Bill Text: NY S06471 | 2023-2024 | General Assembly | Amended


Bill Title: Enacts the "Marvin Mayfield act", eliminating mandatory minimum sentences.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Introduced) 2024-03-27 - PRINT NUMBER 6471A [S06471 Detail]

Download: New_York-2023-S06471-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6471--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 21, 2023
                                       ___________

        Introduced  by  Sens.  MYRIE,  BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE,
          COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ,  HARCKHAM,  HOYLMAN-SI-
          GAL,  JACKSON, KAVANAGH, KENNEDY, KRUEGER, MAY, PARKER, RAMOS, RIVERA,
          SALAZAR, SANDERS, SEPULVEDA, SERRANO -- read twice and ordered  print-
          ed,  and  when  printed  to  be committed to the Committee on Codes --
          recommitted to the Committee on Codes in accordance with  Senate  Rule
          6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the penal  law,  the  criminal  procedure  law  and  the
          correction  law,  in  relation  to  eliminating mandatory minimums; to
          amend the sentencing reform act of 1995, in relation to the effective-
          ness 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  effectiveness  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.   Short title. This act shall be known and may be cited as
     2  the "Marvin Mayfield act".
     3    § 2. Subdivision 6 of section 1.05 of the penal  law,  as  amended  by
     4  chapter 98 of the laws of 2006, is amended to read as follows:
     5    6.  To [insure the public] promote community safety by [preventing the
     6  commission of offenses through the deterrent influence of the  sentences
     7  authorized,]  supporting  the  rehabilitation of [those] individuals who
     8  have been convicted, [the promotion of] and their successful and produc-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04611-05-4

        S. 6471--A                          2

     1  tive reentry and reintegration into society[, and their confinement when
     2  required in the interests of public protection] by imposing the  minimum
     3  sentence necessary to achieve the goals of sentencing outlined above.
     4    §  3.  Section 380.20 of the criminal procedure law is amended to read
     5  as follows:
     6  § 380.20 Sentence required.
     7    1. The court must pronounce sentence in every case where a  conviction
     8  is  entered.  If an accusatory instrument contains multiple counts and a
     9  conviction is entered on more than one count the  court  must  pronounce
    10  sentence on each count.
    11    2.  When  entering a sentence that includes a term of imprisonment, or
    12  within seven days thereafter, the court shall issue a  written  decision
    13  explaining  its  choice  of  sentence, based on individualized findings,
    14  sufficient to facilitate appellate review. A defendant may knowingly and
    15  voluntarily waive the right to a written decision.
    16    § 4. Paragraph (a) of subdivision 3 of section 390.30 of the  criminal
    17  procedure law, as added by chapter 14 of the laws of 1985, is amended to
    18  read as follows:
    19    (a) The report of the pre-sentence investigation must contain an anal-
    20  ysis  of as much of the information gathered in the investigation as the
    21  agency that conducted the investigation deems relevant to  the  question
    22  of sentence. The report must also include any other [imformation] infor-
    23  mation  that  the court directs to be included and the material required
    24  by paragraph (b) of this subdivision which shall be considered  part  of
    25  the  report.   The report shall include an analysis of the actual finan-
    26  cial cost of incarceration to the state and/or localities of the  poten-
    27  tial sentences that may be imposed.
    28    §  5.  Subdivision  1  and  paragraph  (a) of subdivision 2 of section
    29  390.50 of the  criminal  procedure  law,  subdivision  1  as  separately
    30  amended by chapters 224 and 369 of the laws of 1986 and paragraph (a) of
    31  subdivision  2 as amended by chapter 31 of the laws of 2019, are amended
    32  to read as follows:
    33    1. In general. Any pre-sentence report or memorandum submitted to  the
    34  court  pursuant  to  this article and any medical, psychiatric or social
    35  agency report or other information gathered for the court by a probation
    36  department, or submitted directly to the court, in connection  with  the
    37  question  of  sentence  is confidential and may not be made available by
    38  any state agency, including the  state  department  of  corrections  and
    39  community  supervision, to any person or public or private agency except
    40  where specifically required or permitted by  statute  or  upon  specific
    41  authorization  of  the  court.  Section  one  hundred forty-seven of the
    42  correction law shall not  be  deemed  to  permit  such  disclosure.  For
    43  purposes  of  this  section, any report, memorandum or other information
    44  forwarded to a probation department within this state from  a  probation
    45  agency outside this state is governed by the same rules of confidential-
    46  ity.  Any  person, public or private agency receiving such material must
    47  retain it under the same conditions of confidentiality as apply  to  the
    48  probation department that made it available.
    49    (a)  Not less than one court day prior to sentencing, unless such time
    50  requirement is waived by the parties, the pre-sentence report  or  memo-
    51  randum  shall  be  made  available  by the court for examination and for
    52  copying  and  retention  by  the  defendant's  attorney,  the  defendant
    53  himself,  [if  he  has  no  attorney,] and the prosecutor. The defendant
    54  shall be given an opportunity  to  challenge  or  correct  any  fact  or
    55  conclusion in the pre-sentence report or memorandum prior to the court's
    56  pronouncement  of sentence. In its discretion, the court may except from

        S. 6471--A                          3

     1  disclosure a part or parts of the report  or  memoranda  which  are  not
     2  relevant to a proper sentence, or a diagnostic opinion which might seri-
     3  ously  disrupt  a  program  of rehabilitation, or sources of information
     4  which  have  been obtained on a promise of confidentiality, or any other
     5  portion thereof, disclosure of which would not be  in  the  interest  of
     6  justice.  In  all cases where a part or parts of the report or memoranda
     7  are not disclosed, the court shall state for the record that a  part  or
     8  parts  of the report or memoranda have been excepted and the reasons for
     9  its action. The action of the court excepting information  from  disclo-
    10  sure shall be subject to appellate review. The pre-sentence report shall
    11  be made available by the court for examination and copying in connection
    12  with any appeal in the case, including an appeal under this subdivision.
    13  Upon  written  request,  the  court shall make a copy of the presentence
    14  report, other than a part or parts of the report redacted by  the  court
    15  pursuant  to  this  paragraph, available to the defendant for use before
    16  the parole board for release consideration or  an  appeal  of  a  parole
    17  board  determination  or  an  application  for  resentencing pursuant to
    18  section 440.46 or 440.47 of this chapter. [In his or her written request
    19  to the court the defendant shall affirm that he or  she  anticipates  an
    20  appearance  before the parole board or intends to file an administrative
    21  appeal of a parole board determination or meets the eligibility criteria
    22  for and intends to file a motion for resentencing pursuant to 440.46  of
    23  this  chapter or has received notification from the court which received
    24  his or her request to apply for resentencing pursuant to section  440.47
    25  of  this  chapter  confirming  that  he  or she is eligible to submit an
    26  application for resentencing pursuant to section 440.47  of  this  chap-
    27  ter.]  The court shall respond to the defendant's written request within
    28  twenty days from receipt of the defendant's written request.
    29    § 6. Section 70.00 of the penal law, the section heading as amended by
    30  chapter 277 of the laws of 1973, subdivision 1 as amended by  chapter  7
    31  of  the  laws of 2007, subdivisions 2, 3 and 4 as amended by chapter 738
    32  of the laws of 2004, paragraph (a) of subdivision 3 as amended by  chap-
    33  ter  107 and paragraph (b) of subdivision 3 as amended by chapter 746 of
    34  the laws of 2006, subdivision 5 as amended by section 40-a of  part  WWW
    35  of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap-
    36  ter 1 of the laws of 1998, is amended to read as follows:
    37  § 70.00 Sentence of imprisonment for felony.
    38    1.  Indeterminate  sentence.  Except as provided in subdivisions three
    39  and four[, five and six] of this section or section 70.80 of this  arti-
    40  cle, [a] the term of sentence [of imprisonment] for a felony, other than
    41  a  felony  defined in article two hundred twenty [or two hundred twenty-
    42  one] of this chapter, shall be fixed by the court. If a court finds that
    43  sentence of imprisonment of more than one year is the  minimum  term  of
    44  imprisonment  necessary  to  achieve  the goals of sentencing, the court
    45  shall impose an indeterminate sentence. When such a sentence is imposed,
    46  the court shall impose a maximum term in accordance with the  provisions
    47  of  subdivision two of this section [and the minimum period of imprison-
    48  ment shall be as provided in subdivision three of this  section].    The
    49  minimum period shall be fixed by the court and specified in the sentence
    50  and shall be not less than one year nor more than one-third of the maxi-
    51  mum  term imposed, or the court may impose a definite sentence of impri-
    52  sonment and fix a term of less than one year.
    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;

        S. 6471--A                          4

     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 imprisonment
    10  under an indeterminate sentence shall be at least one year and shall  be
    11  fixed as follows:
    12    (a) In the case of a class A felony, the minimum period shall be fixed
    13  by the court and specified in the sentence.
    14    (i) For a class A-I felony, such minimum period shall not be less than
    15  fifteen  years  nor more than twenty-five years; provided, however, that
    16  (A) where a sentence, other than a sentence of death or  life  imprison-
    17  ment  without parole, is imposed upon a defendant convicted of murder in
    18  the first degree as defined in section 125.27 of this chapter such mini-
    19  mum period shall be not less than twenty years nor more than twenty-five
    20  years, and, (B) where a sentence is imposed upon a  defendant  convicted
    21  of murder in the second degree as defined in subdivision five of section
    22  125.25  of  this chapter or convicted of aggravated murder as defined in
    23  section 125.26 of this chapter, the sentence shall be life  imprisonment
    24  without  parole,  and,  (C) where a sentence is imposed upon a defendant
    25  convicted of attempted murder in the first degree as defined in  article
    26  one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
    27  paragraph (a) of subdivision one and paragraph (b) of subdivision one of
    28  section 125.27 of this chapter or attempted aggravated murder as defined
    29  in article one hundred ten of this chapter and section  125.26  of  this
    30  chapter such minimum period shall be not less than twenty years nor more
    31  than forty years.
    32    (ii)  For  a  class A-II felony, such minimum period shall not be less
    33  than three years nor more than eight years four months, except that  for
    34  the  class A-II felony of predatory sexual assault as defined in section
    35  130.95 of this chapter or the class  A-II  felony  of  predatory  sexual
    36  assault  against  a  child as defined in section 130.96 of this chapter,
    37  such minimum period shall be not less than ten years nor more than twen-
    38  ty-five years.
    39    (b) For any other felony, the minimum period shall  be  fixed  by  the
    40  court  and specified in the sentence and shall be not less than one year
    41  nor more than one-third of the maximum term imposed.
    42    4. Alternative definite sentence for class D and E  felonies.  When  a
    43  person,  other than a second or persistent felony offender, is sentenced
    44  for a class D or class E felony, and the court,  having  regard  to  the
    45  nature  and  circumstances of the crime and to the history and character
    46  of the defendant, is of the opinion that a sentence of  imprisonment  is
    47  necessary  but  that it would be unduly harsh to impose an indeterminate
    48  or determinate sentence, the court may impose  a  definite  sentence  of
    49  imprisonment and fix a term of one year or less.
    50    5.]  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  as

        S. 6471--A                          5

     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  four
    26  of  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 to
    29  section 70.04 or as a second felony  offender  on  a  conviction  for  a
    30  violent  felony  offense pursuant to section 70.06] of this article, the
    31  sentence shall be fixed by the court. If a court finds that  a  sentence
    32  of  imprisonment  of more than one year is the minimum term of imprison-
    33  ment necessary to achieve the goals of sentencing, the court must impose
    34  a determinate sentence of imprisonment in accordance with the provisions
    35  of such [sections and such sentence shall include, as a part thereof,  a
    36  period  of  post-release  supervision  in accordance with section 70.45]
    37  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 17 of
    40  part A of chapter 55 of the laws of 2023, 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, 2025;
    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. The court may impose
    51  a definite sentence of imprisonment and fix a  term  of  less  than  one
    52  year.  If a court finds that a sentence of imprisonment of more than one
    53  year is the minimum term of imprisonment necessary to achieve the  goals
    54  of sentencing, the court shall impose a determinate 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  the

        S. 6471--A                          6

     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-
     8  half 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) [at
    26  least 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-half
    31  years] 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. If a court
    42  finds that a sentence of imprisonment of more than one year is the mini-
    43  mum  term  of imprisonment necessary to achieve the goals of sentencing,
    44  the court shall impose an indeterminate sentence.  When such a  sentence
    45  is imposed, the court shall impose a maximum term in accordance with the
    46  provisions  of subdivision two of this section and the minimum period of
    47  imprisonment shall be as provided in subdivision three of this  section.
    48  The  court shall further provide that where a juvenile offender is under
    49  placement pursuant to  article  three  of  the  family  court  act,  any
    50  sentence  imposed pursuant to this section which is to be served consec-
    51  utively with such placement shall be served  in  a  facility  designated
    52  pursuant  to  subdivision four of section 70.20 of this article prior to
    53  service of the placement in any previously designated facility.
    54    3. Minimum period of imprisonment. The court  may  impose  a  definite
    55  sentence of imprisonment and fix a term of less than one year. The mini-
    56  mum  period  of imprisonment under an indeterminate sentence for a juve-

        S. 6471--A                          7

     1  nile offender shall be not less than one year nor more than one-third of
     2  the maximum term imposed 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 not
     5  less 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 than
    14  four 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.  Paragraph (c) of subdivision 1-a of section 70.15 of the penal
    18  law, as added by section 2 of part OO of chapter 55 of the laws of 2019,
    19  is amended to read as follows:
    20    (c) Any sentence for a misdemeanor conviction  imposed  prior  to  the
    21  effective date of this subdivision that is a definite sentence of impri-
    22  sonment  of one year, or three hundred sixty-five days, shall, by opera-
    23  tion of law, be changed to, mean and be interpreted  and  applied  as  a
    24  sentence  of  three  hundred  sixty-four  days. In addition to any other
    25  right of a person to obtain a record of a proceeding against him or her,
    26  [a person so sentenced prior to the effective date of  this  subdivision
    27  shall be entitled to obtain, from] the criminal court or the clerk ther-
    28  eof, shall not issue a certificate of conviction, as described in subdi-
    29  vision one of section 60.60 of the criminal procedure law, setting forth
    30  [such sentence as the sentence specified in this paragraph] sentences of
    31  one  year.  The criminal court or clerk thereof shall only issue certif-
    32  icates of conviction setting forth sentences of three hundred sixty-four
    33  days or less. The court shall implement  this  provision  within  ninety
    34  days  of  the  effective date of the chapter of the laws of two thousand
    35  twenty-three that amended this paragraph.
    36    § 12. Paragraph (a) of subdivision 1 of section  70.20  of  the  penal
    37  law,  as  amended by section 124 of subpart B of part C of chapter 62 of
    38  the laws of 2011, is amended to read as follows:
    39    (a) Indeterminate or  determinate  sentence.  Except  as  provided  in
    40  subdivision  four  of this section, when an indeterminate or determinate
    41  sentence of imprisonment is imposed, the court shall commit the  defend-
    42  ant  to the custody of the state department of corrections and community
    43  supervision for the term of his or her sentence and  until  released  in
    44  accordance  with the law[; provided, however, that a defendant sentenced
    45  pursuant to subdivision seven of section 70.06 shall be committed to the
    46  custody of the state department of corrections and community supervision
    47  for immediate delivery to a reception center  operated  by  the  depart-
    48  ment].
    49    §  13.  Section  70.25  of the penal law, subdivision 1 as amended and
    50  subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a)
    51  of subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of  subdi-
    52  vision  5  as amended by chapter 3 of the laws of 1995, subdivision 2 as
    53  amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by
    54  chapter 495 of the laws of 2009, subdivisions 2-c and 2-d  as  added  by
    55  chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122
    56  of  the  laws of 1996, subdivision 2-f as added by chapter 1 of the laws

        S. 6471--A                          8

     1  of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and
     2  subdivision 4 as added by chapter 782 of the laws of 1975, is amended to
     3  read as follows:
     4  § 70.25 Concurrent and consecutive terms of imprisonment.
     5    1.  Except  as  provided in [subdivisions] subdivision two[, two-a and
     6  five] of this section,  when  multiple  sentences  of  imprisonment  are
     7  imposed on a person at the same time, or when a person who is subject to
     8  any  undischarged  term  of imprisonment imposed at a previous time by a
     9  court of this state is sentenced to an additional term of  imprisonment,
    10  the  sentence or sentences imposed by the court shall run either concur-
    11  rently or consecutively with respect to each other and the  undischarged
    12  term  or  terms  in  such  manner  as  the  court directs at the time of
    13  sentence. If the court does not specify the manner in which  a  sentence
    14  imposed by it is to run, the sentence shall run as follows:
    15    (a)  An  indeterminate  or determinate sentence shall run concurrently
    16  with all other terms; and
    17    (b) A definite sentence shall  run  concurrently  with  [any  sentence
    18  imposed at the same time and shall be consecutive to any other term] all
    19  other terms.
    20    2.  When more than one sentence of imprisonment is imposed on a person
    21  for two or more offenses committed through a single act or omission,  or
    22  through  an  act  or  omission  which  in  itself constituted one of the
    23  offenses and also was a material element of the  other,  the  sentences,
    24  except  if  one  or more of such sentences is for a violation of section
    25  270.20 of this chapter, must run concurrently.
    26    [2-a. When an indeterminate or determinate sentence of imprisonment is
    27  imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,  subdivi-
    28  sion  three  or  four  of  section  70.70,  subdivision three or four of
    29  section 70.71 or subdivision five of section 70.80 of this  article,  or
    30  is  imposed  for  a  class  A-I felony pursuant to section 70.00 of this
    31  article, and such person is subject to an undischarged indeterminate  or
    32  determinate  sentence of imprisonment imposed prior to the date on which
    33  the present crime was committed, the court must impose a sentence to run
    34  consecutively with respect to such undischarged sentence.
    35    2-b. When a person is convicted of a violent felony offense  committed
    36  after  arraignment  and  while  released  on  recognizance  or bail, but
    37  committed prior to the  imposition  of  sentence  on  a  pending  felony
    38  charge,  and if an indeterminate or determinate sentence of imprisonment
    39  is imposed  in  each  case,  such  sentences  shall  run  consecutively.
    40  Provided, however, that the court may, in the interest of justice, order
    41  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
    42  sentences are required by this subdivision if it finds either mitigating
    43  circumstances that bear directly upon the manner in which the crime  was
    44  committed  or,  where  the defendant was not the sole participant in the
    45  crime, the defendant's participation was relatively minor  although  not
    46  so  minor  as  to constitute a defense to the prosecution. The defendant
    47  and the district attorney shall have an opportunity to present  relevant
    48  information  to  assist  the  court in making this determination and the
    49  court may, in its discretion, conduct a  hearing  with  respect  to  any
    50  issue  bearing  upon  such  determination.  If the court determines that
    51  consecutive sentences should not be ordered, it shall make  a  statement
    52  on  the  record  of the facts and circumstances upon which such determi-
    53  nation is based.
    54    2-c. When a person is convicted of bail jumping in the  second  degree
    55  as  defined  in  section  215.56  or bail jumping in the first degree as
    56  defined in section 215.57 committed after arraignment and while released

        S. 6471--A                          9

     1  on recognizance or bail in  connection  with  a  pending  indictment  or
     2  information  charging  one or more felonies, at least one of which he is
     3  subsequently convicted, and if an indeterminate sentence of imprisonment
     4  is  imposed  in  each  case,  such  sentences  shall  run consecutively.
     5  Provided, however, that the court may, in the interest of justice, order
     6  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
     7  sentences  are  required  by  this  subdivision  if  it finds mitigating
     8  circumstances that bear directly upon the manner in which the crime  was
     9  committed.  The defendant and the district attorney shall have an oppor-
    10  tunity to present relevant information to assist  the  court  in  making
    11  this determination and the court may, in its discretion, conduct a hear-
    12  ing  with  respect  to any issue bearing upon such determination. If the
    13  court determines that consecutive sentences should not  be  ordered,  it
    14  shall make a statement on the record of the facts and circumstances upon
    15  which such determination is based.
    16    2-d.  When  a  person  is  convicted of escape in the second degree as
    17  defined in section 205.10 or escape in the first degree  as  defined  in
    18  section  205.15 committed after issuance of a securing order, as defined
    19  in subdivision five of section 500.10 of the criminal procedure law,  in
    20  connection with a pending indictment or information charging one or more
    21  felonies,  at least one of which he is subsequently convicted, and if an
    22  indeterminate sentence of imprisonment is imposed  in  each  case,  such
    23  sentences  shall  run  consecutively.  Provided, however, that the court
    24  may, in the interest of justice, order a sentence to run concurrently in
    25  a situation where consecutive sentences are required by this subdivision
    26  if it finds mitigating circumstances that bear directly upon the  manner
    27  in  which the crime was committed. The defendant and the district attor-
    28  ney shall have an opportunity to present relevant information to  assist
    29  the  court  in  making  this  determination  and  the  court may, in its
    30  discretion, conduct a hearing with respect to  any  issue  bearing  upon
    31  such  determination.  If the court determines that consecutive sentences
    32  should not be ordered, it shall make a statement on the  record  of  the
    33  facts and circumstances upon which such determination is based.
    34    2-e.]  2-a. Whenever a person is convicted of course of sexual conduct
    35  against a child in the first degree as  defined  in  section  130.75  or
    36  course of sexual conduct against a child in the second degree as defined
    37  in  section  130.80 and any other crime under article one hundred thirty
    38  committed against the same child and within  the  period  charged  under
    39  section 130.75 or 130.80, the sentences must run concurrently.
    40    [2-f.]  2-b.  Whenever  a  person  is  convicted of facilitating a sex
    41  offense with a controlled substance as defined in section 130.90 of this
    42  chapter, the sentence imposed by the  court  for  such  offense  may  be
    43  ordered  to run consecutively to any sentence imposed upon conviction of
    44  an offense defined in article one hundred thirty of this chapter arising
    45  from the same criminal transaction.
    46    [2-g.] 2-c. Whenever a person is convicted of unlawful manufacture  of
    47  methamphetamine in the third degree as defined in section 220.73 of this
    48  chapter, unlawful manufacture of methamphetamine in the second degree as
    49  defined  in  section  220.74 of this chapter, or unlawful manufacture of
    50  methamphetamine in the first degree as defined in section 220.75 of this
    51  chapter, or any attempt to commit any of such offenses, and such  person
    52  is also convicted, with respect to such unlawful methamphetamine labora-
    53  tory,  of  unlawful  disposal  of methamphetamine laboratory material as
    54  defined in section 220.76  of  this  chapter,  the  sentences  must  run
    55  concurrently.

        S. 6471--A                         10

     1    3.  Where  consecutive  definite  sentences  of  imprisonment  are not
     2  prohibited by subdivision two of this  section  and  are  imposed  on  a
     3  person  for  offenses which were committed as parts of a single incident
     4  or transaction, the aggregate of the terms of such sentences  shall  not
     5  exceed one year.
     6    4. When a person, who is subject to any undischarged term of imprison-
     7  ment  imposed  at a previous time by a court of another jurisdiction, is
     8  sentenced to an additional term or terms of imprisonment by a  court  of
     9  this  state,  the  sentence  or  sentences  imposed by the court of this
    10  state, subject to the provisions of subdivisions one, two and  three  of
    11  this  section,  shall  run  either  concurrently  or  consecutively with
    12  respect to such undischarged term in such manner as the court directs at
    13  the time of sentence. If the court of this state does  not  specify  the
    14  manner  in  which  a  sentence  imposed by it is to run, the sentence or
    15  sentences shall run [consecutively] concurrently.
    16    [5. (a) Except as provided in paragraph (c) of this subdivision,  when
    17  a  person  is  convicted  of assault in the second degree, as defined in
    18  subdivision seven of section 120.05 of this chapter, any definite, inde-
    19  terminate or determinate term of imprisonment which may be imposed as  a
    20  sentence  upon  such  conviction  shall run consecutively to any undisc-
    21  harged term of imprisonment to which the defendant was subject  and  for
    22  which he was confined at the time of the assault.
    23    (b)  Except  as  provided in paragraph (c) of this subdivision, when a
    24  person is convicted of assault in  the  second  degree,  as  defined  in
    25  subdivision seven of section 120.05 of this chapter, any definite, inde-
    26  terminate  or determinate term of imprisonment which may be imposed as a
    27  sentence upon such conviction shall run consecutively  to  any  term  of
    28  imprisonment  which was previously imposed or which may be prospectively
    29  imposed where the person was confined within a detention facility at the
    30  time of the assault upon a charge which culminated in such  sentence  of
    31  imprisonment.
    32    (c)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
    33  subdivision, a term of imprisonment imposed upon a conviction to assault
    34  in the second degree as defined in subdivision seven of  section  120.05
    35  of  this chapter may run concurrently to any other term of imprisonment,
    36  in the interest of justice, provided the court sets forth in the  record
    37  its  reasons for imposing a concurrent sentence. Nothing in this section
    38  shall require the imposition of a sentence of imprisonment where  it  is
    39  not otherwise required by law.]
    40    §  14.  Paragraphs  (a) and (f) of subdivision 1 and the opening para-
    41  graph of subdivision 3 of section 70.30 of the penal law, paragraph  (a)
    42  of  subdivision 1 as amended by chapter 3 of the laws of 1995, paragraph
    43  (f) of subdivision 1 as added by chapter 481 of the laws of 1978 and  as
    44  relettered  by  chapter 3 of the laws of 1995, and the opening paragraph
    45  of subdivision 3 as amended by chapter  1  of  the  laws  of  1998,  are
    46  amended to read as follows:
    47    (a) If the sentences run concurrently, the time served under imprison-
    48  ment  on  any of the sentences shall be credited against the minimum and
    49  maximum periods  of  all  the  concurrent  indeterminate  sentences  and
    50  against the terms of all the concurrent determinate sentences. The maxi-
    51  mum  term  or terms of the indeterminate sentences and the term or terms
    52  of the  determinate  sentences  shall  merge  in  and  be  satisfied  by
    53  discharge of the term which has the longest unexpired time to run;
    54    (f) The aggregate maximum term of consecutive sentences imposed upon a
    55  juvenile  offender for two or more crimes, not including a class A felo-
    56  ny, committed before he has reached the age of  sixteen,  shall,  if  it

        S. 6471--A                         11

     1  exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
     2  nate sentences imposed upon a juvenile offender include a  sentence  for
     3  the class A felony of arson in the first degree or for the class A felo-
     4  ny of kidnapping in the first degree, then the aggregate maximum term of
     5  such  sentences  shall,  if  it  exceeds  fifteen years, be deemed to be
     6  fifteen years. Where the aggregate maximum term of two or  more  consec-
     7  utive  sentences is reduced by a calculation made pursuant to this para-
     8  graph, the aggregate minimum  period  of  imprisonment,  if  it  exceeds
     9  [one-half]  one-third of the aggregate maximum term as so reduced, shall
    10  be deemed to be [one-half] one-third of the aggregate maximum term as so
    11  reduced.
    12    The term of a definite sentence, a determinate sentence, or the  maxi-
    13  mum term of an indeterminate sentence imposed on a person shall be cred-
    14  ited  with  and  diminished  by  the  amount of time the person spent in
    15  custody prior to the commencement of such sentence as a result of  [the]
    16  any  pending charge [that culminated in the sentence]. In the case of an
    17  indeterminate sentence, if the minimum period of imprisonment  has  been
    18  fixed  by  the court or by the board of parole, the credit shall also be
    19  applied against the minimum period. The credit herein provided shall  be
    20  calculated  from the date custody under the charge commenced to the date
    21  the sentence commences and shall not include any time that  is  credited
    22  against  the  term or maximum term of any previously imposed sentence or
    23  period of post-release supervision  to  which  the  person  is  subject.
    24  Provided, however, that when a person is subject to an undischarged term
    25  of  imprisonment  or  post-release supervision following parole release,
    26  presumptive  release  or  conditional  release  from  an   indeterminate
    27  sentence,  or conditional release or maximum expiration of a determinate
    28  sentence, and is held in pretrial custody in a local correctional facil-
    29  ity on a new charge or charges that culminate  in  an  indeterminate  or
    30  determinate term of imprisonment, the time spent in pre-trial custody in
    31  a  local  correctional facility on such charge or charges, from the date
    32  custody commenced to  the  date  of  commencement  of  the  subsequently
    33  imposed indeterminate or determinate sentence, shall be credited as jail
    34  time;  and  provided  further  that  when  jail time is credited in such
    35  manner the time spent in pre-trial custody shall not be credited to  the
    36  previously  imposed  sentence  to which the person is subject. Where the
    37  charge or charges culminate in more than one sentence, the credit  shall
    38  be applied as follows:
    39    §  15.  Section  10  of  chapter 339 of the laws of 1972, amending the
    40  correction law and the  penal  law  relating  to  inmate  work  release,
    41  furlough  and  leave, as amended by section 6 of part A of chapter 55 of
    42  the laws of 2023, is amended to read as follows:
    43    § 10. This act shall take effect 30 days after it shall have become  a
    44  law  [and];  provided  that sections one through eight of this act shall
    45  remain in effect until September 1, 2025[,]; and provided  further  that
    46  the  commissioner  of  correctional  services  shall report each January
    47  first, and July first, to the chairman  of  the  senate  crime  victims,
    48  crime and correction committee, the senate codes committee, the assembly
    49  correction  committee,  and  the assembly codes committee, the number of
    50  eligible [inmates] incarcerated individuals in each facility  under  the
    51  custody  and  control  of  the commissioner who have applied for partic-
    52  ipation in any program offered under the  provisions  of  work  release,
    53  furlough,  or leave, and the number of such [inmates] incarcerated indi-
    54  viduals who have been approved for participation.

        S. 6471--A                         12

     1    § 16. Section 70.35 of the penal law, as amended by section  127-a  of
     2  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
     3  read as follows:
     4  §  70.35 Merger  of  certain  definite  and indeterminate or determinate
     5             sentences.
     6    The service of an indeterminate or determinate sentence  of  imprison-
     7  ment  shall  satisfy  any definite sentence of imprisonment imposed on a
     8  person for an offense committed prior to the time the  indeterminate  or
     9  determinate  sentence  was imposed, [except as provided in paragraph (b)
    10  of subdivision five of section 70.25 of this article]. A person  who  is
    11  serving  a definite sentence at the time an indeterminate or determinate
    12  sentence is imposed shall be delivered  to  the  custody  of  the  state
    13  department  of corrections and community supervision to commence service
    14  of the indeterminate or determinate  sentence  immediately  [unless  the
    15  person  is  serving  a  definite  sentence  pursuant to paragraph (b) of
    16  subdivision five of section 70.25 of this article]. In  any  case  where
    17  the  indeterminate  or  determinate  sentence is revoked or vacated, the
    18  person shall receive credit against the definite sentence for  each  day
    19  spent in the custody of the state department of corrections and communi-
    20  ty supervision.
    21    § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    22  laws of 1997, amending the military law and other laws relating to vari-
    23  ous  provisions, as amended by section 13 of part A of chapter 55 of the
    24  laws of 2023, is amended to read as follows:
    25    a. sections forty-three through [forty-five] forty-four  of  this  act
    26  shall expire and be deemed repealed on September 1, 2025;
    27    § 18. Subdivisions (f), (g) and (h) of section 15 of part E of chapter
    28  62  of  the  laws  of  2003,  amending the correction law and other laws
    29  relating to various provisions, are amended to read as follows:
    30    (f) the amendments made to subdivision 2 of section 259-c of the exec-
    31  utive law made by section seven of this act shall not affect the expira-
    32  tion of such subdivision and shall be deemed to expire therewith; and
    33    (g) the amendments to paragraph (a) of subdivision 2 and  subparagraph
    34  (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i
    35  of the executive law made by section eleven of this act shall not affect
    36  the expiration of such paragraph (a) of subdivision 2, such subparagraph
    37  (i)  of  paragraph (a) and such paragraph (d) of subdivision 3 and shall
    38  be deemed to expire therewith[; and
    39    (h) paragraph (c) of subdivision 1 of section 70.40 of the  penal  law
    40  as  added  by  section  thirteen  of this act shall expire and be deemed
    41  repealed on the same date as subdivision 6 of section 76 of chapter  435
    42  of the laws of 1997, as amended].
    43    §  19. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law,
    44  subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision
    45  2 as amended and subdivision 2-a as added by chapter 7 of  the  laws  of
    46  2007,  paragraphs  (a),  (b),  (c), (d), (e) and (f) of subdivision 2 as
    47  amended by chapter 31 of the laws of 2019, and subdivision 3 as added by
    48  chapter 1 of the laws of 1998, are amended to read as follows:
    49    1. In general. When a court imposes a determinate sentence it shall in
    50  each case state not only the term of imprisonment,  but  also  an  addi-
    51  tional period of post-release supervision as determined pursuant to this
    52  article.  Such  period shall commence as provided in subdivision five of
    53  this section and a violation of any condition of  supervision  occurring
    54  at any time during such period of post-release supervision shall subject
    55  the  defendant  to a further period of imprisonment up to the balance of
    56  the remaining period of post-release supervision,  not  to  exceed  five

        S. 6471--A                         13

     1  years;  provided,  however,  that a defendant serving a term of post-re-
     2  lease supervision for a conviction of a felony sex offense,  as  defined
     3  in  section 70.80 of this article, may be subject to a further period of
     4  imprisonment  up  to the balance of the remaining period of post-release
     5  supervision.  Notwithstanding any other provision of law to the  contra-
     6  ry,  no  person  serving  a  period of post-release supervision shall be
     7  confined in a correctional facility, including a  residential  treatment
     8  facility  as defined in subdivision six of section two of the correction
     9  law, except following a revocation hearing as set forth in  section  two
    10  hundred fifty-nine-i of the executive law. Such maximum limits shall not
    11  preclude  a  longer period of further imprisonment for a violation where
    12  the defendant is subject to indeterminate and determinate sentences.
    13    2. Period of  post-release  supervision  for  other  than  felony  sex
    14  offenses.  The  period  of  post-release  supervision  for a determinate
    15  sentence, other than a determinate sentence imposed  for  a  felony  sex
    16  offense  as defined in paragraph (a) of subdivision one of section 70.80
    17  of this article, shall [be] not exceed five years except that:
    18    (a) such period shall [be] not exceed one year whenever a  determinate
    19  sentence  of  imprisonment  is  imposed  pursuant  to subdivision two of
    20  section 70.70 of this article or subdivision nine of  section  60.12  of
    21  this title upon a conviction of a class D or class E felony offense;
    22    (b)  such  period  shall be not [less than one year nor] more than two
    23  years whenever a determinate sentence of imprisonment is imposed  pursu-
    24  ant  to  subdivision two of section 70.70 of this article or subdivision
    25  nine of section 60.12 of this title upon a conviction of a  class  B  or
    26  class C felony offense;
    27    (c)  such  period  shall be not [less than one year nor] more than two
    28  years whenever a determinate sentence of imprisonment is imposed  pursu-
    29  ant  to [subdivision three or four of section 70.70 of this article upon
    30  conviction of a class D or class E felony offense or] subdivision ten of
    31  section 60.12 of this title;
    32    (d) such period shall be not [less than one and  one-half  years  nor]
    33  more than three years whenever a determinate sentence of imprisonment is
    34  imposed  pursuant to [subdivision three or four of section 70.70 of this
    35  article upon conviction of a class B felony or class  C  felony  offense
    36  or] subdivision eleven of section 60.12 of this title;
    37    (e)  such  period  shall be not [less than one and one-half years nor]
    38  more than three years whenever a determinate sentence of imprisonment is
    39  imposed pursuant to subdivision [three] two of  section  70.02  of  this
    40  article  or subdivision two or eight of section 60.12 of this title upon
    41  a conviction of a class D or class E violent felony offense or  subdivi-
    42  sion four, five, six, or seven of section 60.12 of this title;
    43    (f)  such  period  shall be not [less than two and one-half years nor]
    44  more than five years whenever a determinate sentence of imprisonment  is
    45  imposed  pursuant  to  subdivision  [three] two of section 70.02 of this
    46  article or subdivision two or eight of section 60.12 of this title  upon
    47  a conviction of a class B or class C violent felony offense.
    48    2-a.  Periods of post-release supervision for felony sex offenses. The
    49  period of post-release supervision for a  determinate  sentence  imposed
    50  for  a felony sex offense as defined in paragraph (a) of subdivision one
    51  of section 70.80 of this article shall be as follows:
    52    (a) not [less than three years nor] more than  ten  years  whenever  a
    53  determinate  sentence of imprisonment is imposed pursuant to subdivision
    54  four of section 70.80 of this article upon a conviction of a class D  or
    55  class E felony sex offense;

        S. 6471--A                         14

     1    (b)  not [less than five years nor] more than fifteen years whenever a
     2  determinate sentence of imprisonment is imposed pursuant to  subdivision
     3  four  of  section  70.80  of this article upon a conviction of a class C
     4  felony sex offense;
     5    (c)  not  [less than five years nor] more than twenty years whenever a
     6  determinate sentence of imprisonment is imposed pursuant to  subdivision
     7  four  of  section  70.80  of this article upon a conviction of a class B
     8  felony sex offense;
     9    (d) not [less than three years nor] more than  ten  years  whenever  a
    10  determinate  sentence  is imposed pursuant to subdivision [three] two of
    11  section 70.02 of this article upon a conviction of a class D or class  E
    12  violent  felony  sex  offense as defined in paragraph (b) of subdivision
    13  one of section 70.80 of this article;
    14    (e) not [less than five years nor] more than fifteen years whenever  a
    15  determinate  sentence  is imposed pursuant to subdivision [three] two of
    16  section 70.02 of this article upon a conviction of  a  class  C  violent
    17  felony sex offense as defined in section 70.80 of this article;
    18    (f)  not  [less than five years nor] more than twenty years whenever a
    19  determinate sentence is imposed pursuant to subdivision [three]  two  of
    20  section  70.02  of  this  article upon a conviction of a class B violent
    21  felony sex offense as defined in section 70.80 of this article;
    22    (g) not [less than five years nor] more than fifteen years whenever  a
    23  determinate  sentence  of  imprisonment  is  imposed pursuant to [either
    24  section 70.04, section 70.06, or subdivision five of] section  70.80  of
    25  this  article  upon a conviction of a class D or class E violent or non-
    26  violent felony sex offense as defined in section 70.80 of this article;
    27    (h) not [less than seven years nor] more than twenty years whenever  a
    28  determinate  sentence  of  imprisonment  is  imposed pursuant to [either
    29  section 70.04, section 70.06, or subdivision five of] section  70.80  of
    30  this article upon a conviction of a class C violent or non-violent felo-
    31  ny sex offense as defined in section 70.80 of this article; and
    32    (i) such period shall be not [less than ten years nor] more than twen-
    33  ty-five years whenever a determinate sentence of imprisonment is imposed
    34  pursuant  to  [either  section 70.04, section 70.06, or subdivision five
    35  of] section 70.80 of this article upon a conviction of a class B violent
    36  or non-violent felony sex offense as defined in section  70.80  of  this
    37  article[; and
    38    (j)  such period shall be not less than ten years nor more than twenty
    39  years whenever any  determinate  sentence  of  imprisonment  is  imposed
    40  pursuant to subdivision four of section 70.07 of this article].
    41    3.  Conditions  of post-release supervision. The board of parole shall
    42  establish and impose conditions of post-release supervision in the  same
    43  manner  and to the same extent as it may establish and impose conditions
    44  in accordance with the executive law upon persons who are granted parole
    45  or  conditional  release[;  provided  that,  notwithstanding  any  other
    46  provision of law, the board of parole may impose as a condition of post-
    47  release  supervision  that  for  a period not exceeding six months imme-
    48  diately following release from the underlying term of  imprisonment  the
    49  person  be  transferred to and participate in the programs of a residen-
    50  tial treatment facility as that term is defined in  subdivision  six  of
    51  section  two  of  the  correction law]. Upon release from the underlying
    52  term of imprisonment, the person  shall  be  furnished  with  a  written
    53  statement  setting  forth  the conditions of post-release supervision in
    54  sufficient detail to provide for the person's conduct and supervision.
    55    § 20. Subdivisions 1 and 2 of section 70.70 of the penal law, as added
    56  by chapter 738 of the laws of 2004, paragraphs (a) and (b)  of  subdivi-

        S. 6471--A                         15

     1  sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter
     2  92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision
     3  2  as  amended by section 21 and paragraph (d) of subdivision 2 as added
     4  by section 23 of part AAA of chapter 56 of the laws of 2009, are amended
     5  to read as follows:
     6    1. For the purposes of this section, [the following terms shall mean:
     7    (a)  "Felony]  "felony  drug  offender"  means  a defendant who stands
     8  convicted of any felony, defined in article two hundred  twenty  or  two
     9  hundred twenty-two of this chapter other than a class A felony.
    10    [(b)  "Second  felony drug offender" means a second felony offender as
    11  that term is defined in subdivision one of section 70.06 of  this  arti-
    12  cle,  who stands convicted of any felony, defined in article two hundred
    13  twenty or two hundred twenty-two of this chapter other than  a  class  A
    14  felony.
    15    (c)  "Violent  felony"  shall  have  the  same meaning as that term is
    16  defined in subdivision one of section 70.02 of this article.]
    17    2. [Except as provided in subdivision three or four of  this  section,
    18  a]  (a)  Term  of sentence. The term of sentence [of imprisonment] for a
    19  felony drug offender shall be fixed by the court. The court may impose a
    20  definite sentence of imprisonment and fix a term of less than one  year.
    21  If  a  court finds that a sentence of imprisonment of more than one year
    22  is the minimum term of imprisonment necessary to achieve  the  goals  of
    23  sentencing, the court shall impose a determinate sentence as provided in
    24  paragraph [(a)] (b) of this subdivision.
    25    [(a)]  (b)  Term of determinate sentence. [Except as provided in para-
    26  graph (b) or (c) of this subdivision, the court shall impose a] A deter-
    27  minate term of imprisonment [upon a felony drug offender which] shall be
    28  imposed by the court in whole or half years, which shall  include  as  a
    29  part  thereof  a  period  of post-release supervision in accordance with
    30  section 70.45 of this article. The terms of imprisonment authorized  for
    31  such determinate sentences are as follows:
    32    (i)  for  a  class  B felony, the term shall [be at least one year and
    33  shall] not exceed nine years[, except that for the  class  B  felony  of
    34  criminal  sale  of  a  controlled substance in or near school grounds as
    35  defined in subdivision two of section 220.44 of this  chapter  or  on  a
    36  school bus as defined in subdivision seventeen of section 220.00 of this
    37  chapter or criminal sale of a controlled substance to a child as defined
    38  in  section 220.48 of this chapter, the term shall be at least two years
    39  and shall not exceed nine years];
    40    (ii) for a class C felony, the term shall [be at least  one  year  and
    41  shall] not exceed five and one-half years;
    42    (iii)  for  a class D felony, the term shall [be at least one year and
    43  shall] not exceed two and one-half years; and
    44    (iv) for a class E felony, the term shall [be at least  one  year  and
    45  shall] not exceed one and one-half years.
    46    [(b)  Probation. Notwithstanding any other provision of law, the court
    47  may sentence a defendant convicted of a class B, class  C,  class  D  or
    48  class  E  felony  offense  defined  in article two hundred twenty or two
    49  hundred twenty-two of this chapter to probation in accordance  with  the
    50  provisions of sections 60.04 and 65.00 of this chapter.
    51    (c)  Alternative  definite sentence for class B, class C, class D, and
    52  class E felonies. If the court, having regard to the nature and  circum-
    53  stances  of the crime and to the history and character of the defendant,
    54  is of the opinion that a sentence of imprisonment is necessary but  that
    55  it  would be unduly harsh to impose a determinate sentence upon a person
    56  convicted of a class C, class D or class E  felony  offense  defined  in

        S. 6471--A                         16

     1  article two hundred twenty or two hundred twenty-two of this chapter, or
     2  a  class B felony defined in article two hundred twenty of this chapter,
     3  other than the class B felony defined in section 220.48 of this chapter,
     4  as  added  by  a  chapter of the laws of two thousand nine the court may
     5  impose a definite sentence of imprisonment and fix a term of one year or
     6  less.
     7    (d) The court may direct that a  determinate  sentence  imposed  on  a
     8  defendant  convicted  of a class B felony, other than the class B felony
     9  defined in section 220.48 of this chapter, pursuant to this  subdivision
    10  be  executed  as  a  sentence  of  parole supervision in accordance with
    11  section 410.91 of the criminal procedure law.]
    12    § 21. Subdivisions 3 and 4 of section  70.70  of  the  penal  law  are
    13  REPEALED.
    14    §  22.  Section 70.71 of the penal law, as added by chapter 738 of the
    15  laws of 2004, paragraph (a) of subdivision 2 as amended and  subdivision
    16  5  as added by section 26 of part AAA of chapter 56 of the laws of 2009,
    17  is amended to read as follows:
    18  § 70.71 Sentence of imprisonment for a class A felony drug offender.
    19    1. For the purposes of this section, the following terms shall mean:
    20    (a) "Felony drug offender" means a defendant who stands  convicted  of
    21  any  class  A  felony  as  defined in article two hundred twenty of this
    22  chapter.
    23    (b) ["Second felony drug offender" means a second felony  offender  as
    24  that  term  is defined in subdivision one of section 70.06 of this arti-
    25  cle, who stands convicted of and is to be  sentenced  for  any  class  A
    26  felony as defined in article two hundred twenty of this chapter.
    27    (c)] "Violent felony offense" shall have the same meaning as that term
    28  is defined in subdivision one of section 70.02 of this article.
    29    2. Sentence of imprisonment for a first felony drug offender.
    30    (a)  Applicability.  Except as provided in subdivision three[, four or
    31  five] of  this  section,  this  subdivision  shall  apply  to  a  person
    32  convicted  of  a class A felony as defined in article two hundred twenty
    33  of this chapter.
    34    (b) Authorized sentence. The term of sentence shall be  fixed  by  the
    35  court.  The court may impose a definite sentence of imprisonment and fix
    36  a term of less than one year. If a court finds that a sentence of impri-
    37  sonment  is  the  minimum  term of imprisonment necessary to achieve the
    38  goals of sentencing, the court shall impose a determinate term of impri-
    39  sonment which shall be imposed by the court in whole or half  years  and
    40  which  shall  include  as a part thereof a period of post-release super-
    41  vision in accordance with section  70.45  of  this  article.  The  terms
    42  authorized for such determinate sentences are as follows:
    43    (i)  for  a  class A-I felony, the term shall [be at least eight years
    44  and shall] not exceed twenty years;
    45    (ii) for a class A-II felony, the term shall [be at least three  years
    46  and shall] not exceed ten years.
    47    [(c)  Lifetime  probation. Notwithstanding any other provision of law,
    48  the court may sentence a defendant convicted  of  a  class  A-II  felony
    49  defined  in  article  two  hundred  twenty  of  this chapter to lifetime
    50  probation in accordance with the provisions of  section  65.00  of  this
    51  chapter.]
    52    3. [Sentence of imprisonment for a second felony drug offender.
    53    (a)  Applicability.  This  subdivision  shall apply to a second felony
    54  drug offender whose prior  felony  conviction  or  convictions  did  not
    55  include one or more violent felony offenses.

        S. 6471--A                         17

     1    (b)  Authorized  sentence.  When  the  court has found pursuant to the
     2  provisions of section 400.21  of  the  criminal  procedure  law  that  a
     3  defendant  is  a  second  felony drug offender who stands convicted of a
     4  class A felony as defined in article two hundred twenty or  two  hundred
     5  twenty-one  of  this  chapter,  the  court  shall  impose  a determinate
     6  sentence of imprisonment. Such determinate sentence shall include  as  a
     7  part  thereof  a  period  of post-release supervision in accordance with
     8  section 70.45 of  this  article.  Such  determinate  sentence  shall  be
     9  imposed by the court in whole or half years as follows:
    10    (i)  for  a  class A-I felony, the term shall be at least twelve years
    11  and shall not exceed twenty-four years;
    12    (ii) for a class A-II felony, the term shall be at least six years and
    13  shall not exceed fourteen years.
    14    (c) Lifetime probation. Notwithstanding any other  provision  of  law,
    15  the  court  may  sentence  a  defendant convicted of a class A-II felony
    16  defined in article two  hundred  twenty  of  this  chapter  to  lifetime
    17  probation  in  accordance  with  the provisions of section 65.00 of this
    18  chapter.
    19    4. Sentence of imprisonment for a second felony drug  offender  previ-
    20  ously convicted of a violent felony offense.
    21    (a)  Applicability.  This  subdivision  shall apply to a second felony
    22  drug offender whose prior felony conviction was a violent felony.
    23    (b) Authorized sentence. When the court  has  found  pursuant  to  the
    24  provisions  of  section  400.21  of  the  criminal  procedure law that a
    25  defendant is a second felony drug offender whose prior felony conviction
    26  was a violent felony, who stands  convicted  of  a  class  A  felony  as
    27  defined  in article two hundred twenty or two hundred twenty-one of this
    28  chapter, the court shall impose a determinate sentence of  imprisonment.
    29  Such  determinate  sentence  shall include as a part thereof a period of
    30  post-release supervision in accordance with section 70.45 of this  arti-
    31  cle. Such determinate sentence shall be imposed by the court in whole or
    32  half years as follows:
    33    (i)  for  a class A-I felony, the term shall be at least fifteen years
    34  and shall not exceed thirty years;
    35    (ii) for a class A-II felony, the term shall be at least  eight  years
    36  and shall not exceed seventeen years.
    37    5.] Sentence of imprisonment for operating as a major trafficker.
    38    (a)  Applicability. This subdivision shall apply to a person convicted
    39  of the class A-I felony of operating as a major trafficker as defined in
    40  section 220.77 of this chapter.
    41    (b) Authorized sentence. [Except as provided in paragraph (c) of  this
    42  subdivision, the] The term of sentence shall be fixed by the court.  The
    43  court  may  impose a definite sentence of imprisonment and fix a term of
    44  less than one year. If a court finds that a sentence of imprisonment  is
    45  the  minimum  term  of  imprisonment  necessary  to achieve the goals of
    46  sentencing, the court shall impose an indeterminate term of imprisonment
    47  for an A-I felony, in accordance with the provisions of section 70.00 of
    48  this article.
    49    [(c) Alternative determinate sentence. If a defendant stands convicted
    50  of violating section 220.77 of this chapter, and if  the  court,  having
    51  regard  to the nature and circumstances of the crime and the history and
    52  character of the defendant, is of the opinion that a sentence of  impri-
    53  sonment  is  necessary  but  that it would be unduly harsh to impose the
    54  indeterminate sentence for a class A-I felony  specified  under  section
    55  70.00  of  this  article,  the  court may instead impose the determinate
    56  sentence of imprisonment authorized by clause (i) of subparagraph (b) of

        S. 6471--A                         18

     1  subdivision two of this section for a class A-I  drug  felony;  in  such
     2  case,  the  reasons  for  the  court's opinion shall be set forth on the
     3  record.]
     4    §  23.  Section  70.80  of the penal law, as added by chapter 7 of the
     5  laws of 2007, paragraph (a) of subdivision 1 as amended by  chapter  368
     6  of the laws of 2015, is amended to read as follows:
     7  § 70.80 Sentences  of  imprisonment  for  conviction  of  a  felony  sex
     8            offense.
     9    1. Definitions. (a) For the purposes of this section,  a  "felony  sex
    10  offense" means a conviction of any felony defined in article one hundred
    11  thirty  of  this  chapter,  including  a  sexually  motivated felony, or
    12  patronizing a person for prostitution in the first degree as defined  in
    13  section 230.06 of this chapter, patronizing a person for prostitution in
    14  the  second  degree as defined in section 230.05 of this chapter, aggra-
    15  vated patronizing a minor  for  prostitution  in  the  third  degree  as
    16  defined  in  section  230.11  of  this chapter, aggravated patronizing a
    17  minor for prostitution in the second degree as defined in section 230.12
    18  of this chapter, aggravated patronizing a minor for prostitution in  the
    19  first degree as defined in section 230.13 of this chapter, incest in the
    20  second degree as defined in section 255.26 of this chapter, or incest in
    21  the  first  degree  as  defined  in section 255.27 of this chapter, or a
    22  felony attempt or conspiracy to commit any of the above.
    23    (b) A felony sex  offense  shall  be  deemed  a  "violent  felony  sex
    24  offense"  if it is for an offense defined as a violent felony offense in
    25  section 70.02 of this article, or for a  sexually  motivated  felony  as
    26  defined in section 130.91 of this chapter where the specified offense is
    27  a violent felony offense as defined in section 70.02 of this article.
    28    (c)  [For the purposes of this section, a "predicate felony sex offen-
    29  der" means a person who stands convicted of any felony  sex  offense  as
    30  defined  in  paragraph  (a)  of this subdivision, other than a class A-I
    31  felony, after having previously been subjected to one or more  predicate
    32  felony  convictions  as  defined  in subdivision one of section 70.06 or
    33  subdivision one of section 70.04 of this article.
    34    (d)] For purposes of this section, a "violent felony offense"  is  any
    35  felony  defined in subdivision one of section 70.02 of this article, and
    36  a "non-violent felony offense" is any felony not defined therein.
    37    2. In imposing a sentence within the authorized  statutory  range  for
    38  any  felony sex offense, the court may consider all relevant factors set
    39  forth in section 1.05 of this chapter, and in particular,  may  consider
    40  the  defendant's  criminal history, if any, including any history of sex
    41  offenses; any mental  illness  or  mental  abnormality  from  which  the
    42  defendant  may  suffer;  the defendant's ability or inability to control
    43  his sexual behavior; and, if the defendant  has  difficulty  controlling
    44  such  behavior, the extent to which that difficulty may pose a threat to
    45  society.
    46    3. Except as provided by subdivision four, five, six[,] or  seven  [or
    47  eight]  of  this  section,  or when a defendant is being sentenced for a
    48  conviction of the class A-II felonies of predatory  sexual  assault  and
    49  predatory  sexual  assault against a child as defined in sections 130.95
    50  and 130.96 of this chapter, or for  any  class  A-I  sexually  motivated
    51  felony  for  which  a  life  sentence  or a life without parole sentence
    52  [must] may be imposed, a sentence imposed upon a defendant convicted  of
    53  a  felony sex offense shall be fixed by the court.  The court may impose
    54  a definite sentence of imprisonment and fix a  term  of  less  than  one
    55  year.    If a court finds that a sentence of imprisonment is the minimum
    56  term of imprisonment necessary to achieve the goals of  sentencing,  the

        S. 6471--A                         19

     1  court  shall  impose  a  determinate  sentence. The determinate sentence
     2  shall be imposed by the court in whole or half years, and shall  include
     3  as  a  part  thereof  a period of post-release supervision in accordance
     4  with subdivision two-a of section 70.45 of this article. [Persons eligi-
     5  ble  for sentencing under section 70.07 of this article governing second
     6  child sexual assault felonies shall be sentenced under such section  and
     7  paragraph (j) of subdivision two-a of section 70.45 of this article.]
     8    4.  [(a)] Sentences of imprisonment for felony sex offenses. Except as
     9  provided in subdivision five,  six[,]  or  seven[,  or  eight]  of  this
    10  section, the term of the determinate sentence must be fixed by the court
    11  as follows:
    12    [(i)]  (a) for a class B felony, the term must [be at least five years
    13  and must] not exceed twenty-five years;
    14    [(ii)] (b) for a class C felony, the term must [be at least three  and
    15  one-half years and must] not exceed fifteen years;
    16    [(iii)] (c) for a class D felony, the term must [be at least two years
    17  and must] not exceed seven years; and
    18    [(iv)]  (d)  for  a class E felony, the term must [be at least one and
    19  one-half years and must] not exceed four years.
    20    [(b) Probation. The court may sentence  a  defendant  convicted  of  a
    21  class  D  or  class E felony sex offense to probation in accordance with
    22  the provisions of section 65.00 of this title.
    23    (c) Alternative definite sentences for class D and class E felony  sex
    24  offenses. If the court, having regard to the nature and circumstances of
    25  the  crime  and to the history and character of the defendant, is of the
    26  opinion that a sentence of imprisonment is necessary but that  it  would
    27  be unduly harsh to impose a determinate sentence upon a person convicted
    28  of a class D or class E felony sex offense, the court may impose a defi-
    29  nite sentence of imprisonment and fix a term of one year or less.
    30    5.  Sentence  of imprisonment for a predicate felony sex offender. (a)
    31  Applicability. This subdivision shall apply to a  predicate  felony  sex
    32  offender  who  stands  convicted of a non-violent felony sex offense and
    33  who was previously convicted of one or more felonies.
    34    (b) Non-violent predicate felony offense. When the  court  has  found,
    35  pursuant  to the provisions of the criminal procedure law, that a person
    36  is  a  predicate  felony  sex  offender,  and  the  person's   predicate
    37  conviction was for a non-violent felony offense, the court must impose a
    38  determinate sentence of imprisonment, the term of which must be fixed by
    39  the court as follows:
    40    (i)  for  a  class B felony, the term must be at least eight years and
    41  must not exceed twenty-five years;
    42    (ii) for a class C felony, the term must be at least  five  years  and
    43  must not exceed fifteen years;
    44    (iii)  for a class D felony, the term must be at least three years and
    45  must not exceed seven years; and
    46    (iv) for a class E felony, the term must be at  least  two  years  and
    47  must not exceed four years.
    48    (c) Violent predicate felony offense. When the court has found, pursu-
    49  ant  to the provisions of the criminal procedure law, that a person is a
    50  predicate felony sex offender, and the person's predicate conviction was
    51  for a violent felony  offense,  the  court  must  impose  a  determinate
    52  sentence  of  imprisonment, the term of which must be fixed by the court
    53  as follows:
    54    (i) for a class B felony, the term must be at  least  nine  years  and
    55  must not exceed twenty-five years;

        S. 6471--A                         20

     1    (ii)  for  a  class  C felony, the term must be at least six years and
     2  must not exceed fifteen years;
     3    (iii)  for  a class D felony, the term must be at least four years and
     4  must not exceed seven years; and
     5    (iv) for a class E felony, the term must be at least two and  one-half
     6  years and must not exceed four years.
     7    (d)  A  defendant  who  stands  convicted  of a non-violent felony sex
     8  offense, other than a class A-I or class A-II felony, who is adjudicated
     9  a persistent felony offender under section 70.10 of this article,  shall
    10  be  sentenced pursuant to the provisions of section 70.10 or pursuant to
    11  this subdivision.
    12    6.] 5. Sentence of imprisonment for  a  violent  felony  sex  offense.
    13  Except  as  provided  in  subdivisions six and seven [and eight] of this
    14  section, a defendant who  stands  convicted  of  a  violent  felony  sex
    15  offense  must be sentenced pursuant to the provisions of section 70.02[,
    16  section 70.04, subdivision six  of  section  70.06,  section  70.08,  or
    17  section 70.10] of this article, as applicable.
    18    [7.]  6.  Sentence  for  a  class  A felony sex offense. When a person
    19  stands convicted of a sexually  motivated  felony  pursuant  to  section
    20  130.91  of  this  chapter and the specified offense is a class A felony,
    21  the court must sentence the defendant in accordance with the  provisions
    22  of:
    23    (a)  section  60.06  of this [chapter] title and section 70.00 of this
    24  article, as applicable, if such offense is a class A-I felony; and
    25    (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if
    26  such offense is a class A-II felony.
    27    [8.] 7. Whenever a juvenile offender stands convicted of a felony  sex
    28  offense,  he  or  she  must  be  sentenced pursuant to the provisions of
    29  sections 60.10 and 70.05 of this [chapter] title.
    30    [9.] 8. Every determinate  sentence  for  a  felony  sex  offense,  as
    31  defined  in  paragraph  (a)  of subdivision one of this section, imposed
    32  pursuant to any section of this article, shall include as a part thereof
    33  a period of post-release  supervision  in  accordance  with  subdivision
    34  two-a of section 70.45 of this article.
    35    §  24.  Paragraph  (b)  of subdivision 3 of section 60.01 of the penal
    36  law, as amended by chapter 548 of the laws of 1984, is amended  to  read
    37  as follows:
    38    (b) A fine authorized by article eighty[, provided, however, that when
    39  the  conviction is of a class B felony or of any felony defined in arti-
    40  cle two hundred twenty, the sentence shall not consist solely of a fine]
    41  of this title; or
    42    § 25. Subdivision 2 of section 60.02 of the penal law, as  amended  by
    43  chapter 471 of the laws of 1980, is amended to read as follows:
    44    (2)  If the sentence is to be imposed upon a youthful offender finding
    45  which has been substituted for a conviction for any  felony,  the  court
    46  must  impose a sentence authorized to be imposed upon a person convicted
    47  of a class E felony [provided, however, that the court must not impose a
    48  sentence of conditional discharge  or  unconditional  discharge  if  the
    49  youthful  offender  finding was substituted for a conviction of a felony
    50  defined in article two hundred twenty of this chapter].
    51    § 26. Section 60.04 of the penal law, as added by chapter 738  of  the
    52  laws  of 2004, subdivisions 3 and 5 as amended by section 17 of part AAA
    53  of chapter 56 of the laws of 2009, subdivision 6 as amended  by  section
    54  120  of subpart B of part C of chapter 62 of the laws of 2011 and subdi-
    55  vision 7 as amended by chapter 322 of the laws of 2021,  is  amended  to
    56  read as follows:

        S. 6471--A                         21

     1  § 60.04 Authorized  disposition;  controlled  substances  [and marihuana
     2             felony] offenses.
     3    1.  Applicability.  Notwithstanding  the  provisions  of any law, this
     4  section shall govern the dispositions authorized when a person is to  be
     5  sentenced  upon  a conviction of a felony offense defined in article two
     6  hundred twenty [or two hundred twenty-one] of this chapter  [or  when  a
     7  person is to be sentenced upon a conviction of such a felony as a multi-
     8  ple felony offender as defined in subdivision five of this section].
     9    2.  Class A felony. Every person convicted of a class A felony must be
    10  sentenced [to imprisonment] in accordance with  section  70.71  of  this
    11  title[,  unless  such  person is convicted of a class A-II felony and is
    12  sentenced to probation for life in accordance with section 65.00 of this
    13  title].
    14    3. Class B felonies. Every person convicted of a class B  felony  must
    15  be  sentenced  [to  imprisonment]  in  accordance  with  the  applicable
    16  provisions of section 70.70 of this [chapter,  a  definite  sentence  of
    17  imprisonment  with a term of one year or less or probation in accordance
    18  with section 65.00 of this chapter provided, however, a person convicted
    19  of criminal sale of a controlled substance to  a  child  as  defined  in
    20  section  220.48  of  this  chapter  must  be  sentenced to a determinate
    21  sentence of imprisonment in accordance with the applicable provisions of
    22  section 70.70 of this chapter or to a sentence of probation  in  accord-
    23  ance  with  the opening paragraph of paragraph (b) of subdivision one of
    24  section 65.00 of this chapter] title.
    25    4. Alternative sentence.  [Where  a  sentence  of  imprisonment  or  a
    26  sentence  of probation as an alternative to imprisonment is not required
    27  to be imposed pursuant  to  subdivision  two,  three  or  five  of  this
    28  section,  the  court may impose any other sentence authorized by section
    29  60.01 of this article, provided that when the court imposes  a  sentence
    30  of  imprisonment, such sentence must be in accordance with section 70.70
    31  of this title.] Where the court imposes a sentence  of  imprisonment  in
    32  accordance  with  this section, the court may also impose a fine author-
    33  ized by article eighty of this title and in such case the sentence shall
    34  be both imprisonment and a fine.
    35    5. [Multiple felony offender.  Where  the  court  imposes  a  sentence
    36  pursuant  to  subdivision  three of section 70.70 of this chapter upon a
    37  second felony drug offender, as defined in paragraph (b) of  subdivision
    38  one  of section 70.70 of this chapter, it must sentence such offender to
    39  imprisonment in accordance with the  applicable  provisions  of  section
    40  70.70  of  this chapter, a definite sentence of imprisonment with a term
    41  of one year or less, or probation in accordance with  section  65.00  of
    42  this chapter, provided, however, that where the court imposes a sentence
    43  upon a class B second felony drug offender, it must sentence such offen-
    44  der  to  a  determinate  sentence of imprisonment in accordance with the
    45  applicable provisions of section 70.70 of this chapter or to a  sentence
    46  of  probation  in accordance with the opening paragraph of paragraph (b)
    47  of subdivision one of section 65.00 of  this  chapter.  When  the  court
    48  imposes  sentence  on a second felony drug offender pursuant to subdivi-
    49  sion four of section 70.70 of this chapter, it must impose a determinate
    50  sentence of imprisonment in accordance with such subdivision.
    51    6.] Substance abuse treatment. When the court imposes  a  sentence  of
    52  imprisonment  which  requires  a  commitment  to the state department of
    53  corrections  and  community  supervision  [upon  a  person  who   stands
    54  convicted  of  a  controlled  substance or marihuana offense], the court
    55  may, upon motion of the defendant in  its  discretion,  issue  an  order
    56  directing  that  the department of corrections and community supervision

        S. 6471--A                         22

     1  enroll the defendant in the comprehensive alcohol  and  substance  abuse
     2  treatment  program  in an alcohol and substance abuse correctional annex
     3  as defined in subdivision eighteen of section two of the correction law,
     4  provided  that  the  defendant  will  satisfy  the statutory eligibility
     5  criteria for participation in such program. Notwithstanding the  forego-
     6  ing provisions of this subdivision, any defendant to be enrolled in such
     7  program pursuant to this subdivision shall be governed by the same rules
     8  and  regulations promulgated by the department of corrections and commu-
     9  nity supervision, including without limitation  those  rules  and  regu-
    10  lations  establishing  requirements  for  completion and those rules and
    11  regulations governing discipline and removal from the program.  No  such
    12  period  of court ordered corrections based drug abuse treatment pursuant
    13  to this subdivision shall be required to extend beyond  the  defendant's
    14  conditional release date.
    15    [7.] 6. a. Shock incarceration participation. When the court imposes a
    16  sentence  of  imprisonment which requires a commitment to the department
    17  of corrections and community  supervision  upon  a  person  [who  stands
    18  convicted  of  a controlled substance or marihuana offense], upon motion
    19  of the defendant, the court  may  issue  an  order  directing  that  the
    20  department of corrections and community supervision enroll the defendant
    21  in the shock incarceration program as defined in article twenty-six-A of
    22  the correction law, provided that the defendant is an eligible incarcer-
    23  ated  individual,  as  described  in  subdivision  one  of section eight
    24  hundred sixty-five of the correction law. Notwithstanding the  foregoing
    25  provisions  of  this  subdivision,  any defendant to be enrolled in such
    26  program pursuant to this subdivision shall be governed by the same rules
    27  and regulations promulgated by the department of corrections and  commu-
    28  nity  supervision,  including  without  limitation those rules and regu-
    29  lations establishing requirements for  completion  and  such  rules  and
    30  regulations governing discipline and removal from the program.
    31    b.  (i)  In  the  event  that an incarcerated individual designated by
    32  court order for enrollment in the shock incarceration program requires a
    33  degree of medical care or mental health care that cannot be provided  at
    34  a shock incarceration facility, the department, in writing, shall notify
    35  the  incarcerated  individual,  provide a proposal describing a proposed
    36  alternative-to-shock-incarceration program, and notify him or  her  that
    37  he  or  she  may  object in writing to placement in such alternative-to-
    38  shock-incarceration program. If the incarcerated individual  objects  in
    39  writing to placement in such alternative-to-shock-incarceration program,
    40  the department of corrections and community supervision shall notify the
    41  sentencing  court,  provide  such proposal to the court, and arrange for
    42  the incarcerated individual's prompt appearance before  the  court.  The
    43  court shall provide the proposal and notice of a court appearance to the
    44  people,  the  incarcerated individual and the appropriate defense attor-
    45  ney. After considering the proposal and any submissions by the  parties,
    46  and  after  a  reasonable  opportunity  for the people, the incarcerated
    47  individual and counsel to be heard, the court may modify its  sentencing
    48  order  accordingly,  notwithstanding the provisions of section 430.10 of
    49  the criminal procedure law.
    50    (ii) An incarcerated individual who successfully completes an alterna-
    51  tive-to-shock-incarceration program within the department of corrections
    52  and community supervision shall be treated  in  the  same  manner  as  a
    53  person  who  has successfully completed the shock incarceration program,
    54  as set forth in subdivision four of section eight hundred sixty-seven of
    55  the correction law.

        S. 6471--A                         23

     1    § 27. Section 60.05 of the penal law, as amended by chapter 410 of the
     2  laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended
     3  by chapter 738 of the laws of 2004, subdivision 1 as amended by  chapter
     4  7  of  the  laws of 2007, subdivision 5 as amended by chapter 405 of the
     5  laws  of 2010 and subdivision 8 as amended by chapter 486 of the laws of
     6  2022, is amended to read as follows:
     7  § 60.05 Authorized dispositions; other class A, B, certain C and D felo-
     8            nies [and multiple felony offenders].
     9    1. Applicability. Except as provided in section 60.04 of this  article
    10  governing  the  authorized  dispositions  applicable  to felony offenses
    11  defined in article two hundred twenty [or  two  hundred  twenty-one]  of
    12  this  chapter  or in section 60.13 of this article governing the author-
    13  ized dispositions applicable to felony sex offenses defined in paragraph
    14  (a) of subdivision one of section 70.80  of  this  title,  this  section
    15  shall  govern  the  dispositions  authorized  when  a  person  is  to be
    16  sentenced upon a conviction of a class A felony, a class B felony  or  a
    17  class  C,  class D or class E felony specified [herein, or when a person
    18  is to be sentenced upon a conviction of a felony as  a  multiple  felony
    19  offender] in this section.
    20    2.  Class A felony. [Except as provided in subdivisions three and four
    21  of section 70.06 of this chapter, every] Every  person  convicted  of  a
    22  class  A  felony  must be sentenced [to imprisonment] in accordance with
    23  section 70.00 of this title[, unless such person is convicted of  murder
    24  in the first degree and is sentenced in accordance with section 60.06 of
    25  this article].
    26    3.  Class  B  felony.  [Except  as provided in subdivision six of this
    27  section, every] Every person convicted  of  a  class  B  violent  felony
    28  offense  as  defined  in subdivision one of section 70.02 of this title,
    29  must be sentenced [to imprisonment]  in  accordance  with  such  section
    30  [70.02];  and[,  except as provided in subdivision six of this section,]
    31  every person convicted of any other class B felony must be sentenced [to
    32  imprisonment] in accordance with section 70.00 of this title.
    33    4. Certain class C felonies. [Except as provided in  subdivision  six,
    34  every]  Every  person  convicted  of a class C violent felony offense as
    35  defined in subdivision one of section  70.02  of  this  title,  must  be
    36  sentenced  [to  imprisonment]  in  accordance with section 70.02 of this
    37  title[; and, except as provided in  subdivision  six  of  this  section,
    38  every person convicted of the class C felonies of: attempt to commit any
    39  of  the  class  B  felonies of bribery in the first degree as defined in
    40  section 200.04, bribe receiving  in  the  first  degree  as  defined  in
    41  section  200.12,  conspiracy  in the second degree as defined in section
    42  105.15 and criminal mischief in the first degree as defined  in  section
    43  145.12; criminal usury in the first degree as defined in section 190.42,
    44  rewarding  official misconduct in the first degree as defined in section
    45  200.22, receiving reward for official misconduct in the first degree  as
    46  defined  in section 200.27, attempt to promote prostitution in the first
    47  degree as defined in  section  230.32,  promoting  prostitution  in  the
    48  second degree as defined in section 230.30, arson in the third degree as
    49  defined  in  section 150.10 of this chapter, must be sentenced to impri-
    50  sonment in accordance with section 70.00 of this title].
    51    5. Certain class D felonies. [Except as provided in subdivision six of
    52  this section, every] Every person convicted of the class D  felonies  of
    53  assault in the second degree as defined in section 120.05, strangulation
    54  in the second degree as defined in section 121.12 or attempt to commit a
    55  class  C  felony  as  defined in section 230.30 of this chapter, must be
    56  sentenced in accordance with section 70.00 or 85.00 of this title.

        S. 6471--A                         24

     1    6. [Multiple felony offender. When the court imposes sentence  upon  a
     2  second violent felony offender, as defined in section 70.04, or a second
     3  felony  offender,  as  defined in section 70.06, the court must impose a
     4  sentence of imprisonment in accordance with section 70.04 or  70.06,  as
     5  the case may be, unless it imposes a sentence of imprisonment in accord-
     6  ance with section 70.08 or 70.10.
     7    7.]  Fines.  Where  the  court  imposes  a sentence of imprisonment in
     8  accordance with this section, the court also may impose a  fine  author-
     9  ized by article eighty of this title and in such case the sentence shall
    10  be both imprisonment and a fine.
    11    [8.]  7. Shock incarceration participation. (a) When the court imposes
    12  a determinate sentence of imprisonment pursuant to  subdivision  [three]
    13  two  of  section  70.02  of  this  [chapter] title or subdivision six of
    14  section 70.06 of this [chapter upon a person who stands convicted either
    15  of burglary in the second  degree  as  defined  in  subdivision  two  of
    16  section  140.25  of  this  chapter  or  robbery  in the second degree as
    17  defined in subdivision one of section 160.10  of  this  chapter,  or  an
    18  attempt  thereof]  title,  upon  motion  of the defendant, the court may
    19  issue an order directing that the department of corrections and communi-
    20  ty supervision enroll the defendant in the shock  incarceration  program
    21  as  defined in article twenty-six-A of the correction law, provided that
    22  the defendant is an eligible incarcerated individual,  as  described  in
    23  subdivision  one  of  section eight hundred sixty-five of the correction
    24  law. Notwithstanding the foregoing provisions of this  subdivision,  any
    25  defendant  to  be  enrolled in such program pursuant to this subdivision
    26  shall be governed by the same rules and regulations promulgated  by  the
    27  department  of  corrections and community supervision, including without
    28  limitation those rules and  regulations  establishing  requirements  for
    29  completion  and  such  rules  and  regulations  governing discipline and
    30  removal from the program.
    31    (b) Paragraph b of subdivision seven of section 60.04 of this  article
    32  shall  apply in the event an incarcerated individual designated by court
    33  order for enrollment in  the  shock  incarceration  program  requires  a
    34  degree  of medical care or mental health care that cannot be provided at
    35  a shock incarceration facility.
    36    § 28. Paragraph (ii) of subdivision b of section 60.09  of  the  penal
    37  law,  as added by chapter 410 of the laws of 1979, is amended to read as
    38  follows:
    39    (ii) if the conviction was for a class  A-II  offense  the  court  may
    40  impose  a  new  minimum  term  which  shall be [no less than three years
    41  imprisonment and] no more than eight and one-third years;
    42    § 29. Section 60.10 of the penal law, as amended by chapter 411 of the
    43  laws of 1979, is amended to read as follows:
    44  § 60.10 Authorized disposition; juvenile offender.
    45    1. When a juvenile offender is convicted of a crime, the  court  shall
    46  sentence  the  defendant  [to  imprisonment]  in accordance with section
    47  70.05 of this title or sentence him upon a youthful offender finding  in
    48  accordance with section 60.02 of this [chapter] article.
    49    2. Subdivision one of this section shall apply when sentencing a juve-
    50  nile offender notwithstanding the provisions of any other law that deals
    51  with the authorized sentence for persons who are not juvenile offenders.
    52  [Provided, however, that the limitation prescribed by this section shall
    53  not  be  deemed  or  construed  to bar use of a conviction of a juvenile
    54  offender, other than a juvenile offender  who  has  been  adjudicated  a
    55  youthful  offender  pursuant to section 720.20 of the criminal procedure
    56  law, as a previous or predicate felony  offender  under  section  70.04,

        S. 6471--A                         25

     1  70.06,  70.08  or  70.10,  when sentencing a person who commits a felony
     2  after he has reached the age of sixteen.]
     3    §  30. Section 60.12 of the penal law, as amended by chapter 31 of the
     4  laws of 2019, subdivision 1 as amended by section 1 of part WW of  chap-
     5  ter 55 of the laws of 2019, is amended to read as follows:
     6  § 60.12 Authorized  disposition; alternative sentence; domestic violence
     7            cases.
     8    1. Notwithstanding any other provision of law, where a court is impos-
     9  ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06]  or
    10  subdivision two or three of section 70.71 of this title, [other than for
    11  an  offense  defined  in  section  125.26,  125.27,  subdivision five of
    12  section 125.25, or article 490 of this chapter, or for an offense  which
    13  would  require  such  person  to  register as a sex offender pursuant to
    14  article six-C of the correction law, an attempt or conspiracy to  commit
    15  any  such offense,] and is authorized [or required] pursuant to sections
    16  70.00, 70.02[, 70.06] or subdivision two or three of  section  70.71  of
    17  this  title  to  impose  a  sentence  of imprisonment, the court, upon a
    18  determination following a hearing that (a) at the time  of  the  instant
    19  offense,  the  defendant  was a victim of domestic violence subjected to
    20  substantial physical, sexual  or  psychological  abuse  inflicted  by  a
    21  member  of the same family or household as the defendant as such term is
    22  defined in subdivision one of section 530.11 of the  criminal  procedure
    23  law; (b) such abuse was a significant contributing factor to the defend-
    24  ant's  criminal  behavior;  (c) having regard for the nature and circum-
    25  stances of the crime and the history, character  and  condition  of  the
    26  defendant,  that  a  sentence of imprisonment pursuant to section 70.00,
    27  70.02[, 70.06] or subdivision two or three  of  section  70.71  of  this
    28  title  would be unduly harsh may instead impose a sentence in accordance
    29  with this section.
    30    A court may  determine  that  such  abuse  constitutes  a  significant
    31  contributing  factor  pursuant  to  paragraph  (b)  of  this subdivision
    32  regardless of whether the defendant raised a defense pursuant to article
    33  thirty-five, article forty, or subdivision one of section 125.25 of this
    34  chapter.
    35    At the hearing to determine whether the defendant should be  sentenced
    36  pursuant  to  this  section,  the  court shall consider oral and written
    37  arguments, take testimony from witnesses offered by  either  party,  and
    38  consider relevant evidence to assist in making its determination.  Reli-
    39  able hearsay shall be admissible at such hearings.
    40    2.  Where  a  court  would  otherwise be required to impose a sentence
    41  pursuant to section 70.02 of this title, the court may impose a definite
    42  sentence of imprisonment of less than one year [or less],  or  probation
    43  in accordance with the provisions of section 65.00 of this title, or may
    44  fix a determinate term of imprisonment as follows:
    45    (a)  For a class B felony, the term must be at least one year and must
    46  not exceed five years;
    47    (b) For a class C felony, the term must be at least one year and  must
    48  not exceed three and one-half years;
    49    (c)  For a class D felony, the term must be at least one year and must
    50  not exceed two years; and
    51    (d) For a class E felony, the term must  be  one  year  and  must  not
    52  exceed one and one-half years.
    53    3.  Where a court would otherwise be required to impose a sentence for
    54  a class A felony offense pursuant to section 70.00 of  this  title,  the
    55  court  may  fix  a  determinate  term  of imprisonment of at least [five
    56  years] one year and not to exceed fifteen years, or  impose  a  definite

        S. 6471--A                         26

     1  sentence  of imprisonment of less than one year, or probation in accord-
     2  ance with the provisions of section 65.00 of this title.
     3    4.  Where a court would otherwise be required to impose a sentence for
     4  a class A felony offense pursuant to subparagraph (i) of  paragraph  (b)
     5  of  subdivision  two of section 70.71 of this title, the court may fix a
     6  determinate term of imprisonment of at least [five years] one  year  and
     7  not to exceed eight years, or impose a definite sentence of imprisonment
     8  of less than one year, or probation in accordance with the provisions of
     9  section 65.00 of this title.
    10    5.  Where a court would otherwise be required to impose a sentence for
    11  a class A felony offense pursuant to subparagraph (i) of  paragraph  (b)
    12  of subdivision three of section 70.71 of this title, the court may fix a
    13  determinate  term  of imprisonment of at least [five years] one year and
    14  not to exceed twelve years, or impose a definite sentence  of  imprison-
    15  ment  of  less  than  one  year,  or  probation  in  accordance with the
    16  provisions of section 65.00 of this title.
    17    6. Where a court would otherwise be required to impose a sentence  for
    18  a  class A felony offense pursuant to subparagraph (ii) of paragraph (b)
    19  of subdivision two of section 70.71 of this title, the court may  fix  a
    20  determinate  term of imprisonment of at least one year and not to exceed
    21  three years, or impose a definite sentence of imprisonment of less  than
    22  one  year,  or  probation  in  accordance with the provisions of section
    23  65.00 of this title.
    24    7. Where a court would otherwise be required to impose a sentence  for
    25  a  class A felony offense pursuant to subparagraph (ii) of paragraph (b)
    26  of subdivision three of section 70.71 of this title, the court may fix a
    27  determinate term of imprisonment of at least [three years] one year  and
    28  not  to  exceed six years, or impose a definite sentence of imprisonment
    29  of less than one year, or probation in accordance with the provisions of
    30  section 65.00 of this title.
    31    [8. Where a court would otherwise be required  to  impose  a  sentence
    32  pursuant  to  subdivision  six of section 70.06 of this title, the court
    33  may fix a term of imprisonment as follows:
    34    (a) For a class B felony, the term must be at least  three  years  and
    35  must not exceed eight years;
    36    (b)  For  a class C felony, the term must be at least two and one-half
    37  years and must not exceed five years;
    38    (c) For a class D felony, the term must be at least two years and must
    39  not exceed three years;
    40    (d) For a class E felony, the term must be at least one  and  one-half
    41  years and must not exceed two years.
    42    9.  Where a court would otherwise be required to impose a sentence for
    43  a class B, C, D or E felony offense pursuant to section  70.00  of  this
    44  title, the court may impose a sentence in accordance with the provisions
    45  of subdivision two of section 70.70 of this title.
    46    10.  Except  as provided in subdivision seven of this section, where a
    47  court would otherwise be required  to  impose  a  sentence  pursuant  to
    48  subdivision three of section 70.06 of this title, the court may impose a
    49  sentence  in  accordance  with  the  provisions  of subdivision three of
    50  section 70.70 of this title.
    51    11. Where a court would otherwise be required  to  impose  a  sentence
    52  pursuant  to subdivision three of section 70.06 of this title, where the
    53  prior felony conviction was for a  felony  offense  defined  in  section
    54  70.02  of this title, the court may impose a sentence in accordance with
    55  the provisions of subdivision four of section 70.70 of this title.]

        S. 6471--A                         27

     1    § 31. Section 65.00 of the penal law, subdivisions 1 and 2 as  amended
     2  by  chapter  835 of the laws of 1974, the opening paragraph of paragraph
     3  (a) of subdivision 1 as amended by chapter 738 of the laws of 2004,  the
     4  opening  paragraph  of  paragraph  (b)  of  subdivision  1 as amended by
     5  section  19  and  subparagraph (ii) of paragraph (a) of subdivision 3 as
     6  amended by section 20 of part AAA of chapter 56 of the laws of 2009, the
     7  closing paragraph of subdivision 1 as amended by chapter 3 of  the  laws
     8  of  1995,  subdivision  3 as amended by chapter 264 of the laws of 2003,
     9  subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and
    10  paragraph (d) of subdivision 3 as amended by chapter 556 of the laws  of
    11  2013,  paragraph  (c)  of subdivision 3 as amended by chapter 568 of the
    12  laws of 2004, the closing paragraph of subdivision 3 as amended by chap-
    13  ter 320 of the laws of 2006, subdivision 4 as amended by chapter  17  of
    14  the  laws  of  2014,  and subdivision 5 as amended by chapter 264 of the
    15  laws of 2003 and as renumbered by chapter 556 of the laws  of  2013,  is
    16  amended to read as follows:
    17  § 65.00 Sentence of probation.
    18    1.  [Criteria.  (a)  Except  as otherwise required by section 60.04 or
    19  60.05 of this title, and except as provided by paragraph (b) hereof, the
    20  court may sentence a person to a period of probation upon conviction  of
    21  any crime if the court, having regard to the nature and circumstances of
    22  the  crime and to the history, character and condition of the defendant,
    23  is of the opinion that:
    24    (i) Institutional confinement for the term authorized by  law  of  the
    25  defendant is or may not be necessary for the protection of the public;
    26    (ii)  the  defendant is in need of guidance, training or other assist-
    27  ance which,  in  his  case,  can  be  effectively  administered  through
    28  probation supervision; and
    29    (iii) such disposition is not inconsistent with the ends of justice.
    30    (b) The court, with the concurrence of either the administrative judge
    31  of the court or of the judicial district within which the court is situ-
    32  ated or such administrative judge as the presiding justice of the appro-
    33  priate  appellate  division  shall designate, may sentence a person to a
    34  period of probation upon conviction of a class A-II  felony  defined  in
    35  article two hundred twenty, the class B felony defined in section 220.48
    36  of  this  chapter  or  any  other  class B felony defined in article two
    37  hundred twenty of this chapter where the person is a second felony  drug
    38  offender as defined in paragraph (b) of subdivision one of section 70.70
    39  of  this  chapter, if the prosecutor either orally on the record or in a
    40  writing filed with the indictment recommends  that  the  court  sentence
    41  such  person  to  a period of probation upon the ground that such person
    42  has or is providing material assistance in the investigation,  apprehen-
    43  sion  or  prosecution  of any person for a felony defined in article two
    44  hundred twenty or the attempt or the conspiracy to commit any such felo-
    45  ny, and if the court, having regard to the nature and  circumstances  of
    46  the  crime  and to the history, character and condition of the defendant
    47  is of the opinion that:
    48    (i) Institutional confinement of the defendant is  not  necessary  for
    49  the protection of the public;
    50    (ii)  The  defendant is in need of guidance, training or other assist-
    51  ance which,  in  his  case,  can  be  effectively  administered  through
    52  probation supervision;
    53    (iii)  The  defendant  has  or is providing material assistance in the
    54  investigation, apprehension or prosecution of  a  person  for  a  felony
    55  defined  in  article  two hundred twenty or the attempt or conspiracy to
    56  commit any such felony; and

        S. 6471--A                         28

     1    (iv) Such disposition is not inconsistent with the ends of justice.
     2    Provided,  however,  that  the  court  shall not, except to the extent
     3  authorized by paragraph (d) of subdivision two of section 60.01 of  this
     4  chapter, impose a sentence of probation in any case where it sentences a
     5  defendant for more than one crime and imposes a sentence of imprisonment
     6  for  any  one  of  the  crimes,  or where the defendant is subject to an
     7  undischarged indeterminate or determinate sentence of imprisonment which
     8  was imposed at a previous time by a court of this  state  and  has  more
     9  than one year to run.
    10    2.]  Sentence. When a person is sentenced to a period of probation the
    11  court shall, except to the extent authorized by paragraph (d) of  subdi-
    12  vision  two  of section 60.01 of this chapter, impose the period author-
    13  ized by subdivision [three] two of this section and  shall  specify,  in
    14  accordance  with  section 65.10, the conditions to be complied with. The
    15  court may modify or enlarge the conditions or, if the defendant  commits
    16  an  additional  offense  or violates a condition, revoke the sentence at
    17  any time prior to  the  expiration  or  termination  of  the  period  of
    18  probation.
    19    [3.]  2.  Periods of probation. Unless terminated sooner in accordance
    20  with the criminal procedure law, the period of  probation  shall  be  as
    21  follows:
    22    (a)  (i) For a felony, other than a class A-II felony defined in arti-
    23  cle two hundred twenty of this chapter or the class B felony defined  in
    24  section  220.48 of this chapter, [or any other class B felony defined in
    25  article two hundred twenty of this chapter committed by a second  felony
    26  drug offender,] or a sexual assault, the period of probation shall [be a
    27  term of three, four or] not exceed five years;
    28    (ii) For a class A-II felony drug offender as defined in paragraph (a)
    29  of  subdivision  one  of  section 70.71 of this chapter [as described in
    30  paragraph (b) of subdivision one of this section, or a  class  B  felony
    31  committed by a second felony drug offender described in paragraph (b) of
    32  subdivision one of this section, the], any period of probation [shall be
    33  life]  may be imposed and for a class B felony defined in section 220.48
    34  of this chapter, the period of probation shall [be] not  exceed  twenty-
    35  five years;
    36    (iii)  For a felony sexual assault, the period of probation shall [be]
    37  not exceed ten years.
    38    (b) (i) For a class A misdemeanor, other than a  sexual  assault,  the
    39  period  of  probation  shall  [be]  not  exceed a term of [two or] three
    40  years;
    41    (ii) For a class A misdemeanor sexual assault, the period of probation
    42  shall [be] not exceed six years.
    43    (c) For a class B misdemeanor, the period of probation shall [be]  not
    44  exceed  one  year, except the period of probation shall [be no less than
    45  one year and no more than] not exceed three years for the class B misde-
    46  meanor of public lewdness as defined in section 245.00 of this chapter;
    47    (d) For an unclassified misdemeanor, the  period  of  probation  shall
    48  [be]  not  exceed  a  term  of  [two  or]  three years if the authorized
    49  sentence of imprisonment is in excess of  three  months,  otherwise  the
    50  period of probation shall [be] not exceed one year.
    51    For  the  purposes of this section, the term "sexual assault" means an
    52  offense defined in article one hundred  thirty  or  two  hundred  sixty-
    53  three,  or  in  section  255.25, 255.26 or 255.27 of this chapter, or an
    54  attempt to commit any of the foregoing offenses.
    55    [4.] 3. If during the periods of probation referenced in  subparagraph
    56  (i)  of  paragraph  (a), subparagraph (i) of paragraph (b) and paragraph

        S. 6471--A                         29

     1  (d) of subdivision [three] two of this section an alleged  violation  is
     2  sustained following a hearing pursuant to section 410.70 of the criminal
     3  procedure  law  and  the  court  continues or modifies the sentence, the
     4  court  may  extend  the  remaining period of probation up to the maximum
     5  term authorized by this section. Provided, however,  a  defendant  shall
     6  receive  credit for the time during which he or she was supervised under
     7  the original probation sentence prior to any declaration of  delinquency
     8  and  for  any  time  spent  in  custody  pursuant to this article for an
     9  alleged violation of probation.
    10    [5.] 4. In any case where a court  pursuant  to  its  authority  under
    11  subdivision  four of section 60.01 of this chapter revokes probation and
    12  sentences such person to imprisonment  and  probation,  as  provided  in
    13  paragraph  (d)  of subdivision two of section 60.01 of this chapter, the
    14  period of probation shall  be  the  remaining  period  of  the  original
    15  probation sentence or one year whichever is greater.
    16    §  32. Section 65.05 of the penal law, subdivision 1 as added by chap-
    17  ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi-
    18  sion 2 as amended by chapter 742 of the laws of 1981 and  subdivision  3
    19  as  amended  by  chapter  618 of the laws of 1992, is amended to read as
    20  follows:
    21  § 65.05 Sentence of conditional discharge.
    22    1. [Criteria. (a) Except as otherwise required by section  60.05,  the
    23  court  may  impose a sentence of conditional discharge for an offense if
    24  the court, having regard to the nature and circumstances of the  offense
    25  and  to the history, character and condition of the defendant, is of the
    26  opinion that neither the public interest nor the ends of  justice  would
    27  be  served  by a sentence of imprisonment and that probation supervision
    28  is not appropriate.
    29    (b) When a sentence of conditional discharge is imposed for a  felony,
    30  the court shall set forth in the record the reasons for its action.
    31    2.]  Sentence.  Except  to  the  extent authorized by paragraph (d) of
    32  subdivision two of section 60.01 of this [chapter] title, when the court
    33  imposes a sentence of  conditional  discharge  the  defendant  shall  be
    34  released  with  respect  to  the  conviction  for  which the sentence is
    35  imposed without  imprisonment  or  probation  supervision  but  subject,
    36  during  the  period  of conditional discharge, to such conditions as the
    37  court may determine. The court shall impose the  period  of  conditional
    38  discharge  authorized  by  subdivision  [three]  two of this section and
    39  shall specify, in accordance with section 65.10  of  this  article,  the
    40  conditions to be complied with.  If a defendant is sentenced pursuant to
    41  paragraph  (e)  of  subdivision  two  of section 65.10 of this [chapter]
    42  article, the court shall require the administrator  of  the  program  to
    43  provide  written notice to the court of any violation of program partic-
    44  ipation by the defendant. The court may modify or enlarge the conditions
    45  or, if the defendant commits an additional offense or violates a  condi-
    46  tion,  revoke the sentence at any time prior to the expiration or termi-
    47  nation of the period of conditional discharge.
    48    [3.] 2. Periods of conditional discharge. Unless terminated sooner  in
    49  accordance  with  the  criminal procedure law, the period of conditional
    50  discharge shall be as follows:
    51    (a) [Three] Up to three years in the case of a felony; and
    52    (b) [One] Up to one year in the case of a misdemeanor or a violation.
    53    Where the court has required, as a condition of the sentence, that the
    54  defendant make restitution of the fruits of his or her offense  or  make
    55  reparation  for  the loss caused thereby and such condition has not been
    56  satisfied, the court, at any time prior to the expiration or termination

        S. 6471--A                         30

     1  of the period of conditional discharge, may impose an additional period.
     2  The length of the additional period shall be fixed by the court  at  the
     3  time  it  is  imposed  and  shall not be more than two years. All of the
     4  incidents of the original sentence, including the authority of the court
     5  to modify or enlarge the conditions, shall continue to apply during such
     6  additional period.
     7    § 33. Section 65.20 of the penal law is amended to read as follows:
     8  § 65.20 Sentence of unconditional discharge.
     9    [1.  Criteria.  The  court  may  impose  a  sentence  of unconditional
    10  discharge in any case where it is authorized to  impose  a  sentence  of
    11  conditional discharge under section 65.05 if the court is of the opinion
    12  that  no  proper  purpose would be served by imposing any condition upon
    13  the defendant's release.
    14    When a sentence of unconditional discharge is imposed  for  a  felony,
    15  the court shall set forth in the record the reasons for its action.
    16    2.  Sentence.]  When  the  court  imposes  a sentence of unconditional
    17  discharge,  the  defendant  shall  be  released  with  respect  to   the
    18  conviction  for which the sentence is imposed without imprisonment, fine
    19  or probation supervision. A sentence of unconditional discharge  is  for
    20  all purposes a final judgment of conviction.
    21    §  34.  Subdivision  2  of section 85.00 of the penal law, as added by
    22  chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277
    23  of the laws of 1973, is amended to read as follows:
    24    2. Authorization for use of sentence. The court may impose a  sentence
    25  of intermittent imprisonment in any case where:
    26    (a) [the court is imposing sentence, upon a person other than a second
    27  or  persistent  felony  offender, for a class D or class E felony or for
    28  any offense that is not a felony; and
    29    (b)] the court is not imposing any other sentence of imprisonment upon
    30  the defendant at the same time; and
    31    [(c)] (b) the defendant is not under any other sentence  of  imprison-
    32  ment  with a term in excess of fifteen days imposed by any other court[;
    33  and].
    34    § 35. Subdivisions 3, 4 and 5 of section  485.10  of  the  penal  law,
    35  subdivisions  3  and  4  as added by chapter 107 of the laws of 2000 and
    36  subdivision 5 as amended by chapter 624 of the laws of 2022, are amended
    37  to read as follows:
    38    3. [Notwithstanding any other provision  of  law,  when  a  person  is
    39  convicted  of  a  hate  crime pursuant to this article and the specified
    40  offense is a class B felony:
    41    (a) the maximum term of the indeterminate sentence must  be  at  least
    42  six  years  if  the  defendant is sentenced pursuant to section 70.00 of
    43  this chapter;
    44    (b) the term of the determinate sentence must be at least eight  years
    45  if the defendant is sentenced pursuant to section 70.02 of this chapter;
    46    (c) the term of the determinate sentence must be at least twelve years
    47  if the defendant is sentenced pursuant to section 70.04 of this chapter;
    48    (d)  the  maximum  term of the indeterminate sentence must be at least
    49  four years if the defendant is sentenced pursuant to  section  70.05  of
    50  this chapter; and
    51    (e)  the maximum term of the indeterminate sentence or the term of the
    52  determinate sentence must be at least ten  years  if  the  defendant  is
    53  sentenced pursuant to section 70.06 of this chapter.
    54    4.  Notwithstanding  any  other  provision  of  law,  when a person is
    55  convicted of a hate crime pursuant to this  article  and  the  specified

        S. 6471--A                         31

     1  offense  is  a class A-1 felony, the minimum period of the indeterminate
     2  sentence shall be not less than twenty years.
     3    5.] In addition to any of the dispositions authorized by this chapter,
     4  the  court  shall  require as part of the sentence imposed upon a person
     5  convicted of a hate crime pursuant to this article, that  the  defendant
     6  complete  a  program, training session or counseling session directed at
     7  hate crime prevention and education, where  the  court  determines  such
     8  program,  training  session or counseling session is appropriate, avail-
     9  able and was developed or authorized by the court or local  agencies  in
    10  cooperation with organizations serving the affected community.
    11    §  36.  Paragraph  (d) of subdivision 2 of section 490.25 of the penal
    12  law is REPEALED.
    13    § 37. Sections 220.35, 400.15, 400.16, 400.19, 400.20  and  400.21  of
    14  the criminal procedure law are REPEALED.
    15    §  38. Subdivision 6 of section 2 of the correction law, as amended by
    16  chapter 476 of the laws of 1970, is amended to read as follows:
    17    6. "Residential treatment facility". A correctional facility  consist-
    18  ing  of a community based residence in or near a community where employ-
    19  ment, educational and training opportunities are readily  available  for
    20  persons  who  [are on parole or conditional release and for persons who]
    21  are or who will soon be eligible for release on  parole  who  intend  to
    22  reside in or near that community when released.
    23    § 39. Subdivision 10 of section 73 of the correction law is REPEALED.
    24    §  40.  Subdivision 1 of section 865 of the correction law, as amended
    25  by chapter 322 of the laws of 2021, is amended to read as follows:
    26    1. "Eligible incarcerated individual" means a person sentenced  to  an
    27  indeterminate  term of imprisonment who will become eligible for release
    28  on parole within three years or  sentenced  to  a  determinate  term  of
    29  imprisonment  who  will  become  eligible for conditional release within
    30  three years[, who has not reached the age of fifty years,  who  has  not
    31  previously  been  convicted  of  a  violent felony as defined in article
    32  seventy of the penal law, or a felony in any  other  jurisdiction  which
    33  includes  all of the essential elements of any such violent felony, upon
    34  which an indeterminate or determinate term of imprisonment  was  imposed
    35  and  who  was between the ages of sixteen and fifty years at the time of
    36  commission of the crime upon which  his  or  her  present  sentence  was
    37  based.  Notwithstanding the foregoing, no person who is convicted of any
    38  of the following crimes shall be deemed eligible to participate in  this
    39  program:  (a)  a violent felony offense as defined in article seventy of
    40  the penal law; provided, however, that a  person  who  is  convicted  of
    41  burglary  in  the second degree as defined in subdivision two of section
    42  140.25 of the penal law, or robbery in the second degree as  defined  in
    43  subdivision one of section 160.10 of the penal law, or an attempt there-
    44  of, is eligible to participate, (b) an A-I felony offense, (c) any homi-
    45  cide  offense as defined in article one hundred twenty-five of the penal
    46  law, (d) any felony sex offense as defined in article one hundred thirty
    47  of the penal law and (e) any escape or absconding offense as defined  in
    48  article two hundred five of the penal law].
    49    §  41.  Section  220.10  of  the criminal procedure law, as amended by
    50  chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410
    51  of the laws of 1979, subparagraph (i) of paragraph (a) of subdivision  5
    52  as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi-
    53  sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of
    54  paragraph  (d) of subdivision 5 as amended by chapter 189 of the laws of
    55  2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws
    56  of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended

        S. 6471--A                         32

     1  by chapter 23 of the laws of 2024, the second undesignated paragraph  of
     2  paragraph  (g) of subdivision 5 as amended by chapter 920 of the laws of
     3  1982, the closing paragraph of paragraph (g) of subdivision 5 as amended
     4  by  chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5 as
     5  added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5
     6  as amended by chapter 322 of the laws of 2021 and subdivision 6 as added
     7  by chapter 548 of the laws of 1980, is amended to read as follows:
     8  § 220.10 Plea; kinds of pleas.
     9    The only kinds of pleas which may be  entered  to  an  indictment  are
    10  those specified in this section:
    11    1. The defendant may as a matter of right enter a plea of "not guilty"
    12  to the indictment.
    13    2.  [Except as provided in subdivision five, the] The defendant may as
    14  a matter of right enter a plea of "guilty" to the entire indictment.
    15    3. [Except as provided in subdivision five, where] Where  the  indict-
    16  ment  charges  but  one crime, the defendant may, with [both] either the
    17  permission of the court [and] in furtherance of  justice  in  accordance
    18  with  the  factors outlined in subdivision one of section 210.40 of this
    19  part, or the consent of the people with the  permission  of  the  court,
    20  enter a plea of guilty of a lesser included offense.
    21    4.  [Except  as provided in subdivision five, where] Where the indict-
    22  ment charges two or more offenses in separate counts, the defendant may,
    23  with [both] either the permission of the court [and] in  furtherance  of
    24  justice  in  accordance  with the factors outlined in subdivision one of
    25  section 210.40 of this part, or the  consent  of  the  people  with  the
    26  permission of the court, enter a plea of:
    27    (a) Guilty of one or more but not all of the offenses charged; or
    28    (b)  Guilty of a lesser included offense with respect to any or all of
    29  the offenses charged; or
    30    (c) Guilty of any combination of offenses charged and lesser  offenses
    31  included within other offenses charged.
    32    5.  [(a)  (i) Where the indictment charges one of the class A felonies
    33  defined in article two hundred twenty of the penal law or the attempt to
    34  commit any such class A felony, then any plea of guilty entered pursuant
    35  to subdivision three or four of this section must be or must include  at
    36  least a plea of guilty of a class B felony.
    37    (iii) Where the indictment charges one of the class B felonies defined
    38  in  article  two hundred twenty of the penal law then any plea of guilty
    39  entered pursuant to subdivision three or four must be or must include at
    40  least a plea of guilty of a class D felony.
    41    (b) Where the indictment charges any class  B  felony,  other  than  a
    42  class B felony defined in article two hundred twenty of the penal law or
    43  a  class  B  violent  felony  offense  as  defined in subdivision one of
    44  section 70.02 of the penal law, then any plea of guilty entered pursuant
    45  to subdivision three or four must be or must include at least a plea  of
    46  guilty of a felony.
    47    (c) Where the indictment charges a felony, other than a class A felony
    48  or class B felony defined in article two hundred twenty of the penal law
    49  or  class  B or class C violent felony offense as defined in subdivision
    50  one of section 70.02 of the penal law, and it appears that the defendant
    51  has previously been  subjected  to  a  predicate  felony  conviction  as
    52  defined  in  penal  law  section  70.06  then any plea of guilty entered
    53  pursuant to subdivision three or four must be or must include at least a
    54  plea of guilty of a felony.
    55    (d) Where the indictment charges a class A felony,  other  than  those
    56  defined  in  article  two  hundred twenty of the penal law, or charges a

        S. 6471--A                         33

     1  class B or class C violent felony offense as defined in subdivision  one
     2  of  section 70.02 of the penal law, then a plea of guilty entered pursu-
     3  ant to subdivision three or four must be as follows:
     4    (i) Where the indictment charges a class A felony offense or a class B
     5  violent felony offense which is also an armed felony offense then a plea
     6  of  guilty  must  include at least a plea of guilty to a class C violent
     7  felony offense;
     8    (ii) Except as provided in subparagraph (i) of this  paragraph,  where
     9  the  indictment  charges  a  class B violent felony offense or a class C
    10  violent felony offense, then a plea of guilty must include  at  least  a
    11  plea of guilty to a class D violent felony offense;
    12    (iii)  Where the indictment charges the class D violent felony offense
    13  of criminal possession of a weapon in the third  degree  as  defined  in
    14  subdivision  four  of section 265.02 of the penal law, and the defendant
    15  has not been previously convicted of a class A  misdemeanor  defined  in
    16  the penal law in the five years preceding the commission of the offense,
    17  then  a  plea  of  guilty  must  be either to the class E violent felony
    18  offense of attempted criminal possession of a weapon in the third degree
    19  or to the class A misdemeanor of criminal possession of a weapon in  the
    20  fourth  degree  as  defined  in subdivision one of section 265.01 of the
    21  penal law;
    22    (iv) Where the indictment charges the class D violent felony  offenses
    23  of  criminal  possession  of  a weapon in the third degree as defined in
    24  subdivision four of section 265.02 of the penal law and  the  provisions
    25  of  subparagraph  (iii)  of  this paragraph do not apply, or subdivision
    26  five, seven or eight of section 265.02 of the penal law, then a plea  of
    27  guilty must include at least a plea of guilty to a class E violent felo-
    28  ny offense.
    29    (e)  A defendant may not enter a plea of guilty to the crime of murder
    30  in the first degree as defined in  section  125.27  of  the  penal  law;
    31  provided,  however, that a defendant may enter such a plea with both the
    32  permission of the court and the consent of the people  when  the  agreed
    33  upon  sentence  is  either life imprisonment without parole or a term of
    34  imprisonment for the class A-I felony of  murder  in  the  first  degree
    35  other than a sentence of life imprisonment without parole.
    36    (f)  The  provisions  of  this subdivision shall apply irrespective of
    37  whether the defendant is thereby precluded from entering a plea of guil-
    38  ty of any lesser included offense.
    39    (g)] Where the defendant is a juvenile offender,  [the  provisions  of
    40  paragraphs  (a),  (b),  (c)  and (d) of this subdivision shall not apply
    41  and] any plea entered pursuant to subdivision  three  or  four  of  this
    42  section, must be as follows:
    43    [(i)] (a) If the indictment charges a person fourteen or fifteen years
    44  old  with  the  crime  of murder in the second degree any plea of guilty
    45  entered pursuant to subdivision three or four must be a plea  of  guilty
    46  of a crime for which the defendant is criminally responsible;
    47    [(ii)]  (b)  If  the  indictment  does not charge a crime specified in
    48  [subparagraph (i)] paragraph (a) of this [paragraph]  subdivision,  then
    49  any plea of guilty entered pursuant to subdivision three or four of this
    50  section  must  be a plea of guilty of a crime for which the defendant is
    51  criminally responsible unless a plea of guilty is accepted  pursuant  to
    52  [subparagraph (iii)] paragraph (c) of this [paragraph] subdivision;
    53    [(iii)]  (c) Where the indictment does not charge a crime specified in
    54  [subparagraph (i)] paragraph (a) of this  [paragraph]  subdivision,  the
    55  district  attorney  may  recommend  removal  of the action to the family
    56  court. Upon making  such  recommendation  the  district  attorney  shall

        S. 6471--A                         34

     1  submit a subscribed memorandum setting forth: [(1)] (i) a recommendation
     2  that  the  interests  of  justice would best be served by removal of the
     3  action to the family court; and [(2)] (ii) if the indictment  charges  a
     4  thirteen  year  old  with the crime of murder in the second degree, or a
     5  fourteen or fifteen year old with the crimes of rape in the first degree
     6  as defined in subdivision one of section 130.35 of  the  penal  law,  or
     7  criminal sexual act in the first degree as defined in subdivision one of
     8  section  130.50 of the penal law, or an armed felony as defined in para-
     9  graph (a) of subdivision forty-one  of  section  1.20  of  this  chapter
    10  specific factors, one or more of which reasonably supports the recommen-
    11  dation,  showing,  [(i)] (1) mitigating circumstances that bear directly
    12  upon the manner in which the crime was committed, or  [(ii)]  (2)  where
    13  the  defendant  was  not  the  sole  participant  in the crime, that the
    14  defendant's participation was relatively minor although not so minor  as
    15  to  constitute  a  defense  to  the prosecution, or [(iii)] (3) possible
    16  deficiencies in proof of the crime, or [(iv)]  (4)  where  the  juvenile
    17  offender  has no previous adjudications of having committed a designated
    18  felony act, as defined in subdivision eight  of  section  301.2  of  the
    19  family  court  act, regardless of the age of the offender at the time of
    20  commission of the act, that the criminal act was not part of  a  pattern
    21  of criminal behavior and, in view of the history of the offender, is not
    22  likely to be repeated.
    23    If  the court is of the opinion based on specific factors set forth in
    24  the district attorney's memorandum that the interests of  justice  would
    25  best  be  served by removal of the action to the family court, a plea of
    26  guilty of a crime or act for  which  the  defendant  is  not  criminally
    27  responsible may be entered pursuant to subdivision three or four of this
    28  section,  except  that  a  thirteen  year  old charged with the crime of
    29  murder in the second degree may only plead to a designated  felony  act,
    30  as  defined  in  subdivision  eight of section 301.2 of the family court
    31  act.
    32    Upon accepting any such plea, the court must specify upon  the  record
    33  the  portion  or portions of the district attorney's statement the court
    34  is relying upon as the basis of its opinion and  that  it  believes  the
    35  interests  of  justice would best be served by removal of the proceeding
    36  to the family court. Such plea shall then be deemed  to  be  a  juvenile
    37  delinquency  fact  determination  and  the court upon entry thereof must
    38  direct that the action be removed to the family court in accordance with
    39  the provisions of article seven hundred twenty-five of this chapter.
    40    [(g-1) Where a defendant is an adolescent offender, the provisions  of
    41  paragraphs  (a),  (b), (c) and (d) of this subdivision shall not apply.]
    42  5-a. Where the plea is to an offense  constituting  a  misdemeanor,  the
    43  plea  shall be deemed replaced by an order of fact-finding in a juvenile
    44  delinquency proceeding, pursuant to section 346.1 of  the  family  court
    45  act,  and  the action shall be removed to the family court in accordance
    46  with article seven hundred twenty-five of this chapter. Where  the  plea
    47  is  to an offense constituting a felony, the court may remove the action
    48  to the family court in accordance with section 722.23 and article  seven
    49  hundred twenty-five of this chapter.
    50    [(h) Where the indictment charges the class E felony offense of aggra-
    51  vated harassment of an employee by an incarcerated individual as defined
    52  in  section  240.32 of the penal law, then a plea of guilty must include
    53  at least a plea of guilty to a class E felony.]
    54    6. The defendant may, with both the permission of the  court  and  the
    55  consent  of  the  people,  enter  a plea of not responsible by reason of

        S. 6471--A                         35

     1  mental disease or defect to the indictment in the manner  prescribed  in
     2  section 220.15 of this chapter.
     3    §  42. Subparagraph (iii) of paragraph (g) of subdivision 5 of section
     4  220.10 of the criminal procedure law, as amended by chapter  23  of  the
     5  laws of 2024, is amended to read as follows:
     6    [(iii)]  (c) Where the indictment does not charge a crime specified in
     7  [subparagraph (i)] paragraph (a) of this  [paragraph]  subdivision,  the
     8  district  attorney  may  recommend  removal  of the action to the family
     9  court. Upon making  such  recommendation  the  district  attorney  shall
    10  submit a subscribed memorandum setting forth: [(1)] (i) a recommendation
    11  that  the  interests  of  justice would best be served by removal of the
    12  action to the family court; and [(2)] (ii) if the indictment  charges  a
    13  thirteen  year  old  with the crime of murder in the second degree, or a
    14  fourteen or fifteen year old with the crimes of rape in the first degree
    15  as defined in subdivision one of section 130.35 of  the  penal  law,  or
    16  criminal sexual act in the first degree as defined in subdivision one of
    17  section  130.50 of the penal law, or an armed felony as defined in para-
    18  graph (a) of subdivision forty-one  of  section  1.20  of  this  chapter
    19  specific factors, one or more of which reasonably supports the recommen-
    20  dation,  showing,  [(i)] (1) mitigating circumstances that bear directly
    21  upon the manner in which the crime was committed, or  [(ii)]  (2)  where
    22  the  defendant  was  not  the  sole  participant  in the crime, that the
    23  defendant's participation was relatively minor although not so minor  as
    24  to  constitute  a  defense  to  the prosecution, or [(iii)] (3) possible
    25  deficiencies in proof of the crime, or [(iv)]  (4)  where  the  juvenile
    26  offender  has no previous adjudications of having committed a designated
    27  felony act, as defined in subdivision eight  of  section  301.2  of  the
    28  family  court  act, regardless of the age of the offender at the time of
    29  commission of the act, that the criminal act was not part of  a  pattern
    30  of criminal behavior and, in view of the history of the offender, is not
    31  likely to be repeated.
    32    § 43. Subdivision 3 of section 220.30 of the criminal procedure law is
    33  REPEALED.
    34    §  44.  Section  430.20  of  the  criminal procedure law is amended by
    35  adding a new subdivision 1-a to read as follows:
    36    1-a.  Time calculation. (a) If at the time of sentencing the defendant
    37  is at liberty, and has accrued jail  time  credit  such  that  the  time
    38  accrued may be equal to or exceed the amount of time the defendant would
    39  be  required  to  serve to reach the conditional release date of a defi-
    40  nite, indeterminate, or determinate sentence, or any jail portion  of  a
    41  sentence  of  probation  pursuant  to  the  sentence  or sentences to be
    42  imposed, the court shall proceed to impose sentence but shall not commit
    43  the defendant to custody, or if the defendant is in custody at the  time
    44  of sentencing the court shall, upon the defendant's request, release the
    45  defendant pending further order of the court. The court shall direct the
    46  department of corrections and community supervision, sheriff, or the New
    47  York  city  commissioner  of  corrections to promptly calculate the jail
    48  time credit under section 70.30 of the penal law and determine the  good
    49  time  credit  pursuant  to  section  70.40 of the penal law and sections
    50  eight hundred three and eight hundred four of  the  correction  law  and
    51  certify  such credit to the sentencing court. If the credit so certified
    52  is sufficient to satisfy the conditional release date of the sentence or
    53  sentences imposed by the court,  the  defendant  shall  not  be  further
    54  committed  to  custody pursuant to such sentence or sentences, except as
    55  otherwise expressly provided by law.

        S. 6471--A                         36

     1    (b) Where the defendant is otherwise  subject  to  probation,  parole,
     2  conditional  release  or post-release supervision under the terms of the
     3  court's sentence, the court shall direct the defendant to appear  forth-
     4  with at the office of the department of corrections and community super-
     5  vision  or  a  local  probation department. The terms of such probation,
     6  parole, conditional release or post-release supervision shall be  estab-
     7  lished by the court, the department of  corrections and community super-
     8  vision,  or  the  local  probation department, without commitment of the
     9  defendant.
    10    § 45. This act shall take effect immediately; provided, however,  that
    11  if  chapter  23  of  the  laws of 2024 shall not have taken effect on or
    12  before such date then section forty-two of this act shall take effect on
    13  the same date and in the same manner as such chapter of the laws of 2024
    14  takes effect.
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