Bill Text: NY A02036 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "Marvin Mayfield act", eliminating mandatory minimum sentences.
Spectrum: Partisan Bill (Democrat 54-0)
Status: (Introduced) 2024-03-28 - print number 2036b [A02036 Detail]
Download: New_York-2023-A02036-Introduced.html
Bill Title: Enacts the "Marvin Mayfield act", eliminating mandatory minimum sentences.
Spectrum: Partisan Bill (Democrat 54-0)
Status: (Introduced) 2024-03-28 - print number 2036b [A02036 Detail]
Download: New_York-2023-A02036-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2036 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. MEEKS, BURGOS, REYES, BURDICK, KELLES, EPSTEIN, AUBRY, CRUZ, ANDERSON, JACKSON, GALLAGHER, WALKER, DARLING, MAMDANI, MITAYNES, CARROLL, GIBBS, LUCAS, HEVESI, GONZALEZ-ROJAS, L. ROSENTHAL, SEPTIMO, WEPRIN, COOK, RIVERA, TAYLOR, CLARK, PRETLOW, CUNNINGHAM, TAPIA -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the correction law, in relation to eliminating mandatory minimums; to amend chapter 3 of the laws of 1995 enacting the sentencing reform act of 1995, in relation to the effectiveness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effectiveness thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to the effectiveness thereof; to amend part E of chapter 62 of the laws of 2003, amending the correction law and other laws relating to various provisions, in relation to the effec- tiveness thereof; and to repeal certain provisions of the penal law, the criminal procedure law and the correction law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 1.05 of the penal law, as amended 2 by chapter 98 of the laws of 2006, is amended to read as follows: 3 6. To [insure the public] promote community safety by [preventing the4commission of offenses through the deterrent influence of the sentences5authorized,] supporting the rehabilitation of [those] individuals who 6 have been convicted, [the promotion of] their successful and productive 7 reentry and reintegration into society, and [their] confinement only 8 when required [in the interests of public protection] in accordance with 9 subdivision three of section 60.03 of this chapter. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04611-01-3A. 2036 2 1 § 2. The penal law is amended by adding a new section 60.03 to read as 2 follows: 3 § 60.03 Presumption against sentences of imprisonment. 4 1. There shall be a presumption against sentences of imprisonment in 5 all cases which may be overcome only in extraordinary circumstances. The 6 term "sentence of imprisonment" means any sentence of incarceration. 7 2. For any felony, an authorized sentence includes a sentence other 8 than incarceration or a definite sentence of imprisonment. The court may 9 fix such authorized sentence for one year or less. 10 3. (a) Before imposing a sentence of imprisonment, the court shall 11 conduct a hearing to determine whether the presumption against incarcer- 12 ation has been overcome. 13 (i) In order to overcome the presumption against incarceration, the 14 prosecutor must show, by clear and convincing evidence, that there are 15 no means to address the unlawful behavior and promote community safety 16 other than imprisonment. 17 (ii) At the hearing the court shall consider oral and written argu- 18 ments, take testimony from witnesses offered by either party, and 19 consider relevant evidence to assist in making its determination, 20 including testimony and evidence admitted in prior proceedings in the 21 same case. Reliable hearsay shall be admissible at such hearing. Testi- 22 mony of witnesses relating to prior bad acts or convictions of the 23 defendant shall not be considered relevant to the court's determination. 24 (iii) The court shall detail its findings in writing, including an 25 individualized finding as to why the presumption has been overcome. 26 (iv) If the court finds that the presumption has been overcome, it 27 shall proceed to impose the minimum term of imprisonment necessary to 28 achieve the goals of sentencing. 29 (v) If a hearing is not held or the presumption has not been overcome 30 the court shall impose a non-incarceratory sentence unless the hearing 31 has been waived pursuant to subdivision five of this section. 32 (vi) A defendant shall not be required to pay for any part of the cost 33 of their sentence. 34 (vii) Upon request of the defendant, the court shall conduct the hear- 35 ing promptly after the rendering of a guilty verdict or the entry of a 36 guilty plea. 37 (b) In considering whether the presumption against incarceration has 38 been overcome and, where relevant, what the appropriate incarceratory 39 sentence should be, the court shall consider the following: 40 (i) the unique harms of imprisonment, including interruption of 41 defendant's connections to family, employment, needed public benefits, 42 healthcare, and housing; 43 (ii) the financial cost of incarceration to the state and/or locali- 44 ties; 45 (iii) any mitigating circumstances that bear on the manner in which 46 the crime was committed; and 47 (iv) the history, character and condition of the defendant, including, 48 but not limited to: 49 (1) presence of physical or emotional trauma either direct or 50 witnessed; 51 (2) need for community-based treatment to address substance use, 52 mental health, and/or physical health issues; 53 (3) history of learning disabilities, below average IQ, academic 54 difficulty, or physical disability;A. 2036 3 1 (4) history of familial disruption such as divorce, domestic violence, 2 sexual abuse, assault, drug or alcohol abuse, or involvement in the 3 criminal legal system; 4 (5) age; 5 (6) potential immigration consequences of sentence; 6 (7) lack of prior criminal record; 7 (8) history of employment; 8 (9) lack of stable housing, education, or financial instability; 9 (10) vulnerability to abuse in prison, including evidence of past 10 victimization; and 11 (11) the factors set forth in subdivision one of section 60.12 of this 12 article. 13 (c) The court shall not consider or draw any negative inference from a 14 defendant's silence or failure to express remorse. 15 4. If a defendant testifies at the hearing, such testimony shall not 16 be admissible in any subsequent proceeding. 17 5. A defendant may knowingly and voluntarily waive their rights under 18 this section. 19 § 3. Subdivision 1 of section 380.50 of the criminal procedure law, as 20 amended by chapter 307 of the laws of 1992, is amended to read as 21 follows: 22 1. The court shall impose sentence in accordance with the procedures 23 set forth in section 60.03 of the penal law. At the time of pronouncing 24 sentence, the court must accord the prosecutor an opportunity to make a 25 statement with respect to any matter relevant to the question of 26 sentence. The court must then accord counsel for the defendant an oppor- 27 tunity to speak on behalf of the defendant. The defendant also has the 28 right to make a statement personally in his or her own behalf, and 29 before pronouncing sentence the court must ask the defendant whether he 30 or she wishes to make such a statement. 31 § 4. Paragraph (a) of subdivision 3 of section 390.30 of the criminal 32 procedure law, as added by chapter 14 of the laws of 1985, is amended to 33 read as follows: 34 (a) The report of the pre-sentence investigation must contain an anal- 35 ysis of as much of the information gathered in the investigation as the 36 agency that conducted the investigation deems relevant to the question 37 of sentence. The report must also include any other [imformation] infor- 38 mation that the court directs to be included and the material required 39 by paragraph (b) of this subdivision which shall be considered part of 40 the report. The report shall include an analysis of the actual finan- 41 cial cost of incarceration to the state and/or localities of the poten- 42 tial sentences that may be imposed. 43 § 5. Paragraph (a) of subdivision 2 of section 390.50 of the criminal 44 procedure law, as amended by chapter 31 of the laws of 2019, is amended 45 to read as follows: 46 (a) Not less than one court day prior to sentencing, unless such time 47 requirement is waived by the parties, the pre-sentence report or memo- 48 randum shall be made available by the court for examination and for 49 copying and retention by the defendant's attorney, the defendant himself 50 or herself, [if he has no attorney,] and the prosecutor. The defendant 51 shall be given an opportunity to challenge or correct any fact or 52 conclusion in the pre-sentence report or memorandum prior to the court's 53 pronouncement of sentence and no later than at the hearing conducted in 54 accordance with subdivision three of section 60.03 of the penal law. In 55 its discretion, the court may except from disclosure a part or parts of 56 the report or memoranda which are not relevant to a proper sentence, orA. 2036 4 1 a diagnostic opinion which might seriously disrupt a program of rehabil- 2 itation, or sources of information which have been obtained on a promise 3 of confidentiality, or any other portion thereof, disclosure of which 4 would not be in the interest of justice. In all cases where a part or 5 parts of the report or memoranda are not disclosed, the court shall 6 state for the record that a part or parts of the report or memoranda 7 have been excepted and the reasons for its action. The action of the 8 court excepting information from disclosure shall be subject to appel- 9 late review. The pre-sentence report shall be made available by the 10 court for examination and copying in connection with any appeal in the 11 case, including an appeal under this subdivision. Upon written request, 12 the court shall make a copy of the presentence report, other than a part 13 or parts of the report redacted by the court pursuant to this paragraph, 14 available to the defendant for use before the parole board for release 15 consideration or an appeal of a parole board determination or an appli- 16 cation for resentencing pursuant to section 440.46 or 440.47 of this 17 [chapter. In his or her written request to the court the defendant shall18affirm that he or she anticipates an appearance before the parole board19or intends to file an administrative appeal of a parole board determi-20nation or meets the eligibility criteria for and intends to file a21motion for resentencing pursuant to 440.46 of this chapter or has22received notification from the court which received his or her request23to apply for resentencing pursuant to section 440.47 of this chapter24confirming that he or she is eligible to submit an application for25resentencing pursuant to section 440.47 of this chapter] part. The 26 court shall respond to the defendant's written request within twenty 27 days from receipt of the defendant's written request. 28 § 6. Section 70.00 of the penal law, the section heading as amended by 29 chapter 277 of the laws of 1973, subdivision 1 as amended by chapter 7 30 of the laws of 2007, subdivisions 2, 3 and 4 as amended by chapter 738 31 of the laws of 2004, paragraph (a) of subdivision 3 as amended by chap- 32 ter 107 and paragraph (b) of subdivision 3 as amended by chapter 746 of 33 the laws of 2006, subdivision 5 as amended by section 40-a of part WWW 34 of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap- 35 ter 1 of the laws of 1998, is amended to read as follows: 36 § 70.00 Sentence of imprisonment for felony. 37 1. Indeterminate sentence. Except as provided in subdivisions three 38 and four[, five and six] of this section or section 70.80 of this arti- 39 cle, [a] the term of sentence [of imprisonment] for a felony, other than 40 a felony defined in article two hundred twenty [or two hundred twenty-41one] of this chapter, shall be fixed by the court in accordance with 42 section 60.03 of this title. If a court finds that a sentence of impri- 43 sonment of more than one year is the minimum term of imprisonment neces- 44 sary to achieve the goals of sentencing, the court shall impose an inde- 45 terminate sentence. When such a sentence is imposed, the court shall 46 impose a maximum term in accordance with the provisions of subdivision 47 two of this section [and the minimum period of imprisonment shall be as48provided in subdivision three of this section]. The minimum period 49 shall be fixed by the court and specified in the sentence and shall be 50 not less than one year nor more than one-third of the maximum term 51 imposed, or the court may impose a definite sentence of imprisonment and 52 fix a term of one year or less. 53 2. Maximum term of sentence. The maximum term of an indeterminate 54 sentence shall be at least three years and the term shall be fixed as 55 follows: 56 (a) For a class A felony, the term shall be life imprisonment;A. 2036 5 1 (b) For a class B felony, the term shall be fixed by the court, and 2 shall not exceed twenty-five years; 3 (c) For a class C felony, the term shall be fixed by the court, and 4 shall not exceed fifteen years; 5 (d) For a class D felony, the term shall be fixed by the court, and 6 shall not exceed seven years; and 7 (e) For a class E felony, the term shall be fixed by the court, and 8 shall not exceed four years. 9 3. [Minimum period of imprisonment. The minimum period of imprisonment10under an indeterminate sentence shall be at least one year and shall be11fixed as follows:12(a) In the case of a class A felony, the minimum period shall be fixed13by the court and specified in the sentence.14(i) For a class A-I felony, such minimum period shall not be less than15fifteen years nor more than twenty-five years; provided, however, that16(A) where a sentence, other than a sentence of death or life imprison-17ment without parole, is imposed upon a defendant convicted of murder in18the first degree as defined in section 125.27 of this chapter such mini-19mum period shall be not less than twenty years nor more than twenty-five20years, and, (B) where a sentence is imposed upon a defendant convicted21of murder in the second degree as defined in subdivision five of section22125.25 of this chapter or convicted of aggravated murder as defined in23section 125.26 of this chapter, the sentence shall be life imprisonment24without parole, and, (C) where a sentence is imposed upon a defendant25convicted of attempted murder in the first degree as defined in article26one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of27paragraph (a) of subdivision one and paragraph (b) of subdivision one of28section 125.27 of this chapter or attempted aggravated murder as defined29in article one hundred ten of this chapter and section 125.26 of this30chapter such minimum period shall be not less than twenty years nor more31than forty years.32(ii) For a class A-II felony, such minimum period shall not be less33than three years nor more than eight years four months, except that for34the class A-II felony of predatory sexual assault as defined in section35130.95 of this chapter or the class A-II felony of predatory sexual36assault against a child as defined in section 130.96 of this chapter,37such minimum period shall be not less than ten years nor more than twen-38ty-five years.39(b) For any other felony, the minimum period shall be fixed by the40court and specified in the sentence and shall be not less than one year41nor more than one-third of the maximum term imposed.424. Alternative definite sentence for class D and E felonies. When a43person, other than a second or persistent felony offender, is sentenced44for a class D or class E felony, and the court, having regard to the45nature and circumstances of the crime and to the history and character46of the defendant, is of the opinion that a sentence of imprisonment is47necessary but that it would be unduly harsh to impose an indeterminate48or determinate sentence, the court may impose a definite sentence of49imprisonment and fix a term of one year or less.505.] Life imprisonment without parole. Notwithstanding any other 51 provision of law, a defendant sentenced to life imprisonment without 52 parole shall not be or become eligible for parole or conditional 53 release. For purposes of commitment and custody, other than parole and 54 conditional release, such sentence shall be deemed to be an indetermi- 55 nate sentence. A defendant may be sentenced to life imprisonment without 56 parole upon conviction for the crime of murder in the first degree asA. 2036 6 1 defined in section 125.27 of this chapter and in accordance with the 2 procedures provided by law for imposing a sentence for such crime. A 3 defendant who was eighteen years of age or older at the time of the 4 commission of the crime must be sentenced to life imprisonment without 5 parole upon conviction for the crime of terrorism as defined in section 6 490.25 of this chapter, where the specified offense the defendant 7 committed is a class A-I felony; the crime of criminal possession of a 8 chemical weapon or biological weapon in the first degree as defined in 9 section 490.45 of this chapter; or the crime of criminal use of a chemi- 10 cal weapon or biological weapon in the first degree as defined in 11 section 490.55 of this chapter; provided, however, that nothing in this 12 subdivision shall preclude or prevent a sentence of death when the 13 defendant is also convicted of the crime of murder in the first degree 14 as defined in section 125.27 of this chapter. A defendant who was seven- 15 teen years of age or younger at the time of the commission of the crime 16 may be sentenced, in accordance with law, to the applicable indetermi- 17 nate sentence with a maximum term of life imprisonment. A defendant must 18 be sentenced to life imprisonment without parole upon conviction for the 19 crime of murder in the second degree as defined in subdivision five of 20 section 125.25 of this chapter or for the crime of aggravated murder as 21 defined in subdivision one of section 125.26 of this chapter. A defend- 22 ant may be sentenced to life imprisonment without parole upon conviction 23 for the crime of aggravated murder as defined in subdivision two of 24 section 125.26 of this chapter. 25 [6.] 4. Determinate sentence. [Except as provided in subdivision four26of this section and subdivisions two and four of section 70.02, when] 27 When a person is sentenced as a violent felony offender pursuant to 28 section 70.02 [or as a second violent felony offender pursuant to29section 70.04 or as a second felony offender on a conviction for a30violent felony offense pursuant to section 70.06] of this article, the 31 sentence shall be fixed by the court in accordance with section 60.03 of 32 this title. If a court finds that a sentence of imprisonment of more 33 than one year is the minimum term of imprisonment necessary to achieve 34 the goals of sentencing, the court must impose a determinate sentence of 35 imprisonment in accordance with the provisions of such [sections and36such sentence shall include, as a part thereof, a period of post-release37supervision in accordance with section 70.45] section. 38 § 7. Subdivision d of section 74 of chapter 3 of the laws of 1995, 39 enacting the sentencing reform act of 1995, as amended by section 19 of 40 part A of chapter 55 of the laws of 2021, is amended to read as follows: 41 d. Sections one-a [through], one-b, two, four through eight, eleven, 42 twelve, twenty, twenty-four through twenty-eight, thirty through thir- 43 ty-nine, forty-two and forty-four of this act shall be deemed repealed 44 on September 1, 2023; 45 § 8. Subdivisions 2 and 4 of section 70.02 of the penal law are 46 REPEALED and subdivision 3, as amended by chapter 765 of the laws of 47 2005, paragraphs (b) and (c) as amended by chapter 1 of the laws of 48 2013, is amended to read as follows: 49 [3.] 2. Term of sentence. The term [of a determinate sentence] for a 50 violent felony offense must be fixed by the court in accordance with 51 section 60.03 of this title. If a court finds that a sentence of impri- 52 sonment of more than one year is the minimum term of imprisonment neces- 53 sary to achieve the goals of sentencing, the court shall impose a deter- 54 minate sentence as follows: 55 (a) For a class B felony, the term must be at least [five years] one 56 year and must not exceed twenty-five years, provided, however, that theA. 2036 7 1 term [must be]: (i) [at least ten years and] must not exceed thirty 2 years where the sentence is for the crime of aggravated assault upon a 3 police officer or peace officer as defined in section 120.11 of this 4 chapter; and (ii) [at least ten years and] must not exceed thirty years 5 where the sentence is for the crime of aggravated manslaughter in the 6 first degree as defined in section 125.22 of this chapter; 7 (b) For a class C felony, the term must be at least [three and one-8half years] one year and must not exceed fifteen years, provided, howev- 9 er, that the term [must be]: (i) [at least seven years and] must not 10 exceed twenty years where the sentence is for the crime of aggravated 11 manslaughter in the second degree as defined in section 125.21 of this 12 chapter; (ii) [at least seven years and] must not exceed twenty years 13 where the sentence is for the crime of attempted aggravated assault upon 14 a police officer or peace officer as defined in section 120.11 of this 15 chapter; (iii) [at least three and one-half years and] must not exceed 16 twenty years where the sentence is for the crime of aggravated criminal- 17 ly negligent homicide as defined in section 125.11 of this chapter; and 18 (iv) [at least five years and] must not exceed fifteen years where the 19 sentence is imposed for the crime of aggravated criminal possession of a 20 weapon as defined in section 265.19 of this chapter; 21 (c) For a class D felony, the term must be at least [two years] one 22 year and must not exceed seven years, provided, however, that the term 23 [must be]: (i) [at least two years and] must not exceed eight years 24 where the sentence is for the crime of menacing a police officer or 25 peace officer as defined in section 120.18 of this chapter; and (ii) [at26least three and one-half years and] must not exceed seven years where 27 the sentence is imposed for the crime of criminal possession of a weapon 28 in the third degree as defined in subdivision ten of section 265.02 of 29 this chapter; and 30 (d) For a class E felony, the term must be at least one [and one-half31years] year and must not exceed four years. 32 § 9. Sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07, 70.08 and 33 70.10 of the penal law are REPEALED. 34 § 10. Subdivisions 1 and 3 of section 70.05 of the penal law, subdivi- 35 sion 1 as amended by chapter 615 of the laws of 1984, subdivision 3 as 36 added by chapter 481 of the laws of 1978, paragraph (a) of subdivision 3 37 as amended by chapter 174 of the laws of 2003 and paragraph (c) of 38 subdivision 3 as amended by chapter 435 of the laws of 1998, are amended 39 to read as follows: 40 1. Indeterminate sentence. A sentence of imprisonment for a felony 41 committed by a juvenile offender shall be fixed by the court in accord- 42 ance with section 60.03 of this title. If a court finds that a sentence 43 of imprisonment of more than one year is the minimum term of imprison- 44 ment necessary to achieve the goals of sentencing, the court shall 45 impose an indeterminate sentence. When such a sentence is imposed, the 46 court shall impose a maximum term in accordance with the provisions of 47 subdivision two of this section and the minimum period of imprisonment 48 shall be as provided in subdivision three of this section. The court 49 shall further provide that where a juvenile offender is under placement 50 pursuant to article three of the family court act, any sentence imposed 51 pursuant to this section which is to be served consecutively with such 52 placement shall be served in a facility designated pursuant to subdivi- 53 sion four of section 70.20 of this article prior to service of the 54 placement in any previously designated facility. 55 3. Minimum period of imprisonment. The minimum period of imprisonment 56 under an indeterminate sentence for a juvenile offender shall be notA. 2036 8 1 less than one year nor more than one-third of the maximum term imposed 2 and specified in the sentence as follows: 3 (a) For the class A felony of murder in the second degree, the minimum 4 period of imprisonment shall be fixed by the court and shall [be not5less than five years but shall] not exceed nine years provided, however, 6 that where the sentence is for an offense specified in subdivision one 7 or two of section 125.25 of this chapter and the defendant was fourteen 8 or fifteen years old at the time of such offense, the minimum period of 9 imprisonment shall [be not less than seven and one-half years but shall] 10 not exceed fifteen years; 11 (b) For the class A felony of arson in the first degree, or for the 12 class A felony of kidnapping in the first degree, the minimum period of 13 imprisonment shall be fixed by the court and shall [be not less than14four years but shall] not exceed six years; and 15 (c) For a class B, C or D felony, the minimum period of imprisonment 16 shall be fixed by the court at one-third of the maximum term imposed. 17 § 11. Subdivision 1 of section 70.15 of the penal law, as amended by 18 section 1 of part OO of chapter 55 of the laws of 2019, is amended to 19 read as follows: 20 1. Class A misdemeanor. A sentence of imprisonment for a class A 21 misdemeanor shall be a definite sentence. When such a sentence is 22 imposed the term shall be fixed by the court, in accordance with section 23 60.03 of this title, and shall not exceed three hundred sixty-four days. 24 § 12. Paragraph (a) of subdivision 1 of section 70.20 of the penal 25 law, as amended by section 124 of subpart B of part C of chapter 62 of 26 the laws of 2011, is amended to read as follows: 27 (a) Indeterminate or determinate sentence. Except as provided in 28 subdivision four of this section, when an indeterminate or determinate 29 sentence of imprisonment is imposed, the court shall commit the defend- 30 ant to the custody of the state department of corrections and community 31 supervision for the term of his or her sentence and until released in 32 accordance with the law[; provided, however, that a defendant sentenced33pursuant to subdivision seven of section 70.06 shall be committed to the34custody of the state department of corrections and community supervision35for immediate delivery to a reception center operated by the depart-36ment]. 37 § 13. Section 70.25 of the penal law, subdivision 1 as amended and 38 subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a) 39 of subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of subdi- 40 vision 5 as amended by chapter 3 of the laws of 1995, subdivision 2 as 41 amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by 42 chapter 495 of the laws of 2009, subdivisions 2-c and 2-d as added by 43 chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122 44 of the laws of 1996, subdivision 2-f as added by chapter 1 of the laws 45 of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and 46 subdivision 4 as added by chapter 782 of the laws of 1975, is amended to 47 read as follows: 48 § 70.25 Concurrent and consecutive terms of imprisonment. 49 1. Except as provided in [subdivisions] subdivision two[, two-a and50five] of this section, when multiple sentences of imprisonment are 51 imposed on a person at the same time, or when a person who is subject to 52 any undischarged term of imprisonment imposed at a previous time by a 53 court of this state is sentenced to an additional term of imprisonment, 54 the sentence or sentences imposed by the court shall run either concur- 55 rently or consecutively with respect to each other and the undischarged 56 term or terms in such manner as the court directs at the time ofA. 2036 9 1 sentence. If the court does not specify the manner in which a sentence 2 imposed by it is to run, the sentence shall run as follows: 3 (a) An indeterminate or determinate sentence shall run concurrently 4 with all other terms; and 5 (b) A definite sentence shall run concurrently with [any sentence6imposed at the same time and shall be consecutive to any other term] all 7 other terms. 8 2. When more than one sentence of imprisonment is imposed on a person 9 for two or more offenses committed through a single act or omission, or 10 through an act or omission which in itself constituted one of the 11 offenses and also was a material element of the other, the sentences, 12 except if one or more of such sentences is for a violation of section 13 270.20 of this chapter, must run concurrently. 14 [2-a. When an indeterminate or determinate sentence of imprisonment is15imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10, subdivi-16sion three or four of section 70.70, subdivision three or four of17section 70.71 or subdivision five of section 70.80 of this article, or18is imposed for a class A-I felony pursuant to section 70.00 of this19article, and such person is subject to an undischarged indeterminate or20determinate sentence of imprisonment imposed prior to the date on which21the present crime was committed, the court must impose a sentence to run22consecutively with respect to such undischarged sentence.232-b. When a person is convicted of a violent felony offense committed24after arraignment and while released on recognizance or bail, but25committed prior to the imposition of sentence on a pending felony26charge, and if an indeterminate or determinate sentence of imprisonment27is imposed in each case, such sentences shall run consecutively.28Provided, however, that the court may, in the interest of justice, order29a sentence to run concurrently in a situation where consecutive30sentences are required by this subdivision if it finds either mitigating31circumstances that bear directly upon the manner in which the crime was32committed or, where the defendant was not the sole participant in the33crime, the defendant's participation was relatively minor although not34so minor as to constitute a defense to the prosecution. The defendant35and the district attorney shall have an opportunity to present relevant36information to assist the court in making this determination and the37court may, in its discretion, conduct a hearing with respect to any38issue bearing upon such determination. If the court determines that39consecutive sentences should not be ordered, it shall make a statement40on the record of the facts and circumstances upon which such determi-41nation is based.422-c. When a person is convicted of bail jumping in the second degree43as defined in section 215.56 or bail jumping in the first degree as44defined in section 215.57 committed after arraignment and while released45on recognizance or bail in connection with a pending indictment or46information charging one or more felonies, at least one of which he is47subsequently convicted, and if an indeterminate sentence of imprisonment48is imposed in each case, such sentences shall run consecutively.49Provided, however, that the court may, in the interest of justice, order50a sentence to run concurrently in a situation where consecutive51sentences are required by this subdivision if it finds mitigating52circumstances that bear directly upon the manner in which the crime was53committed. The defendant and the district attorney shall have an oppor-54tunity to present relevant information to assist the court in making55this determination and the court may, in its discretion, conduct a hear-56ing with respect to any issue bearing upon such determination. If theA. 2036 10 1court determines that consecutive sentences should not be ordered, it2shall make a statement on the record of the facts and circumstances upon3which such determination is based.42-d. When a person is convicted of escape in the second degree as5defined in section 205.10 or escape in the first degree as defined in6section 205.15 committed after issuance of a securing order, as defined7in subdivision five of section 500.10 of the criminal procedure law, in8connection with a pending indictment or information charging one or more9felonies, at least one of which he is subsequently convicted, and if an10indeterminate sentence of imprisonment is imposed in each case, such11sentences shall run consecutively. Provided, however, that the court12may, in the interest of justice, order a sentence to run concurrently in13a situation where consecutive sentences are required by this subdivision14if it finds mitigating circumstances that bear directly upon the manner15in which the crime was committed. The defendant and the district attor-16ney shall have an opportunity to present relevant information to assist17the court in making this determination and the court may, in its18discretion, conduct a hearing with respect to any issue bearing upon19such determination. If the court determines that consecutive sentences20should not be ordered, it shall make a statement on the record of the21facts and circumstances upon which such determination is based.222-e.] 2-a. Whenever a person is convicted of course of sexual conduct 23 against a child in the first degree as defined in section 130.75 or 24 course of sexual conduct against a child in the second degree as defined 25 in section 130.80 and any other crime under article one hundred thirty 26 of this chapter committed against the same child and within the period 27 charged under section 130.75 or 130.80 of this chapter, the sentences 28 must run concurrently. 29 [2-f.] 2-b. Whenever a person is convicted of facilitating a sex 30 offense with a controlled substance as defined in section 130.90 of this 31 chapter, the sentence imposed by the court for such offense may be 32 ordered to run consecutively to any sentence imposed upon conviction of 33 an offense defined in article one hundred thirty of this chapter arising 34 from the same criminal transaction. 35 [2-g.] 2-c. Whenever a person is convicted of unlawful manufacture of 36 methamphetamine in the third degree as defined in section 220.73 of this 37 chapter, unlawful manufacture of methamphetamine in the second degree as 38 defined in section 220.74 of this chapter, or unlawful manufacture of 39 methamphetamine in the first degree as defined in section 220.75 of this 40 chapter, or any attempt to commit any of such offenses, and such person 41 is also convicted, with respect to such unlawful methamphetamine labora- 42 tory, of unlawful disposal of methamphetamine laboratory material as 43 defined in section 220.76 of this chapter, the sentences must run 44 concurrently. 45 3. Where consecutive definite sentences of imprisonment are not 46 prohibited by subdivision two of this section and are imposed on a 47 person for offenses which were committed as parts of a single incident 48 or transaction, the aggregate of the terms of such sentences shall not 49 exceed one year. 50 4. When a person, who is subject to any undischarged term of imprison- 51 ment imposed at a previous time by a court of another jurisdiction, is 52 sentenced to an additional term or terms of imprisonment by a court of 53 this state, the sentence or sentences imposed by the court of this 54 state, subject to the provisions of subdivisions one, two and three of 55 this section, shall run either concurrently or consecutively with 56 respect to such undischarged term in such manner as the court directs atA. 2036 11 1 the time of sentence. If the court of this state does not specify the 2 manner in which a sentence imposed by it is to run, the sentence or 3 sentences shall run [consecutively] concurrently. 4 [5. (a) Except as provided in paragraph (c) of this subdivision, when5a person is convicted of assault in the second degree, as defined in6subdivision seven of section 120.05 of this chapter, any definite, inde-7terminate or determinate term of imprisonment which may be imposed as a8sentence upon such conviction shall run consecutively to any undisc-9harged term of imprisonment to which the defendant was subject and for10which he was confined at the time of the assault.11(b) Except as provided in paragraph (c) of this subdivision, when a12person is convicted of assault in the second degree, as defined in13subdivision seven of section 120.05 of this chapter, any definite, inde-14terminate or determinate term of imprisonment which may be imposed as a15sentence upon such conviction shall run consecutively to any term of16imprisonment which was previously imposed or which may be prospectively17imposed where the person was confined within a detention facility at the18time of the assault upon a charge which culminated in such sentence of19imprisonment.20(c) Notwithstanding the provisions of paragraphs (a) and (b) of this21subdivision, a term of imprisonment imposed upon a conviction to assault22in the second degree as defined in subdivision seven of section 120.0523of this chapter may run concurrently to any other term of imprisonment,24in the interest of justice, provided the court sets forth in the record25its reasons for imposing a concurrent sentence. Nothing in this section26shall require the imposition of a sentence of imprisonment where it is27not otherwise required by law.] 28 § 14. Paragraphs (a) and (f) of subdivision 1 of section 70.30 of the 29 penal law, paragraph (a) as amended by chapter 3 of the laws of 1995 and 30 paragraph (f) as added by chapter 481 of the laws of 1978 and as relet- 31 tered by chapter 3 of the laws of 1995, are amended to read as follows: 32 (a) If the sentences run concurrently, the time served under imprison- 33 ment on any of the sentences shall be credited against the minimum and 34 maximum periods of all the concurrent indeterminate sentences and 35 against the terms of all the concurrent determinate sentences. The maxi- 36 mum term or terms of the indeterminate sentences and the term or terms 37 of the determinate sentences shall merge in and be satisfied by 38 discharge of the term which has the longest unexpired time to run; 39 (f) The aggregate maximum term of consecutive sentences imposed upon a 40 juvenile offender for two or more crimes, not including a class A felo- 41 ny, committed before he or she has reached the age of sixteen, shall, if 42 it exceeds ten years, be deemed to be ten years. If consecutive indeter- 43 minate sentences imposed upon a juvenile offender include a sentence for 44 the class A felony of arson in the first degree or for the class A felo- 45 ny of kidnapping in the first degree, then the aggregate maximum term of 46 such sentences shall, if it exceeds fifteen years, be deemed to be 47 fifteen years. Where the aggregate maximum term of two or more consec- 48 utive sentences is reduced by a calculation made pursuant to this para- 49 graph, the aggregate minimum period of imprisonment, if it exceeds 50 [one-half] one-third of the aggregate maximum term as so reduced, shall 51 be deemed to be [one-half] one-third of the aggregate maximum term as so 52 reduced. 53 § 15. Section 10 of chapter 339 of the laws of 1972, amending the 54 correction law and the penal law relating to inmate work release, 55 furlough and leave, as amended by section 6 of part A of chapter 55 of 56 the laws of 2021, is amended to read as follows:A. 2036 12 1 § 10. This act shall take effect 30 days after it shall have become a 2 law and sections one through eight shall remain in effect until Septem- 3 ber 1, 2023, and provided further that the commissioner of correctional 4 services shall report each January first, and July first, to the chair- 5 man of the senate crime victims, crime and correction committee, the 6 senate codes committee, the assembly correction committee, and the 7 assembly codes committee, the number of eligible inmates in each facili- 8 ty under the custody and control of the commissioner who have applied 9 for participation in any program offered under the provisions of work 10 release, furlough, or leave, and the number of such inmates who have 11 been approved for participation. 12 § 16. Section 70.35 of the penal law, as amended by section 127-a of 13 subpart B of part C of chapter 62 of the laws of 2011, is amended to 14 read as follows: 15 § 70.35 Merger of certain definite and indeterminate or determinate 16 sentences. 17 The service of an indeterminate or determinate sentence of imprison- 18 ment shall satisfy any definite sentence of imprisonment imposed on a 19 person for an offense committed prior to the time the indeterminate or 20 determinate sentence was imposed, [except as provided in paragraph (b)21of subdivision five of section 70.25 of this article]. A person who is 22 serving a definite sentence at the time an indeterminate or determinate 23 sentence is imposed shall be delivered to the custody of the state 24 department of corrections and community supervision to commence service 25 of the indeterminate or determinate sentence immediately [unless the26person is serving a definite sentence pursuant to paragraph (b) of27subdivision five of section 70.25 of this article]. In any case where 28 the indeterminate or determinate sentence is revoked or vacated, the 29 person shall receive credit against the definite sentence for each day 30 spent in the custody of the state department of corrections and communi- 31 ty supervision. 32 § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 33 laws of 1997, amending the military law and other laws relating to vari- 34 ous provisions, as amended by section 15 of part A of chapter 55 of the 35 laws of 2021, is amended to read as follows: 36 a. sections forty-three through [forty-five] forty-four of this act 37 shall expire and be deemed repealed on September 1, 2023; 38 § 18. Subdivisions (f), (g) and (h) of section 15 of part E of chapter 39 62 of the laws of 2003, amending the correction law and other laws 40 relating to various provisions, are amended to read as follows: 41 (f) the amendments made to subdivision 2 of section 259-c of the exec- 42 utive law made by section seven of this act shall not affect the expira- 43 tion of such subdivision and shall be deemed to expire therewith; and 44 (g) the amendments to paragraph (a) of subdivision 2 and subparagraph 45 (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i 46 of the executive law made by section eleven of this act shall not affect 47 the expiration of such paragraph (a) of subdivision 2, such subparagraph 48 (i) of paragraph (a) and such paragraph (d) of subdivision 3 and shall 49 be deemed to expire therewith[; and50(h) paragraph (c) of subdivision 1 of section 70.40 of the penal law51as added by section thirteen of this act shall expire and be deemed52repealed on the same date as subdivision 6 of section 76 of chapter 43553of the laws of 1997, as amended]. 54 § 19. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law, 55 subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision 56 2 as amended and subdivision 2-a as added by chapter 7 of the laws ofA. 2036 13 1 2007, paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 as 2 amended by chapter 31 of the laws of 2019, and subdivision 3 as added by 3 chapter 1 of the laws of 1998, are amended to read as follows: 4 1. In general. When a court imposes a determinate sentence it shall in 5 each case state not only the term of imprisonment, but also an addi- 6 tional period of post-release supervision as determined pursuant to this 7 article. Such period shall commence as provided in subdivision five of 8 this section and a violation of any condition of supervision occurring 9 at any time during such period of post-release supervision shall subject 10 the defendant to a further period of imprisonment up to the balance of 11 the remaining period of post-release supervision, not to exceed five 12 years; provided, however, that a defendant serving a term of post-re- 13 lease supervision for a conviction of a felony sex offense, as defined 14 in section 70.80 of this article, may be subject to a further period of 15 imprisonment up to the balance of the remaining period of post-release 16 supervision. Notwithstanding any other provision of law to the contra- 17 ry, no person serving a period of post-release supervision shall be 18 confined in a correctional facility, including a residential treatment 19 facility as defined in subdivision six of section two of the correction 20 law, except following a revocation hearing as set forth in section two 21 hundred fifty-nine-i of the executive law. Such maximum limits shall not 22 preclude a longer period of further imprisonment for a violation where 23 the defendant is subject to indeterminate and determinate sentences. 24 2. Period of post-release supervision for other than felony sex 25 offenses. The period of post-release supervision for a determinate 26 sentence, other than a determinate sentence imposed for a felony sex 27 offense as defined in paragraph (a) of subdivision one of section 70.80 28 of this article, shall [be] not exceed five years except that: 29 (a) such period shall [be] not exceed one year whenever a determinate 30 sentence of imprisonment is imposed pursuant to subdivision two of 31 section 70.70 of this article or subdivision nine of section 60.12 of 32 this title upon a conviction of a class D or class E felony offense; 33 (b) such period shall be not [less than one year nor] more than two 34 years whenever a determinate sentence of imprisonment is imposed pursu- 35 ant to subdivision two of section 70.70 of this article or subdivision 36 nine of section 60.12 of this title upon a conviction of a class B or 37 class C felony offense; 38 (c) such period shall be not [less than one year nor] more than two 39 years whenever a determinate sentence of imprisonment is imposed pursu- 40 ant to [subdivision three or four of section 70.70 of this article upon41conviction of a class D or class E felony offense or] subdivision ten of 42 section 60.12 of this title; 43 (d) such period shall be not [less than one and one-half years nor] 44 more than three years whenever a determinate sentence of imprisonment is 45 imposed pursuant to [subdivision three or four of section 70.70 of this46article upon conviction of a class B felony or class C felony offense47or] subdivision eleven of section 60.12 of this title; 48 (e) such period shall be not [less than one and one-half years nor] 49 more than three years whenever a determinate sentence of imprisonment is 50 imposed pursuant to subdivision [three] two of section 70.02 of this 51 article or subdivision two or eight of section 60.12 of this title upon 52 a conviction of a class D or class E violent felony offense or subdivi- 53 sion four, five, six, or seven of section 60.12 of this title; 54 (f) such period shall be not [less than two and one-half years nor] 55 more than five years whenever a determinate sentence of imprisonment is 56 imposed pursuant to subdivision [three] two of section 70.02 of thisA. 2036 14 1 article or subdivision two or eight of section 60.12 of this title upon 2 a conviction of a class B or class C violent felony offense. 3 2-a. Periods of post-release supervision for felony sex offenses. The 4 period of post-release supervision for a determinate sentence imposed 5 for a felony sex offense as defined in paragraph (a) of subdivision one 6 of section 70.80 of this article shall be as follows: 7 (a) not [less than three years nor] more than ten years whenever a 8 determinate sentence of imprisonment is imposed pursuant to subdivision 9 four of section 70.80 of this article upon a conviction of a class D or 10 class E felony sex offense; 11 (b) not [less than five years nor] more than fifteen years whenever a 12 determinate sentence of imprisonment is imposed pursuant to subdivision 13 four of section 70.80 of this article upon a conviction of a class C 14 felony sex offense; 15 (c) not [less than five years nor] more than twenty years whenever a 16 determinate sentence of imprisonment is imposed pursuant to subdivision 17 four of section 70.80 of this article upon a conviction of a class B 18 felony sex offense; 19 (d) not [less than three years nor] more than ten years whenever a 20 determinate sentence is imposed pursuant to subdivision [three] two of 21 section 70.02 of this article upon a conviction of a class D or class E 22 violent felony sex offense as defined in paragraph (b) of subdivision 23 one of section 70.80 of this article; 24 (e) not [less than five years nor] more than fifteen years whenever a 25 determinate sentence is imposed pursuant to subdivision [three] two of 26 section 70.02 of this article upon a conviction of a class C violent 27 felony sex offense as defined in section 70.80 of this article; 28 (f) not [less than five years nor] more than twenty years whenever a 29 determinate sentence is imposed pursuant to subdivision [three] two of 30 section 70.02 of this article upon a conviction of a class B violent 31 felony sex offense as defined in section 70.80 of this article; 32 (g) not [less than five years nor] more than fifteen years whenever a 33 determinate sentence of imprisonment is imposed pursuant to [either34section 70.04, section 70.06, or subdivision five of] section 70.80 of 35 this article upon a conviction of a class D or class E violent or non- 36 violent felony sex offense as defined in section 70.80 of this article; 37 (h) not [less than seven years nor] more than twenty years whenever a 38 determinate sentence of imprisonment is imposed pursuant to [either39section 70.04, section 70.06, or subdivision five of] section 70.80 of 40 this article upon a conviction of a class C violent or non-violent felo- 41 ny sex offense as defined in section 70.80 of this article; and 42 (i) such period shall be not [less than ten years nor] more than twen- 43 ty-five years whenever a determinate sentence of imprisonment is imposed 44 pursuant to [either section 70.04, section 70.06, or subdivision five45of] section 70.80 of this article upon a conviction of a class B violent 46 or non-violent felony sex offense as defined in section 70.80 of this 47 article[; and48(j) such period shall be not less than ten years nor more than twenty49years whenever any determinate sentence of imprisonment is imposed50pursuant to subdivision four of section 70.07 of this article]. 51 3. Conditions of post-release supervision. The board of parole shall 52 establish and impose conditions of post-release supervision in the same 53 manner and to the same extent as it may establish and impose conditions 54 in accordance with the executive law upon persons who are granted parole 55 or conditional release[; provided that, notwithstanding any other56provision of law, the board of parole may impose as a condition of post-A. 2036 15 1release supervision that for a period not exceeding six months imme-2diately following release from the underlying term of imprisonment the3person be transferred to and participate in the programs of a residen-4tial treatment facility as that term is defined in subdivision six of5section two of the correction law]. Upon release from the underlying 6 term of imprisonment, the person shall be furnished with a written 7 statement setting forth the conditions of post-release supervision in 8 sufficient detail to provide for the person's conduct and supervision. 9 § 20. Subdivisions 1 and 2 of section 70.70 of the penal law, as added 10 by chapter 738 of the laws of 2004, paragraphs (a) and (b) of subdivi- 11 sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter 12 92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision 13 2 as amended by section 21 and paragraph (d) of subdivision 2 as added 14 by section 23 of part AAA of chapter 56 of the laws of 2009, are amended 15 to read as follows: 16 1. For the purposes of this section, [the following terms shall mean:17(a) "Felony] "felony drug offender" means a defendant who stands 18 convicted of any felony, defined in article two hundred twenty or two 19 hundred twenty-two of this chapter other than a class A felony. 20 [(b) "Second felony drug offender" means a second felony offender as21that term is defined in subdivision one of section 70.06 of this arti-22cle, who stands convicted of any felony, defined in article two hundred23twenty or two hundred twenty-two of this chapter other than a class A24felony.25(c) "Violent felony" shall have the same meaning as that term is26defined in subdivision one of section 70.02 of this article.] 27 2. [Except as provided in subdivision three or four of this section,28a] (a) Term of sentence. The term of sentence [of imprisonment] for a 29 felony drug offender shall be fixed by the court in accordance with 30 section 60.03 of this title. If a court finds that a sentence of impri- 31 sonment of more than one year is the minimum term of imprisonment neces- 32 sary to achieve the goals of sentencing, the court shall impose a deter- 33 minate sentence as provided in paragraph [(a)] (b) of this subdivision. 34 [(a)] (b) Term of determinate sentence. [Except as provided in para-35graph (b) or (c) of this subdivision, the court shall impose a] A deter- 36 minate term of imprisonment [upon a felony drug offender which] shall be 37 imposed by the court in whole or half years, which shall include as a 38 part thereof a period of post-release supervision in accordance with 39 section 70.45 of this article. The terms of imprisonment authorized for 40 such determinate sentences are as follows: 41 (i) for a class B felony, the term shall [be at least one year and42shall] not exceed nine years[, except that for the class B felony of43criminal sale of a controlled substance in or near school grounds as44defined in subdivision two of section 220.44 of this chapter or on a45school bus as defined in subdivision seventeen of section 220.00 of this46chapter or criminal sale of a controlled substance to a child as defined47in section 220.48 of this chapter, the term shall be at least two years48and shall not exceed nine years]; 49 (ii) for a class C felony, the term shall [be at least one year and50shall] not exceed five and one-half years; 51 (iii) for a class D felony, the term shall [be at least one year and52shall] not exceed two and one-half years; and 53 (iv) for a class E felony, the term shall [be at least one year and54shall] not exceed one and one-half years. 55 [(b) Probation. Notwithstanding any other provision of law, the court56may sentence a defendant convicted of a class B, class C, class D orA. 2036 16 1class E felony offense defined in article two hundred twenty or two2hundred twenty-two of this chapter to probation in accordance with the3provisions of sections 60.04 and 65.00 of this chapter.4(c) Alternative definite sentence for class B, class C, class D, and5class E felonies. If the court, having regard to the nature and circum-6stances of the crime and to the history and character of the defendant,7is of the opinion that a sentence of imprisonment is necessary but that8it would be unduly harsh to impose a determinate sentence upon a person9convicted of a class C, class D or class E felony offense defined in10article two hundred twenty or two hundred twenty-two of this chapter, or11a class B felony defined in article two hundred twenty of this chapter,12other than the class B felony defined in section 220.48 of this chapter,13as added by a chapter of the laws of two thousand nine the court may14impose a definite sentence of imprisonment and fix a term of one year or15less.16(d) The court may direct that a determinate sentence imposed on a17defendant convicted of a class B felony, other than the class B felony18defined in section 220.48 of this chapter, pursuant to this subdivision19be executed as a sentence of parole supervision in accordance with20section 410.91 of the criminal procedure law.] 21 § 21. Subdivisions 3 and 4 of section 70.70 of the penal law are 22 REPEALED. 23 § 22. Section 70.71 of the penal law, as added by chapter 738 of the 24 laws of 2004, paragraph (a) of subdivision 2 as amended and subdivision 25 5 as added by section 26 of part AAA of chapter 56 of the laws of 2009, 26 is amended to read as follows: 27 § 70.71 Sentence of imprisonment for a class A felony drug offender. 28 1. For the purposes of this section, the following terms shall mean: 29 (a) "Felony drug offender" means a defendant who stands convicted of 30 any class A felony as defined in article two hundred twenty of this 31 chapter. 32 (b) ["Second felony drug offender" means a second felony offender as33that term is defined in subdivision one of section 70.06 of this arti-34cle, who stands convicted of and is to be sentenced for any class A35felony as defined in article two hundred twenty of this chapter.36(c)] "Violent felony offense" shall have the same meaning as that term 37 is defined in subdivision one of section 70.02 of this article. 38 2. Sentence of imprisonment for a first felony drug offender. 39 (a) Applicability. Except as provided in subdivision three[, four or40five] of this section, this subdivision shall apply to a person 41 convicted of a class A felony as defined in article two hundred twenty 42 of this chapter. 43 (b) Authorized sentence. The term of sentence shall be fixed by the 44 court in accordance with section 60.03 of this title. If a court finds 45 that a sentence of imprisonment is the minimum term of imprisonment 46 necessary to achieve the goals of sentencing, the court shall impose a 47 determinate term of imprisonment which shall be imposed by the court in 48 whole or half years and which shall include as a part thereof a period 49 of post-release supervision in accordance with section 70.45 of this 50 article. The terms authorized for such determinate sentences are as 51 follows: 52 (i) for a class A-I felony, the term shall [be at least eight years53and shall] not exceed twenty years; 54 (ii) for a class A-II felony, the term shall [be at least three years55and shall] not exceed ten years.A. 2036 17 1 [(c) Lifetime probation. Notwithstanding any other provision of law,2the court may sentence a defendant convicted of a class A-II felony3defined in article two hundred twenty of this chapter to lifetime4probation in accordance with the provisions of section 65.00 of this5chapter.] 6 3. [Sentence of imprisonment for a second felony drug offender.7(a) Applicability. This subdivision shall apply to a second felony8drug offender whose prior felony conviction or convictions did not9include one or more violent felony offenses.10(b) Authorized sentence. When the court has found pursuant to the11provisions of section 400.21 of the criminal procedure law that a12defendant is a second felony drug offender who stands convicted of a13class A felony as defined in article two hundred twenty or two hundred14twenty-one of this chapter, the court shall impose a determinate15sentence of imprisonment. Such determinate sentence shall include as a16part thereof a period of post-release supervision in accordance with17section 70.45 of this article. Such determinate sentence shall be18imposed by the court in whole or half years as follows:19(i) for a class A-I felony, the term shall be at least twelve years20and shall not exceed twenty-four years;21(ii) for a class A-II felony, the term shall be at least six years and22shall not exceed fourteen years.23(c) Lifetime probation. Notwithstanding any other provision of law,24the court may sentence a defendant convicted of a class A-II felony25defined in article two hundred twenty of this chapter to lifetime26probation in accordance with the provisions of section 65.00 of this27chapter.284. Sentence of imprisonment for a second felony drug offender previ-29ously convicted of a violent felony offense.30(a) Applicability. This subdivision shall apply to a second felony31drug offender whose prior felony conviction was a violent felony.32(b) Authorized sentence. When the court has found pursuant to the33provisions of section 400.21 of the criminal procedure law that a34defendant is a second felony drug offender whose prior felony conviction35was a violent felony, who stands convicted of a class A felony as36defined in article two hundred twenty or two hundred twenty-one of this37chapter, the court shall impose a determinate sentence of imprisonment.38Such determinate sentence shall include as a part thereof a period of39post-release supervision in accordance with section 70.45 of this arti-40cle. Such determinate sentence shall be imposed by the court in whole or41half years as follows:42(i) for a class A-I felony, the term shall be at least fifteen years43and shall not exceed thirty years;44(ii) for a class A-II felony, the term shall be at least eight years45and shall not exceed seventeen years.465.] Sentence of imprisonment for operating as a major trafficker. 47 (a) Applicability. This subdivision shall apply to a person convicted 48 of the class A-I felony of operating as a major trafficker as defined in 49 section 220.77 of this chapter. 50 (b) Authorized sentence. [Except as provided in paragraph (c) of this51subdivision, the] The term of sentence shall be fixed in the court in 52 accordance with section 60.03 of this title. If a court finds that a 53 sentence of imprisonment is the minimum term of imprisonment necessary 54 to achieve the goals of sentencing, the court shall impose an indetermi- 55 nate term of imprisonment for an A-I felony, in accordance with the 56 provisions of section 70.00 of this article.A. 2036 18 1 [(c) Alternative determinate sentence. If a defendant stands convicted2of violating section 220.77 of this chapter, and if the court, having3regard to the nature and circumstances of the crime and the history and4character of the defendant, is of the opinion that a sentence of impri-5sonment is necessary but that it would be unduly harsh to impose the6indeterminate sentence for a class A-I felony specified under section770.00 of this article, the court may instead impose the determinate8sentence of imprisonment authorized by clause (i) of subparagraph (b) of9subdivision two of this section for a class A-I drug felony; in such10case, the reasons for the court's opinion shall be set forth on the11record.] 12 § 23. Section 70.80 of the penal law, as added by chapter 7 of the 13 laws of 2007, paragraph (a) of subdivision 1 as amended by chapter 368 14 of the laws of 2015, is amended to read as follows: 15 § 70.80 Sentences of imprisonment for conviction of a felony sex 16 offense. 17 1. Definitions. (a) For the purposes of this section, a "felony sex 18 offense" means a conviction of any felony defined in article one hundred 19 thirty of this chapter, including a sexually motivated felony, or 20 patronizing a person for prostitution in the first degree as defined in 21 section 230.06 of this chapter, patronizing a person for prostitution in 22 the second degree as defined in section 230.05 of this chapter, aggra- 23 vated patronizing a minor for prostitution in the third degree as 24 defined in section 230.11 of this chapter, aggravated patronizing a 25 minor for prostitution in the second degree as defined in section 230.12 26 of this chapter, aggravated patronizing a minor for prostitution in the 27 first degree as defined in section 230.13 of this chapter, incest in the 28 second degree as defined in section 255.26 of this chapter, or incest in 29 the first degree as defined in section 255.27 of this chapter, or a 30 felony attempt or conspiracy to commit any of the above. 31 (b) A felony sex offense shall be deemed a "violent felony sex 32 offense" if it is for an offense defined as a violent felony offense in 33 section 70.02 of this article, or for a sexually motivated felony as 34 defined in section 130.91 of this chapter where the specified offense is 35 a violent felony offense as defined in section 70.02 of this article. 36 (c) [For the purposes of this section, a "predicate felony sex offen-37der" means a person who stands convicted of any felony sex offense as38defined in paragraph (a) of this subdivision, other than a class A-I39felony, after having previously been subjected to one or more predicate40felony convictions as defined in subdivision one of section 70.06 or41subdivision one of section 70.04 of this article.42(d)] For purposes of this section, a "violent felony offense" is any 43 felony defined in subdivision one of section 70.02 of this article, and 44 a "non-violent felony offense" is any felony not defined therein. 45 2. In imposing a sentence within the authorized statutory range for 46 any felony sex offense, the court may consider all relevant factors set 47 forth in section 1.05 of this chapter, and in particular, may consider 48 the defendant's criminal history, if any, including any history of sex 49 offenses; any mental illness or mental abnormality from which the 50 defendant may suffer; the defendant's ability or inability to control 51 his sexual behavior; and, if the defendant has difficulty controlling 52 such behavior, the extent to which that difficulty may pose a threat to 53 society. 54 3. Except as provided by subdivision four, five, six[,] or seven [or55eight] of this section, or when a defendant is being sentenced for a 56 conviction of the class A-II felonies of predatory sexual assault andA. 2036 19 1 predatory sexual assault against a child as defined in sections 130.95 2 and 130.96 of this chapter, or for any class A-I sexually motivated 3 felony for which a life sentence or a life without parole sentence 4 [must] may be imposed, a sentence imposed upon a defendant convicted of 5 a felony sex offense shall be fixed by the court in accordance with 6 section 60.03 of this title. If a court finds that a sentence of impri- 7 sonment is the minimum term of imprisonment necessary to achieve the 8 goals of sentencing, the court shall impose a determinate sentence. The 9 determinate sentence shall be imposed by the court in whole or half 10 years, and shall include as a part thereof a period of post-release 11 supervision in accordance with subdivision two-a of section 70.45 of 12 this article. [Persons eligible for sentencing under section 70.07 of13this article governing second child sexual assault felonies shall be14sentenced under such section and paragraph (j) of subdivision two-a of15section 70.45 of this article.] 16 4. [(a)] Sentences of imprisonment for felony sex offenses. Except as 17 provided in subdivision five, six[,] or seven[, or eight] of this 18 section, the term of the determinate sentence must be fixed by the court 19 as follows: 20 [(i)] (a) for a class B felony, the term must [be at least five years21and must] not exceed twenty-five years; 22 [(ii)] (b) for a class C felony, the term must [be at least three and23one-half years and must] not exceed fifteen years; 24 [(iii)] (c) for a class D felony, the term must [be at least two years25and must] not exceed seven years; and 26 [(iv)] (d) for a class E felony, the term must [be at least one and27one-half years and must] not exceed four years. 28 [(b) Probation. The court may sentence a defendant convicted of a29class D or class E felony sex offense to probation in accordance with30the provisions of section 65.00 of this title.31(c) Alternative definite sentences for class D and class E felony sex32offenses. If the court, having regard to the nature and circumstances of33the crime and to the history and character of the defendant, is of the34opinion that a sentence of imprisonment is necessary but that it would35be unduly harsh to impose a determinate sentence upon a person convicted36of a class D or class E felony sex offense, the court may impose a defi-37nite sentence of imprisonment and fix a term of one year or less.385. Sentence of imprisonment for a predicate felony sex offender. (a)39Applicability. This subdivision shall apply to a predicate felony sex40offender who stands convicted of a non-violent felony sex offense and41who was previously convicted of one or more felonies.42(b) Non-violent predicate felony offense. When the court has found,43pursuant to the provisions of the criminal procedure law, that a person44is a predicate felony sex offender, and the person's predicate45conviction was for a non-violent felony offense, the court must impose a46determinate sentence of imprisonment, the term of which must be fixed by47the court as follows:48(i) for a class B felony, the term must be at least eight years and49must not exceed twenty-five years;50(ii) for a class C felony, the term must be at least five years and51must not exceed fifteen years;52(iii) for a class D felony, the term must be at least three years and53must not exceed seven years; and54(iv) for a class E felony, the term must be at least two years and55must not exceed four years.A. 2036 20 1(c) Violent predicate felony offense. When the court has found, pursu-2ant to the provisions of the criminal procedure law, that a person is a3predicate felony sex offender, and the person's predicate conviction was4for a violent felony offense, the court must impose a determinate5sentence of imprisonment, the term of which must be fixed by the court6as follows:7(i) for a class B felony, the term must be at least nine years and8must not exceed twenty-five years;9(ii) for a class C felony, the term must be at least six years and10must not exceed fifteen years;11(iii) for a class D felony, the term must be at least four years and12must not exceed seven years; and13(iv) for a class E felony, the term must be at least two and one-half14years and must not exceed four years.15(d) A defendant who stands convicted of a non-violent felony sex16offense, other than a class A-I or class A-II felony, who is adjudicated17a persistent felony offender under section 70.10 of this article, shall18be sentenced pursuant to the provisions of section 70.10 or pursuant to19this subdivision.206.] 5. Sentence of imprisonment for a violent felony sex offense. 21 Except as provided in subdivisions six and seven [and eight] of this 22 section, a defendant who stands convicted of a violent felony sex 23 offense must be sentenced pursuant to the provisions of section 70.02[,24section 70.04, subdivision six of section 70.06, section 70.08, or25section 70.10] of this article, as applicable. 26 [7.] 6. Sentence for a class A felony sex offense. When a person 27 stands convicted of a sexually motivated felony pursuant to section 28 130.91 of this chapter and the specified offense is a class A felony, 29 the court must sentence the defendant in accordance with the provisions 30 of: 31 (a) section 60.06 of this [chapter] title and section 70.00 of this 32 article, as applicable, if such offense is a class A-I felony; and 33 (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if 34 such offense is a class A-II felony. 35 [8.] 7. Whenever a juvenile offender stands convicted of a felony sex 36 offense, he or she must be sentenced pursuant to the provisions of 37 sections 60.10 and 70.05 of this [chapter] title. 38 [9.] 8. Every determinate sentence for a felony sex offense, as 39 defined in paragraph (a) of subdivision one of this section, imposed 40 pursuant to any section of this article, shall include as a part thereof 41 a period of post-release supervision in accordance with subdivision 42 two-a of section 70.45 of this article. 43 § 24. Paragraph (b) of subdivision 3 of section 60.01 of the penal 44 law, as amended by chapter 548 of the laws of 1984, is amended to read 45 as follows: 46 (b) A fine authorized by article eighty[, provided, however, that when47the conviction is of a class B felony or of any felony defined in arti-48cle two hundred twenty, the sentence shall not consist solely of a fine] 49 of this title; or 50 § 25. Subdivision 2 of section 60.02 of the penal law, as amended by 51 chapter 471 of the laws of 1980, is amended to read as follows: 52 (2) If the sentence is to be imposed upon a youthful offender finding 53 which has been substituted for a conviction for any felony, the court 54 must impose a sentence authorized to be imposed upon a person convicted 55 of a class E felony [provided, however, that the court must not impose a56sentence of conditional discharge or unconditional discharge if theA. 2036 21 1youthful offender finding was substituted for a conviction of a felony2defined in article two hundred twenty of this chapter]. 3 § 26. Section 60.04 of the penal law, as added by chapter 738 of the 4 laws of 2004, subdivisions 3 and 5 as amended by section 17 of part AAA 5 of chapter 56 of the laws of 2009, subdivision 6 as amended by section 6 120 of subpart B of part C of chapter 62 of the laws of 2011 and subdi- 7 vision 7 as amended by chapter 322 of the laws of 2021, is amended to 8 read as follows: 9 § 60.04 Authorized disposition; controlled substances [and marihuana10felony] offenses. 11 1. Applicability. Notwithstanding the provisions of any law, this 12 section shall govern the dispositions authorized when a person is to be 13 sentenced upon a conviction of a felony offense defined in article two 14 hundred twenty [or two hundred twenty-one] of this chapter [or when a15person is to be sentenced upon a conviction of such a felony as a multi-16ple felony offender as defined in subdivision five of this section]. 17 2. Class A felony. Every person convicted of a class A felony must be 18 sentenced [to imprisonment] in accordance with section 70.71 of this 19 title[, unless such person is convicted of a class A-II felony and is20sentenced to probation for life in accordance with section 65.00 of this21title]. 22 3. Class B felonies. Every person convicted of a class B felony must 23 be sentenced [to imprisonment] in accordance with the applicable 24 provisions of section 70.70 of this [chapter, a definite sentence of25imprisonment with a term of one year or less or probation in accordance26with section 65.00 of this chapter provided, however, a person convicted27of criminal sale of a controlled substance to a child as defined in28section 220.48 of this chapter must be sentenced to a determinate29sentence of imprisonment in accordance with the applicable provisions of30section 70.70 of this chapter or to a sentence of probation in accord-31ance with the opening paragraph of paragraph (b) of subdivision one of32section 65.00 of this chapter] title. 33 4. Alternative sentence. [Where a sentence of imprisonment or a34sentence of probation as an alternative to imprisonment is not required35to be imposed pursuant to subdivision two, three or five of this36section, the court may impose any other sentence authorized by section3760.01 of this article, provided that when the court imposes a sentence38of imprisonment, such sentence must be in accordance with section 70.7039of this title.] Where the court imposes a sentence of imprisonment in 40 accordance with this section, the court may also impose a fine author- 41 ized by article eighty of this title and in such case the sentence shall 42 be both imprisonment and a fine. 43 5. [Multiple felony offender. Where the court imposes a sentence44pursuant to subdivision three of section 70.70 of this chapter upon a45second felony drug offender, as defined in paragraph (b) of subdivision46one of section 70.70 of this chapter, it must sentence such offender to47imprisonment in accordance with the applicable provisions of section4870.70 of this chapter, a definite sentence of imprisonment with a term49of one year or less, or probation in accordance with section 65.00 of50this chapter, provided, however, that where the court imposes a sentence51upon a class B second felony drug offender, it must sentence such offen-52der to a determinate sentence of imprisonment in accordance with the53applicable provisions of section 70.70 of this chapter or to a sentence54of probation in accordance with the opening paragraph of paragraph (b)55of subdivision one of section 65.00 of this chapter. When the court56imposes sentence on a second felony drug offender pursuant to subdivi-A. 2036 22 1sion four of section 70.70 of this chapter, it must impose a determinate2sentence of imprisonment in accordance with such subdivision.36.] Substance abuse treatment. When the court imposes a sentence of 4 imprisonment which requires a commitment to the state department of 5 corrections and community supervision [upon a person who stands6convicted of a controlled substance or marihuana offense], the court 7 may, upon motion of the defendant in its discretion, issue an order 8 directing that the department of corrections and community supervision 9 enroll the defendant in the comprehensive alcohol and substance abuse 10 treatment program in an alcohol and substance abuse treatment correc- 11 tional annex as defined in subdivision eighteen of section two of the 12 correction law, provided that the defendant will satisfy the statutory 13 eligibility criteria for participation in such program. Notwithstanding 14 the foregoing provisions of this subdivision, any defendant to be 15 enrolled in such program pursuant to this subdivision shall be governed 16 by the same rules and regulations promulgated by the department of 17 corrections and community supervision, including without limitation 18 those rules and regulations establishing requirements for completion and 19 those rules and regulations governing discipline and removal from the 20 program. No such period of court ordered corrections based drug abuse 21 treatment pursuant to this subdivision shall be required to extend 22 beyond the defendant's conditional release date. 23 [7.] 6. a. Shock incarceration participation. When the court imposes a 24 sentence of imprisonment which requires a commitment to the department 25 of corrections and community supervision upon a person [who stands26convicted of a controlled substance or marihuana offense], upon motion 27 of the defendant, the court may issue an order directing that the 28 department of corrections and community supervision enroll the defendant 29 in the shock incarceration program as defined in article twenty-six-A of 30 the correction law, provided that the defendant is an eligible incarcer- 31 ated individual, as described in subdivision one of section eight 32 hundred sixty-five of the correction law. Notwithstanding the foregoing 33 provisions of this subdivision, any defendant to be enrolled in such 34 program pursuant to this subdivision shall be governed by the same rules 35 and regulations promulgated by the department of corrections and commu- 36 nity supervision, including without limitation those rules and regu- 37 lations establishing requirements for completion and such rules and 38 regulations governing discipline and removal from the program. 39 b. (i) In the event that an incarcerated individual designated by 40 court order for enrollment in the shock incarceration program requires a 41 degree of medical care or mental health care that cannot be provided at 42 a shock incarceration facility, the department, in writing, shall notify 43 the incarcerated individual, provide a proposal describing a proposed 44 alternative-to-shock-incarceration program, and notify him or her that 45 he or she may object in writing to placement in such alternative-to- 46 shock-incarceration program. If the incarcerated individual objects in 47 writing to placement in such alternative-to-shock-incarceration program, 48 the department of corrections and community supervision shall notify the 49 sentencing court, provide such proposal to the court, and arrange for 50 the incarcerated individual's prompt appearance before the court. The 51 court shall provide the proposal and notice of a court appearance to the 52 people, the incarcerated individual and the appropriate defense attor- 53 ney. After considering the proposal and any submissions by the parties, 54 and after a reasonable opportunity for the people, the incarcerated 55 individual and counsel to be heard, the court may modify its sentencingA. 2036 23 1 order accordingly, notwithstanding the provisions of section 430.10 of 2 the criminal procedure law. 3 (ii) An incarcerated individual who successfully completes an alterna- 4 tive-to-shock-incarceration program within the department of corrections 5 and community supervision shall be treated in the same manner as a 6 person who has successfully completed the shock incarceration program, 7 as set forth in subdivision four of section eight hundred sixty-seven of 8 the correction law. 9 § 27. Section 60.05 of the penal law, as amended by chapter 410 of the 10 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended 11 by chapter 738 of the laws of 2004, subdivision 1 as amended by chapter 12 7 of the laws of 2007, subdivision 5 as amended by chapter 405 of the 13 laws of 2010 and subdivision 8 as amended by chapter 486 of the laws of 14 2022, is amended to read as follows: 15 § 60.05 Authorized dispositions; other class A, B, certain C and D felo- 16 nies [and multiple felony offenders]. 17 1. Applicability. Except as provided in section 60.04 of this article 18 governing the authorized dispositions applicable to felony offenses 19 defined in article two hundred twenty [or two hundred twenty-one] of 20 this chapter or in section 60.13 of this article governing the author- 21 ized dispositions applicable to felony sex offenses defined in paragraph 22 (a) of subdivision one of section 70.80 of this title, this section 23 shall govern the dispositions authorized when a person is to be 24 sentenced upon a conviction of a class A felony, a class B felony or a 25 class C, class D or class E felony specified [herein, or when a person26is to be sentenced upon a conviction of a felony as a multiple felony27offender] in this section. 28 2. Class A felony. [Except as provided in subdivisions three and four29of section 70.06 of this chapter, every] Every person convicted of a 30 class A felony must be sentenced [to imprisonment] in accordance with 31 section 70.00 of this title[, unless such person is convicted of murder32in the first degree and is sentenced in accordance with section 60.06 of33this article]. 34 3. Class B felony. [Except as provided in subdivision six of this35section, every] Every person convicted of a class B violent felony 36 offense as defined in subdivision one of section 70.02 of this title, 37 must be sentenced [to imprisonment] in accordance with such section 38 [70.02]; and[, except as provided in subdivision six of this section,] 39 every person convicted of any other class B felony must be sentenced [to40imprisonment] in accordance with section 70.00 of this title. 41 4. Certain class C felonies. [Except as provided in subdivision six,42every] Every person convicted of a class C violent felony offense as 43 defined in subdivision one of section 70.02 of this title, must be 44 sentenced [to imprisonment] in accordance with section 70.02 of this 45 title[; and, except as provided in subdivision six of this section,46every person convicted of the class C felonies of: attempt to commit any47of the class B felonies of bribery in the first degree as defined in48section 200.04, bribe receiving in the first degree as defined in49section 200.12, conspiracy in the second degree as defined in section50105.15 and criminal mischief in the first degree as defined in section51145.12; criminal usury in the first degree as defined in section 190.42,52rewarding official misconduct in the first degree as defined in section53200.22, receiving reward for official misconduct in the first degree as54defined in section 200.27, attempt to promote prostitution in the first55degree as defined in section 230.32, promoting prostitution in the56second degree as defined in section 230.30, arson in the third degree asA. 2036 24 1defined in section 150.10 of this chapter, must be sentenced to impri-2sonment in accordance with section 70.00 of this title]. 3 5. Certain class D felonies. [Except as provided in subdivision six of4this section, every] Every person convicted of the class D felonies of 5 assault in the second degree as defined in section 120.05, strangulation 6 in the second degree as defined in section 121.12 or attempt to commit a 7 class C felony as defined in section 230.30 of this chapter, must be 8 sentenced in accordance with section 70.00 or 85.00 of this title. 9 6. [Multiple felony offender. When the court imposes sentence upon a10second violent felony offender, as defined in section 70.04, or a second11felony offender, as defined in section 70.06, the court must impose a12sentence of imprisonment in accordance with section 70.04 or 70.06, as13the case may be, unless it imposes a sentence of imprisonment in accord-14ance with section 70.08 or 70.10.157.] Fines. Where the court imposes a sentence of imprisonment in 16 accordance with this section, the court also may impose a fine author- 17 ized by article eighty of this title and in such case the sentence shall 18 be both imprisonment and a fine. 19 [8.] 7. Shock incarceration participation. (a) When the court imposes 20 a determinate sentence of imprisonment pursuant to subdivision [three] 21 two of section 70.02 of this [chapter or subdivision six of section2270.06 of this chapter upon a person who stands convicted either of23burglary in the second degree as defined in subdivision two of section24140.25 of this chapter or robbery in the second degree as defined in25subdivision one of section 160.10 of this chapter, or an attempt there-26of] title, upon motion of the defendant, the court may issue an order 27 directing that the department of corrections and community supervision 28 enroll the defendant in the shock incarceration program as defined in 29 article twenty-six-A of the correction law, provided that the defendant 30 is an eligible incarcerated individual, as described in subdivision one 31 of section eight hundred sixty-five of the correction law. Notwithstand- 32 ing the foregoing provisions of this subdivision, any defendant to be 33 enrolled in such program pursuant to this subdivision shall be governed 34 by the same rules and regulations promulgated by the department of 35 corrections and community supervision, including without limitation 36 those rules and regulations establishing requirements for completion and 37 such rules and regulations governing discipline and removal from the 38 program. 39 (b) Paragraph b of subdivision seven of section 60.04 of this article 40 shall apply in the event an incarcerated individual designated by court 41 order for enrollment in the shock incarceration program requires a 42 degree of medical care or mental health care that cannot be provided at 43 a shock incarceration facility. 44 § 28. Paragraph (ii) of subdivision b of section 60.09 of the penal 45 law, as added by chapter 410 of the laws of 1979, is amended to read as 46 follows: 47 (ii) if the conviction was for a class A-II offense the court may 48 impose a new minimum term which shall be [no less than three years49imprisonment and] no more than eight and one-third years; 50 § 29. Section 60.10 of the penal law, as amended by chapter 411 of the 51 laws of 1979, is amended to read as follows: 52 § 60.10 Authorized disposition; juvenile offender. 53 1. When a juvenile offender is convicted of a crime, the court shall 54 sentence the defendant [to imprisonment] in accordance with section 55 70.05 of this title or sentence him upon a youthful offender finding in 56 accordance with section 60.02 of this [chapter] article.A. 2036 25 1 2. Subdivision one of this section shall apply when sentencing a juve- 2 nile offender notwithstanding the provisions of any other law that deals 3 with the authorized sentence for persons who are not juvenile offenders. 4 [Provided, however, that the limitation prescribed by this section shall5not be deemed or construed to bar use of a conviction of a juvenile6offender, other than a juvenile offender who has been adjudicated a7youthful offender pursuant to section 720.20 of the criminal procedure8law, as a previous or predicate felony offender under section 70.04,970.06, 70.08 or 70.10, when sentencing a person who commits a felony10after he has reached the age of sixteen.] 11 § 30. Section 60.12 of the penal law, as amended by chapter 31 of the 12 laws of 2019, subdivision 1 as amended by section 1 of part WW of chap- 13 ter 55 of the laws of 2019, is amended to read as follows: 14 § 60.12 Authorized disposition; alternative sentence; domestic violence 15 cases. 16 1. Notwithstanding any other provision of law, where a court is impos- 17 ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06] or 18 subdivision two or three of section 70.71 of this title, [other than for19an offense defined in section 125.26, 125.27, subdivision five of20section 125.25, or article 490 of this chapter, or for an offense which21would require such person to register as a sex offender pursuant to22article six-C of the correction law, an attempt or conspiracy to commit23any such offense,] and is authorized [or required] pursuant to sections 24 70.00, 70.02[, 70.06] or subdivision two or three of section 70.71 of 25 this title to impose a sentence of imprisonment, the court, upon a 26 determination following a hearing that (a) at the time of the instant 27 offense, the defendant was a victim of domestic violence subjected to 28 substantial physical, sexual or psychological abuse inflicted by a 29 member of the same family or household as the defendant as such term is 30 defined in subdivision one of section 530.11 of the criminal procedure 31 law; (b) such abuse was a significant contributing factor to the defend- 32 ant's criminal behavior; (c) having regard for the nature and circum- 33 stances of the crime and the history, character and condition of the 34 defendant, that a sentence of imprisonment pursuant to section 70.00, 35 70.02[, 70.06] or subdivision two or three of section 70.71 of this 36 title would be unduly harsh may instead impose a sentence in accordance 37 with this section, except that nothing in this section shall relieve the 38 prosecution of its burden under the provisions of section 60.03 of this 39 article, or abrogate the process afforded the defendant in such section. 40 A court may determine that such abuse constitutes a significant 41 contributing factor pursuant to paragraph (b) of this subdivision 42 regardless of whether the defendant raised a defense pursuant to article 43 thirty-five, article forty, or subdivision one of section 125.25 of this 44 chapter. 45 At the hearing to determine whether the defendant should be sentenced 46 pursuant to this section, the court shall consider oral and written 47 arguments, take testimony from witnesses offered by either party, and 48 consider relevant evidence to assist in making its determination. Reli- 49 able hearsay shall be admissible at such hearings. 50 2. Where a court would otherwise be required to impose a sentence 51 pursuant to section 70.02 of this title, the court may impose a definite 52 sentence of imprisonment of one year or less, or probation in accordance 53 with the provisions of section 65.00 of this title, or may fix a deter- 54 minate term of imprisonment as follows: 55 (a) For a class B felony, the term must be at least one year and must 56 not exceed five years;A. 2036 26 1 (b) For a class C felony, the term must be at least one year and must 2 not exceed three and one-half years; 3 (c) For a class D felony, the term must be at least one year and must 4 not exceed two years; and 5 (d) For a class E felony, the term must be one year and must not 6 exceed one and one-half years. 7 3. Where a court would otherwise be required to impose a sentence for 8 a class A felony offense pursuant to section 70.00 of this title, the 9 court may fix a determinate term of imprisonment of at least [five10years] one year and not to exceed fifteen years, or impose a definite 11 sentence of imprisonment of one year or less, or probation in accordance 12 with the provisions of section 65.00 of this title. 13 4. Where a court would otherwise be required to impose a sentence for 14 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 15 of subdivision two of section 70.71 of this title, the court may fix a 16 determinate term of imprisonment of at least [five years] one year and 17 not to exceed eight years, or impose a definite sentence of imprisonment 18 of one year or less, or probation in accordance with the provisions of 19 section 65.00 of this title. 20 5. Where a court would otherwise be required to impose a sentence for 21 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 22 of subdivision three of section 70.71 of this title, the court may fix a 23 determinate term of imprisonment of at least [five years] one year and 24 not to exceed twelve years, or impose a definite sentence of imprison- 25 ment of one year or less, or probation in accordance with the provisions 26 of section 65.00 of this title. 27 6. Where a court would otherwise be required to impose a sentence for 28 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 29 of subdivision two of section 70.71 of this title, the court may fix a 30 determinate term of imprisonment of at least one year and not to exceed 31 three years, or impose a definite sentence of imprisonment of one year 32 or less, or probation in accordance with the provisions of section 65.00 33 of this title. 34 7. Where a court would otherwise be required to impose a sentence for 35 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 36 of subdivision three of section 70.71 of this title, the court may fix a 37 determinate term of imprisonment of at least [three years] one year and 38 not to exceed six years, or impose a definite sentence of imprisonment 39 of one year or less, or probation in accordance with the provisions of 40 section 65.00 of this title. 41 [8. Where a court would otherwise be required to impose a sentence42pursuant to subdivision six of section 70.06 of this title, the court43may fix a term of imprisonment as follows:44(a) For a class B felony, the term must be at least three years and45must not exceed eight years;46(b) For a class C felony, the term must be at least two and one-half47years and must not exceed five years;48(c) For a class D felony, the term must be at least two years and must49not exceed three years;50(d) For a class E felony, the term must be at least one and one-half51years and must not exceed two years.529. Where a court would otherwise be required to impose a sentence for53a class B, C, D or E felony offense pursuant to section 70.00 of this54title, the court may impose a sentence in accordance with the provisions55of subdivision two of section 70.70 of this title.A. 2036 27 110. Except as provided in subdivision seven of this section, where a2court would otherwise be required to impose a sentence pursuant to3subdivision three of section 70.06 of this title, the court may impose a4sentence in accordance with the provisions of subdivision three of5section 70.70 of this title.611. Where a court would otherwise be required to impose a sentence7pursuant to subdivision three of section 70.06 of this title, where the8prior felony conviction was for a felony offense defined in section970.02 of this title, the court may impose a sentence in accordance with10the provisions of subdivision four of section 70.70 of this title.] 11 § 31. Subdivision h of section 74 of chapter 3 of the laws of 1995, 12 enacting the sentencing reform act of 1995, as amended by section 8 of 13 part A of chapter 55 of the laws of 2021, is amended to read as follows: 14 h. Section fifty-two of this act shall be deemed to have been in full 15 force and effect on and after April 1, 1995; provided, however, that the 16 provisions of section 189 of the correction law, as amended by section 17 fifty-five of this act[, subdivision 5 of section 60.35 of the penal18law, as amended by section fifty-six of this act,] and section fifty- 19 seven of this act shall expire September 1, 2023, when upon such date 20 the amendments to the correction law [and penal law] made by [sections] 21 section fifty-five [and fifty-six] of this act shall revert to and be 22 read as if the provisions of this act had not been enacted; provided, 23 however, that sections sixty-two, sixty-three and sixty-four of this act 24 shall be deemed to have been in full force and effect on and after March 25 1, 1995 and shall be deemed repealed April 1, 1996 and upon such date 26 the provisions of subsection (e) of section 9110 of the insurance law 27 and subdivision 2 of section 89-d of the state finance law shall revert 28 to and be read as set out in law on the date immediately preceding the 29 effective date of sections sixty-two and sixty-three of this act; 30 § 32. Section 65.00 of the penal law, subdivisions 1 and 2 as amended 31 by chapter 835 of the laws of 1974, the opening paragraph of paragraph 32 (a) of subdivision 1 as amended by chapter 738 of the laws of 2004, the 33 opening paragraph of paragraph (b) of subdivision 1 as amended by 34 section 19 and subparagraph (ii) of paragraph (a) of subdivision 3 as 35 amended by section 20 of part AAA of chapter 56 of the laws of 2009, the 36 closing paragraph of subdivision 1 as amended by chapter 3 of the laws 37 of 1995, subdivision 3 as amended by chapter 264 of the laws of 2003, 38 subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and 39 paragraph (d) of subdivision 3 as amended by chapter 556 of the laws of 40 2013, paragraph (c) of subdivision 3 as amended by chapter 568 of the 41 laws of 2004, the closing paragraph of subdivision 3 as amended by chap- 42 ter 320 of the laws of 2006, subdivision 4 as amended by chapter 17 of 43 the laws of 2014, and subdivision 5 as amended by chapter 264 of the 44 laws of 2003 and as renumbered by chapter 556 of the laws of 2013, is 45 amended to read as follows: 46 § 65.00 Sentence of probation. 47 1. [Criteria. (a) Except as otherwise required by section 60.04 or4860.05 of this title, and except as provided by paragraph (b) hereof, the49court may sentence a person to a period of probation upon conviction of50any crime if the court, having regard to the nature and circumstances of51the crime and to the history, character and condition of the defendant,52is of the opinion that:53(i) Institutional confinement for the term authorized by law of the54defendant is or may not be necessary for the protection of the public;A. 2036 28 1(ii) the defendant is in need of guidance, training or other assist-2ance which, in his case, can be effectively administered through3probation supervision; and4(iii) such disposition is not inconsistent with the ends of justice.5(b) The court, with the concurrence of either the administrative judge6of the court or of the judicial district within which the court is situ-7ated or such administrative judge as the presiding justice of the appro-8priate appellate division shall designate, may sentence a person to a9period of probation upon conviction of a class A-II felony defined in10article two hundred twenty, the class B felony defined in section 220.4811of this chapter or any other class B felony defined in article two12hundred twenty of this chapter where the person is a second felony drug13offender as defined in paragraph (b) of subdivision one of section 70.7014of this chapter, if the prosecutor either orally on the record or in a15writing filed with the indictment recommends that the court sentence16such person to a period of probation upon the ground that such person17has or is providing material assistance in the investigation, apprehen-18sion or prosecution of any person for a felony defined in article two19hundred twenty or the attempt or the conspiracy to commit any such felo-20ny, and if the court, having regard to the nature and circumstances of21the crime and to the history, character and condition of the defendant22is of the opinion that:23(i) Institutional confinement of the defendant is not necessary for24the protection of the public;25(ii) The defendant is in need of guidance, training or other assist-26ance which, in his case, can be effectively administered through27probation supervision;28(iii) The defendant has or is providing material assistance in the29investigation, apprehension or prosecution of a person for a felony30defined in article two hundred twenty or the attempt or conspiracy to31commit any such felony; and32(iv) Such disposition is not inconsistent with the ends of justice.33Provided, however, that the court shall not, except to the extent34authorized by paragraph (d) of subdivision two of section 60.01 of this35chapter, impose a sentence of probation in any case where it sentences a36defendant for more than one crime and imposes a sentence of imprisonment37for any one of the crimes, or where the defendant is subject to an38undischarged indeterminate or determinate sentence of imprisonment which39was imposed at a previous time by a court of this state and has more40than one year to run.412.] Sentence. When a person is sentenced to a period of probation the 42 court shall, except to the extent authorized by paragraph (d) of subdi- 43 vision two of section 60.01 of this [chapter] title, impose the period 44 authorized by subdivision [three] two of this section and shall specify, 45 in accordance with section 65.10 of this article, the conditions to be 46 complied with. The court may modify or enlarge the conditions or, if the 47 defendant commits an additional offense or violates a condition, revoke 48 the sentence at any time prior to the expiration or termination of the 49 period of probation. 50 [3.] 2. Periods of probation. Unless terminated sooner in accordance 51 with the criminal procedure law, the period of probation shall be as 52 follows: 53 (a) (i) For a felony, other than a class A-II felony defined in arti- 54 cle two hundred twenty of this chapter or the class B felony defined in 55 section 220.48 of this chapter, [or any other class B felony defined in56article two hundred twenty of this chapter committed by a second felonyA. 2036 29 1drug offender,] or a sexual assault, the period of probation shall [be a2term of three, four or] not exceed five years; 3 (ii) For a class A-II felony drug offender as defined in paragraph (a) 4 of subdivision one of section 70.71 of this [chapter as described in5paragraph (b) of subdivision one of this section, or a class B felony6committed by a second felony drug offender described in paragraph (b) of7subdivision one of this section, the] title, any period of probation 8 [shall be life] may be imposed and for a class B felony defined in 9 section 220.48 of this chapter, the period of probation shall [be] not 10 exceed twenty-five years; 11 (iii) For a felony sexual assault, the period of probation shall [be] 12 not exceed ten years. 13 (b) (i) For a class A misdemeanor, other than a sexual assault, the 14 period of probation shall [be] not exceed a term of [two or] three 15 years; 16 (ii) For a class A misdemeanor sexual assault, the period of probation 17 shall [be] not exceed six years. 18 (c) For a class B misdemeanor, the period of probation shall [be] not 19 exceed one year, except the period of probation shall [be no less than20one year and no more than] not exceed three years for the class B misde- 21 meanor of public lewdness as defined in section 245.00 of this chapter; 22 (d) For an unclassified misdemeanor, the period of probation shall 23 [be] not exceed a term of [two or] three years if the authorized 24 sentence of imprisonment is in excess of three months, otherwise the 25 period of probation shall [be] not exceed one year. 26 For the purposes of this section, the term "sexual assault" means an 27 offense defined in article one hundred thirty or two hundred sixty- 28 three, or in section 255.25, 255.26 or 255.27 of this chapter, or an 29 attempt to commit any of the foregoing offenses. 30 [4.] 3. If during the periods of probation referenced in subparagraph 31 (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph 32 (d) of subdivision [three] two of this section an alleged violation is 33 sustained following a hearing pursuant to section 410.70 of the criminal 34 procedure law and the court continues or modifies the sentence, the 35 court may extend the remaining period of probation up to the maximum 36 term authorized by this section. Provided, however, a defendant shall 37 receive credit for the time during which he or she was supervised under 38 the original probation sentence prior to any declaration of delinquency 39 and for any time spent in custody pursuant to this article for an 40 alleged violation of probation. 41 [5.] 4. In any case where a court pursuant to its authority under 42 subdivision four of section 60.01 of this [chapter] title revokes 43 probation and sentences such person to imprisonment and probation, as 44 provided in paragraph (d) of subdivision two of section 60.01 of this 45 [chapter] title, the period of probation shall be the remaining period 46 of the original probation sentence or one year whichever is greater. 47 § 33. Section 65.05 of the penal law, subdivision 1 as added by chap- 48 ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi- 49 sion 2 as amended by chapter 742 of the laws of 1981 and subdivision 3 50 as amended by chapter 618 of the laws of 1992, is amended to read as 51 follows: 52 § 65.05 Sentence of conditional discharge. 53 1. [Criteria. (a) Except as otherwise required by section 60.05, the54court may impose a sentence of conditional discharge for an offense if55the court, having regard to the nature and circumstances of the offense56and to the history, character and condition of the defendant, is of theA. 2036 30 1opinion that neither the public interest nor the ends of justice would2be served by a sentence of imprisonment and that probation supervision3is not appropriate.4(b) When a sentence of conditional discharge is imposed for a felony,5the court shall set forth in the record the reasons for its action.62.] Sentence. Except to the extent authorized by paragraph (d) of 7 subdivision two of section 60.01 of this [chapter] title, when the court 8 imposes a sentence of conditional discharge the defendant shall be 9 released with respect to the conviction for which the sentence is 10 imposed without imprisonment or probation supervision but subject, 11 during the period of conditional discharge, to such conditions as the 12 court may determine. The court shall impose the period of conditional 13 discharge authorized by subdivision three of this section and shall 14 specify, in accordance with section 65.10 of this article, the condi- 15 tions to be complied with. If a defendant is sentenced pursuant to 16 paragraph (e) of subdivision two of section 65.10 of this [chapter] 17 article, the court shall require the administrator of the program to 18 provide written notice to the court of any violation of program partic- 19 ipation by the defendant. The court may modify or enlarge the conditions 20 or, if the defendant commits an additional offense or violates a condi- 21 tion, revoke the sentence at any time prior to the expiration or termi- 22 nation of the period of conditional discharge. 23 [3.] 2. Periods of conditional discharge. Unless terminated sooner in 24 accordance with the criminal procedure law, the period of conditional 25 discharge shall be as follows: 26 (a) [Three] Up to three years in the case of a felony; and 27 (b) [One] Up to one year in the case of a misdemeanor or a violation. 28 Where the court has required, as a condition of the sentence, that the 29 defendant make restitution of the fruits of his or her offense or make 30 reparation for the loss caused thereby and such condition has not been 31 satisfied, the court, at any time prior to the expiration or termination 32 of the period of conditional discharge, may impose an additional period. 33 The length of the additional period shall be fixed by the court at the 34 time it is imposed and shall not be more than two years. All of the 35 incidents of the original sentence, including the authority of the court 36 to modify or enlarge the conditions, shall continue to apply during such 37 additional period. 38 § 34. Section 65.20 of the penal law is amended to read as follows: 39 § 65.20 Sentence of unconditional discharge. 40 [1. Criteria. The court may impose a sentence of unconditional41discharge in any case where it is authorized to impose a sentence of42conditional discharge under section 65.05 if the court is of the opinion43that no proper purpose would be served by imposing any condition upon44the defendant's release.45When a sentence of unconditional discharge is imposed for a felony,46the court shall set forth in the record the reasons for its action.472. Sentence.] When the court imposes a sentence of unconditional 48 discharge, the defendant shall be released with respect to the 49 conviction for which the sentence is imposed without imprisonment, fine 50 or probation supervision. A sentence of unconditional discharge is for 51 all purposes a final judgment of conviction. 52 § 35. Subdivision 2 of section 85.00 of the penal law, as added by 53 chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277 54 of the laws of 1973, is amended to read as follows: 55 2. Authorization for use of sentence. The court may impose a sentence 56 of intermittent imprisonment in any case where:A. 2036 31 1 (a) [the court is imposing sentence, upon a person other than a second2or persistent felony offender, for a class D or class E felony or for3any offense that is not a felony; and4(b)] the court is not imposing any other sentence of imprisonment upon 5 the defendant at the same time; and 6 [(c)] (b) the defendant is not under any other sentence of imprison- 7 ment with a term in excess of fifteen days imposed by any other court[;8and]. 9 § 36. Subdivisions 3, 4 and 5 of section 485.10 of the penal law, 10 subdivisions 3 and 4 as added by chapter 107 of the laws of 2000 and 11 subdivision 5 as amended by chapter 624 of the laws of 2022, are amended 12 to read as follows: 13 3. [Notwithstanding any other provision of law, when a person is14convicted of a hate crime pursuant to this article and the specified15offense is a class B felony:16(a) the maximum term of the indeterminate sentence must be at least17six years if the defendant is sentenced pursuant to section 70.00 of18this chapter;19(b) the term of the determinate sentence must be at least eight years20if the defendant is sentenced pursuant to section 70.02 of this chapter;21(c) the term of the determinate sentence must be at least twelve years22if the defendant is sentenced pursuant to section 70.04 of this chapter;23(d) the maximum term of the indeterminate sentence must be at least24four years if the defendant is sentenced pursuant to section 70.05 of25this chapter; and26(e) the maximum term of the indeterminate sentence or the term of the27determinate sentence must be at least ten years if the defendant is28sentenced pursuant to section 70.06 of this chapter.294. Notwithstanding any other provision of law, when a person is30convicted of a hate crime pursuant to this article and the specified31offense is a class A-1 felony, the minimum period of the indeterminate32sentence shall be not less than twenty years.335.] In addition to any of the dispositions authorized by this chapter, 34 the court shall require as part of the sentence imposed upon a person 35 convicted of a hate crime pursuant to this article, that the defendant 36 complete a program, training session or counseling session directed at 37 hate crime prevention and education, where the court determines such 38 program, training session or counseling session is appropriate, avail- 39 able and was developed or authorized by the court or local agencies in 40 cooperation with organizations serving the affected community. 41 § 37. Paragraph (d) of subdivision 2 of section 490.25 of the penal 42 law is REPEALED. 43 § 38. Sections 220.35, 400.15, 400.16, 400.19, 400.20 and 400.21 of 44 the criminal procedure law are REPEALED. 45 § 39. Subdivision 6 of section 2 of the correction law, as amended by 46 chapter 476 of the laws of 1970, is amended to read as follows: 47 6. "Residential treatment facility". A correctional facility consist- 48 ing of a community based residence in or near a community where employ- 49 ment, educational and training opportunities are readily available for 50 persons who [are on parole or conditional release and for persons who] 51 are or who will soon be eligible for release on parole who intend to 52 reside in or near that community when released. 53 § 40. Subdivision 10 of section 73 of the correction law is REPEALED. 54 § 41. Subdivision 1 of section 865 of the correction law, as amended 55 by chapter 322 of the laws of 2021, is amended to read as follows:A. 2036 32 1 1. "Eligible incarcerated individual" means a person sentenced to an 2 indeterminate term of imprisonment who will become eligible for release 3 on parole within three years or sentenced to a determinate term of 4 imprisonment who will become eligible for conditional release within 5 three years[, who has not reached the age of fifty years, who has not6previously been convicted of a violent felony as defined in article7seventy of the penal law, or a felony in any other jurisdiction which8includes all of the essential elements of any such violent felony, upon9which an indeterminate or determinate term of imprisonment was imposed10and who was between the ages of sixteen and fifty years at the time of11commission of the crime upon which his or her present sentence was12based. Notwithstanding the foregoing, no person who is convicted of any13of the following crimes shall be deemed eligible to participate in this14program: (a) a violent felony offense as defined in article seventy of15the penal law; provided, however, that a person who is convicted of16burglary in the second degree as defined in subdivision two of section17140.25 of the penal law, or robbery in the second degree as defined in18subdivision one of section 160.10 of the penal law, or an attempt there-19of, is eligible to participate, (b) an A-I felony offense, (c) any homi-20cide offense as defined in article one hundred twenty-five of the penal21law, (d) any felony sex offense as defined in article one hundred thirty22of the penal law and (e) any escape or absconding offense as defined in23article two hundred five of the penal law]. 24 § 42. Section 220.10 of the criminal procedure law, as amended by 25 chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410 26 of the laws of 1979, subparagraph (i) of paragraph (a) of subdivision 5 27 as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi- 28 sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of 29 paragraph (d) of subdivision 5 as amended by chapter 189 of the laws of 30 2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws 31 of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended 32 by chapter 264 of the laws of 2003, the second undesignated paragraph of 33 paragraph (g) of subdivision 5 as amended by chapter 920 of the laws of 34 1982, the closing paragraph of paragraph (g) of subdivision 5 as amended 35 by chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5 as 36 added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5 37 as amended by chapter 322 of the laws of 2021 and subdivision 6 as added 38 by chapter 548 of the laws of 1980, is amended to read as follows: 39 § 220.10 Plea; kinds of pleas. 40 The only kinds of pleas which may be entered to an indictment are 41 those specified in this section: 42 1. The defendant may as a matter of right enter a plea of "not guilty" 43 to the indictment. 44 2. [Except as provided in subdivision five, the] The defendant may as 45 a matter of right enter a plea of "guilty" to the entire indictment. 46 3. [Except as provided in subdivision five, where] Where the indict- 47 ment charges but one crime, the defendant may, with [both] either the 48 permission of the court [and] in furtherance of justice in accordance 49 with the factors outlined in subdivision one of section 210.40 of this 50 part, or the consent of the people with the permission of the court, 51 enter a plea of guilty of a lesser included offense. 52 4. [Except as provided in subdivision five, where] Where the indict- 53 ment charges two or more offenses in separate counts, the defendant may, 54 with [both] either the permission of the court [and] in furtherance of 55 justice in accordance with the factors outlined in subdivision one ofA. 2036 33 1 section 210.40 of this part, or the consent of the people with the 2 permission of the court, enter a plea of: 3 (a) Guilty of one or more but not all of the offenses charged; or 4 (b) Guilty of a lesser included offense with respect to any or all of 5 the offenses charged; or 6 (c) Guilty of any combination of offenses charged and lesser offenses 7 included within other offenses charged. 8 5. [(a) (i) Where the indictment charges one of the class A felonies9defined in article two hundred twenty of the penal law or the attempt to10commit any such class A felony, then any plea of guilty entered pursuant11to subdivision three or four of this section must be or must include at12least a plea of guilty of a class B felony.13(iii) Where the indictment charges one of the class B felonies defined14in article two hundred twenty of the penal law then any plea of guilty15entered pursuant to subdivision three or four must be or must include at16least a plea of guilty of a class D felony.17(b) Where the indictment charges any class B felony, other than a18class B felony defined in article two hundred twenty of the penal law or19a class B violent felony offense as defined in subdivision one of20section 70.02 of the penal law, then any plea of guilty entered pursuant21to subdivision three or four must be or must include at least a plea of22guilty of a felony.23(c) Where the indictment charges a felony, other than a class A felony24or class B felony defined in article two hundred twenty of the penal law25or class B or class C violent felony offense as defined in subdivision26one of section 70.02 of the penal law, and it appears that the defendant27has previously been subjected to a predicate felony conviction as28defined in penal law section 70.06 then any plea of guilty entered29pursuant to subdivision three or four must be or must include at least a30plea of guilty of a felony.31(d) Where the indictment charges a class A felony, other than those32defined in article two hundred twenty of the penal law, or charges a33class B or class C violent felony offense as defined in subdivision one34of section 70.02 of the penal law, then a plea of guilty entered pursu-35ant to subdivision three or four must be as follows:36(i) Where the indictment charges a class A felony offense or a class B37violent felony offense which is also an armed felony offense then a plea38of guilty must include at least a plea of guilty to a class C violent39felony offense;40(ii) Except as provided in subparagraph (i) of this paragraph, where41the indictment charges a class B violent felony offense or a class C42violent felony offense, then a plea of guilty must include at least a43plea of guilty to a class D violent felony offense;44(iii) Where the indictment charges the class D violent felony offense45of criminal possession of a weapon in the third degree as defined in46subdivision four of section 265.02 of the penal law, and the defendant47has not been previously convicted of a class A misdemeanor defined in48the penal law in the five years preceding the commission of the offense,49then a plea of guilty must be either to the class E violent felony50offense of attempted criminal possession of a weapon in the third degree51or to the class A misdemeanor of criminal possession of a weapon in the52fourth degree as defined in subdivision one of section 265.01 of the53penal law;54(iv) Where the indictment charges the class D violent felony offenses55of criminal possession of a weapon in the third degree as defined in56subdivision four of section 265.02 of the penal law and the provisionsA. 2036 34 1of subparagraph (iii) of this paragraph do not apply, or subdivision2five, seven or eight of section 265.02 of the penal law, then a plea of3guilty must include at least a plea of guilty to a class E violent felo-4ny offense.5(e) A defendant may not enter a plea of guilty to the crime of murder6in the first degree as defined in section 125.27 of the penal law;7provided, however, that a defendant may enter such a plea with both the8permission of the court and the consent of the people when the agreed9upon sentence is either life imprisonment without parole or a term of10imprisonment for the class A-I felony of murder in the first degree11other than a sentence of life imprisonment without parole.12(f) The provisions of this subdivision shall apply irrespective of13whether the defendant is thereby precluded from entering a plea of guil-14ty of any lesser included offense.15(g)] Where the defendant is a juvenile offender, [the provisions of16paragraphs (a), (b), (c) and (d) of this subdivision shall not apply17and] any plea entered pursuant to subdivision three or four of this 18 section, must be as follows: 19 [(i)] (a) If the indictment charges a person fourteen or fifteen years 20 old with the crime of murder in the second degree any plea of guilty 21 entered pursuant to subdivision three or four must be a plea of guilty 22 of a crime for which the defendant is criminally responsible; 23 [(ii)] (b) If the indictment does not charge a crime specified in 24 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, then 25 any plea of guilty entered pursuant to subdivision three or four of this 26 section must be a plea of guilty of a crime for which the defendant is 27 criminally responsible unless a plea of guilty is accepted pursuant to 28 [subparagraph (iii)] paragraph (c) of this [paragraph] subdivision; 29 [(iii)] (c) Where the indictment does not charge a crime specified in 30 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, the 31 district attorney may recommend removal of the action to the family 32 court. Upon making such recommendation the district attorney shall 33 submit a subscribed memorandum setting forth: [(1)] (i) a recommendation 34 that the interests of justice would best be served by removal of the 35 action to the family court; and [(2)] (ii) if the indictment charges a 36 thirteen year old with the crime of murder in the second degree, or a 37 fourteen or fifteen year old with the crimes of rape in the first degree 38 as defined in subdivision one of section 130.35 of the penal law, or 39 criminal sexual act in the first degree as defined in subdivision one of 40 section 130.50 of the penal law, or an armed felony as defined in para- 41 graph (a) of subdivision forty-one of section 1.20 of this chapter 42 specific factors, one or more of which reasonably supports the recommen- 43 dation, showing, [(i)] (1) mitigating circumstances that bear directly 44 upon the manner in which the crime was committed, or [(ii)] (2) where 45 the defendant was not the sole participant in the crime, that the 46 defendant's participation was relatively minor although not so minor as 47 to constitute a defense to the prosecution, or [(iii)] (3) possible 48 deficiencies in proof of the crime, or [(iv)] (4) where the juvenile 49 offender has no previous adjudications of having committed a designated 50 felony act, as defined in subdivision eight of section 301.2 of the 51 family court act, regardless of the age of the offender at the time of 52 commission of the act, that the criminal act was not part of a pattern 53 of criminal behavior and, in view of the history of the offender, is not 54 likely to be repeated. 55 If the court is of the opinion based on specific factors set forth in 56 the district attorney's memorandum that the interests of justice wouldA. 2036 35 1 best be served by removal of the action to the family court, a plea of 2 guilty of a crime or act for which the defendant is not criminally 3 responsible may be entered pursuant to subdivision three or four of this 4 section, except that a thirteen year old charged with the crime of 5 murder in the second degree may only plead to a designated felony act, 6 as defined in subdivision eight of section 301.2 of the family court 7 act. 8 Upon accepting any such plea, the court must specify upon the record 9 the portion or portions of the district attorney's statement the court 10 is relying upon as the basis of its opinion and that it believes the 11 interests of justice would best be served by removal of the proceeding 12 to the family court. Such plea shall then be deemed to be a juvenile 13 delinquency fact determination and the court upon entry thereof must 14 direct that the action be removed to the family court in accordance with 15 the provisions of article seven hundred twenty-five of this chapter. 16 [(g-1)] 5-a. Where a defendant is an adolescent offender, the 17 provisions of paragraphs (a), (b)[,] and (c) [and (d)] of [this] subdi- 18 vision five of this section shall not apply. Where the plea is to an 19 offense constituting a misdemeanor, the plea shall be deemed replaced by 20 an order of fact-finding in a juvenile delinquency proceeding, pursuant 21 to section 346.1 of the family court act, and the action shall be 22 removed to the family court in accordance with article seven hundred 23 twenty-five of this chapter. Where the plea is to an offense constitut- 24 ing a felony, the court may remove the action to the family court in 25 accordance with section 722.23 and article seven hundred twenty-five of 26 this chapter. 27 [(h) Where the indictment charges the class E felony offense of aggra-28vated harassment of an employee by an incarcerated individual as defined29in section 240.32 of the penal law, then a plea of guilty must include30at least a plea of guilty to a class E felony.] 31 6. The defendant may, with both the permission of the court and the 32 consent of the people, enter a plea of not responsible by reason of 33 mental disease or defect to the indictment in the manner prescribed in 34 section 220.15 of this [chapter] article. 35 § 43. Subdivision 3 of section 220.30 of the criminal procedure law is 36 REPEALED. 37 § 44. This act shall take effect immediately.
