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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.

Last modified: July 30, 2006