  time  credited  against  the  period of
  post-release  supervision  shall  be  credited  against  the  period  of
  post-release  supervision included with the new sentence. In the event a
  period  of  post-release  supervision  is  not  included  with  the  new
  sentence, such period shall be credited against the new sentence.
    6.  Escape.  When  a  person who is serving a sentence of imprisonment
  escapes from custody, the escape shall interrupt the sentence  and  such
  interruption  shall  continue  until  the  return  of  the person to the
  institution in which the sentence was being served or, if  the  sentence
  was  being  served in an institution under the jurisdiction of the state
  department of corrections and community supervision, to  an  institution
  under the jurisdiction of that department. Any time spent by such person
  in  custody  from  the  date  of escape to the date the sentence resumes
  shall be credited against the term or maximum term  of  the  interrupted
  sentence, provided:
    (a) That such custody was due to an arrest or surrender based upon the
  escape; or
    (b)  That  such  custody  arose from an arrest on another charge which
  culminated in a dismissal or an acquittal; or
    (c) That such custody arose from an arrest  on  another  charge  which
  culminated  in  a  conviction,  but  in  such  case,  if  a  sentence of
  imprisonment was imposed, the credit allowed shall  be  limited  to  the
  portion  of  the  time spent in custody that exceeds the period, term or
  maximum term of imprisonment imposed for such conviction.
    * 7. Absconding from temporary release or  furlough  program.  When  a
  person  who  is serving a sentence of imprisonment is permitted to leave
  an institution to participate in a program of work release  or  furlough
  program as such term is defined in section six hundred thirty-one of the
  correction  law, or in the case of an institution under the jurisdiction
  of the state department of corrections and community  supervision  or  a
  facility  under  the  jurisdiction  of  the state office of children and
  family services to participate in a program of temporary release,  fails
  to  return  to  the  institution  or  facility  at  or  before  the time
  prescribed for his or her  return,  such  failure  shall  interrupt  the
  sentence  and  such  interruption shall continue until the return of the
  person to the institution in which the sentence was being served or,  if
  the  sentence  was being served in an institution under the jurisdiction
  of the state department of corrections and community  supervision  or  a
  facility  under  the  jurisdiction  of  the state office of children and
  family services  to  an  institution  under  the  jurisdiction  of  that
  department or a facility under the jurisdiction of that office. Any time
  spent  by  such  person  in  an  institution from the date of his or her
  failure to return to the date his  or  her  sentence  resumes  shall  be
  credited  against  the term or maximum term of the interrupted sentence,
  provided:
    (a) That such incarceration was due to an arrest  or  surrender  based
  upon the failure to return; or
    (b)  That  such  incarceration  arose from an arrest on another charge
  which culminated in a dismissal or an acquittal; or
    (c) That such custody arose from an arrest  on  another  charge  which
  culminated  in  a  conviction,  but  in  such  case,  if  a  sentence of
  imprisonment was imposed, the credit allowed shall  be  limited  to  the
  portion  of  the  time spent in custody that exceeds the period, term or
  maximum term of imprisonment imposed for such conviction.
    * NB Expires September 1, 2017

* S 70.35 Merger of certain definite and indeterminate or determinate
            sentences.
  The  service  of  an  indeterminate   or   determinate   sentence   of
  imprisonment shall satisfy any definite sentence of imprisonment imposed
  on a person for an offense committed prior to the time the indeterminate
  or determinate sentence was imposed, except as provided in paragraph (b)
  of  subdivision  five  of section 70.25 of this article. A person who is
  serving a definite sentence at the time an indeterminate or  determinate
  sentence  is  imposed  shall  be  delivered  to the custody of the state
  department of corrections and community supervision to commence  service
  of  the  indeterminate  or  determinate  sentence immediately unless the
  person is serving a definite  sentence  pursuant  to  paragraph  (b)  of
  subdivision five of section 70.25 of this article. In any case where the
  indeterminate  or determinate sentence is revoked or vacated, the person
  shall receive credit against the definite sentence for each day spent in
  the custody  of  the  state  department  of  corrections  and  community
  supervision.
    * NB Effective until September 1, 2017
  * S 70.35 Merger of certain definite and indeterminate sentences.
    The service of an indeterminate sentence of imprisonment shall satisfy
  any definite sentence of imprisonment imposed on a person for an offense
  committed  prior  to  the  time  the indeterminate sentence was imposed,
  except as provided in paragraph (b) of subdivision five of section 70.25
  of this article. A person who is serving a definite sentence at the time
  an indeterminate sentence is imposed shall be delivered to  the  custody
  of  the  state  department  of  corrections and community supervision to
  commence service of the indeterminate sentence  immediately  unless  the
  person  is  serving  a  definite  sentence  pursuant to paragraph (b) of
  subdivision five of section 70.25 of this article. In any case where the
  indeterminate sentence is revoked or vacated, the person  shall  receive
  credit  against  the definite sentence for each day spent in the custody
  of the state department of corrections and community supervision.
    * NB Effective September 1, 2017

S 70.40 Release on parole; conditional release; presumptive release.
  1. Indeterminate sentence.
    * (a)  Release on parole shall be in the discretion of the state board
  of parole, and such person shall continue service of his or her sentence
  or sentences while on parole, in accordance  with  and  subject  to  the
  provisions of the executive law and the correction law.
    (i)  A  person  who  is  serving  one  or  more than one indeterminate
  sentence of imprisonment may be paroled from the institution in which he
  or she is confined at any time after the expiration of  the  minimum  or
  the  aggregate  minimum  period  of  the sentence or sentences or, where
  applicable, the minimum or aggregate minimum period reduced by the merit
  time allowance granted pursuant to paragraph (d) of subdivision  one  of
  section eight hundred three of the correction law.
    (ii) A person who is serving one or more than one determinate sentence
  of imprisonment shall be ineligible for discretionary release on parole.
    (iii)  A  person  who  is  serving  one or more than one indeterminate
  sentence of imprisonment and one or more than one  determinate  sentence
  of imprisonment, which run concurrently may be paroled at any time after
  the   expiration   of   the   minimum  period  of  imprisonment  of  the
  indeterminate  sentence  or  sentences,  or  upon  the   expiration   of
  six-sevenths  of the term of imprisonment of the determinate sentence or
  sentences, whichever is later.
    (iv) A person who is  serving  one  or  more  than  one  indeterminate
  sentence  of  imprisonment and one or more than one determinate sentence
  of imprisonment which run consecutively may be paroled at any time after
  the expiration of the sum of the minimum or aggregate minimum period  of
  the  indeterminate sentence or sentences and six-sevenths of the term or
  aggregate term of imprisonment of the determinate sentence or sentences.
    (v) Notwithstanding any other subparagraph of this paragraph, a person
  may be paroled from the institution in which he or she  is  confined  at
  any  time on medical parole pursuant to section two hundred fifty-nine-r
  or section  two  hundred  fifty-nine-s  of  the  executive  law  or  for
  deportation  pursuant to paragraph (d) of subdivision two of section two
  hundred fifty-nine-i of  the  executive  law  or  after  the  successful
  completion   of  a  shock  incarceration  program  pursuant  to  article
  twenty-six-A of the correction law.
    * NB Effective until September 1, 2017
    * (a) (i) A person who is serving one or more than  one  indeterminate
  sentence of imprisonment may be paroled from the institution in which he
  or  she  is  confined at any time after the expiration of the minimum or
  the  aggregate  minimum  period  of  imprisonment  of  the  sentence  or
  sentences  or  after  the successful completion of a shock incarceration
  program, as defined in  article  twenty-six-A  of  the  correction  law,
  whichever is sooner. Release on parole shall be in the discretion of the
  state  board of parole, and such person shall continue service of his or
  her sentence or sentences  while  on  parole,  in  accordance  with  and
  subject to the provisions of the executive law and the correction law.
    (ii)  A  person  who  is  serving  one  or more than one indeterminate
  sentence of imprisonment may be paroled from the institution in which he
  or she is confined at any time after the expiration of  the  minimum  or
  the aggregate minimum period of the sentence or sentences.
    * NB Effective September 1, 2017
    * (b)  A  person  who is serving one or more than one indeterminate or
  determinate sentence of imprisonment shall, if he or she so requests, be
  conditionally released from the  institution  in  which  he  or  she  is
  confined  when  the  total  good  behavior  time  allowed to him or her,
  pursuant to the provisions of  the  correction  law,  is  equal  to  the
  unserved  portion  of his or her term, maximum term or aggregate maximum
  term; provided, however, that (i) in no event shall a person serving one
  or  more  indeterminate  sentence  of  imprisonment  and  one  or   more
  determinate   sentence   of   imprisonment  which  run  concurrently  be
  conditionally  released  until  serving  at  least  six-sevenths  of the
  determinate term of imprisonment which has the longest unexpired time to
  run and (ii) in no event shall a person be conditionally released  prior
  to  the  date  on  which such person is first eligible for discretionary
  parole release. The conditions of  release,  including  those  governing
  post-release  supervision,  shall be such as may be imposed by the state
  board of parole in accordance with the provisions of the executive law.
    Every person so released shall be under the supervision of  the  state
  department  of  corrections and community supervision for a period equal
  to the unserved portion of the term,  maximum  term,  aggregate  maximum
  term, or period of post-release supervision.
    * NB Effective until September 1, 2017
    * (b)  A  person  who  is  serving  one or more than one indeterminate
  sentence  of  imprisonment  shall,  if  he  or  she  so   requests,   be
  conditionally  released  from  the  institution  in  which  he or she is
  confined when the total good  behavior  time  allowed  to  him  or  her,
  pursuant  to  the  provisions  of  the  correction  law, is equal to the
  unserved portion of his or her maximum or aggregate  maximum  term.  The
  conditions   of   release,   including   those   governing  post-release
  supervision, shall be such as may be  imposed  by  the  state  board  of
  parole in accordance with the provisions of the executive law.
    Every  person  so  released  shall  be  under  the  supervision of the
  department of corrections and community supervision for a  period  equal
  to  the  unserved  portion  of  the  maximum, aggregate maximum term, or
  period of post-release supervision.
    * NB Effective September 1, 2017
    * (c) A person who is serving  one  or  more  than  one  indeterminate
  sentence  of  imprisonment  shall, if he or she so requests, be released
  from the  institution  in  which  he  or  she  is  confined  if  granted
  presumptive  release  pursuant  to  section  eight  hundred  six  of the
  correction law. The conditions of  release  shall  be  such  as  may  be
  imposed  by  the state board of parole in accordance with the provisions
  of the executive law. Every  person  so  released  shall  be  under  the
  supervision  of  the department of corrections and community supervision
  for a period equal to the unserved portion of  his  or  her  maximum  or
  aggregate maximum term unless discharged in accordance with law.
    * NB Repealed September 1, 2017
    2.  Definite  sentence.  A  person who is serving one or more than one
  definite sentence of imprisonment with  a  term  or  aggregate  term  in
  excess  of  ninety  days,  and  is eligible for release according to the
  criteria set forth in paragraphs (a), (b) and (c) of subdivision one  of
  section  two  hundred seventy-three of the correction law, may, if he or
  she so requests, be conditionally released from the institution in which
  he or she is confined at any time after service of sixty  days  of  that
  term,  exclusive  of  credits allowed under subdivisions four and six of
  section 70.30. In computing service of sixty days,  the  credit  allowed
  for  jail  time  under  subdivision  three  of  section  70.30  shall be
  calculated as time served. Conditional  release  from  such  institution
  shall  be  in the discretion of the parole board, or a local conditional
  release  commission  established  pursuant  to  article  twelve  of  the
  correction  law, provided, however that where such release is by a local
  conditional release commission, the person must be  serving  a  definite
  sentence  with  a term in excess of one hundred twenty days and may only
  be released after service of ninety days  of  such  term.  In  computing
  service  of  ninety  days,  the  credit  allowed  for  jail  time  under
  subdivision three of section 70.30 of this article shall  be  calculated
  as  time  served.  A  conditional release granted under this subdivision
  shall be upon such conditions as may be imposed by the parole board,  in
  accordance  with  the  provisions  of  the  executive  law,  or  a local
  conditional release commission in accordance with the provisions of  the
  correction law.
    Conditional  release  shall  interrupt  service  of  the  sentence  or
  sentences and the remaining portion of the term or aggregate term  shall
  be  held  in  abeyance.  Every  person  so  released  shall be under the
  supervision of the department of corrections and  community  supervision
  or  a  local  probation  department  and  in  the  custody  of the local
  conditional release commission in accordance with article twelve of  the
  correction law, for a period of one year. The local probation department
  shall  cause complete records to be kept of every person released to its
  supervision pursuant to this subdivision. The department of  corrections
  and community supervision may supply to a local probation department and
  the local conditional release commission custody information and records
  maintained  on  persons  under  the  supervision of such local probation
  department   to   aid   in   the   performance   of   its    supervision
  responsibilities.  Compliance  with the conditions of release during the
  period of supervision shall satisfy the portion of the term or aggregate
  term that has been held in abeyance.
    3. Delinquency. (a) When a person is  alleged  to  have  violated  the
  terms of presumptive release or parole and the state board of parole has
  declared  such  person  to be delinquent, the declaration of delinquency
  shall interrupt the person's sentence as of the date of the  delinquency
  and  such  interruption shall continue until the return of the person to
  an institution  under  the  jurisdiction  of  the  state  department  of
  corrections and community supervision.
    (b)  When a person is alleged to have violated the terms of his or her
  conditional release or post-release supervision and  has  been  declared
  delinquent  by  the  parole  board  or  the  local  conditional  release
  commission having supervision  over  such  person,  the  declaration  of
  delinquency  shall  interrupt  the period of supervision or post-release
  supervision as of  the  date  of  the  delinquency.  For  a  conditional
  release, such interruption shall continue until the return of the person
  to  the  institution  from which he or she was released or, if he or she
  was released from an institution under the  jurisdiction  of  the  state
  department  of  corrections and community supervision, to an institution
  under the jurisdiction of that department. Upon such return, the  person
  shall  resume  service  of his or her sentence. For a person released to
  post-release supervision, the provisions of section 70.45 shall apply.
    (c) Any time spent by a person in custody from the time of delinquency
  to the time service of the sentence resumes shall  be  credited  against
  the term or maximum term of the interrupted sentence, provided:
    (i) that such custody was due to an arrest or surrender based upon the
  delinquency; or
    (ii)  that  such  custody arose from an arrest on another charge which
  culminated in a dismissal or an acquittal; or
    (iii) that such custody arose from an arrest on another  charge  which
  culminated  in  a  conviction,  but  in  such  case,  if  a  sentence of
  imprisonment was imposed, the credit allowed shall  be  limited  to  the
  portion  of  the  time spent in custody that exceeds the period, term or
  maximum term of imprisonment imposed for such conviction.

S 70.45 Determinate sentence; post-release supervision.
  1. In general. When a court imposes a determinate sentence it shall in
  each  case  state  not  only  the  term  of  imprisonment,  but  also an
  additional period of post-release supervision as determined pursuant  to
  this article. Such period shall commence as provided in subdivision five
  of  this  section  and  a  violation  of  any  condition  of supervision
  occurring at any time during such  period  of  post-release  supervision
  shall  subject  the  defendant to a further period of imprisonment up to
  the balance of the remaining period of post-release supervision, not  to
  exceed five years; provided, however, that a defendant serving a term of
  post-release  supervision  for  a conviction of a felony sex offense, as
  defined in section 70.80 of this article, may be subject  to  a  further
  period  of  imprisonment  up  to  the balance of the remaining period of
  post-release supervision. Such  maximum  limits  shall  not  preclude  a
  longer  period  of  further  imprisonment  for  a  violation  where  the
  defendant is subject to indeterminate and determinate sentences.
    1-a. When, following a final  hearing,  a  time  assessment  has  been
  imposed  upon  a person convicted of a felony sex offense who owes three
  years or more on a period of post-release supervision, imposed  pursuant
  to  subdivision  two-a  of  this  section, such defendant, after serving
  three years of the time assessment, shall be reviewed by  the  board  of
  parole  and  may  be re-released to post-release supervision only upon a
  determination by the board of parole made in accordance with subdivision
  two of section  two  hundred  fifty-nine-i  of  the  executive  law.  If
  re-release  is not granted, the board shall specify a date not more than
  twenty-four months from such determination for reconsideration, and  the
  procedures  to  be followed upon reconsideration shall be the same. If a
  time assessment of  less  than  three  years  is  imposed  upon  such  a
  defendant,  the  defendant shall be released upon the expiration of such
  time assessment, unless he or she is subject to further imprisonment  or
  confinement under any provision of law.
    2.  Period  of  post-release  supervision  for  other  than felony sex
  offenses. The period  of  post-release  supervision  for  a  determinate
  sentence,  other  than  a  determinate sentence imposed for a felony sex
  offense as defined in paragraph (a) of subdivision one of section  70.80
  of this article, shall be five years except that:
    (a)  such  period shall be one year whenever a determinate sentence of
  imprisonment is imposed pursuant to subdivision two of section 70.70  of
  this article upon a conviction of a class D or class E felony offense;
    (b)  such  period  shall  be  not less than one year nor more than two
  years  whenever  a  determinate  sentence  of  imprisonment  is  imposed
  pursuant  to  subdivision  two  of  section 70.70 of this article upon a
  conviction of a class B or class C felony offense;
    (c) such period shall be not less than one  year  nor  more  than  two
  years  whenever  a  determinate  sentence  of  imprisonment  is  imposed
  pursuant to subdivision three or four of section 70.70 of  this  article
  upon conviction of a class D or class E felony offense;
    (d) such period shall be not less than one and one-half years nor more
  than  three  years  whenever  a  determinate sentence of imprisonment is
  imposed pursuant to subdivision three or four of section 70.70  of  this
  article upon conviction of a class B felony or class C felony offense;
    (e) such period shall be not less than one and one-half years nor more
  than  three  years  whenever  a  determinate sentence of imprisonment is
  imposed pursuant to subdivision three of section 70.02 of  this  article
  upon a conviction of a class D or class E violent felony offense;
    (f) such period shall be not less than two and one-half years nor more
  than  five  years  whenever  a  determinate  sentence of imprisonment is
  imposed pursuant to subdivision three of section 70.02 of  this  article
  upon a conviction of a class B or class C violent felony offense.
    2-a.  Periods of post-release supervision for felony sex offenses. The
  period of post-release supervision for a  determinate  sentence  imposed
  for  a felony sex offense as defined in paragraph (a) of subdivision one
  of section 70.80 of this article shall be as follows:
    (a) not less than three years nor  more  than  ten  years  whenever  a
  determinate  sentence of imprisonment is imposed pursuant to subdivision
  four of section 70.80 of this article upon a conviction of a class D  or
  class E felony sex offense;
    (b)  not  less  than five years nor more than fifteen years whenever a
  determinate sentence of imprisonment is imposed pursuant to  subdivision
  four  of  section  70.80  of this article upon a conviction of a class C
  felony sex offense;
    (c) not less than five years nor more than  twenty  years  whenever  a
  determinate  sentence of imprisonment is imposed pursuant to subdivision
  four of section 70.80 of this article upon a conviction  of  a  class  B
  felony sex offense;
    (d)  not  less  than  three  years  nor more than ten years whenever a
  determinate sentence is imposed pursuant to subdivision three of section
  70.02 of this article upon a conviction of a class D or class E  violent
  felony  sex  offense  as  defined in paragraph (b) of subdivision one of
  section 70.80 of this article;
    (e) not less than five years nor more than fifteen  years  whenever  a
  determinate sentence is imposed pursuant to subdivision three of section
  70.02  of this article upon a conviction of a class C violent felony sex
  offense as defined in section 70.80 of this article;
    (f) not less than five years nor more than  twenty  years  whenever  a
  determinate sentence is imposed pursuant to subdivision three of section
  70.02  of this article upon a conviction of a class B violent felony sex
  offense as defined in section 70.80 of this article;
    (g) not less than five years nor more than fifteen  years  whenever  a
  determinate  sentence  of  imprisonment  is  imposed  pursuant to either
  section 70.04, section 70.06, or subdivision five of  section  70.80  of
  this  article  upon  a  conviction  of  a  class D or class E violent or
  non-violent felony sex offense as  defined  in  section  70.80  of  this
  article;
    (h)  not  less  than seven years nor more than twenty years whenever a
  determinate sentence of  imprisonment  is  imposed  pursuant  to  either
  section  70.04,  section  70.06, or subdivision five of section 70.80 of
  this article upon a conviction of  a  class  C  violent  or  non-violent
  felony sex offense as defined in section 70.80 of this article;
    (i)  such  period  shall  be  not  less  than  ten years nor more than
  twenty-five years whenever a determinate  sentence  of  imprisonment  is
  imposed  pursuant to either section 70.04, section 70.06, or subdivision
  five of section 70.80 of this article upon a conviction  of  a  class  B
  violent or non-violent felony sex offense as defined in section 70.80 of
  this article; and
    (j)  such period shall be not less than ten years nor more than twenty
  years whenever any  determinate  sentence  of  imprisonment  is  imposed
  pursuant to subdivision four of section 70.07 of this article.
    3.  Conditions  of post-release supervision. The board of parole shall
  establish and impose conditions of post-release supervision in the  same
  manner  and to the same extent as it may establish and impose conditions
  in accordance with the executive law upon persons who are granted parole
  or  conditional  release;  provided  that,  notwithstanding  any   other
  provision  of  law,  the  board  of  parole may impose as a condition of
  post-release supervision that for a  period  not  exceeding  six  months
  immediately  following  release from the underlying term of imprisonment
  the person be transferred to  and  participate  in  the  programs  of  a
  residential  treatment  facility  as that term is defined in subdivision
  six  of  section  two  of  the  correction  law.  Upon  release from the
  underlying term of imprisonment, the person shall be  furnished  with  a
  written   statement   setting   forth  the  conditions  of  post-release
  supervision in sufficient detail to provide for the person's conduct and
  supervision.
    4. Revocation of post-release supervision. An alleged violation of any
  condition of post-release supervision  shall  be  initiated,  heard  and
  determined  in  accordance with the provisions of subdivisions three and
  four of section two hundred fifty-nine-i of the executive law.
    5. Calculation of service of period  of  post-release  supervision.  A
  period  or  periods  of post-release supervision shall be calculated and
  served as follows:
    (a) A period of  post-release  supervision  shall  commence  upon  the
  person's  release  from imprisonment to supervision by the department of
  corrections and community supervision and shall interrupt the running of
  the  determinate  sentence  or  sentences  of   imprisonment   and   the
  indeterminate  sentence  or  sentences  of  imprisonment,  if  any.  The
  remaining portion of any maximum or aggregate maximum term shall then be
  held in abeyance until  the  successful  completion  of  the  period  of
  post-release  supervision  or  the person's return to the custody of the
  department of corrections and community  supervision,  whichever  occurs
  first.
    (b) Upon the completion of the period of post-release supervision, the
  running  of  such sentence or sentences of imprisonment shall resume and
  only then shall the  remaining  portion  of  any  maximum  or  aggregate
  maximum term previously held in abeyance be credited with and diminished
  by  such  period  of  post-release supervision. The person shall then be
  under the jurisdiction of the department of  corrections  and  community
  supervision  for  the  remaining  portion  of  such maximum or aggregate
  maximum term.
    (c) When a person is subject to two or more  periods  of  post-release
  supervision, such periods shall merge with and be satisfied by discharge
  of  the  period of post-release supervision having the longest unexpired
  time to run; provided, however, any  time  served  upon  one  period  of
  post-release  supervision  shall  not be credited to any other period of
  post-release supervision except  as  provided  in  subdivision  five  of
  section 70.30 of this article.
    (d)  When  a  person  is  alleged  to  have  violated  a  condition of
  post-release supervision and the department of corrections and community
  supervision  has  declared  such  person  to  be  delinquent:  (i)   the
  declaration  of  delinquency  shall interrupt the period of post-release
  supervision; (ii) such interruption shall continue until the  person  is
  restored to post-release supervision; (iii) if the person is restored to
  post-release  supervision  without  being  returned to the department of
  corrections and community supervision, any time spent  in  custody  from
  the  date  of  delinquency until restoration to post-release supervision
  shall first be credited to the maximum or aggregate maximum term of  the
  sentence or sentences of imprisonment, but only to the extent authorized
  by subdivision three of section 70.40 of this article. Any time spent in
  custody  solely  pursuant  to  such  delinquency after completion of the
  maximum or aggregate maximum  term  of  the  sentence  or  sentences  of
  imprisonment   shall   be   credited   to  the  period  of  post-release
  supervision, if any; and (iv) if the person is ordered returned  to  the
  department of corrections and community supervision, the person shall be
  required  to  serve  the  time  assessment  before  being re-released to
  post-release supervision. In the event  the  balance  of  the  remaining
  period  of  post-release  supervision  is  six months or less, such time
  assessment may be up to six months unless a longer period is  authorized
  pursuant  to  subdivision one of this section. The time assessment shall
  commence upon the issuance of a determination after a final hearing that
  the person has violated one or more  conditions  of  supervision.  While
  serving  such assessment, the person shall not receive any good behavior
  allowance pursuant to section eight hundred three of the correction law.
  Any time spent in custody from the date of delinquency until  return  to
  the  department  of corrections and community supervision shall first be
  credited to the maximum or aggregate maximum term  of  the  sentence  or
  sentences  of  imprisonment,  but  only  to  the  extent  authorized  by
  subdivision three of section 70.40  of  this  article.  The  maximum  or
  aggregate  maximum  term  of  the  sentence or sentences of imprisonment
  shall run while the person  is  serving  such  time  assessment  in  the
  custody  of the department of corrections and community supervision. Any
  time  spent  in  custody  solely  pursuant  to  such  delinquency  after
  completion  of  the maximum or aggregate maximum term of the sentence or
  sentences  of  imprisonment  shall  be  credited  to   the   period   of
  post-release supervision, if any.
    (e)  Notwithstanding paragraph (d) of this subdivision, in the event a
  person  is  sentenced  to  one  or  more  additional  indeterminate   or
  determinate term or terms of imprisonment prior to the completion of the
  period   of   post-release  supervision,  such  period  of  post-release
  supervision shall be held in abeyance and the person shall be  committed
  to   the   custody  of  the  department  of  corrections  and  community
  supervision in  accordance  with  the  requirements  of  the  prior  and
  additional terms of imprisonment.
    (f)  When  a  person  serving  a period of post-release supervision is
  returned to the department  of  corrections  and  community  supervision
  pursuant  to  an  additional  consecutive  sentence  of imprisonment and
  without a  declaration  of  delinquency,  such  period  of  post-release
  supervision shall be held in abeyance while the person is in the custody
  of  the department of corrections and community supervision. Such period
  of post-release supervision  shall  resume  running  upon  the  person's
  re-release.

S 70.70 Sentence  of  imprisonment for felony drug offender other than a
        class A felony.
    1. For the purposes of this section, the following terms shall mean:
    (a) "Felony drug offender" means a defendant who stands  convicted  of
  any  felony,  defined  in  article  two  hundred  twenty  or two hundred
  twenty-one of this chapter other than a class A felony.
    (b) "Second felony drug offender" means a second  felony  offender  as
  that  term  is  defined  in  subdivision  one  of  section 70.06 of this
  article, who stands convicted of any  felony,  defined  in  article  two
  hundred  twenty  or  two hundred twenty-one of this chapter other than a
  class A felony.
    (c) "Violent felony" shall have the  same  meaning  as  that  term  is
  defined in subdivision one of section 70.02 of this article.
    2.  Except as provided in subdivision three or four of this section, a
  sentence  of  imprisonment  for  a  felony  drug  offender  shall  be  a
  determinate sentence as provided in paragraph (a) of this subdivision.
    (a)  Term of determinate sentence. Except as provided in paragraph (b)
  or (c) of this subdivision, the court shall impose a determinate term of
  imprisonment upon a felony drug offender which shall be imposed  by  the
  court  in  whole  or half years, which shall include as a part thereof a
  period of post-release supervision in accordance with section  70.45  of
  this  article. The terms of imprisonment authorized for such determinate
  sentences are as follows:
    (i) for a class B felony, the term shall be  at  least  one  year  and
  shall  not  exceed  nine  years,  except  that for the class B felony of
  criminal sale of a controlled substance in or  near  school  grounds  as
  defined  in  subdivision  two  of section 220.44 of this chapter or on a
  school bus as defined in subdivision seventeen of section 220.00 of this
  chapter or criminal sale of a controlled substance to a child as defined
  in section 220.48 of this chapter, the term shall be at least two  years
  and shall not exceed nine years;
    (ii)  for  a  class  C felony, the term shall be at least one year and
  shall not exceed five and one-half years;
    (iii) for a class D felony, the term shall be at least  one  year  and
  shall not exceed two and one-half years; and
    (iv)  for  a  class  E felony, the term shall be at least one year and
  shall not exceed one and one-half years.
    (b) Probation. Notwithstanding any other provision of law,  the  court
  may  sentence  a  defendant  convicted of a class B, class C, class D or
  class E felony offense defined in article  two  hundred  twenty  or  two
  hundred  twenty-one  of this chapter to probation in accordance with the
  provisions of sections 60.04 and 65.00 of this chapter.
    (c) Alternative definite sentence for class B, class C, class  D,  and
  class  E  felonies.  If  the  court,  having  regard  to  the nature and
  circumstances of the crime and to  the  history  and  character  of  the
  defendant,  is  of  the  opinion  that  a  sentence  of  imprisonment is
  necessary but that it would be unduly  harsh  to  impose  a  determinate
  sentence upon a person convicted of a class C, class D or class E felony
  offense  defined in article two hundred twenty or two hundred twenty-one
  of this chapter, or a class B felony  defined  in  article  two  hundred
  twenty of this chapter, other than the class B felony defined in section
  220.48  of  this  chapter,  as  added  by  a  chapter of the laws of two
  thousand nine the court may impose a definite sentence  of  imprisonment
  and fix a term of one year or less.
    (d)  The  court  may  direct  that a determinate sentence imposed on a
  defendant convicted of a class B felony, other than the class  B  felony
  defined  in section 220.48 of this chapter, pursuant to this subdivision
  be executed as a sentence  of  parole  supervision  in  accordance  with
  section 410.91 of the criminal procedure law.
    3. Sentence of imprisonment for second felony drug offender.
    (a)  Applicability.  This  subdivision  shall apply to a second felony
  drug offender whose prior felony conviction was not a violent felony.
    (b) Authorized sentence. Except as provided in paragraphs (c), (d) and
  (e) of this subdivision, when  the  court  has  found  pursuant  to  the
  provisions  of  section  400.21  of  the  criminal  procedure law that a
  defendant is a second felony drug offender who  stands  convicted  of  a
  class  B,  class C, class D or class E felony offense defined in article
  two hundred twenty or two hundred twenty-one of this chapter  the  court
  shall  impose  a  determinate sentence of imprisonment. Such determinate
  sentence shall include as  a  part  thereof  a  period  of  post-release
  supervision  in accordance with section 70.45 of this article. The terms
  of such determinate sentence shall be imposed by the court in  whole  or
  half years as follows:
    (i)  for  a  class  B felony, the term shall be at least two years and
  shall not exceed twelve years;
    (ii) for a class C felony, the term shall be at least one and one-half
  years and shall not exceed eight years;
    (iii) for a class D felony,  the  term  shall  be  at  least  one  and
  one-half years and shall not exceed four years; and
    (iv) for a class E felony, the term shall be at least one and one-half
  years and shall not exceed two years.
    (c)  Probation.  Notwithstanding any other provision of law, the court
  may sentence a second felony drug offender convicted of a class B felony
  to lifetime probation in accordance with the provisions of section 65.00
  of this chapter and may sentence a second felony drug offender convicted
  of a class C, class D or class E felony to probation in accordance  with
  the provisions of section 65.00 of this chapter.
    (d)  Sentence of parole supervision. In the case of a person sentenced
  for a specified offense or offenses as defined in  subdivision  five  of
  section 410.91 of the criminal procedure law, who stands convicted of no
  other  felony offense, who has not previously been convicted of either a
  violent felony offense as defined in section 70.02 of  this  article,  a
  class A felony offense or a class B felony offense, and is not under the
  jurisdiction  of  or awaiting delivery to the department of correctional
  services, the court may  direct  that  a  determinate  sentence  imposed
  pursuant  to  this subdivision shall be executed as a parole supervision
  sentence as defined in and pursuant  to  the  procedures  prescribed  in
  section 410.91 of the criminal procedure law.
    (e)  Alternate  definite  sentence  for  class  C, class D and class E
  felonies. If the court, having regard to the nature and circumstances of
  the crime and to the history and character of the defendant, is  of  the
  opinion  that  a sentence of imprisonment is necessary but that it would
  be unduly harsh to impose a determinate sentence upon a person convicted
  of a class C, class D or class E felony offense defined in  article  two
  hundred  twenty or two hundred twenty-one of this chapter, the court may
  impose a definite sentence of imprisonment and fix a term of one year or
  less.
    4. Sentence of imprisonment for second felony drug offender previously
  convicted of a violent felony.
    (a) Applicability. This subdivision shall apply  to  a  second  felony
  drug offender whose prior felony conviction was a violent felony.
    (b)  Authorized  sentence.  When  the  court has found pursuant to the
  provisions of section 400.21  of  the  criminal  procedure  law  that  a
  defendant is a second felony drug offender whose prior felony conviction
  was  a violent felony, who stands convicted of a class B, class C, class
  D or class E felony offense defined in article two hundred twenty or two
  hundred twenty-one of this chapter, the court shall impose a determinate
  sentence of imprisonment. Such determinate sentence shall include  as  a
  part  thereof  a  period  of post-release supervision in accordance with
  section 70.45 of this article. The terms of  such  determinate  sentence
  shall be imposed by the court in whole or half years as follows:
    (i)  for  a  class  B felony, the term shall be at least six years and
  shall not exceed fifteen years;
    (ii) for a class C felony, the  term  shall  be  at  least  three  and
  one-half years and shall not exceed nine years;
    (iii)  for  a  class  D  felony,  the  term  shall be at least two and
  one-half years and shall not exceed four and one-half years; and
    (iv) for a class E felony, the term shall be at least  two  years  and
  shall not exceed two and one-half years.

S 70.71 Sentence of imprisonment for a class A felony drug offender.
    1. For the purposes of this section, the following terms shall mean:
    (a)  "Felony  drug offender" means a defendant who stands convicted of
  any class A felony as defined in article  two  hundred  twenty  of  this
  chapter.
    (b)  "Second  felony  drug offender" means a second felony offender as
  that term is defined  in  subdivision  one  of  section  70.06  of  this
  article,  who stands convicted of and is to be sentenced for any class A
  felony as defined in article two hundred twenty of this chapter.
    (c) "Violent felony offense" shall have the same meaning as that  term
  is defined in subdivision one of section 70.02 of this article.
    2. Sentence of imprisonment for a first felony drug offender.
    (a)  Applicability.  Except  as provided in subdivision three, four or
  five of this section, this subdivision shall apply to a person convicted
  of a class A felony as defined in article two  hundred  twenty  of  this
  chapter.
    (b)  Authorized sentence. The court shall impose a determinate term of
  imprisonment which shall be imposed by the court in whole or half  years
  and  which  shall  include  as  a  part thereof a period of post-release
  supervision in accordance with section 70.45 of this article. The  terms
  authorized for such determinate sentences are as follows:
    (i) for a class A-I felony, the term shall be at least eight years and
  shall not exceed twenty years;
    (ii)  for  a class A-II felony, the term shall be at least three years
  and shall not exceed ten years.
    (c) Lifetime probation. Notwithstanding any other  provision  of  law,
  the  court  may  sentence  a  defendant convicted of a class A-II felony
  defined in article two  hundred  twenty  of  this  chapter  to  lifetime
  probation  in  accordance  with  the provisions of section 65.00 of this
  chapter.
    3. Sentence of imprisonment for a second felony drug offender.
    (a) Applicability. This subdivision shall apply  to  a  second  felony
  drug  offender  whose  prior  felony  conviction  or convictions did not
  include one or more violent felony offenses.
    (b) Authorized sentence. When the court  has  found  pursuant  to  the
  provisions  of  section  400.21  of  the  criminal  procedure law that a
  defendant is a second felony drug offender who  stands  convicted  of  a
  class  A  felony as defined in article two hundred twenty or two hundred
  twenty-one of  this  chapter,  the  court  shall  impose  a  determinate
  sentence  of  imprisonment. Such determinate sentence shall include as a
  part thereof a period of post-release  supervision  in  accordance  with
  section  70.45  of  this  article.  Such  determinate  sentence shall be
  imposed by the court in whole or half years as follows:
    (i) for a class A-I felony, the term shall be at  least  twelve  years
  and shall not exceed twenty-four years;
    (ii) for a class A-II felony, the term shall be at least six years and
  shall not exceed fourteen years.
    (c)  Lifetime  probation.  Notwithstanding any other provision of law,
  the court may sentence a defendant convicted  of  a  class  A-II  felony
  defined  in  article  two  hundred  twenty  of  this chapter to lifetime
  probation in accordance with the provisions of  section  65.00  of  this
  chapter.
    4.  Sentence  of  imprisonment  for  a  second  felony  drug  offender
  previously convicted of a violent felony offense.
    (a) Applicability. This subdivision shall apply  to  a  second  felony
  drug offender whose prior felony conviction was a violent felony.
    (b)  Authorized  sentence.  When  the  court has found pursuant to the
  provisions of section 400.21  of  the  criminal  procedure  law  that  a
  defendant is a second felony drug offender whose prior felony conviction
  was  a  violent  felony,  who  stands  convicted  of a class A felony as
  defined in article two hundred twenty or two hundred twenty-one of  this
  chapter,  the court shall impose a determinate sentence of imprisonment.
  Such determinate sentence shall include as a part thereof  a  period  of
  post-release  supervision  in  accordance  with  section  70.45  of this
  article. Such determinate sentence shall be  imposed  by  the  court  in
  whole or half years as follows:
    (i)  for  a class A-I felony, the term shall be at least fifteen years
  and shall not exceed thirty years;
    (ii) for a class A-II felony, the term shall be at least  eight  years
  and shall not exceed seventeen years.
    5. Sentence of imprisonment for operating as a major trafficker.
    (a)  Applicability. This subdivision shall apply to a person convicted
  of the class A-I felony of operating as a major trafficker as defined in
  section 220.77 of this chapter.
    (b) Authorized sentence. Except as provided in paragraph (c)  of  this
  subdivision,   the   court   shall   impose  an  indeterminate  term  of
  imprisonment for an A-I felony, in accordance  with  the  provisions  of
  section 70.00 of this article.
    (c)  Alternative determinate sentence. If a defendant stands convicted
  of violating section 220.77 of this chapter, and if  the  court,  having
  regard  to the nature and circumstances of the crime and the history and
  character of the defendant,  is  of  the  opinion  that  a  sentence  of
  imprisonment  is  necessary  but that it would be unduly harsh to impose
  the indeterminate sentence  for  a  class  A-I  felony  specified  under
  section  70.00  of  this  article,  the  court  may  instead  impose the
  determinate  sentence  of  imprisonment  authorized  by  clause  (i)  of
  subparagraph (b) of subdivision two of this section for a class A-I drug
  felony;  in  such case, the reasons for the court's opinion shall be set
  forth on the record.

S 70.80 Sentences  of  imprisonment  for  conviction  of  a  felony  sex
        offense.
    1. Definitions.
    (a) For the purposes of this section, a "felony sex offense"  means  a
  conviction  of  any felony defined in article one hundred thirty of this
  chapter,  including  a  sexually  motivated  felony,  or  patronizing  a
  prostitute  in  the  first  degree  as defined in section 230.06 of this
  chapter, incest in the second degree as defined  in  section  255.26  of
  this chapter, or incest in the first degree as defined in section 255.27
  of  this chapter, or a felony attempt or conspiracy to commit any of the
  above.
    (b) A felony sex  offense  shall  be  deemed  a  "violent  felony  sex
  offense"  if it is for an offense defined as a violent felony offense in
  section 70.02 of this article, or for a  sexually  motivated  felony  as
  defined in section 130.91 of this chapter where the specified offense is
  a violent felony offense as defined in section 70.02 of this article.
    (c)  For  the  purposes  of  this  section,  a  "predicate  felony sex
  offender" means a person who stands convicted of any felony sex  offense
  as  defined in paragraph (a) of this subdivision, other than a class A-I
  felony, after having previously been subjected to one or more  predicate
  felony  convictions  as  defined  in subdivision one of section 70.06 or
  subdivision one of section 70.04 of this article.
    (d) For purposes of this section, a "violent felony  offense"  is  any
  felony  defined in subdivision one of section 70.02 of this article, and
  a "non-violent felony offense" is any felony not defined therein.
    2. In imposing a sentence within the authorized  statutory  range  for
  any  felony sex offense, the court may consider all relevant factors set
  forth in section 1.05 of this chapter, and in particular,  may  consider
  the  defendant's  criminal history, if any, including any history of sex
  offenses; any mental  illness  or  mental  abnormality  from  which  the
  defendant  may  suffer;  the defendant's ability or inability to control
  his sexual behavior; and, if the defendant  has  difficulty  controlling
  such  behavior, the extent to which that difficulty may pose a threat to
  society.
    3. Except as provided by subdivision four, five, six, seven  or  eight
  of this section, or when a defendant is being sentenced for a conviction
  of  the  class  A-II  felonies of predatory sexual assault and predatory
  sexual assault against a child as defined in sections 130.95 and  130.96
  of  this  chapter,  or  for  any class A-I sexually motivated felony for
  which a life sentence or a life without parole sentence must be imposed,
  a sentence imposed upon a defendant convicted of a  felony  sex  offense
  shall  be  a  determinate  sentence.  The  determinate sentence shall be
  imposed by the court in whole or half years, and shall include as a part
  thereof  a  period  of  post-release  supervision  in  accordance   with
  subdivision two-a of section 70.45 of this article. Persons eligible for
  sentencing  under  section  70.07 of this article governing second child
  sexual assault felonies  shall  be  sentenced  under  such  section  and
  paragraph (j) of subdivision two-a of section 70.45 of this article.
    4.  (a)  Sentences  of imprisonment for felony sex offenses. Except as
  provided in subdivision five, six, seven, or eight of this section,  the
  term of the determinate sentence must be fixed by the court as follows:
    (i)  for  a  class  B felony, the term must be at least five years and
  must not exceed twenty-five years;
    (ii) for a class C felony,  the  term  must  be  at  least  three  and
  one-half years and must not exceed fifteen years;
    (iii)  for  a  class D felony, the term must be at least two years and
  must not exceed seven years; and
    (iv) for a class E felony, the term must be at least one and  one-half
  years and must not exceed four years.
    (b) Probation. The court may sentence a defendant convicted of a class
  D  or  class  E  felony  sex offense to probation in accordance with the
  provisions of section 65.00 of this title.
    (c) Alternative definite sentences for class D and class E felony  sex
  offenses. If the court, having regard to the nature and circumstances of
  the  crime  and to the history and character of the defendant, is of the
  opinion that a sentence of imprisonment is necessary but that  it  would
  be unduly harsh to impose a determinate sentence upon a person convicted
  of  a  class  D  or  class  E felony sex offense, the court may impose a
  definite sentence of imprisonment and fix a term of one year or less.
    5. Sentence of imprisonment for a predicate felony sex  offender.  (a)
  Applicability.  This  subdivision  shall apply to a predicate felony sex
  offender who stands convicted of a non-violent felony  sex  offense  and
  who was previously convicted of one or more felonies.
    (b)  Non-violent  predicate  felony offense. When the court has found,
  pursuant to the provisions of the criminal procedure law, that a  person
  is   a  predicate  felony  sex  offender,  and  the  person's  predicate
  conviction was for a non-violent felony offense, the court must impose a
  determinate sentence of imprisonment, the term of which must be fixed by
  the court as follows:
    (i) for a class B felony, the term must be at least  eight  years  and
  must not exceed twenty-five years;
    (ii)  for  a  class C felony, the term must be at least five years and
  must not exceed fifteen years;
    (iii) for a class D felony, the term must be at least three years  and
  must not exceed seven years; and
    (iv)  for  a  class  E felony, the term must be at least two years and
  must not exceed four years.
    (c) Violent predicate  felony  offense.  When  the  court  has  found,
  pursuant  to the provisions of the criminal procedure law, that a person
  is  a  predicate  felony  sex  offender,  and  the  person's   predicate
  conviction  was  for  a  violent felony offense, the court must impose a
  determinate sentence of imprisonment, the term of which must be fixed by
  the court as follows:
    (i) for a class B felony, the term must be at  least  nine  years  and
  must not exceed twenty-five years;
    (ii)  for  a  class  C felony, the term must be at least six years and
  must not exceed fifteen years;
    (iii) for a class D felony, the term must be at least four  years  and
  must not exceed seven years; and
    (iv)  for a class E felony, the term must be at least two and one-half
  years and must not exceed four years.
    (d) A defendant who stands  convicted  of  a  non-violent  felony  sex
  offense, other than a class A-I or class A-II felony, who is adjudicated
  a  persistent felony offender under section 70.10 of this article, shall
  be sentenced pursuant to the provisions of section 70.10 or pursuant  to
  this subdivision.
    6.  Sentence  of imprisonment for a violent felony sex offense. Except
  as provided in subdivisions seven and eight of this section, a defendant
  who stands convicted of a violent felony sex offense must  be  sentenced
  pursuant  to the provisions of section 70.02, section 70.04, subdivision
  six of section 70.06, section 70.08, or section 70.10 of  this  article,
  as applicable.
    7.  Sentence  for  a  class A felony sex offense. When a person stands
  convicted of a sexually motivated felony pursuant to section  130.91  of
  this  chapter  and  the specified offense is a class A felony, the court
  must sentence the defendant in accordance with the provisions of:
    (a)  section  60.06 of this chapter and section 70.00 of this article,
  as applicable, if such offense is a class A-I felony; and
    (b) section 70.00, 70.06 or 70.08 of this article, as  applicable,  if
  such offense is a class A-II felony.
    8.  Whenever  a  juvenile  offender  stands  convicted of a felony sex
  offense, he or she must be  sentenced  pursuant  to  the  provisions  of
  sections 60.10 and 70.05 of this chapter.
    9.  Every determinate sentence for a felony sex offense, as defined in
  paragraph (a) of subdivision one of this section,  imposed  pursuant  to
  any section of this article, shall include as a part thereof a period of
  post-release supervision in accordance with subdivision two-a of section
  70.45 of this article.

S 70.85 Transitional exception to determinate sentencing laws.
    This section shall apply only to cases in which a determinate sentence
  was  imposed between September first, nineteen hundred ninety-eight, and
  the effective date of this section, and was required by law to include a
  term of post-release supervision, but the court did not explicitly state
  such a term when pronouncing sentence. When such a case is again  before
  the court pursuant to section six hundred one-d of the correction law or
  otherwise,  for  consideration  of whether to resentence, the court may,
  notwithstanding any other provision of law but only on  consent  of  the
  district attorney, re-impose the originally imposed determinate sentence
  of imprisonment without any term of post-release supervision, which then
  shall be deemed a lawful sentence.

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