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New York Penal - Article 70 - § 70.45 Determinate Sentence; Post-release Supervision

Legal Research Home > New York Laws > Penal > New York Penal - Article 70 - § 70.45 Determinate Sentence; Post-release Supervision


Penal 
 
  § 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.
Section:  Previous  70.06  70.07  70.08  70.10  70.15  70.20  70.25  70.30  70.35  70.40  70.45  70.70  70.71  70.80  70.85  Next

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Last modified: February 16, 2014