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New York Penal Law Section 60.12 - Authorized Dispositions; Alternative Indeterminate Sentence Of Imprisonment; Domestic Violence Cases.Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 60.12 - Authorized Dispositions; Alternative Indeterminate Sentence Of Imprisonment; Domestic Violence Cases.
§ 60.12 Authorized disposition; alternative indeterminate sentence of
imprisonment; domestic violence cases.
1. Notwithstanding any other provision of law, where a court is
imposing sentence pursuant to section 70.02 upon a conviction for an
offense enumerated in subdivision one of such section, other than an
offense defined in article one hundred thirty of this chapter, and is
authorized or required pursuant to such section to impose a determinate
sentence of imprisonment for such offense, the court, upon a
determination following a hearing that (a) the defendant was the victim
of physical, sexual or psychological abuse by the victim or intended
victim of such offense, (b) such abuse was a factor in causing the
defendant to commit such offense and (c) the victim or intended victim
of such offense was a member of the same family or household as the
defendant as such term is defined in subdivision one of section 530.11
of the criminal procedure law, may, in lieu of imposing such determinate
sentence of imprisonment, impose an indeterminate sentence of
imprisonment in accordance with subdivisions two and three of this
section.
2. The maximum term of an indeterminate sentence imposed pursuant to
subdivision one of this section must be fixed by the court as follows:
(a) For a class B felony, the term must be at least six years and must
not exceed twenty-five years;
(b) For a class C felony, the term must be at least four and one-half
years and must not exceed fifteen years;
(c) For a class D felony, the term must be at least three years and
must not exceed seven years; and
(d) For a class E felony, the term must be at least three years and
must not exceed four years.
3. The minimum period of imprisonment under an indeterminate sentence
imposed pursuant to subdivision one of this section must be fixed by the
court at one-half of the maximum term imposed and must be specified in
the sentence.
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Last modified: July 30, 2006 |