STATE OF NEW YORK
________________________________________________________________________
1209
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
___________
Introduced by Sens. MYRIE, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
COONEY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HINCHEY, HOYLMAN-SI-
GAL, JACKSON, KAVANAGH, KRUEGER, MAY, PARKER, RAMOS, RIVERA, SALAZAR,
SANDERS, SEPULVEDA, SERRANO -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the criminal procedure law and the
correction law, in relation to eliminating mandatory minimums; to
amend 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-
9 tive reentry and reintegration into society[, and their confinement when
10 required in the interests of public protection] by imposing the minimum
11 sentence necessary to achieve the goals of sentencing outlined above.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03169-01-5
S. 1209 2
1 § 3. Section 380.20 of the criminal procedure law is amended to read
2 as follows:
3 § 380.20 Sentence required.
4 1. The court must pronounce sentence in every case where a conviction
5 is entered. If an accusatory instrument contains multiple counts and a
6 conviction is entered on more than one count the court must pronounce
7 sentence on each count.
8 2. When entering a sentence that includes a term of imprisonment, or
9 within seven days thereafter, the court shall issue a written decision
10 explaining its choice of sentence, based on individualized findings,
11 sufficient to facilitate appellate review. A defendant may knowingly and
12 voluntarily waive the right to a written decision.
13 § 4. Paragraph (a) of subdivision 3 of section 390.30 of the criminal
14 procedure law, as added by chapter 14 of the laws of 1985, is amended to
15 read as follows:
16 (a) The report of the pre-sentence investigation must contain an anal-
17 ysis of as much of the information gathered in the investigation as the
18 agency that conducted the investigation deems relevant to the question
19 of sentence. The report must also include any other [imformation] infor-
20 mation that the court directs to be included and the material required
21 by paragraph (b) of this subdivision which shall be considered part of
22 the report. The report shall include an analysis of the actual finan-
23 cial cost of incarceration to the state and/or localities of the poten-
24 tial sentences that may be imposed.
25 § 5. Subdivision 1 and paragraph (a) of subdivision 2 of section
26 390.50 of the criminal procedure law, subdivision 1 as separately
27 amended by chapters 224 and 369 of the laws of 1986 and paragraph (a) of
28 subdivision 2 as amended by chapter 31 of the laws of 2019, are amended
29 to read as follows:
30 1. In general. Any pre-sentence report or memorandum submitted to the
31 court pursuant to this article and any medical, psychiatric or social
32 agency report or other information gathered for the court by a probation
33 department, or submitted directly to the court, in connection with the
34 question of sentence is confidential and may not be made available by
35 any state agency, including the state department of corrections and
36 community supervision, to any person or public or private agency except
37 where specifically required or permitted by statute or upon specific
38 authorization of the court. Section one hundred forty-seven of the
39 correction law shall not be deemed to permit such disclosure. For
40 purposes of this section, any report, memorandum or other information
41 forwarded to a probation department within this state from a probation
42 agency outside this state is governed by the same rules of confidential-
43 ity. Any person, public or private agency receiving such material must
44 retain it under the same conditions of confidentiality as apply to the
45 probation department that made it available.
46 (a) Not less than one court day prior to sentencing, unless such time
47 requirement is waived by the parties, the pre-sentence report or memo-
48 randum shall be made available by the court for examination and for
49 copying and retention by the defendant's attorney, the defendant
50 [himself] themself, [if he has no attorney,] and the prosecutor. The
51 defendant shall be given an opportunity to challenge or correct any fact
52 or conclusion in the pre-sentence report or memorandum prior to the
53 court's pronouncement of sentence. In its discretion, the court may
54 except from disclosure a part or parts of the report or memoranda which
55 are not relevant to a proper sentence, or a diagnostic opinion which
56 might seriously disrupt a program of rehabilitation, or sources of
S. 1209 3
1 information which have been obtained on a promise of confidentiality, or
2 any other portion thereof, disclosure of which would not be in the
3 interest of justice. In all cases where a part or parts of the report or
4 memoranda are not disclosed, the court shall state for the record that a
5 part or parts of the report or memoranda have been excepted and the
6 reasons for its action. The action of the court excepting information
7 from disclosure shall be subject to appellate review. The pre-sentence
8 report shall be made available by the court for examination and copying
9 in connection with any appeal in the case, including an appeal under
10 this subdivision. Upon written request, the court shall make a copy of
11 the presentence report, other than a part or parts of the report redact-
12 ed by the court pursuant to this paragraph, available to the defendant
13 for use before the parole board for release consideration or an appeal
14 of a parole board determination or an application for resentencing
15 pursuant to section 440.46 or 440.47 of this chapter. [In his or her
16 written request to the court the defendant shall affirm that he or she
17 anticipates an appearance before the parole board or intends to file an
18 administrative appeal of a parole board determination or meets the
19 eligibility criteria for and intends to file a motion for resentencing
20 pursuant to 440.46 of this chapter or has received notification from the
21 court which received his or her request to apply for resentencing pursu-
22 ant to section 440.47 of this chapter confirming that he or she is
23 eligible to submit an application for resentencing pursuant to section
24 440.47 of this chapter.] The court shall respond to the defendant's
25 written request within twenty days from receipt of the defendant's writ-
26 ten request.
27 § 6. Section 70.00 of the penal law, the section heading as amended by
28 chapter 277 of the laws of 1973, subdivision 1 as amended by chapter 7
29 of the laws of 2007, subdivisions 2, 3 and 4 as amended by chapter 738
30 of the laws of 2004, paragraph (a) of subdivision 3 as amended by chap-
31 ter 107 and paragraph (b) of subdivision 3 as amended by chapter 746 of
32 the laws of 2006, subdivision 5 as amended by section 40-a of part WWW
33 of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap-
34 ter 1 of the laws of 1998, is amended to read as follows:
35 § 70.00 Sentence of imprisonment for felony.
36 1. Indeterminate sentence. Except as provided in subdivisions three
37 and four[, five and six] of this section or section 70.80 of this arti-
38 cle, [a] the term of sentence [of imprisonment] for a felony, other than
39 a felony defined in article two hundred twenty [or two hundred twenty-
40 one] of this chapter, shall be fixed by the court. If a court finds that
41 sentence of imprisonment of more than one year is the minimum term of
42 imprisonment necessary to achieve the goals of sentencing, the court
43 shall impose an indeterminate sentence. When such a sentence is imposed,
44 the court shall impose a maximum term in accordance with the provisions
45 of subdivision two of this section [and the minimum period of imprison-
46 ment shall be as provided in subdivision three of this section]. The
47 minimum period shall be fixed by the court and specified in the sentence
48 and shall be not less than one year nor more than one-third of the maxi-
49 mum term imposed, or the court may impose a definite sentence of impri-
50 sonment and fix a term of less than one year.
51 2. Maximum term of sentence. The maximum term of an indeterminate
52 sentence shall be at least three years and the term shall be fixed as
53 follows:
54 (a) For a class A felony, the term shall be life imprisonment;
55 (b) For a class B felony, the term shall be fixed by the court, and
56 shall not exceed twenty-five years;
S. 1209 4
1 (c) For a class C felony, the term shall be fixed by the court, and
2 shall not exceed fifteen years;
3 (d) For a class D felony, the term shall be fixed by the court, and
4 shall not exceed seven years; and
5 (e) For a class E felony, the term shall be fixed by the court, and
6 shall not exceed four years.
7 3. [Minimum period of imprisonment. The minimum period of imprisonment
8 under an indeterminate sentence shall be at least one year and shall be
9 fixed as follows:
10 (a) In the case of a class A felony, the minimum period shall be fixed
11 by the court and specified in the sentence.
12 (i) For a class A-I felony, such minimum period shall not be less than
13 fifteen years nor more than twenty-five years; provided, however, that
14 (A) where a sentence, other than a sentence of death or life imprison-
15 ment without parole, is imposed upon a defendant convicted of murder in
16 the first degree as defined in section 125.27 of this chapter such mini-
17 mum period shall be not less than twenty years nor more than twenty-five
18 years, and, (B) where a sentence is imposed upon a defendant convicted
19 of murder in the second degree as defined in subdivision five of section
20 125.25 of this chapter or convicted of aggravated murder as defined in
21 section 125.26 of this chapter, the sentence shall be life imprisonment
22 without parole, and, (C) where a sentence is imposed upon a defendant
23 convicted of attempted murder in the first degree as defined in article
24 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of
25 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
26 section 125.27 of this chapter or attempted aggravated murder as defined
27 in article one hundred ten of this chapter and section 125.26 of this
28 chapter such minimum period shall be not less than twenty years nor more
29 than forty years.
30 (ii) For a class A-II felony, such minimum period shall not be less
31 than three years nor more than eight years four months, except that for
32 the class A-II felony of predatory sexual assault as defined in section
33 130.95 of this chapter or the class A-II felony of predatory sexual
34 assault against a child as defined in section 130.96 of this chapter,
35 such minimum period shall be not less than ten years nor more than twen-
36 ty-five years.
37 (b) For any other felony, the minimum period shall be fixed by the
38 court and specified in the sentence and shall be not less than one year
39 nor more than one-third of the maximum term imposed.
40 4. Alternative definite sentence for class D and E felonies. When a
41 person, other than a second or persistent felony offender, is sentenced
42 for a class D or class E felony, and the court, having regard to the
43 nature and circumstances of the crime and to the history and character
44 of the defendant, is of the opinion that a sentence of imprisonment is
45 necessary but that it would be unduly harsh to impose an indeterminate
46 or determinate sentence, the court may impose a definite sentence of
47 imprisonment and fix a term of one year or less.
48 5.] Life imprisonment without parole. Notwithstanding any other
49 provision of law, a defendant sentenced to life imprisonment without
50 parole shall not be or become eligible for parole or conditional
51 release. For purposes of commitment and custody, other than parole and
52 conditional release, such sentence shall be deemed to be an indetermi-
53 nate sentence. A defendant may be sentenced to life imprisonment without
54 parole upon conviction for the crime of murder in the first degree as
55 defined in section 125.27 of this chapter and in accordance with the
56 procedures provided by law for imposing a sentence for such crime. A
S. 1209 5
1 defendant who was eighteen years of age or older at the time of the
2 commission of the crime must be sentenced to life imprisonment without
3 parole upon conviction for the crime of terrorism as defined in section
4 490.25 of this chapter, where the specified offense the defendant
5 committed is a class A-I felony; the crime of criminal possession of a
6 chemical weapon or biological weapon in the first degree as defined in
7 section 490.45 of this chapter; or the crime of criminal use of a chemi-
8 cal weapon or biological weapon in the first degree as defined in
9 section 490.55 of this chapter; provided, however, that nothing in this
10 subdivision shall preclude or prevent a sentence of death when the
11 defendant is also convicted of the crime of murder in the first degree
12 as defined in section 125.27 of this chapter. A defendant who was seven-
13 teen years of age or younger at the time of the commission of the crime
14 may be sentenced, in accordance with law, to the applicable indetermi-
15 nate sentence with a maximum term of life imprisonment. A defendant must
16 be sentenced to life imprisonment without parole upon conviction for the
17 crime of murder in the second degree as defined in subdivision five of
18 section 125.25 of this chapter or for the crime of aggravated murder as
19 defined in subdivision one of section 125.26 of this chapter. A defend-
20 ant may be sentenced to life imprisonment without parole upon conviction
21 for the crime of aggravated murder as defined in subdivision two of
22 section 125.26 of this chapter.
23 [6.] 4. Determinate sentence. [Except as provided in subdivision four
24 of this section and subdivisions two and four of section 70.02, when]
25 When a person is sentenced as a violent felony offender pursuant to
26 section 70.02 [or as a second violent felony offender pursuant to
27 section 70.04 or as a second felony offender on a conviction for a
28 violent felony offense pursuant to section 70.06] of this article, the
29 sentence shall be fixed by the court. If a court finds that a sentence
30 of imprisonment of more than one year is the minimum term of imprison-
31 ment necessary to achieve the goals of sentencing, the court must impose
32 a determinate sentence of imprisonment in accordance with the provisions
33 of such [sections and such sentence shall include, as a part thereof, a
34 period of post-release supervision in accordance with section 70.45]
35 section.
36 § 7. Subdivision d of section 74 of chapter 3 of the laws of 1995,
37 enacting the sentencing reform act of 1995, as amended by section 17 of
38 part A of chapter 55 of the laws of 2023, is amended to read as follows:
39 d. Sections one-a [through], one-b, two, four through eight, eleven,
40 twelve, twenty, twenty-four through twenty-eight, thirty through thir-
41 ty-nine, forty-two and forty-four of this act shall be deemed repealed
42 on September 1, 2025;
43 § 8. Subdivisions 2 and 4 of section 70.02 of the penal law are
44 REPEALED and subdivision 3, as amended by chapter 765 of the laws of
45 2005, paragraphs (b) and (c) as amended by chapter 1 of the laws of
46 2013, is amended to read as follows:
47 [3.] 2. Term of sentence. The term [of a determinate sentence] for a
48 violent felony offense must be fixed by the court. The court may impose
49 a definite sentence of imprisonment and fix a term of less than one
50 year. If a court finds that a sentence of imprisonment of more than one
51 year is the minimum term of imprisonment necessary to achieve the goals
52 of sentencing, the court shall impose a determinate sentence as follows:
53 (a) For a class B felony, the term must be at least [five years] one
54 year and must not exceed twenty-five years, provided, however, that the
55 term [must be]: (i) [at least ten years and] must not exceed thirty
56 years where the sentence is for the crime of aggravated assault upon a
S. 1209 6
1 police officer or peace officer as defined in section 120.11 of this
2 chapter; and (ii) [at least ten years and] must not exceed thirty years
3 where the sentence is for the crime of aggravated manslaughter in the
4 first degree as defined in section 125.22 of this chapter;
5 (b) For a class C felony, the term must be at least [three and one-
6 half years] one year and must not exceed fifteen years, provided, howev-
7 er, that the term [must be]: (i) [at least seven years and] must not
8 exceed twenty years where the sentence is for the crime of aggravated
9 manslaughter in the second degree as defined in section 125.21 of this
10 chapter; (ii) [at least seven years and] must not exceed twenty years
11 where the sentence is for the crime of attempted aggravated assault upon
12 a police officer or peace officer as defined in section 120.11 of this
13 chapter; (iii) [at least three and one-half years and] must not exceed
14 twenty years where the sentence is for the crime of aggravated criminal-
15 ly negligent homicide as defined in section 125.11 of this chapter; and
16 (iv) [at least five years and] must not exceed fifteen years where the
17 sentence is imposed for the crime of aggravated criminal possession of a
18 weapon as defined in section 265.19 of this chapter;
19 (c) For a class D felony, the term must be at least [two years] one
20 year and must not exceed seven years, provided, however, that the term
21 [must be]: (i) [at least two years and] must not exceed eight years
22 where the sentence is for the crime of menacing a police officer or
23 peace officer as defined in section 120.18 of this chapter; and (ii) [at
24 least three and one-half years and] must not exceed seven years where
25 the sentence is imposed for the crime of criminal possession of a weapon
26 in the third degree as defined in subdivision ten of section 265.02 of
27 this chapter; and
28 (d) For a class E felony, the term must be at least one [and one-half
29 years] year and must not exceed four years.
30 § 9. Sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07, 70.08 and
31 70.10 of the penal law are REPEALED.
32 § 10. Subdivisions 1 and 3 of section 70.05 of the penal law, subdivi-
33 sion 1 as amended by chapter 615 of the laws of 1984, subdivision 3 as
34 added by chapter 481 of the laws of 1978, paragraph (a) of subdivision 3
35 as amended by chapter 174 of the laws of 2003 and paragraph (c) of
36 subdivision 3 as amended by chapter 435 of the laws of 1998, are amended
37 to read as follows:
38 1. Indeterminate sentence. A sentence of imprisonment for a felony
39 committed by a juvenile offender shall be fixed by the court. If a court
40 finds that a sentence of imprisonment of more than one year is the mini-
41 mum term of imprisonment necessary to achieve the goals of sentencing,
42 the court shall impose an indeterminate sentence. When such a sentence
43 is imposed, the court shall impose a maximum term in accordance with the
44 provisions of subdivision two of this section and the minimum period of
45 imprisonment shall be as provided in subdivision three of this section.
46 The court shall further provide that where a juvenile offender is under
47 placement pursuant to article three of the family court act, any
48 sentence imposed pursuant to this section which is to be served consec-
49 utively with such placement shall be served in a facility designated
50 pursuant to subdivision four of section 70.20 of this article prior to
51 service of the placement in any previously designated facility.
52 3. Minimum period of imprisonment. The court may impose a definite
53 sentence of imprisonment and fix a term of less than one year. The mini-
54 mum period of imprisonment under an indeterminate sentence for a juve-
55 nile offender shall be not less than one year nor more than one-third of
56 the maximum term imposed and specified in the sentence as follows:
S. 1209 7
1 (a) For the class A felony of murder in the second degree, the minimum
2 period of imprisonment shall be fixed by the court and shall [be not
3 less than five years but shall] not exceed nine years provided, however,
4 that where the sentence is for an offense specified in subdivision one
5 or two of section 125.25 of this chapter and the defendant was fourteen
6 or fifteen years old at the time of such offense, the minimum period of
7 imprisonment shall [be not less than seven and one-half years but shall]
8 not exceed fifteen years;
9 (b) For the class A felony of arson in the first degree, or for the
10 class A felony of kidnapping in the first degree, the minimum period of
11 imprisonment shall be fixed by the court and shall [be not less than
12 four years but shall] not exceed six years; and
13 (c) For a class B, C or D felony, the minimum period of imprisonment
14 shall be fixed by the court at one-third of the maximum term imposed.
15 § 11. Paragraph (c) of subdivision 1-a of section 70.15 of the penal
16 law, as added by section 2 of part OO of chapter 55 of the laws of 2019,
17 is amended to read as follows:
18 (c) Any sentence for a misdemeanor conviction imposed prior to the
19 effective date of this subdivision that is a definite sentence of impri-
20 sonment of one year, or three hundred sixty-five days, shall, by opera-
21 tion of law, be changed to, mean and be interpreted and applied as a
22 sentence of three hundred sixty-four days. In addition to any other
23 right of a person to obtain a record of a proceeding against [him or
24 her] them, [a person so sentenced prior to the effective date of this
25 subdivision shall be entitled to obtain, from] the criminal court or the
26 clerk thereof, shall not issue a certificate of conviction, as described
27 in subdivision one of section 60.60 of the criminal procedure law,
28 setting forth [such sentence as the sentence specified in this para-
29 graph] sentences of one year. The criminal court or clerk thereof shall
30 only issue certificates of conviction setting forth sentences of three
31 hundred sixty-four days or less. The court shall implement this
32 provision within ninety days of the effective date of the chapter of the
33 laws of two thousand twenty-three that amended this paragraph.
34 § 12. Paragraph (a) of subdivision 1 of section 70.20 of the penal
35 law, as amended by section 124 of subpart B of part C of chapter 62 of
36 the laws of 2011, is amended to read as follows:
37 (a) Indeterminate or determinate sentence. Except as provided in
38 subdivision four of this section, when an indeterminate or determinate
39 sentence of imprisonment is imposed, the court shall commit the defend-
40 ant to the custody of the state department of corrections and community
41 supervision for the term of [his or her] their sentence and until
42 released in accordance with the law[; provided, however, that a defend-
43 ant sentenced pursuant to subdivision seven of section 70.06 shall be
44 committed to the custody of the state department of corrections and
45 community supervision for immediate delivery to a reception center oper-
46 ated by the department].
47 § 13. Section 70.25 of the penal law, subdivision 1 as amended and
48 subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a)
49 of subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of subdi-
50 vision 5 as amended by chapter 3 of the laws of 1995, subdivision 2 as
51 amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by
52 chapter 495 of the laws of 2009, subdivisions 2-c and 2-d as added by
53 chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122
54 of the laws of 1996, subdivision 2-f as added by chapter 1 of the laws
55 of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and
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1 subdivision 4 as added by chapter 782 of the laws of 1975, is amended to
2 read as follows:
3 § 70.25 Concurrent and consecutive terms of imprisonment.
4 1. Except as provided in [subdivisions] subdivision two[, two-a and
5 five] of this section, when multiple sentences of imprisonment are
6 imposed on a person at the same time, or when a person who is subject to
7 any undischarged term of imprisonment imposed at a previous time by a
8 court of this state is sentenced to an additional term of imprisonment,
9 the sentence or sentences imposed by the court shall run either concur-
10 rently or consecutively with respect to each other and the undischarged
11 term or terms in such manner as the court directs at the time of
12 sentence. If the court does not specify the manner in which a sentence
13 imposed by it is to run, the sentence shall run as follows:
14 (a) An indeterminate or determinate sentence shall run concurrently
15 with all other terms; and
16 (b) A definite sentence shall run concurrently with [any sentence
17 imposed at the same time and shall be consecutive to any other term] all
18 other terms.
19 2. When more than one sentence of imprisonment is imposed on a person
20 for two or more offenses committed through a single act or omission, or
21 through an act or omission which in itself constituted one of the
22 offenses and also was a material element of the other, the sentences,
23 except if one or more of such sentences is for a violation of section
24 270.20 of this chapter, must run concurrently.
25 [2-a. When an indeterminate or determinate sentence of imprisonment is
26 imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10, subdivi-
27 sion three or four of section 70.70, subdivision three or four of
28 section 70.71 or subdivision five of section 70.80 of this article, or
29 is imposed for a class A-I felony pursuant to section 70.00 of this
30 article, and such person is subject to an undischarged indeterminate or
31 determinate sentence of imprisonment imposed prior to the date on which
32 the present crime was committed, the court must impose a sentence to run
33 consecutively with respect to such undischarged sentence.
34 2-b. When a person is convicted of a violent felony offense committed
35 after arraignment and while released on recognizance or bail, but
36 committed prior to the imposition of sentence on a pending felony
37 charge, and if an indeterminate or determinate sentence of imprisonment
38 is imposed in each case, such sentences shall run consecutively.
39 Provided, however, that the court may, in the interest of justice, order
40 a sentence to run concurrently in a situation where consecutive
41 sentences are required by this subdivision if it finds either mitigating
42 circumstances that bear directly upon the manner in which the crime was
43 committed or, where the defendant was not the sole participant in the
44 crime, the defendant's participation was relatively minor although not
45 so minor as to constitute a defense to the prosecution. The defendant
46 and the district attorney shall have an opportunity to present relevant
47 information to assist the court in making this determination and the
48 court may, in its discretion, conduct a hearing with respect to any
49 issue bearing upon such determination. If the court determines that
50 consecutive sentences should not be ordered, it shall make a statement
51 on the record of the facts and circumstances upon which such determi-
52 nation is based.
53 2-c. When a person is convicted of bail jumping in the second degree
54 as defined in section 215.56 or bail jumping in the first degree as
55 defined in section 215.57 committed after arraignment and while released
56 on recognizance or bail in connection with a pending indictment or
S. 1209 9
1 information charging one or more felonies, at least one of which he is
2 subsequently convicted, and if an indeterminate sentence of imprisonment
3 is imposed in each case, such sentences shall run consecutively.
4 Provided, however, that the court may, in the interest of justice, order
5 a sentence to run concurrently in a situation where consecutive
6 sentences are required by this subdivision if it finds mitigating
7 circumstances that bear directly upon the manner in which the crime was
8 committed. The defendant and the district attorney shall have an oppor-
9 tunity to present relevant information to assist the court in making
10 this determination and the court may, in its discretion, conduct a hear-
11 ing with respect to any issue bearing upon such determination. If the
12 court determines that consecutive sentences should not be ordered, it
13 shall make a statement on the record of the facts and circumstances upon
14 which such determination is based.
15 2-d. When a person is convicted of escape in the second degree as
16 defined in section 205.10 or escape in the first degree as defined in
17 section 205.15 committed after issuance of a securing order, as defined
18 in subdivision five of section 500.10 of the criminal procedure law, in
19 connection with a pending indictment or information charging one or more
20 felonies, at least one of which he is subsequently convicted, and if an
21 indeterminate sentence of imprisonment is imposed in each case, such
22 sentences shall run consecutively. Provided, however, that the court
23 may, in the interest of justice, order a sentence to run concurrently in
24 a situation where consecutive sentences are required by this subdivision
25 if it finds mitigating circumstances that bear directly upon the manner
26 in which the crime was committed. The defendant and the district attor-
27 ney shall have an opportunity to present relevant information to assist
28 the court in making this determination and the court may, in its
29 discretion, conduct a hearing with respect to any issue bearing upon
30 such determination. If the court determines that consecutive sentences
31 should not be ordered, it shall make a statement on the record of the
32 facts and circumstances upon which such determination is based.
33 2-e.] 2-a. Whenever a person is convicted of course of sexual conduct
34 against a child in the first degree as defined in section 130.75 or
35 course of sexual conduct against a child in the second degree as defined
36 in section 130.80 and any other crime under article one hundred thirty
37 committed against the same child and within the period charged under
38 section 130.75 or 130.80, the sentences must run concurrently.
39 [2-f.] 2-b. Whenever a person is convicted of facilitating a sex
40 offense with a controlled substance as defined in section 130.90 of this
41 chapter, the sentence imposed by the court for such offense may be
42 ordered to run consecutively to any sentence imposed upon conviction of
43 an offense defined in article one hundred thirty of this chapter arising
44 from the same criminal transaction.
45 [2-g.] 2-c. Whenever a person is convicted of unlawful manufacture of
46 methamphetamine in the third degree as defined in section 220.73 of this
47 chapter, unlawful manufacture of methamphetamine in the second degree as
48 defined in section 220.74 of this chapter, or unlawful manufacture of
49 methamphetamine in the first degree as defined in section 220.75 of this
50 chapter, or any attempt to commit any of such offenses, and such person
51 is also convicted, with respect to such unlawful methamphetamine labora-
52 tory, of unlawful disposal of methamphetamine laboratory material as
53 defined in section 220.76 of this chapter, the sentences must run
54 concurrently.
55 3. Where consecutive definite sentences of imprisonment are not
56 prohibited by subdivision two of this section and are imposed on a
S. 1209 10
1 person for offenses which were committed as parts of a single incident
2 or transaction, the aggregate of the terms of such sentences shall not
3 exceed one year.
4 4. When a person, who is subject to any undischarged term of imprison-
5 ment imposed at a previous time by a court of another jurisdiction, is
6 sentenced to an additional term or terms of imprisonment by a court of
7 this state, the sentence or sentences imposed by the court of this
8 state, subject to the provisions of subdivisions one, two and three of
9 this section, shall run either concurrently or consecutively with
10 respect to such undischarged term in such manner as the court directs at
11 the time of sentence. If the court of this state does not specify the
12 manner in which a sentence imposed by it is to run, the sentence or
13 sentences shall run [consecutively] concurrently.
14 [5. (a) Except as provided in paragraph (c) of this subdivision, when
15 a person is convicted of assault in the second degree, as defined in
16 subdivision seven of section 120.05 of this chapter, any definite, inde-
17 terminate or determinate term of imprisonment which may be imposed as a
18 sentence upon such conviction shall run consecutively to any undisc-
19 harged term of imprisonment to which the defendant was subject and for
20 which he was confined at the time of the assault.
21 (b) Except as provided in paragraph (c) of this subdivision, when a
22 person is convicted of assault in the second degree, as defined in
23 subdivision seven of section 120.05 of this chapter, any definite, inde-
24 terminate or determinate term of imprisonment which may be imposed as a
25 sentence upon such conviction shall run consecutively to any term of
26 imprisonment which was previously imposed or which may be prospectively
27 imposed where the person was confined within a detention facility at the
28 time of the assault upon a charge which culminated in such sentence of
29 imprisonment.
30 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this
31 subdivision, a term of imprisonment imposed upon a conviction to assault
32 in the second degree as defined in subdivision seven of section 120.05
33 of this chapter may run concurrently to any other term of imprisonment,
34 in the interest of justice, provided the court sets forth in the record
35 its reasons for imposing a concurrent sentence. Nothing in this section
36 shall require the imposition of a sentence of imprisonment where it is
37 not otherwise required by law.]
38 § 14. Paragraphs (a) and (f) of subdivision 1 and the opening para-
39 graph of subdivision 3 of section 70.30 of the penal law, paragraph (a)
40 of subdivision 1 as amended by chapter 3 of the laws of 1995, paragraph
41 (f) of subdivision 1 as added by chapter 481 of the laws of 1978 and as
42 relettered by chapter 3 of the laws of 1995, and the opening paragraph
43 of subdivision 3 as amended by chapter 1 of the laws of 1998, are
44 amended to read as follows:
45 (a) If the sentences run concurrently, the time served under imprison-
46 ment on any of the sentences shall be credited against the minimum and
47 maximum periods of all the concurrent indeterminate sentences and
48 against the terms of all the concurrent determinate sentences. The maxi-
49 mum term or terms of the indeterminate sentences and the term or terms
50 of the determinate sentences shall merge in and be satisfied by
51 discharge of the term which has the longest unexpired time to run;
52 (f) The aggregate maximum term of consecutive sentences imposed upon a
53 juvenile offender for two or more crimes, not including a class A felo-
54 ny, committed before [he has] they have reached the age of sixteen,
55 shall, if it exceeds ten years, be deemed to be ten years. If consec-
56 utive indeterminate sentences imposed upon a juvenile offender include a
S. 1209 11
1 sentence for the class A felony of arson in the first degree or for the
2 class A felony of kidnapping in the first degree, then the aggregate
3 maximum term of such sentences shall, if it exceeds fifteen years, be
4 deemed to be fifteen years. Where the aggregate maximum term of two or
5 more consecutive sentences is reduced by a calculation made pursuant to
6 this paragraph, the aggregate minimum period of imprisonment, if it
7 exceeds [one-half] one-third of the aggregate maximum term as so
8 reduced, shall be deemed to be [one-half] one-third of the aggregate
9 maximum term as so reduced.
10 The term of a definite sentence, a determinate sentence, or the maxi-
11 mum term of an indeterminate sentence imposed on a person shall be cred-
12 ited with and diminished by the amount of time the person spent in
13 custody prior to the commencement of such sentence as a result of [the]
14 any pending charge [that culminated in the sentence]. In the case of an
15 indeterminate sentence, if the minimum period of imprisonment has been
16 fixed by the court or by the board of parole, the credit shall also be
17 applied against the minimum period. The credit herein provided shall be
18 calculated from the date custody under the charge commenced to the date
19 the sentence commences and shall not include any time that is credited
20 against the term or maximum term of any previously imposed sentence or
21 period of post-release supervision to which the person is subject.
22 Provided, however, that when a person is subject to an undischarged term
23 of imprisonment or post-release supervision following parole release,
24 presumptive release or conditional release from an indeterminate
25 sentence, or conditional release or maximum expiration of a determinate
26 sentence, and is held in pretrial custody in a local correctional facil-
27 ity on a new charge or charges that culminate in an indeterminate or
28 determinate term of imprisonment, the time spent in pre-trial custody in
29 a local correctional facility on such charge or charges, from the date
30 custody commenced to the date of commencement of the subsequently
31 imposed indeterminate or determinate sentence, shall be credited as jail
32 time; and provided further that when jail time is credited in such
33 manner the time spent in pre-trial custody shall not be credited to the
34 previously imposed sentence to which the person is subject. Where the
35 charge or charges culminate in more than one sentence, the credit shall
36 be applied as follows:
37 § 15. Section 10 of chapter 339 of the laws of 1972, amending the
38 correction law and the penal law relating to inmate work release,
39 furlough and leave, as amended by section 6 of part A of chapter 55 of
40 the laws of 2023, is amended to read as follows:
41 § 10. This act shall take effect 30 days after it shall have become a
42 law [and]; provided that sections one through eight of this act shall
43 remain in effect until September 1, 2025[,]; and provided further that
44 the commissioner of correctional services shall report each January
45 first, and July first, to the [chairman] chair of the senate crime
46 victims, crime and correction committee, the senate codes committee, the
47 assembly correction committee, and the assembly codes committee, the
48 number of eligible [inmates] incarcerated individuals in each facility
49 under the custody and control of the commissioner who have applied for
50 participation in any program offered under the provisions of work
51 release, furlough, or leave, and the number of such [inmates] incarcer-
52 ated individuals who have been approved for participation.
53 § 16. Section 70.35 of the penal law, as amended by section 127-a of
54 subpart B of part C of chapter 62 of the laws of 2011, is amended to
55 read as follows:
S. 1209 12
1 § 70.35 Merger of certain definite and indeterminate or determinate
2 sentences.
3 The service of an indeterminate or determinate sentence of imprison-
4 ment shall satisfy any definite sentence of imprisonment imposed on a
5 person for an offense committed prior to the time the indeterminate or
6 determinate sentence was imposed, [except as provided in paragraph (b)
7 of subdivision five of section 70.25 of this article]. A person who is
8 serving a definite sentence at the time an indeterminate or determinate
9 sentence is imposed shall be delivered to the custody of the state
10 department of corrections and community supervision to commence service
11 of the indeterminate or determinate sentence immediately [unless the
12 person is serving a definite sentence pursuant to paragraph (b) of
13 subdivision five of section 70.25 of this article]. In any case where
14 the indeterminate or determinate sentence is revoked or vacated, the
15 person shall receive credit against the definite sentence for each day
16 spent in the custody of the state department of corrections and communi-
17 ty supervision.
18 § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
19 laws of 1997, amending the military law and other laws relating to vari-
20 ous provisions, as amended by section 13 of part A of chapter 55 of the
21 laws of 2023, is amended to read as follows:
22 a. sections forty-three through [forty-five] forty-four of this act
23 shall expire and be deemed repealed on September 1, 2025;
24 § 18. Subdivisions (f), (g) and (h) of section 15 of part E of chapter
25 62 of the laws of 2003, amending the correction law and other laws
26 relating to various provisions, are amended to read as follows:
27 (f) the amendments made to subdivision 2 of section 259-c of the exec-
28 utive law made by section seven of this act shall not affect the expira-
29 tion of such subdivision and shall be deemed to expire therewith; and
30 (g) the amendments to paragraph (a) of subdivision 2 and subparagraph
31 (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i
32 of the executive law made by section eleven of this act shall not affect
33 the expiration of such paragraph (a) of subdivision 2, such subparagraph
34 (i) of paragraph (a) and such paragraph (d) of subdivision 3 and shall
35 be deemed to expire therewith[; and
36 (h) paragraph (c) of subdivision 1 of section 70.40 of the penal law
37 as added by section thirteen of this act shall expire and be deemed
38 repealed on the same date as subdivision 6 of section 76 of chapter 435
39 of the laws of 1997, as amended].
40 § 19. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law,
41 subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision
42 2 as amended and subdivision 2-a as added by chapter 7 of the laws of
43 2007, paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 as
44 amended by chapter 31 of the laws of 2019, and subdivision 3 as added by
45 chapter 1 of the laws of 1998, are amended to read as follows:
46 1. In general. When a court imposes a determinate sentence it shall in
47 each case state not only the term of imprisonment, but also an addi-
48 tional period of post-release supervision as determined pursuant to this
49 article. Such period shall commence as provided in subdivision five of
50 this section and a violation of any condition of supervision occurring
51 at any time during such period of post-release supervision shall subject
52 the defendant to a further period of imprisonment up to the balance of
53 the remaining period of post-release supervision, not to exceed five
54 years; provided, however, that a defendant serving a term of post-re-
55 lease supervision for a conviction of a felony sex offense, as defined
56 in section 70.80 of this article, may be subject to a further period of
S. 1209 13
1 imprisonment up to the balance of the remaining period of post-release
2 supervision. Notwithstanding any other provision of law to the contra-
3 ry, no person serving a period of post-release supervision shall be
4 confined in a correctional facility, including a residential treatment
5 facility as defined in subdivision six of section two of the correction
6 law, except following a revocation hearing as set forth in section two
7 hundred fifty-nine-i of the executive law. Such maximum limits shall not
8 preclude a longer period of further imprisonment for a violation where
9 the defendant is subject to indeterminate and determinate sentences.
10 2. Period of post-release supervision for other than felony sex
11 offenses. The period of post-release supervision for a determinate
12 sentence, other than a determinate sentence imposed for a felony sex
13 offense as defined in paragraph (a) of subdivision one of section 70.80
14 of this article, shall [be] not exceed five years except that:
15 (a) such period shall [be] not exceed one year whenever a determinate
16 sentence of imprisonment is imposed pursuant to subdivision two of
17 section 70.70 of this article or subdivision nine of section 60.12 of
18 this title upon a conviction of a class D or class E felony offense;
19 (b) such period shall be not [less than one year nor] more than two
20 years whenever a determinate sentence of imprisonment is imposed pursu-
21 ant to subdivision two of section 70.70 of this article or subdivision
22 nine of section 60.12 of this title upon a conviction of a class B or
23 class C felony offense;
24 (c) such period shall be not [less than one year nor] more than two
25 years whenever a determinate sentence of imprisonment is imposed pursu-
26 ant to [subdivision three or four of section 70.70 of this article upon
27 conviction of a class D or class E felony offense or] subdivision ten of
28 section 60.12 of this title;
29 (d) such period shall be not [less than one and one-half years nor]
30 more than three years whenever a determinate sentence of imprisonment is
31 imposed pursuant to [subdivision three or four of section 70.70 of this
32 article upon conviction of a class B felony or class C felony offense
33 or] subdivision eleven of section 60.12 of this title;
34 (e) such period shall be not [less than one and one-half years nor]
35 more than three years whenever a determinate sentence of imprisonment is
36 imposed pursuant to subdivision [three] two of section 70.02 of this
37 article or subdivision two or eight of section 60.12 of this title upon
38 a conviction of a class D or class E violent felony offense or subdivi-
39 sion four, five, six, or seven of section 60.12 of this title;
40 (f) such period shall be not [less than two and one-half years nor]
41 more than five years whenever a determinate sentence of imprisonment is
42 imposed pursuant to subdivision [three] two of section 70.02 of this
43 article or subdivision two or eight of section 60.12 of this title upon
44 a conviction of a class B or class C violent felony offense.
45 2-a. Periods of post-release supervision for felony sex offenses. The
46 period of post-release supervision for a determinate sentence imposed
47 for a felony sex offense as defined in paragraph (a) of subdivision one
48 of section 70.80 of this article shall be as follows:
49 (a) not [less than three years nor] more than ten years whenever a
50 determinate sentence of imprisonment is imposed pursuant to subdivision
51 four of section 70.80 of this article upon a conviction of a class D or
52 class E felony sex offense;
53 (b) not [less than five years nor] more than fifteen years whenever a
54 determinate sentence of imprisonment is imposed pursuant to subdivision
55 four of section 70.80 of this article upon a conviction of a class C
56 felony sex offense;
S. 1209 14
1 (c) not [less than five years nor] more than twenty 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 B
4 felony sex offense;
5 (d) not [less than three years nor] more than ten years whenever a
6 determinate sentence is imposed pursuant to subdivision [three] two of
7 section 70.02 of this article upon a conviction of a class D or class E
8 violent felony sex offense as defined in paragraph (b) of subdivision
9 one of section 70.80 of this article;
10 (e) not [less than five years nor] more than fifteen years whenever a
11 determinate sentence is imposed pursuant to subdivision [three] two of
12 section 70.02 of this article upon a conviction of a class C violent
13 felony sex offense as defined in section 70.80 of this article;
14 (f) not [less than five years nor] more than twenty 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 B violent
17 felony sex offense as defined in section 70.80 of this article;
18 (g) not [less than five years nor] more than fifteen years whenever a
19 determinate sentence of imprisonment is imposed pursuant to [either
20 section 70.04, section 70.06, or subdivision five of] section 70.80 of
21 this article upon a conviction of a class D or class E violent or non-
22 violent felony sex offense as defined in section 70.80 of this article;
23 (h) not [less than seven years nor] more than twenty years whenever a
24 determinate sentence of imprisonment is imposed pursuant to [either
25 section 70.04, section 70.06, or subdivision five of] section 70.80 of
26 this article upon a conviction of a class C violent or non-violent felo-
27 ny sex offense as defined in section 70.80 of this article; and
28 (i) such period shall be not [less than ten years nor] more than twen-
29 ty-five years whenever a determinate sentence of imprisonment is imposed
30 pursuant to [either section 70.04, section 70.06, or subdivision five
31 of] section 70.80 of this article upon a conviction of a class B violent
32 or non-violent felony sex offense as defined in section 70.80 of this
33 article[; and
34 (j) such period shall be not less than ten years nor more than twenty
35 years whenever any determinate sentence of imprisonment is imposed
36 pursuant to subdivision four of section 70.07 of this article].
37 3. Conditions of post-release supervision. The board of parole shall
38 establish and impose conditions of post-release supervision in the same
39 manner and to the same extent as it may establish and impose conditions
40 in accordance with the executive law upon persons who are granted parole
41 or conditional release[; provided that, notwithstanding any other
42 provision of law, the board of parole may impose as a condition of post-
43 release supervision that for a period not exceeding six months imme-
44 diately following release from the underlying term of imprisonment the
45 person be transferred to and participate in the programs of a residen-
46 tial treatment facility as that term is defined in subdivision six of
47 section two of the correction law]. Upon release from the underlying
48 term of imprisonment, the person shall be furnished with a written
49 statement setting forth the conditions of post-release supervision in
50 sufficient detail to provide for the person's conduct and supervision.
51 § 20. Subdivisions 1 and 2 of section 70.70 of the penal law, as added
52 by chapter 738 of the laws of 2004, paragraphs (a) and (b) of subdivi-
53 sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter
54 92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision
55 2 as amended by section 21 and paragraph (d) of subdivision 2 as added
S. 1209 15
1 by section 23 of part AAA of chapter 56 of the laws of 2009, are amended
2 to read as follows:
3 1. For the purposes of this section, [the following terms shall mean:
4 (a) "Felony] "felony drug offender" means a defendant who stands
5 convicted of any felony, defined in article two hundred twenty or two
6 hundred twenty-two of this chapter other than a class A felony.
7 [(b) "Second felony drug offender" means a second felony offender as
8 that term is defined in subdivision one of section 70.06 of this arti-
9 cle, who stands convicted of any felony, defined in article two hundred
10 twenty or two hundred twenty-two of this chapter other than a class A
11 felony.
12 (c) "Violent felony" shall have the same meaning as that term is
13 defined in subdivision one of section 70.02 of this article.]
14 2. [Except as provided in subdivision three or four of this section,
15 a] (a) Term of sentence. The term of sentence [of imprisonment] for a
16 felony drug offender shall be fixed by the court. The court may impose a
17 definite sentence of imprisonment and fix a term of less than one year.
18 If a court finds that a sentence of imprisonment of more than one year
19 is the minimum term of imprisonment necessary to achieve the goals of
20 sentencing, the court shall impose a determinate sentence as provided in
21 paragraph [(a)] (b) of this subdivision.
22 [(a)] (b) Term of determinate sentence. [Except as provided in para-
23 graph (b) or (c) of this subdivision, the court shall impose a] A deter-
24 minate term of imprisonment [upon a felony drug offender which] shall be
25 imposed by the court in whole or half years, which shall include as a
26 part thereof a period of post-release supervision in accordance with
27 section 70.45 of this article. The terms of imprisonment authorized for
28 such determinate sentences are as follows:
29 (i) for a class B felony, the term shall [be at least one year and
30 shall] not exceed nine years[, except that for the class B felony of
31 criminal sale of a controlled substance in or near school grounds as
32 defined in subdivision two of section 220.44 of this chapter or on a
33 school bus as defined in subdivision seventeen of section 220.00 of this
34 chapter or criminal sale of a controlled substance to a child as defined
35 in section 220.48 of this chapter, the term shall be at least two years
36 and shall not exceed nine years];
37 (ii) for a class C felony, the term shall [be at least one year and
38 shall] not exceed five and one-half years;
39 (iii) for a class D felony, the term shall [be at least one year and
40 shall] not exceed two and one-half years; and
41 (iv) for a class E felony, the term shall [be at least one year and
42 shall] not exceed one and one-half years.
43 [(b) Probation. Notwithstanding any other provision of law, the court
44 may sentence a defendant convicted of a class B, class C, class D or
45 class E felony offense defined in article two hundred twenty or two
46 hundred twenty-two of this chapter to probation in accordance with the
47 provisions of sections 60.04 and 65.00 of this chapter.
48 (c) Alternative definite sentence for class B, class C, class D, and
49 class E felonies. If the court, having regard to the nature and circum-
50 stances of the crime and to the history and character of the defendant,
51 is of the opinion that a sentence of imprisonment is necessary but that
52 it would be unduly harsh to impose a determinate sentence upon a person
53 convicted of a class C, class D or class E felony offense defined in
54 article two hundred twenty or two hundred twenty-two of this chapter, or
55 a class B felony defined in article two hundred twenty of this chapter,
56 other than the class B felony defined in section 220.48 of this chapter,
S. 1209 16
1 as added by a chapter of the laws of two thousand nine the court may
2 impose a definite sentence of imprisonment and fix a term of one year or
3 less.
4 (d) The court may direct that a determinate sentence imposed on a
5 defendant convicted of a class B felony, other than the class B felony
6 defined in section 220.48 of this chapter, pursuant to this subdivision
7 be executed as a sentence of parole supervision in accordance with
8 section 410.91 of the criminal procedure law.]
9 § 21. Subdivisions 3 and 4 of section 70.70 of the penal law are
10 REPEALED.
11 § 22. Section 70.71 of the penal law, as added by chapter 738 of the
12 laws of 2004, paragraph (a) of subdivision 2 as amended and subdivision
13 5 as added by section 26 of part AAA of chapter 56 of the laws of 2009,
14 is amended to read as follows:
15 § 70.71 Sentence of imprisonment for a class A felony drug offender.
16 1. For the purposes of this section, the following terms shall mean:
17 (a) "Felony drug offender" means a defendant who stands convicted of
18 any class A felony as defined in article two hundred twenty of this
19 chapter.
20 (b) ["Second felony drug offender" means a second felony offender as
21 that term is defined in subdivision one of section 70.06 of this arti-
22 cle, who stands convicted of and is to be sentenced for any class A
23 felony as defined in article two hundred twenty of this chapter.
24 (c)] "Violent felony offense" shall have the same meaning as that term
25 is defined in subdivision one of section 70.02 of this article.
26 2. Sentence of imprisonment for a first felony drug offender.
27 (a) Applicability. Except as provided in subdivision three[, four or
28 five] of this section, this subdivision shall apply to a person
29 convicted of a class A felony as defined in article two hundred twenty
30 of this chapter.
31 (b) Authorized sentence. The term of sentence shall be fixed by the
32 court. The court may impose a definite sentence of imprisonment and fix
33 a term of less than one year. If a court finds that a sentence of impri-
34 sonment is the minimum term of imprisonment necessary to achieve the
35 goals of sentencing, the court shall impose a determinate term of impri-
36 sonment which shall be imposed by the court in whole or half years and
37 which shall include as a part thereof a period of post-release super-
38 vision in accordance with section 70.45 of this article. The terms
39 authorized for such determinate sentences are as follows:
40 (i) for a class A-I felony, the term shall [be at least eight years
41 and shall] not exceed twenty years;
42 (ii) for a class A-II felony, the term shall [be at least three years
43 and shall] not exceed ten years.
44 [(c) Lifetime probation. Notwithstanding any other provision of law,
45 the court may sentence a defendant convicted of a class A-II felony
46 defined in article two hundred twenty of this chapter to lifetime
47 probation in accordance with the provisions of section 65.00 of this
48 chapter.]
49 3. [Sentence of imprisonment for a second felony drug offender.
50 (a) Applicability. This subdivision shall apply to a second felony
51 drug offender whose prior felony conviction or convictions did not
52 include one or more violent felony offenses.
53 (b) Authorized sentence. When the court has found pursuant to the
54 provisions of section 400.21 of the criminal procedure law that a
55 defendant is a second felony drug offender who stands convicted of a
56 class A felony as defined in article two hundred twenty or two hundred
S. 1209 17
1 twenty-one of this chapter, the court shall impose a determinate
2 sentence of imprisonment. Such determinate sentence shall include as a
3 part thereof a period of post-release supervision in accordance with
4 section 70.45 of this article. Such determinate sentence shall be
5 imposed by the court in whole or half years as follows:
6 (i) for a class A-I felony, the term shall be at least twelve years
7 and shall not exceed twenty-four years;
8 (ii) for a class A-II felony, the term shall be at least six years and
9 shall not exceed fourteen years.
10 (c) Lifetime probation. Notwithstanding any other provision of law,
11 the court may sentence a defendant convicted of a class A-II felony
12 defined in article two hundred twenty of this chapter to lifetime
13 probation in accordance with the provisions of section 65.00 of this
14 chapter.
15 4. Sentence of imprisonment for a second felony drug offender previ-
16 ously convicted of a violent felony offense.
17 (a) Applicability. This subdivision shall apply to a second felony
18 drug offender whose prior felony conviction was a violent felony.
19 (b) Authorized sentence. When the court has found pursuant to the
20 provisions of section 400.21 of the criminal procedure law that a
21 defendant is a second felony drug offender whose prior felony conviction
22 was a violent felony, who stands convicted of a class A felony as
23 defined in article two hundred twenty or two hundred twenty-one of this
24 chapter, the court shall impose a determinate sentence of imprisonment.
25 Such determinate sentence shall include as a part thereof a period of
26 post-release supervision in accordance with section 70.45 of this arti-
27 cle. Such determinate sentence shall be imposed by the court in whole or
28 half years as follows:
29 (i) for a class A-I felony, the term shall be at least fifteen years
30 and shall not exceed thirty years;
31 (ii) for a class A-II felony, the term shall be at least eight years
32 and shall not exceed seventeen years.
33 5.] Sentence of imprisonment for operating as a major trafficker.
34 (a) Applicability. This subdivision shall apply to a person convicted
35 of the class A-I felony of operating as a major trafficker as defined in
36 section 220.77 of this chapter.
37 (b) Authorized sentence. [Except as provided in paragraph (c) of this
38 subdivision, the] The term of sentence shall be fixed by the court. The
39 court may impose a definite sentence of imprisonment and fix a term of
40 less than one year. If a court finds that a sentence of imprisonment is
41 the minimum term of imprisonment necessary to achieve the goals of
42 sentencing, the court shall impose an indeterminate term of imprisonment
43 for an A-I felony, in accordance with the provisions of section 70.00 of
44 this article.
45 [(c) Alternative determinate sentence. If a defendant stands convicted
46 of violating section 220.77 of this chapter, and if the court, having
47 regard to the nature and circumstances of the crime and the history and
48 character of the defendant, is of the opinion that a sentence of impri-
49 sonment is necessary but that it would be unduly harsh to impose the
50 indeterminate sentence for a class A-I felony specified under section
51 70.00 of this article, the court may instead impose the determinate
52 sentence of imprisonment authorized by clause (i) of subparagraph (b) of
53 subdivision two of this section for a class A-I drug felony; in such
54 case, the reasons for the court's opinion shall be set forth on the
55 record.]
S. 1209 18
1 § 23. Section 70.80 of the penal law, as added by chapter 7 of the
2 laws of 2007, paragraph (a) of subdivision 1 as amended by chapter 368
3 of the laws of 2015, is amended to read as follows:
4 § 70.80 Sentences of imprisonment for conviction of a felony sex
5 offense.
6 1. Definitions. (a) For the purposes of this section, a "felony sex
7 offense" means a conviction of any felony defined in article one hundred
8 thirty of this chapter, including a sexually motivated felony, or
9 patronizing a person for prostitution in the first degree as defined in
10 section 230.06 of this chapter, patronizing a person for prostitution in
11 the second degree as defined in section 230.05 of this chapter, aggra-
12 vated patronizing a minor for prostitution in the third degree as
13 defined in section 230.11 of this chapter, aggravated patronizing a
14 minor for prostitution in the second degree as defined in section 230.12
15 of this chapter, aggravated patronizing a minor for prostitution in the
16 first degree as defined in section 230.13 of this chapter, incest in the
17 second degree as defined in section 255.26 of this chapter, or incest in
18 the first degree as defined in section 255.27 of this chapter, or a
19 felony attempt or conspiracy to commit any of the above.
20 (b) A felony sex offense shall be deemed a "violent felony sex
21 offense" if it is for an offense defined as a violent felony offense in
22 section 70.02 of this article, or for a sexually motivated felony as
23 defined in section 130.91 of this chapter where the specified offense is
24 a violent felony offense as defined in section 70.02 of this article.
25 (c) [For the purposes of this section, a "predicate felony sex offen-
26 der" means a person who stands convicted of any felony sex offense as
27 defined in paragraph (a) of this subdivision, other than a class A-I
28 felony, after having previously been subjected to one or more predicate
29 felony convictions as defined in subdivision one of section 70.06 or
30 subdivision one of section 70.04 of this article.
31 (d)] For purposes of this section, a "violent felony offense" is any
32 felony defined in subdivision one of section 70.02 of this article, and
33 a "non-violent felony offense" is any felony not defined therein.
34 2. In imposing a sentence within the authorized statutory range for
35 any felony sex offense, the court may consider all relevant factors set
36 forth in section 1.05 of this chapter, and in particular, may consider
37 the defendant's criminal history, if any, including any history of sex
38 offenses; any mental illness or mental abnormality from which the
39 defendant may suffer; the defendant's ability or inability to control
40 [his] their sexual behavior; and, if the defendant has difficulty
41 controlling such behavior, the extent to which that difficulty may pose
42 a threat to society.
43 3. Except as provided by subdivision four, five, six[,] or seven [or
44 eight] of this section, or when a defendant is being sentenced for a
45 conviction of the class A-II felonies of predatory sexual assault and
46 predatory sexual assault against a child as defined in sections 130.95
47 and 130.96 of this chapter, or for any class A-I sexually motivated
48 felony for which a life sentence or a life without parole sentence
49 [must] may be imposed, a sentence imposed upon a defendant convicted of
50 a felony sex offense shall 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 is the minimum
53 term of imprisonment necessary to achieve the goals of sentencing, the
54 court shall impose a determinate sentence. The determinate sentence
55 shall be imposed by the court in whole or half years, and shall include
56 as a part thereof a period of post-release supervision in accordance
S. 1209 19
1 with subdivision two-a of section 70.45 of this article. [Persons eligi-
2 ble for sentencing under section 70.07 of this article governing second
3 child sexual assault felonies shall be sentenced under such section and
4 paragraph (j) of subdivision two-a of section 70.45 of this article.]
5 4. [(a)] Sentences of imprisonment for felony sex offenses. Except as
6 provided in subdivision five, six[,] or seven[, or eight] of this
7 section, the term of the determinate sentence must be fixed by the court
8 as follows:
9 [(i)] (a) for a class B felony, the term must [be at least five years
10 and must] not exceed twenty-five years;
11 [(ii)] (b) for a class C felony, the term must [be at least three and
12 one-half years and must] not exceed fifteen years;
13 [(iii)] (c) for a class D felony, the term must [be at least two years
14 and must] not exceed seven years; and
15 [(iv)] (d) for a class E felony, the term must [be at least one and
16 one-half years and must] not exceed four years.
17 [(b) Probation. The court may sentence a defendant convicted of a
18 class D or class E felony sex offense to probation in accordance with
19 the provisions of section 65.00 of this title.
20 (c) Alternative definite sentences for class D and class E felony sex
21 offenses. If the court, having regard to the nature and circumstances of
22 the crime and to the history and character of the defendant, is of the
23 opinion that a sentence of imprisonment is necessary but that it would
24 be unduly harsh to impose a determinate sentence upon a person convicted
25 of a class D or class E felony sex offense, the court may impose a defi-
26 nite sentence of imprisonment and fix a term of one year or less.
27 5. Sentence of imprisonment for a predicate felony sex offender. (a)
28 Applicability. This subdivision shall apply to a predicate felony sex
29 offender who stands convicted of a non-violent felony sex offense and
30 who was previously convicted of one or more felonies.
31 (b) Non-violent predicate felony offense. When the court has found,
32 pursuant to the provisions of the criminal procedure law, that a person
33 is a predicate felony sex offender, and the person's predicate
34 conviction was for a non-violent felony offense, the court must impose a
35 determinate sentence of imprisonment, the term of which must be fixed by
36 the court as follows:
37 (i) for a class B felony, the term must be at least eight years and
38 must not exceed twenty-five years;
39 (ii) for a class C felony, the term must be at least five years and
40 must not exceed fifteen years;
41 (iii) for a class D felony, the term must be at least three years and
42 must not exceed seven years; and
43 (iv) for a class E felony, the term must be at least two years and
44 must not exceed four years.
45 (c) Violent predicate felony offense. When the court has found, pursu-
46 ant to the provisions of the criminal procedure law, that a person is a
47 predicate felony sex offender, and the person's predicate conviction was
48 for a violent felony offense, the court must impose a determinate
49 sentence of imprisonment, the term of which must be fixed by the court
50 as follows:
51 (i) for a class B felony, the term must be at least nine years and
52 must not exceed twenty-five years;
53 (ii) for a class C felony, the term must be at least six years and
54 must not exceed fifteen years;
55 (iii) for a class D felony, the term must be at least four years and
56 must not exceed seven years; and
S. 1209 20
1 (iv) for a class E felony, the term must be at least two and one-half
2 years and must not exceed four years.
3 (d) A defendant who stands convicted of a non-violent felony sex
4 offense, other than a class A-I or class A-II felony, who is adjudicated
5 a persistent felony offender under section 70.10 of this article, shall
6 be sentenced pursuant to the provisions of section 70.10 or pursuant to
7 this subdivision.
8 6.] 5. Sentence of imprisonment for a violent felony sex offense.
9 Except as provided in subdivisions six and seven [and eight] of this
10 section, a defendant who stands convicted of a violent felony sex
11 offense must be sentenced pursuant to the provisions of section 70.02[,
12 section 70.04, subdivision six of section 70.06, section 70.08, or
13 section 70.10] of this article, as applicable.
14 [7.] 6. Sentence for a class A felony sex offense. When a person
15 stands convicted of a sexually motivated felony pursuant to section
16 130.91 of this chapter and the specified offense is a class A felony,
17 the court must sentence the defendant in accordance with the provisions
18 of:
19 (a) section 60.06 of this [chapter] title and section 70.00 of this
20 article, as applicable, if such offense is a class A-I felony; and
21 (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if
22 such offense is a class A-II felony.
23 [8.] 7. Whenever a juvenile offender stands convicted of a felony sex
24 offense, [he or she] they must be sentenced pursuant to the provisions
25 of sections 60.10 and 70.05 of this [chapter] title.
26 [9.] 8. Every determinate sentence for a felony sex offense, as
27 defined in paragraph (a) of subdivision one of this section, imposed
28 pursuant to any section of this article, shall include as a part thereof
29 a period of post-release supervision in accordance with subdivision
30 two-a of section 70.45 of this article.
31 § 24. Paragraph (b) of subdivision 3 of section 60.01 of the penal
32 law, as amended by chapter 548 of the laws of 1984, is amended to read
33 as follows:
34 (b) A fine authorized by article eighty[, provided, however, that when
35 the conviction is of a class B felony or of any felony defined in arti-
36 cle two hundred twenty, the sentence shall not consist solely of a fine]
37 of this title; or
38 § 25. Subdivision 2 of section 60.02 of the penal law, as amended by
39 chapter 471 of the laws of 1980, is amended to read as follows:
40 (2) If the sentence is to be imposed upon a youthful offender finding
41 which has been substituted for a conviction for any felony, the court
42 must impose a sentence authorized to be imposed upon a person convicted
43 of a class E felony [provided, however, that the court must not impose a
44 sentence of conditional discharge or unconditional discharge if the
45 youthful offender finding was substituted for a conviction of a felony
46 defined in article two hundred twenty of this chapter].
47 § 26. Section 60.04 of the penal law, as added by chapter 738 of the
48 laws of 2004, subdivisions 3 and 5 as amended by section 17 of part AAA
49 of chapter 56 of the laws of 2009, subdivision 6 as amended by section
50 120 of subpart B of part C of chapter 62 of the laws of 2011 and subdi-
51 vision 7 as amended by chapter 322 of the laws of 2021, is amended to
52 read as follows:
53 § 60.04 Authorized disposition; controlled substances [and marihuana
54 felony] offenses.
55 1. Applicability. Notwithstanding the provisions of any law, this
56 section shall govern the dispositions authorized when a person is to be
S. 1209 21
1 sentenced upon a conviction of a felony offense defined in article two
2 hundred twenty [or two hundred twenty-one] of this chapter [or when a
3 person is to be sentenced upon a conviction of such a felony as a multi-
4 ple felony offender as defined in subdivision five of this section].
5 2. Class A felony. Every person convicted of a class A felony must be
6 sentenced [to imprisonment] in accordance with section 70.71 of this
7 title[, unless such person is convicted of a class A-II felony and is
8 sentenced to probation for life in accordance with section 65.00 of this
9 title].
10 3. Class B felonies. Every person convicted of a class B felony must
11 be sentenced [to imprisonment] in accordance with the applicable
12 provisions of section 70.70 of this [chapter, a definite sentence of
13 imprisonment with a term of one year or less or probation in accordance
14 with section 65.00 of this chapter provided, however, a person convicted
15 of criminal sale of a controlled substance to a child as defined in
16 section 220.48 of this chapter must be sentenced to a determinate
17 sentence of imprisonment in accordance with the applicable provisions of
18 section 70.70 of this chapter or to a sentence of probation in accord-
19 ance with the opening paragraph of paragraph (b) of subdivision one of
20 section 65.00 of this chapter] title.
21 4. Alternative sentence. [Where a sentence of imprisonment or a
22 sentence of probation as an alternative to imprisonment is not required
23 to be imposed pursuant to subdivision two, three or five of this
24 section, the court may impose any other sentence authorized by section
25 60.01 of this article, provided that when the court imposes a sentence
26 of imprisonment, such sentence must be in accordance with section 70.70
27 of this title.] Where the court imposes a sentence of imprisonment in
28 accordance with this section, the court may also impose a fine author-
29 ized by article eighty of this title and in such case the sentence shall
30 be both imprisonment and a fine.
31 5. [Multiple felony offender. Where the court imposes a sentence
32 pursuant to subdivision three of section 70.70 of this chapter upon a
33 second felony drug offender, as defined in paragraph (b) of subdivision
34 one of section 70.70 of this chapter, it must sentence such offender to
35 imprisonment in accordance with the applicable provisions of section
36 70.70 of this chapter, a definite sentence of imprisonment with a term
37 of one year or less, or probation in accordance with section 65.00 of
38 this chapter, provided, however, that where the court imposes a sentence
39 upon a class B second felony drug offender, it must sentence such offen-
40 der to a determinate sentence of imprisonment in accordance with the
41 applicable provisions of section 70.70 of this chapter or to a sentence
42 of probation in accordance with the opening paragraph of paragraph (b)
43 of subdivision one of section 65.00 of this chapter. When the court
44 imposes sentence on a second felony drug offender pursuant to subdivi-
45 sion four of section 70.70 of this chapter, it must impose a determinate
46 sentence of imprisonment in accordance with such subdivision.
47 6.] Substance abuse treatment. When the court imposes a sentence of
48 imprisonment which requires a commitment to the state department of
49 corrections and community supervision [upon a person who stands
50 convicted of a controlled substance or marihuana offense], the court
51 may, upon motion of the defendant in its discretion, issue an order
52 directing that the department of corrections and community supervision
53 enroll the defendant in the comprehensive alcohol and substance abuse
54 treatment program in an alcohol and substance abuse correctional annex
55 as defined in subdivision eighteen of section two of the correction law,
56 provided that the defendant will satisfy the statutory eligibility
S. 1209 22
1 criteria for participation in such program. Notwithstanding the forego-
2 ing provisions of this subdivision, any defendant to be enrolled in such
3 program pursuant to this subdivision shall be governed by the same rules
4 and regulations promulgated by the department of corrections and commu-
5 nity supervision, including without limitation those rules and regu-
6 lations establishing requirements for completion and those rules and
7 regulations governing discipline and removal from the program. No such
8 period of court ordered corrections based drug abuse treatment pursuant
9 to this subdivision shall be required to extend beyond the defendant's
10 conditional release date.
11 [7.] 6. a. Shock incarceration participation. When the court imposes a
12 sentence of imprisonment which requires a commitment to the department
13 of corrections and community supervision upon a person [who stands
14 convicted of a controlled substance or marihuana offense], upon motion
15 of the defendant, the court may issue an order directing that the
16 department of corrections and community supervision enroll the defendant
17 in the shock incarceration program as defined in article twenty-six-A of
18 the correction law, provided that the defendant is an eligible incarcer-
19 ated individual, as described in subdivision one of section eight
20 hundred sixty-five of the correction law. Notwithstanding the foregoing
21 provisions of this subdivision, any defendant to be enrolled in such
22 program pursuant to this subdivision shall be governed by the same rules
23 and regulations promulgated by the department of corrections and commu-
24 nity supervision, including without limitation those rules and regu-
25 lations establishing requirements for completion and such rules and
26 regulations governing discipline and removal from the program.
27 b. (i) In the event that an incarcerated individual designated by
28 court order for enrollment in the shock incarceration program requires a
29 degree of medical care or mental health care that cannot be provided at
30 a shock incarceration facility, the department, in writing, shall notify
31 the incarcerated individual, provide a proposal describing a proposed
32 alternative-to-shock-incarceration program, and notify [him or her that
33 he or she] them that they may object in writing to placement in such
34 alternative-to-shock-incarceration program. If the incarcerated individ-
35 ual objects in writing to placement in such alternative-to-shock-
36 incarceration program, the department of corrections and community
37 supervision shall notify the sentencing court, provide such proposal to
38 the court, and arrange for the incarcerated individual's prompt appear-
39 ance before the court. The court shall provide the proposal and notice
40 of a court appearance to the people, the incarcerated individual and the
41 appropriate defense attorney. After considering the proposal and any
42 submissions by the parties, and after a reasonable opportunity for the
43 people, the incarcerated individual and counsel to be heard, the court
44 may modify its sentencing order accordingly, notwithstanding the
45 provisions of section 430.10 of the criminal procedure law.
46 (ii) An incarcerated individual who successfully completes an alterna-
47 tive-to-shock-incarceration program within the department of corrections
48 and community supervision shall be treated in the same manner as a
49 person who has successfully completed the shock incarceration program,
50 as set forth in subdivision four of section eight hundred sixty-seven of
51 the correction law.
52 § 27. Section 60.05 of the penal law, as amended by chapter 410 of the
53 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended
54 by chapter 738 of the laws of 2004, subdivision 1 as amended by chapter
55 7 of the laws of 2007, subdivision 5 as amended by chapter 405 of the
S. 1209 23
1 laws of 2010 and subdivision 8 as amended by chapter 486 of the laws of
2 2022, is amended to read as follows:
3 § 60.05 Authorized dispositions; other class A, B, certain C and D felo-
4 nies [and multiple felony offenders].
5 1. Applicability. Except as provided in section 60.04 of this article
6 governing the authorized dispositions applicable to felony offenses
7 defined in article two hundred twenty [or two hundred twenty-one] of
8 this chapter or in section 60.13 of this article governing the author-
9 ized dispositions applicable to felony sex offenses defined in paragraph
10 (a) of subdivision one of section 70.80 of this title, this section
11 shall govern the dispositions authorized when a person is to be
12 sentenced upon a conviction of a class A felony, a class B felony or a
13 class C, class D or class E felony specified [herein, or when a person
14 is to be sentenced upon a conviction of a felony as a multiple felony
15 offender] in this section.
16 2. Class A felony. [Except as provided in subdivisions three and four
17 of section 70.06 of this chapter, every] Every person convicted of a
18 class A felony must be sentenced [to imprisonment] in accordance with
19 section 70.00 of this title[, unless such person is convicted of murder
20 in the first degree and is sentenced in accordance with section 60.06 of
21 this article].
22 3. Class B felony. [Except as provided in subdivision six of this
23 section, every] Every person convicted of a class B violent felony
24 offense as defined in subdivision one of section 70.02 of this title,
25 must be sentenced [to imprisonment] in accordance with such section
26 [70.02]; and[, except as provided in subdivision six of this section,]
27 every person convicted of any other class B felony must be sentenced [to
28 imprisonment] in accordance with section 70.00 of this title.
29 4. Certain class C felonies. [Except as provided in subdivision six,
30 every] Every person convicted of a class C violent felony offense as
31 defined in subdivision one of section 70.02 of this title, must be
32 sentenced [to imprisonment] in accordance with section 70.02 of this
33 title[; and, except as provided in subdivision six of this section,
34 every person convicted of the class C felonies of: attempt to commit any
35 of the class B felonies of bribery in the first degree as defined in
36 section 200.04, bribe receiving in the first degree as defined in
37 section 200.12, conspiracy in the second degree as defined in section
38 105.15 and criminal mischief in the first degree as defined in section
39 145.12; criminal usury in the first degree as defined in section 190.42,
40 rewarding official misconduct in the first degree as defined in section
41 200.22, receiving reward for official misconduct in the first degree as
42 defined in section 200.27, attempt to promote prostitution in the first
43 degree as defined in section 230.32, promoting prostitution in the
44 second degree as defined in section 230.30, arson in the third degree as
45 defined in section 150.10 of this chapter, must be sentenced to impri-
46 sonment in accordance with section 70.00 of this title].
47 5. Certain class D felonies. [Except as provided in subdivision six of
48 this section, every] Every person convicted of the class D felonies of
49 assault in the second degree as defined in section 120.05, strangulation
50 in the second degree as defined in section 121.12 or attempt to commit a
51 class C felony as defined in section 230.30 of this chapter, must be
52 sentenced in accordance with section 70.00 or 85.00 of this title.
53 6. [Multiple felony offender. When the court imposes sentence upon a
54 second violent felony offender, as defined in section 70.04, or a second
55 felony offender, as defined in section 70.06, the court must impose a
56 sentence of imprisonment in accordance with section 70.04 or 70.06, as
S. 1209 24
1 the case may be, unless it imposes a sentence of imprisonment in accord-
2 ance with section 70.08 or 70.10.
3 7.] Fines. Where the court imposes a sentence of imprisonment in
4 accordance with this section, the court also may impose a fine author-
5 ized by article eighty of this title and in such case the sentence shall
6 be both imprisonment and a fine.
7 [8.] 7. Shock incarceration participation. (a) When the court imposes
8 a determinate sentence of imprisonment pursuant to subdivision [three]
9 two of section 70.02 of this [chapter] title or subdivision six of
10 section 70.06 of this [chapter upon a person who stands convicted either
11 of burglary in the second degree as defined in subdivision two of
12 section 140.25 of this chapter or robbery in the second degree as
13 defined in subdivision one of section 160.10 of this chapter, or an
14 attempt thereof] title, upon motion of the defendant, the court may
15 issue an order directing that the department of corrections and communi-
16 ty supervision enroll the defendant in the shock incarceration program
17 as defined in article twenty-six-A of the correction law, provided that
18 the defendant is an eligible incarcerated individual, as described in
19 subdivision one of section eight hundred sixty-five of the correction
20 law. Notwithstanding the foregoing provisions of this subdivision, any
21 defendant to be enrolled in such program pursuant to this subdivision
22 shall be governed by the same rules and regulations promulgated by the
23 department of corrections and community supervision, including without
24 limitation those rules and regulations establishing requirements for
25 completion and such rules and regulations governing discipline and
26 removal from the program.
27 (b) Paragraph b of subdivision seven of section 60.04 of this article
28 shall apply in the event an incarcerated individual designated by court
29 order for enrollment in the shock incarceration program requires a
30 degree of medical care or mental health care that cannot be provided at
31 a shock incarceration facility.
32 § 28. Paragraph (ii) of subdivision b of section 60.09 of the penal
33 law, as added by chapter 410 of the laws of 1979, is amended to read as
34 follows:
35 (ii) if the conviction was for a class A-II offense the court may
36 impose a new minimum term which shall be [no less than three years
37 imprisonment and] no more than eight and one-third years;
38 § 29. Section 60.10 of the penal law, as amended by chapter 411 of the
39 laws of 1979, is amended to read as follows:
40 § 60.10 Authorized disposition; juvenile offender.
41 1. When a juvenile offender is convicted of a crime, the court shall
42 sentence the defendant [to imprisonment] in accordance with section
43 70.05 of this title or sentence [him] them upon a youthful offender
44 finding in accordance with section 60.02 of this [chapter] article.
45 2. Subdivision one of this section shall apply when sentencing a juve-
46 nile offender notwithstanding the provisions of any other law that deals
47 with the authorized sentence for persons who are not juvenile offenders.
48 [Provided, however, that the limitation prescribed by this section shall
49 not be deemed or construed to bar use of a conviction of a juvenile
50 offender, other than a juvenile offender who has been adjudicated a
51 youthful offender pursuant to section 720.20 of the criminal procedure
52 law, as a previous or predicate felony offender under section 70.04,
53 70.06, 70.08 or 70.10, when sentencing a person who commits a felony
54 after he has reached the age of sixteen.]
S. 1209 25
1 § 30. Section 60.12 of the penal law, as amended by chapter 31 of the
2 laws of 2019, subdivision 1 as amended by section 1 of part WW of chap-
3 ter 55 of the laws of 2019, is amended to read as follows:
4 § 60.12 Authorized disposition; alternative sentence; domestic violence
5 cases.
6 1. Notwithstanding any other provision of law, where a court is impos-
7 ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06] or
8 subdivision two or three of section 70.71 of this title, [other than for
9 an offense defined in section 125.26, 125.27, subdivision five of
10 section 125.25, or article 490 of this chapter, or for an offense which
11 would require such person to register as a sex offender pursuant to
12 article six-C of the correction law, an attempt or conspiracy to commit
13 any such offense,] and is authorized [or required] pursuant to sections
14 70.00, 70.02[, 70.06] or subdivision two or three of section 70.71 of
15 this title to impose a sentence of imprisonment, the court, upon a
16 determination following a hearing that (a) at the time of the instant
17 offense, the defendant was a victim of domestic violence subjected to
18 substantial physical, sexual or psychological abuse inflicted by a
19 member of the same family or household as the defendant as such term is
20 defined in subdivision one of section 530.11 of the criminal procedure
21 law; (b) such abuse was a significant contributing factor to the defend-
22 ant's criminal behavior; (c) having regard for the nature and circum-
23 stances of the crime and the history, character and condition of the
24 defendant, that a sentence of imprisonment pursuant to section 70.00,
25 70.02[, 70.06] or subdivision two or three of section 70.71 of this
26 title would be unduly harsh may instead impose a sentence in accordance
27 with this section.
28 A court may determine that such abuse constitutes a significant
29 contributing factor pursuant to paragraph (b) of this subdivision
30 regardless of whether the defendant raised a defense pursuant to article
31 thirty-five, article forty, or subdivision one of section 125.25 of this
32 chapter.
33 At the hearing to determine whether the defendant should be sentenced
34 pursuant to this section, the court shall consider oral and written
35 arguments, take testimony from witnesses offered by either party, and
36 consider relevant evidence to assist in making its determination. Reli-
37 able hearsay shall be admissible at such hearings.
38 2. Where a court would otherwise be required to impose a sentence
39 pursuant to section 70.02 of this title, the court may impose a definite
40 sentence of imprisonment of less than one year [or less], or probation
41 in accordance with the provisions of section 65.00 of this title, or may
42 fix a determinate term of imprisonment as follows:
43 (a) For a class B felony, the term must be at least one year and must
44 not exceed five years;
45 (b) For a class C felony, the term must be at least one year and must
46 not exceed three and one-half years;
47 (c) For a class D felony, the term must be at least one year and must
48 not exceed two years; and
49 (d) For a class E felony, the term must be one year and must not
50 exceed one and one-half years.
51 3. Where a court would otherwise be required to impose a sentence for
52 a class A felony offense pursuant to section 70.00 of this title, the
53 court may fix a determinate term of imprisonment of at least [five
54 years] one year and not to exceed fifteen years, or impose a definite
55 sentence of imprisonment of less than one year, or probation in accord-
56 ance with the provisions of section 65.00 of this title.
S. 1209 26
1 4. Where a court would otherwise be required to impose a sentence for
2 a class A felony offense pursuant to subparagraph (i) of paragraph (b)
3 of subdivision two of section 70.71 of this title, the court may fix a
4 determinate term of imprisonment of at least [five years] one year and
5 not to exceed eight years, or impose a definite sentence of imprisonment
6 of less than one year, or probation in accordance with the provisions of
7 section 65.00 of this title.
8 5. Where a court would otherwise be required to impose a sentence for
9 a class A felony offense pursuant to subparagraph (i) of paragraph (b)
10 of subdivision three of section 70.71 of this title, the court may fix a
11 determinate term of imprisonment of at least [five years] one year and
12 not to exceed twelve years, or impose a definite sentence of imprison-
13 ment of less than one year, or probation in accordance with the
14 provisions of section 65.00 of this title.
15 6. Where a court would otherwise be required to impose a sentence for
16 a class A felony offense pursuant to subparagraph (ii) of paragraph (b)
17 of subdivision two of section 70.71 of this title, the court may fix a
18 determinate term of imprisonment of at least one year and not to exceed
19 three years, or impose a definite sentence of imprisonment of less than
20 one year, or probation in accordance with the provisions of section
21 65.00 of this title.
22 7. Where a court would otherwise be required to impose a sentence for
23 a class A felony offense pursuant to subparagraph (ii) of paragraph (b)
24 of subdivision three of section 70.71 of this title, the court may fix a
25 determinate term of imprisonment of at least [three years] one year and
26 not to exceed six years, or impose a definite sentence of imprisonment
27 of less than one year, or probation in accordance with the provisions of
28 section 65.00 of this title.
29 [8. Where a court would otherwise be required to impose a sentence
30 pursuant to subdivision six of section 70.06 of this title, the court
31 may fix a term of imprisonment as follows:
32 (a) For a class B felony, the term must be at least three years and
33 must not exceed eight years;
34 (b) For a class C felony, the term must be at least two and one-half
35 years and must not exceed five years;
36 (c) For a class D felony, the term must be at least two years and must
37 not exceed three years;
38 (d) For a class E felony, the term must be at least one and one-half
39 years and must not exceed two years.
40 9. Where a court would otherwise be required to impose a sentence for
41 a class B, C, D or E felony offense pursuant to section 70.00 of this
42 title, the court may impose a sentence in accordance with the provisions
43 of subdivision two of section 70.70 of this title.
44 10. Except as provided in subdivision seven of this section, where a
45 court would otherwise be required to impose a sentence pursuant to
46 subdivision three of section 70.06 of this title, the court may impose a
47 sentence in accordance with the provisions of subdivision three of
48 section 70.70 of this title.
49 11. Where a court would otherwise be required to impose a sentence
50 pursuant to subdivision three of section 70.06 of this title, where the
51 prior felony conviction was for a felony offense defined in section
52 70.02 of this title, the court may impose a sentence in accordance with
53 the provisions of subdivision four of section 70.70 of this title.]
54 § 31. Section 65.00 of the penal law, subdivisions 1 and 2 as amended
55 by chapter 835 of the laws of 1974, the opening paragraph of paragraph
56 (a) of subdivision 1 as amended by chapter 738 of the laws of 2004, the
S. 1209 27
1 opening paragraph of paragraph (b) of subdivision 1 as amended by
2 section 19 and subparagraph (ii) of paragraph (a) of subdivision 3 as
3 amended by section 20 of part AAA of chapter 56 of the laws of 2009, the
4 closing paragraph of subdivision 1 as amended by chapter 3 of the laws
5 of 1995, subdivision 3 as amended by chapter 264 of the laws of 2003,
6 subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and
7 paragraph (d) of subdivision 3 as amended by chapter 556 of the laws of
8 2013, paragraph (c) of subdivision 3 as amended by chapter 568 of the
9 laws of 2004, the closing paragraph of subdivision 3 as amended by chap-
10 ter 320 of the laws of 2006, subdivision 4 as amended by chapter 17 of
11 the laws of 2014, and subdivision 5 as amended by chapter 264 of the
12 laws of 2003 and as renumbered by chapter 556 of the laws of 2013, is
13 amended to read as follows:
14 § 65.00 Sentence of probation.
15 1. [Criteria. (a) Except as otherwise required by section 60.04 or
16 60.05 of this title, and except as provided by paragraph (b) hereof, the
17 court may sentence a person to a period of probation upon conviction of
18 any crime if the court, having regard to the nature and circumstances of
19 the crime and to the history, character and condition of the defendant,
20 is of the opinion that:
21 (i) Institutional confinement for the term authorized by law of the
22 defendant is or may not be necessary for the protection of the public;
23 (ii) the defendant is in need of guidance, training or other assist-
24 ance which, in his case, can be effectively administered through
25 probation supervision; and
26 (iii) such disposition is not inconsistent with the ends of justice.
27 (b) The court, with the concurrence of either the administrative judge
28 of the court or of the judicial district within which the court is situ-
29 ated or such administrative judge as the presiding justice of the appro-
30 priate appellate division shall designate, may sentence a person to a
31 period of probation upon conviction of a class A-II felony defined in
32 article two hundred twenty, the class B felony defined in section 220.48
33 of this chapter or any other class B felony defined in article two
34 hundred twenty of this chapter where the person is a second felony drug
35 offender as defined in paragraph (b) of subdivision one of section 70.70
36 of this chapter, if the prosecutor either orally on the record or in a
37 writing filed with the indictment recommends that the court sentence
38 such person to a period of probation upon the ground that such person
39 has or is providing material assistance in the investigation, apprehen-
40 sion or prosecution of any person for a felony defined in article two
41 hundred twenty or the attempt or the conspiracy to commit any such felo-
42 ny, and if the court, having regard to the nature and circumstances of
43 the crime and to the history, character and condition of the defendant
44 is of the opinion that:
45 (i) Institutional confinement of the defendant is not necessary for
46 the protection of the public;
47 (ii) The defendant is in need of guidance, training or other assist-
48 ance which, in his case, can be effectively administered through
49 probation supervision;
50 (iii) The defendant has or is providing material assistance in the
51 investigation, apprehension or prosecution of a person for a felony
52 defined in article two hundred twenty or the attempt or conspiracy to
53 commit any such felony; and
54 (iv) Such disposition is not inconsistent with the ends of justice.
55 Provided, however, that the court shall not, except to the extent
56 authorized by paragraph (d) of subdivision two of section 60.01 of this
S. 1209 28
1 chapter, impose a sentence of probation in any case where it sentences a
2 defendant for more than one crime and imposes a sentence of imprisonment
3 for any one of the crimes, or where the defendant is subject to an
4 undischarged indeterminate or determinate sentence of imprisonment which
5 was imposed at a previous time by a court of this state and has more
6 than one year to run.
7 2.] Sentence. When a person is sentenced to a period of probation the
8 court shall, except to the extent authorized by paragraph (d) of subdi-
9 vision two of section 60.01 of this chapter, impose the period author-
10 ized by subdivision [three] two of this section and shall specify, in
11 accordance with section 65.10, the conditions to be complied with. The
12 court may modify or enlarge the conditions or, if the defendant commits
13 an additional offense or violates a condition, revoke the sentence at
14 any time prior to the expiration or termination of the period of
15 probation.
16 [3.] 2. Periods of probation. Unless terminated sooner in accordance
17 with the criminal procedure law, the period of probation shall be as
18 follows:
19 (a) (i) For a felony, other than a class A-II felony defined in arti-
20 cle two hundred twenty of this chapter or the class B felony defined in
21 section 220.48 of this chapter, [or any other class B felony defined in
22 article two hundred twenty of this chapter committed by a second felony
23 drug offender,] or a sexual assault, the period of probation shall [be a
24 term of three, four or] not exceed five years;
25 (ii) For a class A-II felony drug offender as defined in paragraph (a)
26 of subdivision one of section 70.71 of this chapter [as described in
27 paragraph (b) of subdivision one of this section, or a class B felony
28 committed by a second felony drug offender described in paragraph (b) of
29 subdivision one of this section, the], any period of probation [shall be
30 life] may be imposed and for a class B felony defined in section 220.48
31 of this chapter, the period of probation shall [be] not exceed twenty-
32 five years;
33 (iii) For a felony sexual assault, the period of probation shall [be]
34 not exceed ten years.
35 (b) (i) For a class A misdemeanor, other than a sexual assault, the
36 period of probation shall [be] not exceed a term of [two or] three
37 years;
38 (ii) For a class A misdemeanor sexual assault, the period of probation
39 shall [be] not exceed six years.
40 (c) For a class B misdemeanor, the period of probation shall [be] not
41 exceed one year, except the period of probation shall [be no less than
42 one year and no more than] not exceed three years for the class B misde-
43 meanor of public lewdness as defined in section 245.00 of this chapter;
44 (d) For an unclassified misdemeanor, the period of probation shall
45 [be] not exceed a term of [two or] three years if the authorized
46 sentence of imprisonment is in excess of three months, otherwise the
47 period of probation shall [be] not exceed one year.
48 For the purposes of this section, the term "sexual assault" means an
49 offense defined in article one hundred thirty or two hundred sixty-
50 three, or in section 255.25, 255.26 or 255.27 of this chapter, or an
51 attempt to commit any of the foregoing offenses.
52 [4.] 3. If during the periods of probation referenced in subparagraph
53 (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph
54 (d) of subdivision [three] two of this section an alleged violation is
55 sustained following a hearing pursuant to section 410.70 of the criminal
56 procedure law and the court continues or modifies the sentence, the
S. 1209 29
1 court may extend the remaining period of probation up to the maximum
2 term authorized by this section. Provided, however, a defendant shall
3 receive credit for the time during which [he or she was] they were
4 supervised under the original probation sentence prior to any declara-
5 tion of delinquency and for any time spent in custody pursuant to this
6 article for an alleged violation of probation.
7 [5.] 4. In any case where a court pursuant to its authority under
8 subdivision four of section 60.01 of this chapter revokes probation and
9 sentences such person to imprisonment and probation, as provided in
10 paragraph (d) of subdivision two of section 60.01 of this chapter, the
11 period of probation shall be the remaining period of the original
12 probation sentence or one year whichever is greater.
13 § 32. Section 65.05 of the penal law, subdivision 1 as added by chap-
14 ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi-
15 sion 2 as amended by chapter 742 of the laws of 1981 and subdivision 3
16 as amended by chapter 618 of the laws of 1992, is amended to read as
17 follows:
18 § 65.05 Sentence of conditional discharge.
19 1. [Criteria. (a) Except as otherwise required by section 60.05, the
20 court may impose a sentence of conditional discharge for an offense if
21 the court, having regard to the nature and circumstances of the offense
22 and to the history, character and condition of the defendant, is of the
23 opinion that neither the public interest nor the ends of justice would
24 be served by a sentence of imprisonment and that probation supervision
25 is not appropriate.
26 (b) When a sentence of conditional discharge is imposed for a felony,
27 the court shall set forth in the record the reasons for its action.
28 2.] Sentence. Except to the extent authorized by paragraph (d) of
29 subdivision two of section 60.01 of this [chapter] title, when the court
30 imposes a sentence of conditional discharge the defendant shall be
31 released with respect to the conviction for which the sentence is
32 imposed without imprisonment or probation supervision but subject,
33 during the period of conditional discharge, to such conditions as the
34 court may determine. The court shall impose the period of conditional
35 discharge authorized by subdivision [three] two of this section and
36 shall specify, in accordance with section 65.10 of this article, the
37 conditions to be complied with. If a defendant is sentenced pursuant to
38 paragraph (e) of subdivision two of section 65.10 of this [chapter]
39 article, the court shall require the administrator of the program to
40 provide written notice to the court of any violation of program partic-
41 ipation by the defendant. The court may modify or enlarge the conditions
42 or, if the defendant commits an additional offense or violates a condi-
43 tion, revoke the sentence at any time prior to the expiration or termi-
44 nation of the period of conditional discharge.
45 [3.] 2. Periods of conditional discharge. Unless terminated sooner in
46 accordance with the criminal procedure law, the period of conditional
47 discharge shall be as follows:
48 (a) [Three] Up to three years in the case of a felony; and
49 (b) [One] Up to one year in the case of a misdemeanor or a violation.
50 Where the court has required, as a condition of the sentence, that the
51 defendant make restitution of the fruits of [his or her] their offense
52 or make reparation for the loss caused thereby and such condition has
53 not been satisfied, the court, at any time prior to the expiration or
54 termination of the period of conditional discharge, may impose an addi-
55 tional period. The length of the additional period shall be fixed by the
56 court at the time it is imposed and shall not be more than two years.
S. 1209 30
1 All of the incidents of the original sentence, including the authority
2 of the court to modify or enlarge the conditions, shall continue to
3 apply during such additional period.
4 § 33. Section 65.20 of the penal law is amended to read as follows:
5 § 65.20 Sentence of unconditional discharge.
6 [1. Criteria. The court may impose a sentence of unconditional
7 discharge in any case where it is authorized to impose a sentence of
8 conditional discharge under section 65.05 if the court is of the opinion
9 that no proper purpose would be served by imposing any condition upon
10 the defendant's release.
11 When a sentence of unconditional discharge is imposed for a felony,
12 the court shall set forth in the record the reasons for its action.
13 2. Sentence.] When the court imposes a sentence of unconditional
14 discharge, the defendant shall be released with respect to the
15 conviction for which the sentence is imposed without imprisonment, fine
16 or probation supervision. A sentence of unconditional discharge is for
17 all purposes a final judgment of conviction.
18 § 34. Subdivision 2 of section 85.00 of the penal law, as added by
19 chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277
20 of the laws of 1973, is amended to read as follows:
21 2. Authorization for use of sentence. The court may impose a sentence
22 of intermittent imprisonment in any case where:
23 (a) [the court is imposing sentence, upon a person other than a second
24 or persistent felony offender, for a class D or class E felony or for
25 any offense that is not a felony; and
26 (b)] the court is not imposing any other sentence of imprisonment upon
27 the defendant at the same time; and
28 [(c)] (b) the defendant is not under any other sentence of imprison-
29 ment with a term in excess of fifteen days imposed by any other court[;
30 and].
31 § 35. Subdivisions 3, 4 and 5 of section 485.10 of the penal law,
32 subdivisions 3 and 4 as added by chapter 107 of the laws of 2000 and
33 subdivision 5 as amended by chapter 624 of the laws of 2022, are amended
34 to read as follows:
35 3. [Notwithstanding any other provision of law, when a person is
36 convicted of a hate crime pursuant to this article and the specified
37 offense is a class B felony:
38 (a) the maximum term of the indeterminate sentence must be at least
39 six years if the defendant is sentenced pursuant to section 70.00 of
40 this chapter;
41 (b) the term of the determinate sentence must be at least eight years
42 if the defendant is sentenced pursuant to section 70.02 of this chapter;
43 (c) the term of the determinate sentence must be at least twelve years
44 if the defendant is sentenced pursuant to section 70.04 of this chapter;
45 (d) the maximum term of the indeterminate sentence must be at least
46 four years if the defendant is sentenced pursuant to section 70.05 of
47 this chapter; and
48 (e) the maximum term of the indeterminate sentence or the term of the
49 determinate sentence must be at least ten years if the defendant is
50 sentenced pursuant to section 70.06 of this chapter.
51 4. Notwithstanding any other provision of law, when a person is
52 convicted of a hate crime pursuant to this article and the specified
53 offense is a class A-1 felony, the minimum period of the indeterminate
54 sentence shall be not less than twenty years.
55 5.] In addition to any of the dispositions authorized by this chapter,
56 the court shall require as part of the sentence imposed upon a person
S. 1209 31
1 convicted of a hate crime pursuant to this article, that the defendant
2 complete a program, training session or counseling session directed at
3 hate crime prevention and education, where the court determines such
4 program, training session or counseling session is appropriate, avail-
5 able and was developed or authorized by the court or local agencies in
6 cooperation with organizations serving the affected community.
7 § 36. Paragraph (d) of subdivision 2 of section 490.25 of the penal
8 law is REPEALED.
9 § 37. Sections 220.35, 400.15, 400.16, 400.19, 400.20 and 400.21 of
10 the criminal procedure law are REPEALED.
11 § 38. Subdivision 6 of section 2 of the correction law, as amended by
12 chapter 476 of the laws of 1970, is amended to read as follows:
13 6. "Residential treatment facility". A correctional facility consist-
14 ing of a community based residence in or near a community where employ-
15 ment, educational and training opportunities are readily available for
16 persons who [are on parole or conditional release and for persons who]
17 are or who will soon be eligible for release on parole who intend to
18 reside in or near that community when released.
19 § 39. Subdivision 10 of section 73 of the correction law is REPEALED.
20 § 40. Subdivision 1 of section 865 of the correction law, as amended
21 by chapter 322 of the laws of 2021, is amended to read as follows:
22 1. "Eligible incarcerated individual" means a person sentenced to an
23 indeterminate term of imprisonment who will become eligible for release
24 on parole within three years or sentenced to a determinate term of
25 imprisonment who will become eligible for conditional release within
26 three years[, who has not reached the age of fifty years, who has not
27 previously been convicted of a violent felony as defined in article
28 seventy of the penal law, or a felony in any other jurisdiction which
29 includes all of the essential elements of any such violent felony, upon
30 which an indeterminate or determinate term of imprisonment was imposed
31 and who was between the ages of sixteen and fifty years at the time of
32 commission of the crime upon which his or her present sentence was
33 based. Notwithstanding the foregoing, no person who is convicted of any
34 of the following crimes shall be deemed eligible to participate in this
35 program: (a) a violent felony offense as defined in article seventy of
36 the penal law; provided, however, that a person who is convicted of
37 burglary in the second degree as defined in subdivision two of section
38 140.25 of the penal law, or robbery in the second degree as defined in
39 subdivision one of section 160.10 of the penal law, or an attempt there-
40 of, is eligible to participate, (b) an A-I felony offense, (c) any homi-
41 cide offense as defined in article one hundred twenty-five of the penal
42 law, (d) any felony sex offense as defined in article one hundred thirty
43 of the penal law and (e) any escape or absconding offense as defined in
44 article two hundred five of the penal law].
45 § 41. Section 220.10 of the criminal procedure law, as amended by
46 chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410
47 of the laws of 1979, subparagraph (i) of paragraph (a) of subdivision 5
48 as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi-
49 sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of
50 paragraph (d) of subdivision 5 as amended by chapter 189 of the laws of
51 2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws
52 of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended
53 by chapter 23 of the laws of 2024, the second undesignated paragraph of
54 paragraph (g) of subdivision 5 as amended by chapter 920 of the laws of
55 1982, the closing paragraph of paragraph (g) of subdivision 5 as amended
56 by chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5 as
S. 1209 32
1 added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5
2 as amended by chapter 322 of the laws of 2021 and subdivision 6 as added
3 by chapter 548 of the laws of 1980, is amended to read as follows:
4 § 220.10 Plea; kinds of pleas.
5 The only kinds of pleas which may be entered to an indictment are
6 those specified in this section:
7 1. The defendant may as a matter of right enter a plea of "not guilty"
8 to the indictment.
9 2. [Except as provided in subdivision five, the] The defendant may as
10 a matter of right enter a plea of "guilty" to the entire indictment.
11 3. [Except as provided in subdivision five, where] Where the indict-
12 ment charges but one crime, the defendant may, with [both] either the
13 permission of the court [and] in furtherance of justice in accordance
14 with the factors outlined in subdivision one of section 210.40 of this
15 part, or the consent of the people with the permission of the court,
16 enter a plea of guilty of a lesser included offense.
17 4. [Except as provided in subdivision five, where] Where the indict-
18 ment charges two or more offenses in separate counts, the defendant may,
19 with [both] either the permission of the court [and] in furtherance of
20 justice in accordance with the factors outlined in subdivision one of
21 section 210.40 of this part, or the consent of the people with the
22 permission of the court, enter a plea of:
23 (a) Guilty of one or more but not all of the offenses charged; or
24 (b) Guilty of a lesser included offense with respect to any or all of
25 the offenses charged; or
26 (c) Guilty of any combination of offenses charged and lesser offenses
27 included within other offenses charged.
28 5. [(a) (i) Where the indictment charges one of the class A felonies
29 defined in article two hundred twenty of the penal law or the attempt to
30 commit any such class A felony, then any plea of guilty entered pursuant
31 to subdivision three or four of this section must be or must include at
32 least a plea of guilty of a class B felony.
33 (iii) Where the indictment charges one of the class B felonies defined
34 in article two hundred twenty of the penal law then any plea of guilty
35 entered pursuant to subdivision three or four must be or must include at
36 least a plea of guilty of a class D felony.
37 (b) Where the indictment charges any class B felony, other than a
38 class B felony defined in article two hundred twenty of the penal law or
39 a class B violent felony offense as defined in subdivision one of
40 section 70.02 of the penal law, then any plea of guilty entered pursuant
41 to subdivision three or four must be or must include at least a plea of
42 guilty of a felony.
43 (c) Where the indictment charges a felony, other than a class A felony
44 or class B felony defined in article two hundred twenty of the penal law
45 or class B or class C violent felony offense as defined in subdivision
46 one of section 70.02 of the penal law, and it appears that the defendant
47 has previously been subjected to a predicate felony conviction as
48 defined in penal law section 70.06 then any plea of guilty entered
49 pursuant to subdivision three or four must be or must include at least a
50 plea of guilty of a felony.
51 (d) Where the indictment charges a class A felony, other than those
52 defined in article two hundred twenty of the penal law, or charges a
53 class B or class C violent felony offense as defined in subdivision one
54 of section 70.02 of the penal law, then a plea of guilty entered pursu-
55 ant to subdivision three or four must be as follows:
S. 1209 33
1 (i) Where the indictment charges a class A felony offense or a class B
2 violent felony offense which is also an armed felony offense then a plea
3 of guilty must include at least a plea of guilty to a class C violent
4 felony offense;
5 (ii) Except as provided in subparagraph (i) of this paragraph, where
6 the indictment charges a class B violent felony offense or a class C
7 violent felony offense, then a plea of guilty must include at least a
8 plea of guilty to a class D violent felony offense;
9 (iii) Where the indictment charges the class D violent felony offense
10 of criminal possession of a weapon in the third degree as defined in
11 subdivision four of section 265.02 of the penal law, and the defendant
12 has not been previously convicted of a class A misdemeanor defined in
13 the penal law in the five years preceding the commission of the offense,
14 then a plea of guilty must be either to the class E violent felony
15 offense of attempted criminal possession of a weapon in the third degree
16 or to the class A misdemeanor of criminal possession of a weapon in the
17 fourth degree as defined in subdivision one of section 265.01 of the
18 penal law;
19 (iv) Where the indictment charges the class D violent felony offenses
20 of criminal possession of a weapon in the third degree as defined in
21 subdivision four of section 265.02 of the penal law and the provisions
22 of subparagraph (iii) of this paragraph do not apply, or subdivision
23 five, seven or eight of section 265.02 of the penal law, then a plea of
24 guilty must include at least a plea of guilty to a class E violent felo-
25 ny offense.
26 (e) A defendant may not enter a plea of guilty to the crime of murder
27 in the first degree as defined in section 125.27 of the penal law;
28 provided, however, that a defendant may enter such a plea with both the
29 permission of the court and the consent of the people when the agreed
30 upon sentence is either life imprisonment without parole or a term of
31 imprisonment for the class A-I felony of murder in the first degree
32 other than a sentence of life imprisonment without parole.
33 (f) The provisions of this subdivision shall apply irrespective of
34 whether the defendant is thereby precluded from entering a plea of guil-
35 ty of any lesser included offense.
36 (g)] Where the defendant is a juvenile offender, [the provisions of
37 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply
38 and] any plea entered pursuant to subdivision three or four of this
39 section, must be as follows:
40 [(i)] (a) If the indictment charges a person fourteen or fifteen years
41 old with the crime of murder in the second degree any plea of guilty
42 entered pursuant to subdivision three or four must be a plea of guilty
43 of a crime for which the defendant is criminally responsible;
44 [(ii)] (b) If the indictment does not charge a crime specified in
45 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, then
46 any plea of guilty entered pursuant to subdivision three or four of this
47 section must be a plea of guilty of a crime for which the defendant is
48 criminally responsible unless a plea of guilty is accepted pursuant to
49 [subparagraph (iii)] paragraph (c) of this [paragraph] subdivision;
50 [(iii)] (c) Where the indictment does not charge a crime specified in
51 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, the
52 district attorney may recommend removal of the action to the family
53 court. Upon making such recommendation the district attorney shall
54 submit a subscribed memorandum setting forth: [(1)] (i) a recommendation
55 that the interests of justice would best be served by removal of the
56 action to the family court; and [(2)] (ii) if the indictment charges a
S. 1209 34
1 thirteen year old with the crime of murder in the second degree, or a
2 fourteen or fifteen year old with the crimes of rape in the first degree
3 as defined in subdivision one of section 130.35 of the penal law, or
4 criminal sexual act in the first degree as defined in subdivision one of
5 section 130.50 of the penal law, or an armed felony as defined in para-
6 graph (a) of subdivision forty-one of section 1.20 of this chapter
7 specific factors, one or more of which reasonably supports the recommen-
8 dation, showing, [(i)] (1) mitigating circumstances that bear directly
9 upon the manner in which the crime was committed, or [(ii)] (2) where
10 the defendant was not the sole participant in the crime, that the
11 defendant's participation was relatively minor although not so minor as
12 to constitute a defense to the prosecution, or [(iii)] (3) possible
13 deficiencies in proof of the crime, or [(iv)] (4) where the juvenile
14 offender has no previous adjudications of having committed a designated
15 felony act, as defined in subdivision eight of section 301.2 of the
16 family court act, regardless of the age of the offender at the time of
17 commission of the act, that the criminal act was not part of a pattern
18 of criminal behavior and, in view of the history of the offender, is not
19 likely to be repeated.
20 If the court is of the opinion based on specific factors set forth in
21 the district attorney's memorandum that the interests of justice would
22 best be served by removal of the action to the family court, a plea of
23 guilty of a crime or act for which the defendant is not criminally
24 responsible may be entered pursuant to subdivision three or four of this
25 section, except that a thirteen year old charged with the crime of
26 murder in the second degree may only plead to a designated felony act,
27 as defined in subdivision eight of section 301.2 of the family court
28 act.
29 Upon accepting any such plea, the court must specify upon the record
30 the portion or portions of the district attorney's statement the court
31 is relying upon as the basis of its opinion and that it believes the
32 interests of justice would best be served by removal of the proceeding
33 to the family court. Such plea shall then be deemed to be a juvenile
34 delinquency fact determination and the court upon entry thereof must
35 direct that the action be removed to the family court in accordance with
36 the provisions of article seven hundred twenty-five of this chapter.
37 [(g-1) Where a defendant is an adolescent offender, the provisions of
38 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply.]
39 5-a. Where the plea is to an offense constituting a misdemeanor, the
40 plea shall be deemed replaced by an order of fact-finding in a juvenile
41 delinquency proceeding, pursuant to section 346.1 of the family court
42 act, and the action shall be removed to the family court in accordance
43 with article seven hundred twenty-five of this chapter. Where the plea
44 is to an offense constituting a felony, the court may remove the action
45 to the family court in accordance with section 722.23 and article seven
46 hundred twenty-five of this chapter.
47 [(h) Where the indictment charges the class E felony offense of aggra-
48 vated harassment of an employee by an incarcerated individual as defined
49 in section 240.32 of the penal law, then a plea of guilty must include
50 at least a plea of guilty to a class E felony.]
51 6. The defendant may, with both the permission of the court and the
52 consent of the people, enter a plea of not responsible by reason of
53 mental disease or defect to the indictment in the manner prescribed in
54 section 220.15 of this chapter.
55 § 42. Subdivision 3 of section 220.30 of the criminal procedure law is
56 REPEALED.
S. 1209 35
1 § 43. Section 430.20 of the criminal procedure law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-a. Time calculation. (a) If at the time of sentencing the defendant
4 is at liberty, and has accrued jail time credit such that the time
5 accrued may be equal to or exceed the amount of time the defendant would
6 be required to serve to reach the conditional release date of a defi-
7 nite, indeterminate, or determinate sentence, or any jail portion of a
8 sentence of probation pursuant to the sentence or sentences to be
9 imposed, the court shall proceed to impose sentence but shall not commit
10 the defendant to custody, or if the defendant is in custody at the time
11 of sentencing the court shall, upon the defendant's request, release the
12 defendant pending further order of the court. The court shall direct the
13 department of corrections and community supervision, sheriff, or the New
14 York city commissioner of corrections to promptly calculate the jail
15 time credit under section 70.30 of the penal law and determine the good
16 time credit pursuant to section 70.40 of the penal law and sections
17 eight hundred three and eight hundred four of the correction law and
18 certify such credit to the sentencing court. If the credit so certified
19 is sufficient to satisfy the conditional release date of the sentence or
20 sentences imposed by the court, the defendant shall not be further
21 committed to custody pursuant to such sentence or sentences, except as
22 otherwise expressly provided by law.
23 (b) Where the defendant is otherwise subject to probation, parole,
24 conditional release or post-release supervision under the terms of the
25 court's sentence, the court shall direct the defendant to appear forth-
26 with at the office of the department of corrections and community super-
27 vision or a local probation department. The terms of such probation,
28 parole, conditional release or post-release supervision shall be estab-
29 lished by the court, the department of corrections and community super-
30 vision, or the local probation department, without commitment of the
31 defendant.
32 § 44. This act shall take effect immediately.
