STATE OF NEW YORK ________________________________________________________________________ 1297 2025-2026 Regular Sessions IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. MEEKS, REYES, BURDICK, KELLES, EPSTEIN, CRUZ, ANDERSON, JACKSON, GALLAGHER, WALKER, MAMDANI, MITAYNES, R. CARROLL, GIBBS, LUCAS, HEVESI, GONZALEZ-ROJAS, ROSENTHAL, SEPTIMO, WEPRIN, COOK, RIVERA, TAYLOR, CLARK, CUNNINGHAM, TAPIA, SHRESTHA, KIM, SIMONE, ALVAREZ, ZINERMAN, DAVILA, SHIMSKY, CHANDLER-WATERMAN, RAGA, FORREST, LEVENBERG, BICHOTTE HERMELYN, HUNTER, BORES, SEAWRIGHT, LEE, DAIS, HYNDMAN -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the correction law, in relation to eliminating mandatory minimums; to amend the sentencing reform act of 1995, in relation to the effective- ness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effectiveness thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to the effectiveness thereof; to amend part E of chapter 62 of the laws of 2003, amending the correction law and other laws relating to various provisions, in relation to the effectiveness thereof; and to repeal certain provisions of the penal law, the criminal procedure law and the correction law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Marvin Mayfield act". 3 § 2. Subdivision 6 of section 1.05 of the penal law, as amended by 4 chapter 98 of the laws of 2006, is amended to read as follows: 5 6. To [insure the public] promote community safety by [preventing the 6 commission of offenses through the deterrent influence of the sentences 7 authorized,] supporting the rehabilitation of [those] individuals who 8 have been convicted, [the promotion of] and their successful and produc- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03169-01-5
A. 1297 2 1 tive reentry and reintegration into society[, and their confinement when 2 required in the interests of public protection] by imposing the minimum 3 sentence necessary to achieve the goals of sentencing outlined above. 4 § 3. Section 380.20 of the criminal procedure law is amended to read 5 as follows: 6 § 380.20 Sentence required. 7 1. The court must pronounce sentence in every case where a conviction 8 is entered. If an accusatory instrument contains multiple counts and a 9 conviction is entered on more than one count the court must pronounce 10 sentence on each count. 11 2. When entering a sentence that includes a term of imprisonment, or 12 within seven days thereafter, the court shall issue a written decision 13 explaining its choice of sentence, based on individualized findings, 14 sufficient to facilitate appellate review. A defendant may knowingly and 15 voluntarily waive the right to a written decision. 16 § 4. Paragraph (a) of subdivision 3 of section 390.30 of the criminal 17 procedure law, as added by chapter 14 of the laws of 1985, is amended to 18 read as follows: 19 (a) The report of the pre-sentence investigation must contain an anal- 20 ysis of as much of the information gathered in the investigation as the 21 agency that conducted the investigation deems relevant to the question 22 of sentence. The report must also include any other [imformation] infor- 23 mation that the court directs to be included and the material required 24 by paragraph (b) of this subdivision which shall be considered part of 25 the report. The report shall include an analysis of the actual finan- 26 cial cost of incarceration to the state and/or localities of the poten- 27 tial sentences that may be imposed. 28 § 5. Subdivision 1 and paragraph (a) of subdivision 2 of section 29 390.50 of the criminal procedure law, subdivision 1 as separately 30 amended by chapters 224 and 369 of the laws of 1986 and paragraph (a) of 31 subdivision 2 as amended by chapter 31 of the laws of 2019, are amended 32 to read as follows: 33 1. In general. Any pre-sentence report or memorandum submitted to the 34 court pursuant to this article and any medical, psychiatric or social 35 agency report or other information gathered for the court by a probation 36 department, or submitted directly to the court, in connection with the 37 question of sentence is confidential and may not be made available by 38 any state agency, including the state department of corrections and 39 community supervision, to any person or public or private agency except 40 where specifically required or permitted by statute or upon specific 41 authorization of the court. Section one hundred forty-seven of the 42 correction law shall not be deemed to permit such disclosure. For 43 purposes of this section, any report, memorandum or other information 44 forwarded to a probation department within this state from a probation 45 agency outside this state is governed by the same rules of confidential- 46 ity. Any person, public or private agency receiving such material must 47 retain it under the same conditions of confidentiality as apply to the 48 probation department that made it available. 49 (a) Not less than one court day prior to sentencing, unless such time 50 requirement is waived by the parties, the pre-sentence report or memo- 51 randum shall be made available by the court for examination and for 52 copying and retention by the defendant's attorney, the defendant 53 [himself] themself, [if he has no attorney,] and the prosecutor. The 54 defendant shall be given an opportunity to challenge or correct any fact 55 or conclusion in the pre-sentence report or memorandum prior to the 56 court's pronouncement of sentence. In its discretion, the court may
A. 1297 3 1 except from disclosure a part or parts of the report or memoranda which 2 are not relevant to a proper sentence, or a diagnostic opinion which 3 might seriously disrupt a program of rehabilitation, or sources of 4 information which have been obtained on a promise of confidentiality, or 5 any other portion thereof, disclosure of which would not be in the 6 interest of justice. In all cases where a part or parts of the report or 7 memoranda are not disclosed, the court shall state for the record that a 8 part or parts of the report or memoranda have been excepted and the 9 reasons for its action. The action of the court excepting information 10 from disclosure shall be subject to appellate review. The pre-sentence 11 report shall be made available by the court for examination and copying 12 in connection with any appeal in the case, including an appeal under 13 this subdivision. Upon written request, the court shall make a copy of 14 the presentence report, other than a part or parts of the report redact- 15 ed by the court pursuant to this paragraph, available to the defendant 16 for use before the parole board for release consideration or an appeal 17 of a parole board determination or an application for resentencing 18 pursuant to section 440.46 or 440.47 of this chapter. [In his or her 19 written request to the court the defendant shall affirm that he or she 20 anticipates an appearance before the parole board or intends to file an 21 administrative appeal of a parole board determination or meets the 22 eligibility criteria for and intends to file a motion for resentencing 23 pursuant to 440.46 of this chapter or has received notification from the 24 court which received his or her request to apply for resentencing pursu- 25 ant to section 440.47 of this chapter confirming that he or she is 26 eligible to submit an application for resentencing pursuant to section 27 440.47 of this chapter.] The court shall respond to the defendant's 28 written request within twenty days from receipt of the defendant's writ- 29 ten request. 30 § 6. Section 70.00 of the penal law, the section heading as amended by 31 chapter 277 of the laws of 1973, subdivision 1 as amended by chapter 7 32 of the laws of 2007, subdivisions 2, 3 and 4 as amended by chapter 738 33 of the laws of 2004, paragraph (a) of subdivision 3 as amended by chap- 34 ter 107 and paragraph (b) of subdivision 3 as amended by chapter 746 of 35 the laws of 2006, subdivision 5 as amended by section 40-a of part WWW 36 of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap- 37 ter 1 of the laws of 1998, is amended to read as follows: 38 § 70.00 Sentence of imprisonment for felony. 39 1. Indeterminate sentence. Except as provided in subdivisions three 40 and four[, five and six] of this section or section 70.80 of this arti- 41 cle, [a] the term of sentence [of imprisonment] for a felony, other than 42 a felony defined in article two hundred twenty [or two hundred twenty- 43 one] of this chapter, shall be fixed by the court. If a court finds that 44 sentence of imprisonment of more than one year is the minimum term of 45 imprisonment necessary to achieve the goals of sentencing, the court 46 shall impose an indeterminate sentence. When such a sentence is imposed, 47 the court shall impose a maximum term in accordance with the provisions 48 of subdivision two of this section [and the minimum period of imprison- 49 ment shall be as provided in subdivision three of this section]. The 50 minimum period shall be fixed by the court and specified in the sentence 51 and shall be not less than one year nor more than one-third of the maxi- 52 mum term imposed, or the court may impose a definite sentence of impri- 53 sonment and fix a term of less than one year. 54 2. Maximum term of sentence. The maximum term of an indeterminate 55 sentence shall be at least three years and the term shall be fixed as 56 follows:
A. 1297 4 1 (a) For a class A felony, the term shall be life imprisonment; 2 (b) For a class B felony, the term shall be fixed by the court, and 3 shall not exceed twenty-five years; 4 (c) For a class C felony, the term shall be fixed by the court, and 5 shall not exceed fifteen years; 6 (d) For a class D felony, the term shall be fixed by the court, and 7 shall not exceed seven years; and 8 (e) For a class E felony, the term shall be fixed by the court, and 9 shall not exceed four years. 10 3. [Minimum period of imprisonment. The minimum period of imprisonment 11 under an indeterminate sentence shall be at least one year and shall be 12 fixed as follows: 13 (a) In the case of a class A felony, the minimum period shall be fixed 14 by the court and specified in the sentence. 15 (i) For a class A-I felony, such minimum period shall not be less than 16 fifteen years nor more than twenty-five years; provided, however, that 17 (A) where a sentence, other than a sentence of death or life imprison- 18 ment without parole, is imposed upon a defendant convicted of murder in 19 the first degree as defined in section 125.27 of this chapter such mini- 20 mum period shall be not less than twenty years nor more than twenty-five 21 years, and, (B) where a sentence is imposed upon a defendant convicted 22 of murder in the second degree as defined in subdivision five of section 23 125.25 of this chapter or convicted of aggravated murder as defined in 24 section 125.26 of this chapter, the sentence shall be life imprisonment 25 without parole, and, (C) where a sentence is imposed upon a defendant 26 convicted of attempted murder in the first degree as defined in article 27 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of 28 paragraph (a) of subdivision one and paragraph (b) of subdivision one of 29 section 125.27 of this chapter or attempted aggravated murder as defined 30 in article one hundred ten of this chapter and section 125.26 of this 31 chapter such minimum period shall be not less than twenty years nor more 32 than forty years. 33 (ii) For a class A-II felony, such minimum period shall not be less 34 than three years nor more than eight years four months, except that for 35 the class A-II felony of predatory sexual assault as defined in section 36 130.95 of this chapter or the class A-II felony of predatory sexual 37 assault against a child as defined in section 130.96 of this chapter, 38 such minimum period shall be not less than ten years nor more than twen- 39 ty-five years. 40 (b) For any other felony, the minimum period shall be fixed by the 41 court and specified in the sentence and shall be not less than one year 42 nor more than one-third of the maximum term imposed. 43 4. Alternative definite sentence for class D and E felonies. When a 44 person, other than a second or persistent felony offender, is sentenced 45 for a class D or class E felony, and the court, having regard to the 46 nature and circumstances of the crime and to the history and character 47 of the defendant, is of the opinion that a sentence of imprisonment is 48 necessary but that it would be unduly harsh to impose an indeterminate 49 or determinate sentence, the court may impose a definite sentence of 50 imprisonment and fix a term of one year or less. 51 5.] Life imprisonment without parole. Notwithstanding any other 52 provision of law, a defendant sentenced to life imprisonment without 53 parole shall not be or become eligible for parole or conditional 54 release. For purposes of commitment and custody, other than parole and 55 conditional release, such sentence shall be deemed to be an indetermi- 56 nate sentence. A defendant may be sentenced to life imprisonment without
A. 1297 5 1 parole upon conviction for the crime of murder in the first degree as 2 defined in section 125.27 of this chapter and in accordance with the 3 procedures provided by law for imposing a sentence for such crime. A 4 defendant who was eighteen years of age or older at the time of the 5 commission of the crime must be sentenced to life imprisonment without 6 parole upon conviction for the crime of terrorism as defined in section 7 490.25 of this chapter, where the specified offense the defendant 8 committed is a class A-I felony; the crime of criminal possession of a 9 chemical weapon or biological weapon in the first degree as defined in 10 section 490.45 of this chapter; or the crime of criminal use of a chemi- 11 cal weapon or biological weapon in the first degree as defined in 12 section 490.55 of this chapter; provided, however, that nothing in this 13 subdivision shall preclude or prevent a sentence of death when the 14 defendant is also convicted of the crime of murder in the first degree 15 as defined in section 125.27 of this chapter. A defendant who was seven- 16 teen years of age or younger at the time of the commission of the crime 17 may be sentenced, in accordance with law, to the applicable indetermi- 18 nate sentence with a maximum term of life imprisonment. A defendant must 19 be sentenced to life imprisonment without parole upon conviction for the 20 crime of murder in the second degree as defined in subdivision five of 21 section 125.25 of this chapter or for the crime of aggravated murder as 22 defined in subdivision one of section 125.26 of this chapter. A defend- 23 ant may be sentenced to life imprisonment without parole upon conviction 24 for the crime of aggravated murder as defined in subdivision two of 25 section 125.26 of this chapter. 26 [6.] 4. Determinate sentence. [Except as provided in subdivision four 27 of this section and subdivisions two and four of section 70.02, when] 28 When a person is sentenced as a violent felony offender pursuant to 29 section 70.02 [or as a second violent felony offender pursuant to 30 section 70.04 or as a second felony offender on a conviction for a 31 violent felony offense pursuant to section 70.06] of this article, the 32 sentence shall be fixed by the court. If a court finds that a sentence 33 of imprisonment of more than one year is the minimum term of imprison- 34 ment necessary to achieve the goals of sentencing, the court must impose 35 a determinate sentence of imprisonment in accordance with the provisions 36 of such [sections and such sentence shall include, as a part thereof, a 37 period of post-release supervision in accordance with section 70.45] 38 section. 39 § 7. Subdivision d of section 74 of chapter 3 of the laws of 1995, 40 enacting the sentencing reform act of 1995, as amended by section 17 of 41 part A of chapter 55 of the laws of 2023, is amended to read as follows: 42 d. Sections one-a [through], one-b, two, four through eight, eleven, 43 twelve, twenty, twenty-four through twenty-eight, thirty through thir- 44 ty-nine, forty-two and forty-four of this act shall be deemed repealed 45 on September 1, 2025; 46 § 8. Subdivisions 2 and 4 of section 70.02 of the penal law are 47 REPEALED and subdivision 3, as amended by chapter 765 of the laws of 48 2005, paragraphs (b) and (c) as amended by chapter 1 of the laws of 49 2013, is amended to read as follows: 50 [3.] 2. Term of sentence. The term [of a determinate sentence] for a 51 violent felony offense must be fixed by the court. The court may impose 52 a definite sentence of imprisonment and fix a term of less than one 53 year. If a court finds that a sentence of imprisonment of more than one 54 year is the minimum term of imprisonment necessary to achieve the goals 55 of sentencing, the court shall impose a determinate sentence as follows:
A. 1297 6 1 (a) For a class B felony, the term must be at least [five years] one 2 year and must not exceed twenty-five years, provided, however, that the 3 term [must be]: (i) [at least ten years and] must not exceed thirty 4 years where the sentence is for the crime of aggravated assault upon a 5 police officer or peace officer as defined in section 120.11 of this 6 chapter; and (ii) [at least ten years and] must not exceed thirty years 7 where the sentence is for the crime of aggravated manslaughter in the 8 first degree as defined in section 125.22 of this chapter; 9 (b) For a class C felony, the term must be at least [three and one- 10 half years] one year and must not exceed fifteen years, provided, howev- 11 er, that the term [must be]: (i) [at least seven years and] must not 12 exceed twenty years where the sentence is for the crime of aggravated 13 manslaughter in the second degree as defined in section 125.21 of this 14 chapter; (ii) [at least seven years and] must not exceed twenty years 15 where the sentence is for the crime of attempted aggravated assault upon 16 a police officer or peace officer as defined in section 120.11 of this 17 chapter; (iii) [at least three and one-half years and] must not exceed 18 twenty years where the sentence is for the crime of aggravated criminal- 19 ly negligent homicide as defined in section 125.11 of this chapter; and 20 (iv) [at least five years and] must not exceed fifteen years where the 21 sentence is imposed for the crime of aggravated criminal possession of a 22 weapon as defined in section 265.19 of this chapter; 23 (c) For a class D felony, the term must be at least [two years] one 24 year and must not exceed seven years, provided, however, that the term 25 [must be]: (i) [at least two years and] must not exceed eight years 26 where the sentence is for the crime of menacing a police officer or 27 peace officer as defined in section 120.18 of this chapter; and (ii) [at 28 least three and one-half years and] must not exceed seven years where 29 the sentence is imposed for the crime of criminal possession of a weapon 30 in the third degree as defined in subdivision ten of section 265.02 of 31 this chapter; and 32 (d) For a class E felony, the term must be at least one [and one-half 33 years] year and must not exceed four years. 34 § 9. Sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07, 70.08 and 35 70.10 of the penal law are REPEALED. 36 § 10. Subdivisions 1 and 3 of section 70.05 of the penal law, subdivi- 37 sion 1 as amended by chapter 615 of the laws of 1984, subdivision 3 as 38 added by chapter 481 of the laws of 1978, paragraph (a) of subdivision 3 39 as amended by chapter 174 of the laws of 2003 and paragraph (c) of 40 subdivision 3 as amended by chapter 435 of the laws of 1998, are amended 41 to read as follows: 42 1. Indeterminate sentence. A sentence of imprisonment for a felony 43 committed by a juvenile offender shall be fixed by the court. If a court 44 finds that a sentence of imprisonment of more than one year is the mini- 45 mum term of imprisonment necessary to achieve the goals of sentencing, 46 the court shall impose an indeterminate sentence. When such a sentence 47 is imposed, the court shall impose a maximum term in accordance with the 48 provisions of subdivision two of this section and the minimum period of 49 imprisonment shall be as provided in subdivision three of this section. 50 The court shall further provide that where a juvenile offender is under 51 placement pursuant to article three of the family court act, any 52 sentence imposed pursuant to this section which is to be served consec- 53 utively with such placement shall be served in a facility designated 54 pursuant to subdivision four of section 70.20 of this article prior to 55 service of the placement in any previously designated facility.
A. 1297 7 1 3. Minimum period of imprisonment. The court may impose a definite 2 sentence of imprisonment and fix a term of less than one year. The mini- 3 mum period of imprisonment under an indeterminate sentence for a juve- 4 nile offender shall be not less than one year nor more than one-third of 5 the maximum term imposed and specified in the sentence as follows: 6 (a) For the class A felony of murder in the second degree, the minimum 7 period of imprisonment shall be fixed by the court and shall [be not 8 less than five years but shall] not exceed nine years provided, however, 9 that where the sentence is for an offense specified in subdivision one 10 or two of section 125.25 of this chapter and the defendant was fourteen 11 or fifteen years old at the time of such offense, the minimum period of 12 imprisonment shall [be not less than seven and one-half years but shall] 13 not exceed fifteen years; 14 (b) For the class A felony of arson in the first degree, or for the 15 class A felony of kidnapping in the first degree, the minimum period of 16 imprisonment shall be fixed by the court and shall [be not less than 17 four years but shall] not exceed six years; and 18 (c) For a class B, C or D felony, the minimum period of imprisonment 19 shall be fixed by the court at one-third of the maximum term imposed. 20 § 11. Paragraph (c) of subdivision 1-a of section 70.15 of the penal 21 law, as added by section 2 of part OO of chapter 55 of the laws of 2019, 22 is amended to read as follows: 23 (c) Any sentence for a misdemeanor conviction imposed prior to the 24 effective date of this subdivision that is a definite sentence of impri- 25 sonment of one year, or three hundred sixty-five days, shall, by opera- 26 tion of law, be changed to, mean and be interpreted and applied as a 27 sentence of three hundred sixty-four days. In addition to any other 28 right of a person to obtain a record of a proceeding against [him or 29 her] them, [a person so sentenced prior to the effective date of this 30 subdivision shall be entitled to obtain, from] the criminal court or the 31 clerk thereof, shall not issue a certificate of conviction, as described 32 in subdivision one of section 60.60 of the criminal procedure law, 33 setting forth [such sentence as the sentence specified in this para- 34 graph] sentences of one year. The criminal court or clerk thereof shall 35 only issue certificates of conviction setting forth sentences of three 36 hundred sixty-four days or less. The court shall implement this 37 provision within ninety days of the effective date of the chapter of the 38 laws of two thousand twenty-three that amended this paragraph. 39 § 12. Paragraph (a) of subdivision 1 of section 70.20 of the penal 40 law, as amended by section 124 of subpart B of part C of chapter 62 of 41 the laws of 2011, is amended to read as follows: 42 (a) Indeterminate or determinate sentence. Except as provided in 43 subdivision four of this section, when an indeterminate or determinate 44 sentence of imprisonment is imposed, the court shall commit the defend- 45 ant to the custody of the state department of corrections and community 46 supervision for the term of [his or her] their sentence and until 47 released in accordance with the law[; provided, however, that a defend- 48 ant sentenced pursuant to subdivision seven of section 70.06 shall be 49 committed to the custody of the state department of corrections and 50 community supervision for immediate delivery to a reception center oper- 51 ated by the department]. 52 § 13. Section 70.25 of the penal law, subdivision 1 as amended and 53 subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a) 54 of subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of subdi- 55 vision 5 as amended by chapter 3 of the laws of 1995, subdivision 2 as 56 amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by
A. 1297 8 1 chapter 495 of the laws of 2009, subdivisions 2-c and 2-d as added by 2 chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122 3 of the laws of 1996, subdivision 2-f as added by chapter 1 of the laws 4 of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and 5 subdivision 4 as added by chapter 782 of the laws of 1975, is amended to 6 read as follows: 7 § 70.25 Concurrent and consecutive terms of imprisonment. 8 1. Except as provided in [subdivisions] subdivision two[, two-a and 9 five] of this section, when multiple sentences of imprisonment are 10 imposed on a person at the same time, or when a person who is subject to 11 any undischarged term of imprisonment imposed at a previous time by a 12 court of this state is sentenced to an additional term of imprisonment, 13 the sentence or sentences imposed by the court shall run either concur- 14 rently or consecutively with respect to each other and the undischarged 15 term or terms in such manner as the court directs at the time of 16 sentence. If the court does not specify the manner in which a sentence 17 imposed by it is to run, the sentence shall run as follows: 18 (a) An indeterminate or determinate sentence shall run concurrently 19 with all other terms; and 20 (b) A definite sentence shall run concurrently with [any sentence 21 imposed at the same time and shall be consecutive to any other term] all 22 other terms. 23 2. When more than one sentence of imprisonment is imposed on a person 24 for two or more offenses committed through a single act or omission, or 25 through an act or omission which in itself constituted one of the 26 offenses and also was a material element of the other, the sentences, 27 except if one or more of such sentences is for a violation of section 28 270.20 of this chapter, must run concurrently. 29 [2-a. When an indeterminate or determinate sentence of imprisonment is 30 imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10, subdivi- 31 sion three or four of section 70.70, subdivision three or four of 32 section 70.71 or subdivision five of section 70.80 of this article, or 33 is imposed for a class A-I felony pursuant to section 70.00 of this 34 article, and such person is subject to an undischarged indeterminate or 35 determinate sentence of imprisonment imposed prior to the date on which 36 the present crime was committed, the court must impose a sentence to run 37 consecutively with respect to such undischarged sentence. 38 2-b. When a person is convicted of a violent felony offense committed 39 after arraignment and while released on recognizance or bail, but 40 committed prior to the imposition of sentence on a pending felony 41 charge, and if an indeterminate or determinate sentence of imprisonment 42 is imposed in each case, such sentences shall run consecutively. 43 Provided, however, that the court may, in the interest of justice, order 44 a sentence to run concurrently in a situation where consecutive 45 sentences are required by this subdivision if it finds either mitigating 46 circumstances that bear directly upon the manner in which the crime was 47 committed or, where the defendant was not the sole participant in the 48 crime, the defendant's participation was relatively minor although not 49 so minor as to constitute a defense to the prosecution. The defendant 50 and the district attorney shall have an opportunity to present relevant 51 information to assist the court in making this determination and the 52 court may, in its discretion, conduct a hearing with respect to any 53 issue bearing upon such determination. If the court determines that 54 consecutive sentences should not be ordered, it shall make a statement 55 on the record of the facts and circumstances upon which such determi- 56 nation is based.
A. 1297 9 1 2-c. When a person is convicted of bail jumping in the second degree 2 as defined in section 215.56 or bail jumping in the first degree as 3 defined in section 215.57 committed after arraignment and while released 4 on recognizance or bail in connection with a pending indictment or 5 information charging one or more felonies, at least one of which he is 6 subsequently convicted, and if an indeterminate sentence of imprisonment 7 is imposed in each case, such sentences shall run consecutively. 8 Provided, however, that the court may, in the interest of justice, order 9 a sentence to run concurrently in a situation where consecutive 10 sentences are required by this subdivision if it finds mitigating 11 circumstances that bear directly upon the manner in which the crime was 12 committed. The defendant and the district attorney shall have an oppor- 13 tunity to present relevant information to assist the court in making 14 this determination and the court may, in its discretion, conduct a hear- 15 ing with respect to any issue bearing upon such determination. If the 16 court determines that consecutive sentences should not be ordered, it 17 shall make a statement on the record of the facts and circumstances upon 18 which such determination is based. 19 2-d. When a person is convicted of escape in the second degree as 20 defined in section 205.10 or escape in the first degree as defined in 21 section 205.15 committed after issuance of a securing order, as defined 22 in subdivision five of section 500.10 of the criminal procedure law, in 23 connection with a pending indictment or information charging one or more 24 felonies, at least one of which he is subsequently convicted, and if an 25 indeterminate sentence of imprisonment is imposed in each case, such 26 sentences shall run consecutively. Provided, however, that the court 27 may, in the interest of justice, order a sentence to run concurrently in 28 a situation where consecutive sentences are required by this subdivision 29 if it finds mitigating circumstances that bear directly upon the manner 30 in which the crime was committed. The defendant and the district attor- 31 ney shall have an opportunity to present relevant information to assist 32 the court in making this determination and the court may, in its 33 discretion, conduct a hearing with respect to any issue bearing upon 34 such determination. If the court determines that consecutive sentences 35 should not be ordered, it shall make a statement on the record of the 36 facts and circumstances upon which such determination is based. 37 2-e.] 2-a. Whenever a person is convicted of course of sexual conduct 38 against a child in the first degree as defined in section 130.75 or 39 course of sexual conduct against a child in the second degree as defined 40 in section 130.80 and any other crime under article one hundred thirty 41 committed against the same child and within the period charged under 42 section 130.75 or 130.80, the sentences must run concurrently. 43 [2-f.] 2-b. Whenever a person is convicted of facilitating a sex 44 offense with a controlled substance as defined in section 130.90 of this 45 chapter, the sentence imposed by the court for such offense may be 46 ordered to run consecutively to any sentence imposed upon conviction of 47 an offense defined in article one hundred thirty of this chapter arising 48 from the same criminal transaction. 49 [2-g.] 2-c. Whenever a person is convicted of unlawful manufacture of 50 methamphetamine in the third degree as defined in section 220.73 of this 51 chapter, unlawful manufacture of methamphetamine in the second degree as 52 defined in section 220.74 of this chapter, or unlawful manufacture of 53 methamphetamine in the first degree as defined in section 220.75 of this 54 chapter, or any attempt to commit any of such offenses, and such person 55 is also convicted, with respect to such unlawful methamphetamine labora- 56 tory, of unlawful disposal of methamphetamine laboratory material as
A. 1297 10 1 defined in section 220.76 of this chapter, the sentences must run 2 concurrently. 3 3. Where consecutive definite sentences of imprisonment are not 4 prohibited by subdivision two of this section and are imposed on a 5 person for offenses which were committed as parts of a single incident 6 or transaction, the aggregate of the terms of such sentences shall not 7 exceed one year. 8 4. When a person, who is subject to any undischarged term of imprison- 9 ment imposed at a previous time by a court of another jurisdiction, is 10 sentenced to an additional term or terms of imprisonment by a court of 11 this state, the sentence or sentences imposed by the court of this 12 state, subject to the provisions of subdivisions one, two and three of 13 this section, shall run either concurrently or consecutively with 14 respect to such undischarged term in such manner as the court directs at 15 the time of sentence. If the court of this state does not specify the 16 manner in which a sentence imposed by it is to run, the sentence or 17 sentences shall run [consecutively] concurrently. 18 [5. (a) Except as provided in paragraph (c) of this subdivision, when 19 a person is convicted of assault in the second degree, as defined in 20 subdivision seven of section 120.05 of this chapter, any definite, inde- 21 terminate or determinate term of imprisonment which may be imposed as a 22 sentence upon such conviction shall run consecutively to any undisc- 23 harged term of imprisonment to which the defendant was subject and for 24 which he was confined at the time of the assault. 25 (b) Except as provided in paragraph (c) of this subdivision, when a 26 person is convicted of assault in the second degree, as defined in 27 subdivision seven of section 120.05 of this chapter, any definite, inde- 28 terminate or determinate term of imprisonment which may be imposed as a 29 sentence upon such conviction shall run consecutively to any term of 30 imprisonment which was previously imposed or which may be prospectively 31 imposed where the person was confined within a detention facility at the 32 time of the assault upon a charge which culminated in such sentence of 33 imprisonment. 34 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 35 subdivision, a term of imprisonment imposed upon a conviction to assault 36 in the second degree as defined in subdivision seven of section 120.05 37 of this chapter may run concurrently to any other term of imprisonment, 38 in the interest of justice, provided the court sets forth in the record 39 its reasons for imposing a concurrent sentence. Nothing in this section 40 shall require the imposition of a sentence of imprisonment where it is 41 not otherwise required by law.] 42 § 14. Paragraphs (a) and (f) of subdivision 1 and the opening para- 43 graph of subdivision 3 of section 70.30 of the penal law, paragraph (a) 44 of subdivision 1 as amended by chapter 3 of the laws of 1995, paragraph 45 (f) of subdivision 1 as added by chapter 481 of the laws of 1978 and as 46 relettered by chapter 3 of the laws of 1995, and the opening paragraph 47 of subdivision 3 as amended by chapter 1 of the laws of 1998, are 48 amended to read as follows: 49 (a) If the sentences run concurrently, the time served under imprison- 50 ment on any of the sentences shall be credited against the minimum and 51 maximum periods of all the concurrent indeterminate sentences and 52 against the terms of all the concurrent determinate sentences. The maxi- 53 mum term or terms of the indeterminate sentences and the term or terms 54 of the determinate sentences shall merge in and be satisfied by 55 discharge of the term which has the longest unexpired time to run;
A. 1297 11 1 (f) The aggregate maximum term of consecutive sentences imposed upon a 2 juvenile offender for two or more crimes, not including a class A felo- 3 ny, committed before [he has] they have reached the age of sixteen, 4 shall, if it exceeds ten years, be deemed to be ten years. If consec- 5 utive indeterminate sentences imposed upon a juvenile offender include a 6 sentence for the class A felony of arson in the first degree or for the 7 class A felony of kidnapping in the first degree, then the aggregate 8 maximum term of such sentences shall, if it exceeds fifteen years, be 9 deemed to be fifteen years. Where the aggregate maximum term of two or 10 more consecutive sentences is reduced by a calculation made pursuant to 11 this paragraph, the aggregate minimum period of imprisonment, if it 12 exceeds [one-half] one-third of the aggregate maximum term as so 13 reduced, shall be deemed to be [one-half] one-third of the aggregate 14 maximum term as so reduced. 15 The term of a definite sentence, a determinate sentence, or the maxi- 16 mum term of an indeterminate sentence imposed on a person shall be cred- 17 ited with and diminished by the amount of time the person spent in 18 custody prior to the commencement of such sentence as a result of [the] 19 any pending charge [that culminated in the sentence]. In the case of an 20 indeterminate sentence, if the minimum period of imprisonment has been 21 fixed by the court or by the board of parole, the credit shall also be 22 applied against the minimum period. The credit herein provided shall be 23 calculated from the date custody under the charge commenced to the date 24 the sentence commences and shall not include any time that is credited 25 against the term or maximum term of any previously imposed sentence or 26 period of post-release supervision to which the person is subject. 27 Provided, however, that when a person is subject to an undischarged term 28 of imprisonment or post-release supervision following parole release, 29 presumptive release or conditional release from an indeterminate 30 sentence, or conditional release or maximum expiration of a determinate 31 sentence, and is held in pretrial custody in a local correctional facil- 32 ity on a new charge or charges that culminate in an indeterminate or 33 determinate term of imprisonment, the time spent in pre-trial custody in 34 a local correctional facility on such charge or charges, from the date 35 custody commenced to the date of commencement of the subsequently 36 imposed indeterminate or determinate sentence, shall be credited as jail 37 time; and provided further that when jail time is credited in such 38 manner the time spent in pre-trial custody shall not be credited to the 39 previously imposed sentence to which the person is subject. Where the 40 charge or charges culminate in more than one sentence, the credit shall 41 be applied as follows: 42 § 15. Section 10 of chapter 339 of the laws of 1972, amending the 43 correction law and the penal law relating to inmate work release, 44 furlough and leave, as amended by section 6 of part A of chapter 55 of 45 the laws of 2023, is amended to read as follows: 46 § 10. This act shall take effect 30 days after it shall have become a 47 law [and]; provided that sections one through eight of this act shall 48 remain in effect until September 1, 2025[,]; and provided further that 49 the commissioner of correctional services shall report each January 50 first, and July first, to the [chairman] chair of the senate crime 51 victims, crime and correction committee, the senate codes committee, the 52 assembly correction committee, and the assembly codes committee, the 53 number of eligible [inmates] incarcerated individuals in each facility 54 under the custody and control of the commissioner who have applied for 55 participation in any program offered under the provisions of work
A. 1297 12 1 release, furlough, or leave, and the number of such [inmates] incarcer- 2 ated individuals who have been approved for participation. 3 § 16. Section 70.35 of the penal law, as amended by section 127-a of 4 subpart B of part C of chapter 62 of the laws of 2011, is amended to 5 read as follows: 6 § 70.35 Merger of certain definite and indeterminate or determinate 7 sentences. 8 The service of an indeterminate or determinate sentence of imprison- 9 ment shall satisfy any definite sentence of imprisonment imposed on a 10 person for an offense committed prior to the time the indeterminate or 11 determinate sentence was imposed, [except as provided in paragraph (b) 12 of subdivision five of section 70.25 of this article]. A person who is 13 serving a definite sentence at the time an indeterminate or determinate 14 sentence is imposed shall be delivered to the custody of the state 15 department of corrections and community supervision to commence service 16 of the indeterminate or determinate sentence immediately [unless the 17 person is serving a definite sentence pursuant to paragraph (b) of 18 subdivision five of section 70.25 of this article]. In any case where 19 the indeterminate or determinate sentence is revoked or vacated, the 20 person shall receive credit against the definite sentence for each day 21 spent in the custody of the state department of corrections and communi- 22 ty supervision. 23 § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 24 laws of 1997, amending the military law and other laws relating to vari- 25 ous provisions, as amended by section 13 of part A of chapter 55 of the 26 laws of 2023, is amended to read as follows: 27 a. sections forty-three through [forty-five] forty-four of this act 28 shall expire and be deemed repealed on September 1, 2025; 29 § 18. Subdivisions (f), (g) and (h) of section 15 of part E of chapter 30 62 of the laws of 2003, amending the correction law and other laws 31 relating to various provisions, are amended to read as follows: 32 (f) the amendments made to subdivision 2 of section 259-c of the exec- 33 utive law made by section seven of this act shall not affect the expira- 34 tion of such subdivision and shall be deemed to expire therewith; and 35 (g) the amendments to paragraph (a) of subdivision 2 and subparagraph 36 (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i 37 of the executive law made by section eleven of this act shall not affect 38 the expiration of such paragraph (a) of subdivision 2, such subparagraph 39 (i) of paragraph (a) and such paragraph (d) of subdivision 3 and shall 40 be deemed to expire therewith[; and 41 (h) paragraph (c) of subdivision 1 of section 70.40 of the penal law 42 as added by section thirteen of this act shall expire and be deemed 43 repealed on the same date as subdivision 6 of section 76 of chapter 435 44 of the laws of 1997, as amended]. 45 § 19. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law, 46 subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision 47 2 as amended and subdivision 2-a as added by chapter 7 of the laws of 48 2007, paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 as 49 amended by chapter 31 of the laws of 2019, and subdivision 3 as added by 50 chapter 1 of the laws of 1998, are amended to read as follows: 51 1. In general. When a court imposes a determinate sentence it shall in 52 each case state not only the term of imprisonment, but also an addi- 53 tional period of post-release supervision as determined pursuant to this 54 article. Such period shall commence as provided in subdivision five of 55 this section and a violation of any condition of supervision occurring 56 at any time during such period of post-release supervision shall subject
A. 1297 13 1 the defendant to a further period of imprisonment up to the balance of 2 the remaining period of post-release supervision, not to exceed five 3 years; provided, however, that a defendant serving a term of post-re- 4 lease supervision for a conviction of a felony sex offense, as defined 5 in section 70.80 of this article, may be subject to a further period of 6 imprisonment up to the balance of the remaining period of post-release 7 supervision. Notwithstanding any other provision of law to the contra- 8 ry, no person serving a period of post-release supervision shall be 9 confined in a correctional facility, including a residential treatment 10 facility as defined in subdivision six of section two of the correction 11 law, except following a revocation hearing as set forth in section two 12 hundred fifty-nine-i of the executive law. Such maximum limits shall not 13 preclude a longer period of further imprisonment for a violation where 14 the defendant is subject to indeterminate and determinate sentences. 15 2. Period of post-release supervision for other than felony sex 16 offenses. The period of post-release supervision for a determinate 17 sentence, other than a determinate sentence imposed for a felony sex 18 offense as defined in paragraph (a) of subdivision one of section 70.80 19 of this article, shall [be] not exceed five years except that: 20 (a) such period shall [be] not exceed one year whenever a determinate 21 sentence of imprisonment is imposed pursuant to subdivision two of 22 section 70.70 of this article or subdivision nine of section 60.12 of 23 this title upon a conviction of a class D or class E felony offense; 24 (b) 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 two of section 70.70 of this article or subdivision 27 nine of section 60.12 of this title upon a conviction of a class B or 28 class C felony offense; 29 (c) such period shall be not [less than one year nor] more than two 30 years whenever a determinate sentence of imprisonment is imposed pursu- 31 ant to [subdivision three or four of section 70.70 of this article upon 32 conviction of a class D or class E felony offense or] subdivision ten of 33 section 60.12 of this title; 34 (d) 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 or four of section 70.70 of this 37 article upon conviction of a class B felony or class C felony offense 38 or] subdivision eleven of section 60.12 of this title; 39 (e) such period shall be not [less than one and one-half years nor] 40 more than three years whenever a determinate sentence of imprisonment is 41 imposed pursuant to subdivision [three] two of section 70.02 of this 42 article or subdivision two or eight of section 60.12 of this title upon 43 a conviction of a class D or class E violent felony offense or subdivi- 44 sion four, five, six, or seven of section 60.12 of this title; 45 (f) such period shall be not [less than two and one-half years nor] 46 more than five years whenever a determinate sentence of imprisonment is 47 imposed pursuant to subdivision [three] two of section 70.02 of this 48 article or subdivision two or eight of section 60.12 of this title upon 49 a conviction of a class B or class C violent felony offense. 50 2-a. Periods of post-release supervision for felony sex offenses. The 51 period of post-release supervision for a determinate sentence imposed 52 for a felony sex offense as defined in paragraph (a) of subdivision one 53 of section 70.80 of this article shall be as follows: 54 (a) not [less than three years nor] more than ten years whenever a 55 determinate sentence of imprisonment is imposed pursuant to subdivision
A. 1297 14 1 four of section 70.80 of this article upon a conviction of a class D or 2 class E felony sex offense; 3 (b) not [less than five years nor] more than fifteen years whenever a 4 determinate sentence of imprisonment is imposed pursuant to subdivision 5 four of section 70.80 of this article upon a conviction of a class C 6 felony sex offense; 7 (c) not [less than five years nor] more than twenty years whenever a 8 determinate sentence of imprisonment is imposed pursuant to subdivision 9 four of section 70.80 of this article upon a conviction of a class B 10 felony sex offense; 11 (d) not [less than three years nor] more than ten years whenever a 12 determinate sentence is imposed pursuant to subdivision [three] two of 13 section 70.02 of this article upon a conviction of a class D or class E 14 violent felony sex offense as defined in paragraph (b) of subdivision 15 one of section 70.80 of this article; 16 (e) not [less than five years nor] more than fifteen years whenever a 17 determinate sentence is imposed pursuant to subdivision [three] two of 18 section 70.02 of this article upon a conviction of a class C violent 19 felony sex offense as defined in section 70.80 of this article; 20 (f) not [less than five years nor] more than twenty years whenever a 21 determinate sentence is imposed pursuant to subdivision [three] two of 22 section 70.02 of this article upon a conviction of a class B violent 23 felony sex offense as defined in section 70.80 of this article; 24 (g) not [less than five years nor] more than fifteen years whenever a 25 determinate sentence of imprisonment is imposed pursuant to [either 26 section 70.04, section 70.06, or subdivision five of] section 70.80 of 27 this article upon a conviction of a class D or class E violent or non- 28 violent felony sex offense as defined in section 70.80 of this article; 29 (h) not [less than seven years nor] more than twenty years whenever a 30 determinate sentence of imprisonment is imposed pursuant to [either 31 section 70.04, section 70.06, or subdivision five of] section 70.80 of 32 this article upon a conviction of a class C violent or non-violent felo- 33 ny sex offense as defined in section 70.80 of this article; and 34 (i) such period shall be not [less than ten years nor] more than twen- 35 ty-five years whenever a determinate sentence of imprisonment is imposed 36 pursuant to [either section 70.04, section 70.06, or subdivision five 37 of] section 70.80 of this article upon a conviction of a class B violent 38 or non-violent felony sex offense as defined in section 70.80 of this 39 article[; and 40 (j) such period shall be not less than ten years nor more than twenty 41 years whenever any determinate sentence of imprisonment is imposed 42 pursuant to subdivision four of section 70.07 of this article]. 43 3. Conditions of post-release supervision. The board of parole shall 44 establish and impose conditions of post-release supervision in the same 45 manner and to the same extent as it may establish and impose conditions 46 in accordance with the executive law upon persons who are granted parole 47 or conditional release[; provided that, notwithstanding any other 48 provision of law, the board of parole may impose as a condition of post- 49 release supervision that for a period not exceeding six months imme- 50 diately following release from the underlying term of imprisonment the 51 person be transferred to and participate in the programs of a residen- 52 tial treatment facility as that term is defined in subdivision six of 53 section two of the correction law]. Upon release from the underlying 54 term of imprisonment, the person shall be furnished with a written 55 statement setting forth the conditions of post-release supervision in 56 sufficient detail to provide for the person's conduct and supervision.
A. 1297 15 1 § 20. Subdivisions 1 and 2 of section 70.70 of the penal law, as added 2 by chapter 738 of the laws of 2004, paragraphs (a) and (b) of subdivi- 3 sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter 4 92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision 5 2 as amended by section 21 and paragraph (d) of subdivision 2 as added 6 by section 23 of part AAA of chapter 56 of the laws of 2009, are amended 7 to read as follows: 8 1. For the purposes of this section, [the following terms shall mean: 9 (a) "Felony] "felony drug offender" means a defendant who stands 10 convicted of any felony, defined in article two hundred twenty or two 11 hundred twenty-two of this chapter other than a class A felony. 12 [(b) "Second felony drug offender" means a second felony offender as 13 that term is defined in subdivision one of section 70.06 of this arti- 14 cle, who stands convicted of any felony, defined in article two hundred 15 twenty or two hundred twenty-two of this chapter other than a class A 16 felony. 17 (c) "Violent felony" shall have the same meaning as that term is 18 defined in subdivision one of section 70.02 of this article.] 19 2. [Except as provided in subdivision three or four of this section, 20 a] (a) Term of sentence. The term of sentence [of imprisonment] for a 21 felony drug offender shall be fixed by the court. The court may impose a 22 definite sentence of imprisonment and fix a term of less than one year. 23 If a court finds that a sentence of imprisonment of more than one year 24 is the minimum term of imprisonment necessary to achieve the goals of 25 sentencing, the court shall impose a determinate sentence as provided in 26 paragraph [(a)] (b) of this subdivision. 27 [(a)] (b) Term of determinate sentence. [Except as provided in para- 28 graph (b) or (c) of this subdivision, the court shall impose a] A deter- 29 minate term of imprisonment [upon a felony drug offender which] shall be 30 imposed by the court in whole or half years, which shall include as a 31 part thereof a period of post-release supervision in accordance with 32 section 70.45 of this article. The terms of imprisonment authorized for 33 such determinate sentences are as follows: 34 (i) for a class B felony, the term shall [be at least one year and 35 shall] not exceed nine years[, except that for the class B felony of 36 criminal sale of a controlled substance in or near school grounds as 37 defined in subdivision two of section 220.44 of this chapter or on a 38 school bus as defined in subdivision seventeen of section 220.00 of this 39 chapter or criminal sale of a controlled substance to a child as defined 40 in section 220.48 of this chapter, the term shall be at least two years 41 and shall not exceed nine years]; 42 (ii) for a class C felony, the term shall [be at least one year and 43 shall] not exceed five and one-half years; 44 (iii) for a class D felony, the term shall [be at least one year and 45 shall] not exceed two and one-half years; and 46 (iv) for a class E felony, the term shall [be at least one year and 47 shall] not exceed one and one-half years. 48 [(b) Probation. Notwithstanding any other provision of law, the court 49 may sentence a defendant convicted of a class B, class C, class D or 50 class E felony offense defined in article two hundred twenty or two 51 hundred twenty-two of this chapter to probation in accordance with the 52 provisions of sections 60.04 and 65.00 of this chapter. 53 (c) Alternative definite sentence for class B, class C, class D, and 54 class E felonies. If the court, having regard to the nature and circum- 55 stances of the crime and to the history and character of the defendant, 56 is of the opinion that a sentence of imprisonment is necessary but that
A. 1297 16 1 it would be unduly harsh to impose a determinate sentence upon a person 2 convicted of a class C, class D or class E felony offense defined in 3 article two hundred twenty or two hundred twenty-two of this chapter, or 4 a class B felony defined in article two hundred twenty of this chapter, 5 other than the class B felony defined in section 220.48 of this chapter, 6 as added by a chapter of the laws of two thousand nine the court may 7 impose a definite sentence of imprisonment and fix a term of one year or 8 less. 9 (d) The court may direct that a determinate sentence imposed on a 10 defendant convicted of a class B felony, other than the class B felony 11 defined in section 220.48 of this chapter, pursuant to this subdivision 12 be executed as a sentence of parole supervision in accordance with 13 section 410.91 of the criminal procedure law.] 14 § 21. Subdivisions 3 and 4 of section 70.70 of the penal law are 15 REPEALED. 16 § 22. Section 70.71 of the penal law, as added by chapter 738 of the 17 laws of 2004, paragraph (a) of subdivision 2 as amended and subdivision 18 5 as added by section 26 of part AAA of chapter 56 of the laws of 2009, 19 is amended to read as follows: 20 § 70.71 Sentence of imprisonment for a class A felony drug offender. 21 1. For the purposes of this section, the following terms shall mean: 22 (a) "Felony drug offender" means a defendant who stands convicted of 23 any class A felony as defined in article two hundred twenty of this 24 chapter. 25 (b) ["Second felony drug offender" means a second felony offender as 26 that term is defined in subdivision one of section 70.06 of this arti- 27 cle, who stands convicted of and is to be sentenced for any class A 28 felony as defined in article two hundred twenty of this chapter. 29 (c)] "Violent felony offense" shall have the same meaning as that term 30 is defined in subdivision one of section 70.02 of this article. 31 2. Sentence of imprisonment for a first felony drug offender. 32 (a) Applicability. Except as provided in subdivision three[, four or 33 five] of this section, this subdivision shall apply to a person 34 convicted of a class A felony as defined in article two hundred twenty 35 of this chapter. 36 (b) Authorized sentence. The term of sentence shall be fixed by the 37 court. The court may impose a definite sentence of imprisonment and fix 38 a term of less than one year. If a court finds that a sentence of impri- 39 sonment is the minimum term of imprisonment necessary to achieve the 40 goals of sentencing, the court shall impose a determinate term of impri- 41 sonment which shall be imposed by the court in whole or half years and 42 which shall include as a part thereof a period of post-release super- 43 vision in accordance with section 70.45 of this article. The terms 44 authorized for such determinate sentences are as follows: 45 (i) for a class A-I felony, the term shall [be at least eight years 46 and shall] not exceed twenty years; 47 (ii) for a class A-II felony, the term shall [be at least three years 48 and shall] not exceed ten years. 49 [(c) Lifetime probation. Notwithstanding any other provision of law, 50 the court may sentence a defendant convicted of a class A-II felony 51 defined in article two hundred twenty of this chapter to lifetime 52 probation in accordance with the provisions of section 65.00 of this 53 chapter.] 54 3. [Sentence of imprisonment for a second felony drug offender.
A. 1297 17 1 (a) Applicability. This subdivision shall apply to a second felony 2 drug offender whose prior felony conviction or convictions did not 3 include one or more violent felony offenses. 4 (b) Authorized sentence. When the court has found pursuant to the 5 provisions of section 400.21 of the criminal procedure law that a 6 defendant is a second felony drug offender who stands convicted of a 7 class A felony as defined in article two hundred twenty or two hundred 8 twenty-one of this chapter, the court shall impose a determinate 9 sentence of imprisonment. Such determinate sentence shall include as a 10 part thereof a period of post-release supervision in accordance with 11 section 70.45 of this article. Such determinate sentence shall be 12 imposed by the court in whole or half years as follows: 13 (i) for a class A-I felony, the term shall be at least twelve years 14 and shall not exceed twenty-four years; 15 (ii) for a class A-II felony, the term shall be at least six years and 16 shall not exceed fourteen years. 17 (c) Lifetime probation. Notwithstanding any other provision of law, 18 the court may sentence a defendant convicted of a class A-II felony 19 defined in article two hundred twenty of this chapter to lifetime 20 probation in accordance with the provisions of section 65.00 of this 21 chapter. 22 4. Sentence of imprisonment for a second felony drug offender previ- 23 ously convicted of a violent felony offense. 24 (a) Applicability. This subdivision shall apply to a second felony 25 drug offender whose prior felony conviction was a violent felony. 26 (b) Authorized sentence. When the court has found pursuant to the 27 provisions of section 400.21 of the criminal procedure law that a 28 defendant is a second felony drug offender whose prior felony conviction 29 was a violent felony, who stands convicted of a class A felony as 30 defined in article two hundred twenty or two hundred twenty-one of this 31 chapter, the court shall impose a determinate sentence of imprisonment. 32 Such determinate sentence shall include as a part thereof a period of 33 post-release supervision in accordance with section 70.45 of this arti- 34 cle. Such determinate sentence shall be imposed by the court in whole or 35 half years as follows: 36 (i) for a class A-I felony, the term shall be at least fifteen years 37 and shall not exceed thirty years; 38 (ii) for a class A-II felony, the term shall be at least eight years 39 and shall not exceed seventeen years. 40 5.] Sentence of imprisonment for operating as a major trafficker. 41 (a) Applicability. This subdivision shall apply to a person convicted 42 of the class A-I felony of operating as a major trafficker as defined in 43 section 220.77 of this chapter. 44 (b) Authorized sentence. [Except as provided in paragraph (c) of this 45 subdivision, the] The term of sentence shall be fixed by the court. The 46 court may impose a definite sentence of imprisonment and fix a term of 47 less than one year. If a court finds that a sentence of imprisonment is 48 the minimum term of imprisonment necessary to achieve the goals of 49 sentencing, the court shall impose an indeterminate term of imprisonment 50 for an A-I felony, in accordance with the provisions of section 70.00 of 51 this article. 52 [(c) Alternative determinate sentence. If a defendant stands convicted 53 of violating section 220.77 of this chapter, and if the court, having 54 regard to the nature and circumstances of the crime and the history and 55 character of the defendant, is of the opinion that a sentence of impri- 56 sonment is necessary but that it would be unduly harsh to impose the
A. 1297 18 1 indeterminate sentence for a class A-I felony specified under section 2 70.00 of this article, the court may instead impose the determinate 3 sentence of imprisonment authorized by clause (i) of subparagraph (b) of 4 subdivision two of this section for a class A-I drug felony; in such 5 case, the reasons for the court's opinion shall be set forth on the 6 record.] 7 § 23. Section 70.80 of the penal law, as added by chapter 7 of the 8 laws of 2007, paragraph (a) of subdivision 1 as amended by chapter 368 9 of the laws of 2015, is amended to read as follows: 10 § 70.80 Sentences of imprisonment for conviction of a felony sex 11 offense. 12 1. Definitions. (a) For the purposes of this section, a "felony sex 13 offense" means a conviction of any felony defined in article one hundred 14 thirty of this chapter, including a sexually motivated felony, or 15 patronizing a person for prostitution in the first degree as defined in 16 section 230.06 of this chapter, patronizing a person for prostitution in 17 the second degree as defined in section 230.05 of this chapter, aggra- 18 vated patronizing a minor for prostitution in the third degree as 19 defined in section 230.11 of this chapter, aggravated patronizing a 20 minor for prostitution in the second degree as defined in section 230.12 21 of this chapter, aggravated patronizing a minor for prostitution in the 22 first degree as defined in section 230.13 of this chapter, incest in the 23 second degree as defined in section 255.26 of this chapter, or incest in 24 the first degree as defined in section 255.27 of this chapter, or a 25 felony attempt or conspiracy to commit any of the above. 26 (b) A felony sex offense shall be deemed a "violent felony sex 27 offense" if it is for an offense defined as a violent felony offense in 28 section 70.02 of this article, or for a sexually motivated felony as 29 defined in section 130.91 of this chapter where the specified offense is 30 a violent felony offense as defined in section 70.02 of this article. 31 (c) [For the purposes of this section, a "predicate felony sex offen- 32 der" means a person who stands convicted of any felony sex offense as 33 defined in paragraph (a) of this subdivision, other than a class A-I 34 felony, after having previously been subjected to one or more predicate 35 felony convictions as defined in subdivision one of section 70.06 or 36 subdivision one of section 70.04 of this article. 37 (d)] For purposes of this section, a "violent felony offense" is any 38 felony defined in subdivision one of section 70.02 of this article, and 39 a "non-violent felony offense" is any felony not defined therein. 40 2. In imposing a sentence within the authorized statutory range for 41 any felony sex offense, the court may consider all relevant factors set 42 forth in section 1.05 of this chapter, and in particular, may consider 43 the defendant's criminal history, if any, including any history of sex 44 offenses; any mental illness or mental abnormality from which the 45 defendant may suffer; the defendant's ability or inability to control 46 [his] their sexual behavior; and, if the defendant has difficulty 47 controlling such behavior, the extent to which that difficulty may pose 48 a threat to society. 49 3. Except as provided by subdivision four, five, six[,] or seven [or 50 eight] of this section, or when a defendant is being sentenced for a 51 conviction of the class A-II felonies of predatory sexual assault and 52 predatory sexual assault against a child as defined in sections 130.95 53 and 130.96 of this chapter, or for any class A-I sexually motivated 54 felony for which a life sentence or a life without parole sentence 55 [must] may be imposed, a sentence imposed upon a defendant convicted of 56 a felony sex offense shall be fixed by the court. The court may impose
A. 1297 19 1 a definite sentence of imprisonment and fix a term of less than one 2 year. If a court finds that a sentence of imprisonment is the minimum 3 term of imprisonment necessary to achieve the goals of sentencing, the 4 court shall impose a determinate sentence. The determinate sentence 5 shall be imposed by the court in whole or half years, and shall include 6 as a part thereof a period of post-release supervision in accordance 7 with subdivision two-a of section 70.45 of this article. [Persons eligi- 8 ble for sentencing under section 70.07 of this article governing second 9 child sexual assault felonies shall be sentenced under such section and 10 paragraph (j) of subdivision two-a of section 70.45 of this article.] 11 4. [(a)] Sentences of imprisonment for felony sex offenses. Except as 12 provided in subdivision five, six[,] or seven[, or eight] of this 13 section, the term of the determinate sentence must be fixed by the court 14 as follows: 15 [(i)] (a) for a class B felony, the term must [be at least five years 16 and must] not exceed twenty-five years; 17 [(ii)] (b) for a class C felony, the term must [be at least three and 18 one-half years and must] not exceed fifteen years; 19 [(iii)] (c) for a class D felony, the term must [be at least two years 20 and must] not exceed seven years; and 21 [(iv)] (d) for a class E felony, the term must [be at least one and 22 one-half years and must] not exceed four years. 23 [(b) Probation. The court may sentence a defendant convicted of a 24 class D or class E felony sex offense to probation in accordance with 25 the provisions of section 65.00 of this title. 26 (c) Alternative definite sentences for class D and class E felony sex 27 offenses. If the court, having regard to the nature and circumstances of 28 the crime and to the history and character of the defendant, is of the 29 opinion that a sentence of imprisonment is necessary but that it would 30 be unduly harsh to impose a determinate sentence upon a person convicted 31 of a class D or class E felony sex offense, the court may impose a defi- 32 nite sentence of imprisonment and fix a term of one year or less. 33 5. Sentence of imprisonment for a predicate felony sex offender. (a) 34 Applicability. This subdivision shall apply to a predicate felony sex 35 offender who stands convicted of a non-violent felony sex offense and 36 who was previously convicted of one or more felonies. 37 (b) Non-violent predicate felony offense. When the court has found, 38 pursuant to the provisions of the criminal procedure law, that a person 39 is a predicate felony sex offender, and the person's predicate 40 conviction was for a non-violent felony offense, the court must impose a 41 determinate sentence of imprisonment, the term of which must be fixed by 42 the court as follows: 43 (i) for a class B felony, the term must be at least eight years and 44 must not exceed twenty-five years; 45 (ii) for a class C felony, the term must be at least five years and 46 must not exceed fifteen years; 47 (iii) for a class D felony, the term must be at least three years and 48 must not exceed seven years; and 49 (iv) for a class E felony, the term must be at least two years and 50 must not exceed four years. 51 (c) Violent predicate felony offense. When the court has found, pursu- 52 ant to the provisions of the criminal procedure law, that a person is a 53 predicate felony sex offender, and the person's predicate conviction was 54 for a violent felony offense, the court must impose a determinate 55 sentence of imprisonment, the term of which must be fixed by the court 56 as follows:
A. 1297 20 1 (i) for a class B felony, the term must be at least nine years and 2 must not exceed twenty-five years; 3 (ii) for a class C felony, the term must be at least six years and 4 must not exceed fifteen years; 5 (iii) for a class D felony, the term must be at least four years and 6 must not exceed seven years; and 7 (iv) for a class E felony, the term must be at least two and one-half 8 years and must not exceed four years. 9 (d) A defendant who stands convicted of a non-violent felony sex 10 offense, other than a class A-I or class A-II felony, who is adjudicated 11 a persistent felony offender under section 70.10 of this article, shall 12 be sentenced pursuant to the provisions of section 70.10 or pursuant to 13 this subdivision. 14 6.] 5. Sentence of imprisonment for a violent felony sex offense. 15 Except as provided in subdivisions six and seven [and eight] of this 16 section, a defendant who stands convicted of a violent felony sex 17 offense must be sentenced pursuant to the provisions of section 70.02[, 18 section 70.04, subdivision six of section 70.06, section 70.08, or 19 section 70.10] of this article, as applicable. 20 [7.] 6. Sentence for a class A felony sex offense. When a person 21 stands convicted of a sexually motivated felony pursuant to section 22 130.91 of this chapter and the specified offense is a class A felony, 23 the court must sentence the defendant in accordance with the provisions 24 of: 25 (a) section 60.06 of this [chapter] title and section 70.00 of this 26 article, as applicable, if such offense is a class A-I felony; and 27 (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if 28 such offense is a class A-II felony. 29 [8.] 7. Whenever a juvenile offender stands convicted of a felony sex 30 offense, [he or she] they must be sentenced pursuant to the provisions 31 of sections 60.10 and 70.05 of this [chapter] title. 32 [9.] 8. Every determinate sentence for a felony sex offense, as 33 defined in paragraph (a) of subdivision one of this section, imposed 34 pursuant to any section of this article, shall include as a part thereof 35 a period of post-release supervision in accordance with subdivision 36 two-a of section 70.45 of this article. 37 § 24. Paragraph (b) of subdivision 3 of section 60.01 of the penal 38 law, as amended by chapter 548 of the laws of 1984, is amended to read 39 as follows: 40 (b) A fine authorized by article eighty[, provided, however, that when 41 the conviction is of a class B felony or of any felony defined in arti- 42 cle two hundred twenty, the sentence shall not consist solely of a fine] 43 of this title; or 44 § 25. Subdivision 2 of section 60.02 of the penal law, as amended by 45 chapter 471 of the laws of 1980, is amended to read as follows: 46 (2) If the sentence is to be imposed upon a youthful offender finding 47 which has been substituted for a conviction for any felony, the court 48 must impose a sentence authorized to be imposed upon a person convicted 49 of a class E felony [provided, however, that the court must not impose a 50 sentence of conditional discharge or unconditional discharge if the 51 youthful offender finding was substituted for a conviction of a felony 52 defined in article two hundred twenty of this chapter]. 53 § 26. Section 60.04 of the penal law, as added by chapter 738 of the 54 laws of 2004, subdivisions 3 and 5 as amended by section 17 of part AAA 55 of chapter 56 of the laws of 2009, subdivision 6 as amended by section 56 120 of subpart B of part C of chapter 62 of the laws of 2011 and subdi-
A. 1297 21 1 vision 7 as amended by chapter 322 of the laws of 2021, is amended to 2 read as follows: 3 § 60.04 Authorized disposition; controlled substances [and marihuana 4 felony] offenses. 5 1. Applicability. Notwithstanding the provisions of any law, this 6 section shall govern the dispositions authorized when a person is to be 7 sentenced upon a conviction of a felony offense defined in article two 8 hundred twenty [or two hundred twenty-one] of this chapter [or when a 9 person is to be sentenced upon a conviction of such a felony as a multi- 10 ple felony offender as defined in subdivision five of this section]. 11 2. Class A felony. Every person convicted of a class A felony must be 12 sentenced [to imprisonment] in accordance with section 70.71 of this 13 title[, unless such person is convicted of a class A-II felony and is 14 sentenced to probation for life in accordance with section 65.00 of this 15 title]. 16 3. Class B felonies. Every person convicted of a class B felony must 17 be sentenced [to imprisonment] in accordance with the applicable 18 provisions of section 70.70 of this [chapter, a definite sentence of 19 imprisonment with a term of one year or less or probation in accordance 20 with section 65.00 of this chapter provided, however, a person convicted 21 of criminal sale of a controlled substance to a child as defined in 22 section 220.48 of this chapter must be sentenced to a determinate 23 sentence of imprisonment in accordance with the applicable provisions of 24 section 70.70 of this chapter or to a sentence of probation in accord- 25 ance with the opening paragraph of paragraph (b) of subdivision one of 26 section 65.00 of this chapter] title. 27 4. Alternative sentence. [Where a sentence of imprisonment or a 28 sentence of probation as an alternative to imprisonment is not required 29 to be imposed pursuant to subdivision two, three or five of this 30 section, the court may impose any other sentence authorized by section 31 60.01 of this article, provided that when the court imposes a sentence 32 of imprisonment, such sentence must be in accordance with section 70.70 33 of this title.] Where the court imposes a sentence of imprisonment in 34 accordance with this section, the court may also impose a fine author- 35 ized by article eighty of this title and in such case the sentence shall 36 be both imprisonment and a fine. 37 5. [Multiple felony offender. Where the court imposes a sentence 38 pursuant to subdivision three of section 70.70 of this chapter upon a 39 second felony drug offender, as defined in paragraph (b) of subdivision 40 one of section 70.70 of this chapter, it must sentence such offender to 41 imprisonment in accordance with the applicable provisions of section 42 70.70 of this chapter, a definite sentence of imprisonment with a term 43 of one year or less, or probation in accordance with section 65.00 of 44 this chapter, provided, however, that where the court imposes a sentence 45 upon a class B second felony drug offender, it must sentence such offen- 46 der to a determinate sentence of imprisonment in accordance with the 47 applicable provisions of section 70.70 of this chapter or to a sentence 48 of probation in accordance with the opening paragraph of paragraph (b) 49 of subdivision one of section 65.00 of this chapter. When the court 50 imposes sentence on a second felony drug offender pursuant to subdivi- 51 sion four of section 70.70 of this chapter, it must impose a determinate 52 sentence of imprisonment in accordance with such subdivision. 53 6.] Substance abuse treatment. When the court imposes a sentence of 54 imprisonment which requires a commitment to the state department of 55 corrections and community supervision [upon a person who stands 56 convicted of a controlled substance or marihuana offense], the court
A. 1297 22 1 may, upon motion of the defendant in its discretion, issue an order 2 directing that the department of corrections and community supervision 3 enroll the defendant in the comprehensive alcohol and substance abuse 4 treatment program in an alcohol and substance abuse correctional annex 5 as defined in subdivision eighteen of section two of the correction law, 6 provided that the defendant will satisfy the statutory eligibility 7 criteria for participation in such program. Notwithstanding the forego- 8 ing provisions of this subdivision, any defendant to be enrolled in such 9 program pursuant to this subdivision shall be governed by the same rules 10 and regulations promulgated by the department of corrections and commu- 11 nity supervision, including without limitation those rules and regu- 12 lations establishing requirements for completion and those rules and 13 regulations governing discipline and removal from the program. No such 14 period of court ordered corrections based drug abuse treatment pursuant 15 to this subdivision shall be required to extend beyond the defendant's 16 conditional release date. 17 [7.] 6. a. Shock incarceration participation. When the court imposes a 18 sentence of imprisonment which requires a commitment to the department 19 of corrections and community supervision upon a person [who stands 20 convicted of a controlled substance or marihuana offense], upon motion 21 of the defendant, the court may issue an order directing that the 22 department of corrections and community supervision enroll the defendant 23 in the shock incarceration program as defined in article twenty-six-A of 24 the correction law, provided that the defendant is an eligible incarcer- 25 ated individual, as described in subdivision one of section eight 26 hundred sixty-five of the correction law. Notwithstanding the foregoing 27 provisions of this subdivision, any defendant to be enrolled in such 28 program pursuant to this subdivision shall be governed by the same rules 29 and regulations promulgated by the department of corrections and commu- 30 nity supervision, including without limitation those rules and regu- 31 lations establishing requirements for completion and such rules and 32 regulations governing discipline and removal from the program. 33 b. (i) In the event that an incarcerated individual designated by 34 court order for enrollment in the shock incarceration program requires a 35 degree of medical care or mental health care that cannot be provided at 36 a shock incarceration facility, the department, in writing, shall notify 37 the incarcerated individual, provide a proposal describing a proposed 38 alternative-to-shock-incarceration program, and notify [him or her that 39 he or she] them that they may object in writing to placement in such 40 alternative-to-shock-incarceration program. If the incarcerated individ- 41 ual objects in writing to placement in such alternative-to-shock- 42 incarceration program, the department of corrections and community 43 supervision shall notify the sentencing court, provide such proposal to 44 the court, and arrange for the incarcerated individual's prompt appear- 45 ance before the court. The court shall provide the proposal and notice 46 of a court appearance to the people, the incarcerated individual and the 47 appropriate defense attorney. After considering the proposal and any 48 submissions by the parties, and after a reasonable opportunity for the 49 people, the incarcerated individual and counsel to be heard, the court 50 may modify its sentencing order accordingly, notwithstanding the 51 provisions of section 430.10 of the criminal procedure law. 52 (ii) An incarcerated individual who successfully completes an alterna- 53 tive-to-shock-incarceration program within the department of corrections 54 and community supervision shall be treated in the same manner as a 55 person who has successfully completed the shock incarceration program,
A. 1297 23 1 as set forth in subdivision four of section eight hundred sixty-seven of 2 the correction law. 3 § 27. Section 60.05 of the penal law, as amended by chapter 410 of the 4 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended 5 by chapter 738 of the laws of 2004, subdivision 1 as amended by chapter 6 7 of the laws of 2007, subdivision 5 as amended by chapter 405 of the 7 laws of 2010 and subdivision 8 as amended by chapter 486 of the laws of 8 2022, is amended to read as follows: 9 § 60.05 Authorized dispositions; other class A, B, certain C and D felo- 10 nies [and multiple felony offenders]. 11 1. Applicability. Except as provided in section 60.04 of this article 12 governing the authorized dispositions applicable to felony offenses 13 defined in article two hundred twenty [or two hundred twenty-one] of 14 this chapter or in section 60.13 of this article governing the author- 15 ized dispositions applicable to felony sex offenses defined in paragraph 16 (a) of subdivision one of section 70.80 of this title, this section 17 shall govern the dispositions authorized when a person is to be 18 sentenced upon a conviction of a class A felony, a class B felony or a 19 class C, class D or class E felony specified [herein, or when a person 20 is to be sentenced upon a conviction of a felony as a multiple felony 21 offender] in this section. 22 2. Class A felony. [Except as provided in subdivisions three and four 23 of section 70.06 of this chapter, every] Every person convicted of a 24 class A felony must be sentenced [to imprisonment] in accordance with 25 section 70.00 of this title[, unless such person is convicted of murder 26 in the first degree and is sentenced in accordance with section 60.06 of 27 this article]. 28 3. Class B felony. [Except as provided in subdivision six of this 29 section, every] Every person convicted of a class B violent felony 30 offense as defined in subdivision one of section 70.02 of this title, 31 must be sentenced [to imprisonment] in accordance with such section 32 [70.02]; and[, except as provided in subdivision six of this section,] 33 every person convicted of any other class B felony must be sentenced [to 34 imprisonment] in accordance with section 70.00 of this title. 35 4. Certain class C felonies. [Except as provided in subdivision six, 36 every] Every person convicted of a class C violent felony offense as 37 defined in subdivision one of section 70.02 of this title, must be 38 sentenced [to imprisonment] in accordance with section 70.02 of this 39 title[; and, except as provided in subdivision six of this section, 40 every person convicted of the class C felonies of: attempt to commit any 41 of the class B felonies of bribery in the first degree as defined in 42 section 200.04, bribe receiving in the first degree as defined in 43 section 200.12, conspiracy in the second degree as defined in section 44 105.15 and criminal mischief in the first degree as defined in section 45 145.12; criminal usury in the first degree as defined in section 190.42, 46 rewarding official misconduct in the first degree as defined in section 47 200.22, receiving reward for official misconduct in the first degree as 48 defined in section 200.27, attempt to promote prostitution in the first 49 degree as defined in section 230.32, promoting prostitution in the 50 second degree as defined in section 230.30, arson in the third degree as 51 defined in section 150.10 of this chapter, must be sentenced to impri- 52 sonment in accordance with section 70.00 of this title]. 53 5. Certain class D felonies. [Except as provided in subdivision six of 54 this section, every] Every person convicted of the class D felonies of 55 assault in the second degree as defined in section 120.05, strangulation 56 in the second degree as defined in section 121.12 or attempt to commit a
A. 1297 24 1 class C felony as defined in section 230.30 of this chapter, must be 2 sentenced in accordance with section 70.00 or 85.00 of this title. 3 6. [Multiple felony offender. When the court imposes sentence upon a 4 second violent felony offender, as defined in section 70.04, or a second 5 felony offender, as defined in section 70.06, the court must impose a 6 sentence of imprisonment in accordance with section 70.04 or 70.06, as 7 the case may be, unless it imposes a sentence of imprisonment in accord- 8 ance with section 70.08 or 70.10. 9 7.] Fines. Where the court imposes a sentence of imprisonment in 10 accordance with this section, the court also may impose a fine author- 11 ized by article eighty of this title and in such case the sentence shall 12 be both imprisonment and a fine. 13 [8.] 7. Shock incarceration participation. (a) When the court imposes 14 a determinate sentence of imprisonment pursuant to subdivision [three] 15 two of section 70.02 of this [chapter] title or subdivision six of 16 section 70.06 of this [chapter upon a person who stands convicted either 17 of burglary in the second degree as defined in subdivision two of 18 section 140.25 of this chapter or robbery in the second degree as 19 defined in subdivision one of section 160.10 of this chapter, or an 20 attempt thereof] title, upon motion of the defendant, the court may 21 issue an order directing that the department of corrections and communi- 22 ty supervision enroll the defendant in the shock incarceration program 23 as defined in article twenty-six-A of the correction law, provided that 24 the defendant is an eligible incarcerated individual, as described in 25 subdivision one of section eight hundred sixty-five of the correction 26 law. Notwithstanding the foregoing provisions of this subdivision, any 27 defendant to be enrolled in such program pursuant to this subdivision 28 shall be governed by the same rules and regulations promulgated by the 29 department of corrections and community supervision, including without 30 limitation those rules and regulations establishing requirements for 31 completion and such rules and regulations governing discipline and 32 removal from the program. 33 (b) Paragraph b of subdivision seven of section 60.04 of this article 34 shall apply in the event an incarcerated individual designated by court 35 order for enrollment in the shock incarceration program requires a 36 degree of medical care or mental health care that cannot be provided at 37 a shock incarceration facility. 38 § 28. Paragraph (ii) of subdivision b of section 60.09 of the penal 39 law, as added by chapter 410 of the laws of 1979, is amended to read as 40 follows: 41 (ii) if the conviction was for a class A-II offense the court may 42 impose a new minimum term which shall be [no less than three years 43 imprisonment and] no more than eight and one-third years; 44 § 29. Section 60.10 of the penal law, as amended by chapter 411 of the 45 laws of 1979, is amended to read as follows: 46 § 60.10 Authorized disposition; juvenile offender. 47 1. When a juvenile offender is convicted of a crime, the court shall 48 sentence the defendant [to imprisonment] in accordance with section 49 70.05 of this title or sentence [him] them upon a youthful offender 50 finding in accordance with section 60.02 of this [chapter] article. 51 2. Subdivision one of this section shall apply when sentencing a juve- 52 nile offender notwithstanding the provisions of any other law that deals 53 with the authorized sentence for persons who are not juvenile offenders. 54 [Provided, however, that the limitation prescribed by this section shall 55 not be deemed or construed to bar use of a conviction of a juvenile 56 offender, other than a juvenile offender who has been adjudicated a
A. 1297 25 1 youthful offender pursuant to section 720.20 of the criminal procedure 2 law, as a previous or predicate felony offender under section 70.04, 3 70.06, 70.08 or 70.10, when sentencing a person who commits a felony 4 after he has reached the age of sixteen.] 5 § 30. Section 60.12 of the penal law, as amended by chapter 31 of the 6 laws of 2019, subdivision 1 as amended by section 1 of part WW of chap- 7 ter 55 of the laws of 2019, is amended to read as follows: 8 § 60.12 Authorized disposition; alternative sentence; domestic violence 9 cases. 10 1. Notwithstanding any other provision of law, where a court is impos- 11 ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06] or 12 subdivision two or three of section 70.71 of this title, [other than for 13 an offense defined in section 125.26, 125.27, subdivision five of 14 section 125.25, or article 490 of this chapter, or for an offense which 15 would require such person to register as a sex offender pursuant to 16 article six-C of the correction law, an attempt or conspiracy to commit 17 any such offense,] and is authorized [or required] pursuant to sections 18 70.00, 70.02[, 70.06] or subdivision two or three of section 70.71 of 19 this title to impose a sentence of imprisonment, the court, upon a 20 determination following a hearing that (a) at the time of the instant 21 offense, the defendant was a victim of domestic violence subjected to 22 substantial physical, sexual or psychological abuse inflicted by a 23 member of the same family or household as the defendant as such term is 24 defined in subdivision one of section 530.11 of the criminal procedure 25 law; (b) such abuse was a significant contributing factor to the defend- 26 ant's criminal behavior; (c) having regard for the nature and circum- 27 stances of the crime and the history, character and condition of the 28 defendant, that a sentence of imprisonment pursuant to section 70.00, 29 70.02[, 70.06] or subdivision two or three of section 70.71 of this 30 title would be unduly harsh may instead impose a sentence in accordance 31 with this section. 32 A court may determine that such abuse constitutes a significant 33 contributing factor pursuant to paragraph (b) of this subdivision 34 regardless of whether the defendant raised a defense pursuant to article 35 thirty-five, article forty, or subdivision one of section 125.25 of this 36 chapter. 37 At the hearing to determine whether the defendant should be sentenced 38 pursuant to this section, the court shall consider oral and written 39 arguments, take testimony from witnesses offered by either party, and 40 consider relevant evidence to assist in making its determination. Reli- 41 able hearsay shall be admissible at such hearings. 42 2. Where a court would otherwise be required to impose a sentence 43 pursuant to section 70.02 of this title, the court may impose a definite 44 sentence of imprisonment of less than one year [or less], or probation 45 in accordance with the provisions of section 65.00 of this title, or may 46 fix a determinate term of imprisonment as follows: 47 (a) For a class B felony, the term must be at least one year and must 48 not exceed five years; 49 (b) For a class C felony, the term must be at least one year and must 50 not exceed three and one-half years; 51 (c) For a class D felony, the term must be at least one year and must 52 not exceed two years; and 53 (d) For a class E felony, the term must be one year and must not 54 exceed one and one-half years. 55 3. Where a court would otherwise be required to impose a sentence for 56 a class A felony offense pursuant to section 70.00 of this title, the
A. 1297 26 1 court may fix a determinate term of imprisonment of at least [five 2 years] one year and not to exceed fifteen years, or impose a definite 3 sentence of imprisonment of less than one year, or probation in accord- 4 ance with the provisions of section 65.00 of this title. 5 4. Where a court would otherwise be required to impose a sentence for 6 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 7 of subdivision two of section 70.71 of this title, the court may fix a 8 determinate term of imprisonment of at least [five years] one year and 9 not to exceed eight years, or impose a definite sentence of imprisonment 10 of less than one year, or probation in accordance with the provisions of 11 section 65.00 of this title. 12 5. Where a court would otherwise be required to impose a sentence for 13 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 14 of subdivision three of section 70.71 of this title, the court may fix a 15 determinate term of imprisonment of at least [five years] one year and 16 not to exceed twelve years, or impose a definite sentence of imprison- 17 ment of less than one year, or probation in accordance with the 18 provisions of section 65.00 of this title. 19 6. Where a court would otherwise be required to impose a sentence for 20 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 21 of subdivision two of section 70.71 of this title, the court may fix a 22 determinate term of imprisonment of at least one year and not to exceed 23 three years, or impose a definite sentence of imprisonment of less than 24 one year, or probation in accordance with the provisions of section 25 65.00 of this title. 26 7. Where a court would otherwise be required to impose a sentence for 27 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 28 of subdivision three of section 70.71 of this title, the court may fix a 29 determinate term of imprisonment of at least [three years] one year and 30 not to exceed six years, or impose a definite sentence of imprisonment 31 of less than one year, or probation in accordance with the provisions of 32 section 65.00 of this title. 33 [8. Where a court would otherwise be required to impose a sentence 34 pursuant to subdivision six of section 70.06 of this title, the court 35 may fix a term of imprisonment as follows: 36 (a) For a class B felony, the term must be at least three years and 37 must not exceed eight years; 38 (b) For a class C felony, the term must be at least two and one-half 39 years and must not exceed five years; 40 (c) For a class D felony, the term must be at least two years and must 41 not exceed three years; 42 (d) For a class E felony, the term must be at least one and one-half 43 years and must not exceed two years. 44 9. Where a court would otherwise be required to impose a sentence for 45 a class B, C, D or E felony offense pursuant to section 70.00 of this 46 title, the court may impose a sentence in accordance with the provisions 47 of subdivision two of section 70.70 of this title. 48 10. Except as provided in subdivision seven of this section, where a 49 court would otherwise be required to impose a sentence pursuant to 50 subdivision three of section 70.06 of this title, the court may impose a 51 sentence in accordance with the provisions of subdivision three of 52 section 70.70 of this title. 53 11. Where a court would otherwise be required to impose a sentence 54 pursuant to subdivision three of section 70.06 of this title, where the 55 prior felony conviction was for a felony offense defined in section
A. 1297 27 1 70.02 of this title, the court may impose a sentence in accordance with 2 the provisions of subdivision four of section 70.70 of this title.] 3 § 31. Section 65.00 of the penal law, subdivisions 1 and 2 as amended 4 by chapter 835 of the laws of 1974, the opening paragraph of paragraph 5 (a) of subdivision 1 as amended by chapter 738 of the laws of 2004, the 6 opening paragraph of paragraph (b) of subdivision 1 as amended by 7 section 19 and subparagraph (ii) of paragraph (a) of subdivision 3 as 8 amended by section 20 of part AAA of chapter 56 of the laws of 2009, the 9 closing paragraph of subdivision 1 as amended by chapter 3 of the laws 10 of 1995, subdivision 3 as amended by chapter 264 of the laws of 2003, 11 subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and 12 paragraph (d) of subdivision 3 as amended by chapter 556 of the laws of 13 2013, paragraph (c) of subdivision 3 as amended by chapter 568 of the 14 laws of 2004, the closing paragraph of subdivision 3 as amended by chap- 15 ter 320 of the laws of 2006, subdivision 4 as amended by chapter 17 of 16 the laws of 2014, and subdivision 5 as amended by chapter 264 of the 17 laws of 2003 and as renumbered by chapter 556 of the laws of 2013, is 18 amended to read as follows: 19 § 65.00 Sentence of probation. 20 1. [Criteria. (a) Except as otherwise required by section 60.04 or 21 60.05 of this title, and except as provided by paragraph (b) hereof, the 22 court may sentence a person to a period of probation upon conviction of 23 any crime if the court, having regard to the nature and circumstances of 24 the crime and to the history, character and condition of the defendant, 25 is of the opinion that: 26 (i) Institutional confinement for the term authorized by law of the 27 defendant is or may not be necessary for the protection of the public; 28 (ii) the defendant is in need of guidance, training or other assist- 29 ance which, in his case, can be effectively administered through 30 probation supervision; and 31 (iii) such disposition is not inconsistent with the ends of justice. 32 (b) The court, with the concurrence of either the administrative judge 33 of the court or of the judicial district within which the court is situ- 34 ated or such administrative judge as the presiding justice of the appro- 35 priate appellate division shall designate, may sentence a person to a 36 period of probation upon conviction of a class A-II felony defined in 37 article two hundred twenty, the class B felony defined in section 220.48 38 of this chapter or any other class B felony defined in article two 39 hundred twenty of this chapter where the person is a second felony drug 40 offender as defined in paragraph (b) of subdivision one of section 70.70 41 of this chapter, if the prosecutor either orally on the record or in a 42 writing filed with the indictment recommends that the court sentence 43 such person to a period of probation upon the ground that such person 44 has or is providing material assistance in the investigation, apprehen- 45 sion or prosecution of any person for a felony defined in article two 46 hundred twenty or the attempt or the conspiracy to commit any such felo- 47 ny, and if the court, having regard to the nature and circumstances of 48 the crime and to the history, character and condition of the defendant 49 is of the opinion that: 50 (i) Institutional confinement of the defendant is not necessary for 51 the protection of the public; 52 (ii) The defendant is in need of guidance, training or other assist- 53 ance which, in his case, can be effectively administered through 54 probation supervision; 55 (iii) The defendant has or is providing material assistance in the 56 investigation, apprehension or prosecution of a person for a felony
A. 1297 28 1 defined in article two hundred twenty or the attempt or conspiracy to 2 commit any such felony; and 3 (iv) Such disposition is not inconsistent with the ends of justice. 4 Provided, however, that the court shall not, except to the extent 5 authorized by paragraph (d) of subdivision two of section 60.01 of this 6 chapter, impose a sentence of probation in any case where it sentences a 7 defendant for more than one crime and imposes a sentence of imprisonment 8 for any one of the crimes, or where the defendant is subject to an 9 undischarged indeterminate or determinate sentence of imprisonment which 10 was imposed at a previous time by a court of this state and has more 11 than one year to run. 12 2.] Sentence. When a person is sentenced to a period of probation the 13 court shall, except to the extent authorized by paragraph (d) of subdi- 14 vision two of section 60.01 of this chapter, impose the period author- 15 ized by subdivision [three] two of this section and shall specify, in 16 accordance with section 65.10, the conditions to be complied with. The 17 court may modify or enlarge the conditions or, if the defendant commits 18 an additional offense or violates a condition, revoke the sentence at 19 any time prior to the expiration or termination of the period of 20 probation. 21 [3.] 2. Periods of probation. Unless terminated sooner in accordance 22 with the criminal procedure law, the period of probation shall be as 23 follows: 24 (a) (i) For a felony, other than a class A-II felony defined in arti- 25 cle two hundred twenty of this chapter or the class B felony defined in 26 section 220.48 of this chapter, [or any other class B felony defined in 27 article two hundred twenty of this chapter committed by a second felony 28 drug offender,] or a sexual assault, the period of probation shall [be a 29 term of three, four or] not exceed five years; 30 (ii) For a class A-II felony drug offender as defined in paragraph (a) 31 of subdivision one of section 70.71 of this chapter [as described in 32 paragraph (b) of subdivision one of this section, or a class B felony 33 committed by a second felony drug offender described in paragraph (b) of 34 subdivision one of this section, the], any period of probation [shall be 35 life] may be imposed and for a class B felony defined in section 220.48 36 of this chapter, the period of probation shall [be] not exceed twenty- 37 five years; 38 (iii) For a felony sexual assault, the period of probation shall [be] 39 not exceed ten years. 40 (b) (i) For a class A misdemeanor, other than a sexual assault, the 41 period of probation shall [be] not exceed a term of [two or] three 42 years; 43 (ii) For a class A misdemeanor sexual assault, the period of probation 44 shall [be] not exceed six years. 45 (c) For a class B misdemeanor, the period of probation shall [be] not 46 exceed one year, except the period of probation shall [be no less than 47 one year and no more than] not exceed three years for the class B misde- 48 meanor of public lewdness as defined in section 245.00 of this chapter; 49 (d) For an unclassified misdemeanor, the period of probation shall 50 [be] not exceed a term of [two or] three years if the authorized 51 sentence of imprisonment is in excess of three months, otherwise the 52 period of probation shall [be] not exceed one year. 53 For the purposes of this section, the term "sexual assault" means an 54 offense defined in article one hundred thirty or two hundred sixty- 55 three, or in section 255.25, 255.26 or 255.27 of this chapter, or an 56 attempt to commit any of the foregoing offenses.
A. 1297 29 1 [4.] 3. If during the periods of probation referenced in subparagraph 2 (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph 3 (d) of subdivision [three] two of this section an alleged violation is 4 sustained following a hearing pursuant to section 410.70 of the criminal 5 procedure law and the court continues or modifies the sentence, the 6 court may extend the remaining period of probation up to the maximum 7 term authorized by this section. Provided, however, a defendant shall 8 receive credit for the time during which [he or she was] they were 9 supervised under the original probation sentence prior to any declara- 10 tion of delinquency and for any time spent in custody pursuant to this 11 article for an alleged violation of probation. 12 [5.] 4. In any case where a court pursuant to its authority under 13 subdivision four of section 60.01 of this chapter revokes probation and 14 sentences such person to imprisonment and probation, as provided in 15 paragraph (d) of subdivision two of section 60.01 of this chapter, the 16 period of probation shall be the remaining period of the original 17 probation sentence or one year whichever is greater. 18 § 32. Section 65.05 of the penal law, subdivision 1 as added by chap- 19 ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi- 20 sion 2 as amended by chapter 742 of the laws of 1981 and subdivision 3 21 as amended by chapter 618 of the laws of 1992, is amended to read as 22 follows: 23 § 65.05 Sentence of conditional discharge. 24 1. [Criteria. (a) Except as otherwise required by section 60.05, the 25 court may impose a sentence of conditional discharge for an offense if 26 the court, having regard to the nature and circumstances of the offense 27 and to the history, character and condition of the defendant, is of the 28 opinion that neither the public interest nor the ends of justice would 29 be served by a sentence of imprisonment and that probation supervision 30 is not appropriate. 31 (b) When a sentence of conditional discharge is imposed for a felony, 32 the court shall set forth in the record the reasons for its action. 33 2.] Sentence. Except to the extent authorized by paragraph (d) of 34 subdivision two of section 60.01 of this [chapter] title, when the court 35 imposes a sentence of conditional discharge the defendant shall be 36 released with respect to the conviction for which the sentence is 37 imposed without imprisonment or probation supervision but subject, 38 during the period of conditional discharge, to such conditions as the 39 court may determine. The court shall impose the period of conditional 40 discharge authorized by subdivision [three] two of this section and 41 shall specify, in accordance with section 65.10 of this article, the 42 conditions to be complied with. If a defendant is sentenced pursuant to 43 paragraph (e) of subdivision two of section 65.10 of this [chapter] 44 article, the court shall require the administrator of the program to 45 provide written notice to the court of any violation of program partic- 46 ipation by the defendant. The court may modify or enlarge the conditions 47 or, if the defendant commits an additional offense or violates a condi- 48 tion, revoke the sentence at any time prior to the expiration or termi- 49 nation of the period of conditional discharge. 50 [3.] 2. Periods of conditional discharge. Unless terminated sooner in 51 accordance with the criminal procedure law, the period of conditional 52 discharge shall be as follows: 53 (a) [Three] Up to three years in the case of a felony; and 54 (b) [One] Up to one year in the case of a misdemeanor or a violation. 55 Where the court has required, as a condition of the sentence, that the 56 defendant make restitution of the fruits of [his or her] their offense
A. 1297 30 1 or make reparation for the loss caused thereby and such condition has 2 not been satisfied, the court, at any time prior to the expiration or 3 termination of the period of conditional discharge, may impose an addi- 4 tional period. The length of the additional period shall be fixed by the 5 court at the time it is imposed and shall not be more than two years. 6 All of the incidents of the original sentence, including the authority 7 of the court to modify or enlarge the conditions, shall continue to 8 apply during such additional period. 9 § 33. Section 65.20 of the penal law is amended to read as follows: 10 § 65.20 Sentence of unconditional discharge. 11 [1. Criteria. The court may impose a sentence of unconditional 12 discharge in any case where it is authorized to impose a sentence of 13 conditional discharge under section 65.05 if the court is of the opinion 14 that no proper purpose would be served by imposing any condition upon 15 the defendant's release. 16 When a sentence of unconditional discharge is imposed for a felony, 17 the court shall set forth in the record the reasons for its action. 18 2. Sentence.] When the court imposes a sentence of unconditional 19 discharge, the defendant shall be released with respect to the 20 conviction for which the sentence is imposed without imprisonment, fine 21 or probation supervision. A sentence of unconditional discharge is for 22 all purposes a final judgment of conviction. 23 § 34. Subdivision 2 of section 85.00 of the penal law, as added by 24 chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277 25 of the laws of 1973, is amended to read as follows: 26 2. Authorization for use of sentence. The court may impose a sentence 27 of intermittent imprisonment in any case where: 28 (a) [the court is imposing sentence, upon a person other than a second 29 or persistent felony offender, for a class D or class E felony or for 30 any offense that is not a felony; and 31 (b)] the court is not imposing any other sentence of imprisonment upon 32 the defendant at the same time; and 33 [(c)] (b) the defendant is not under any other sentence of imprison- 34 ment with a term in excess of fifteen days imposed by any other court[; 35 and]. 36 § 35. Subdivisions 3, 4 and 5 of section 485.10 of the penal law, 37 subdivisions 3 and 4 as added by chapter 107 of the laws of 2000 and 38 subdivision 5 as amended by chapter 624 of the laws of 2022, are amended 39 to read as follows: 40 3. [Notwithstanding any other provision of law, when a person is 41 convicted of a hate crime pursuant to this article and the specified 42 offense is a class B felony: 43 (a) the maximum term of the indeterminate sentence must be at least 44 six years if the defendant is sentenced pursuant to section 70.00 of 45 this chapter; 46 (b) the term of the determinate sentence must be at least eight years 47 if the defendant is sentenced pursuant to section 70.02 of this chapter; 48 (c) the term of the determinate sentence must be at least twelve years 49 if the defendant is sentenced pursuant to section 70.04 of this chapter; 50 (d) the maximum term of the indeterminate sentence must be at least 51 four years if the defendant is sentenced pursuant to section 70.05 of 52 this chapter; and 53 (e) the maximum term of the indeterminate sentence or the term of the 54 determinate sentence must be at least ten years if the defendant is 55 sentenced pursuant to section 70.06 of this chapter.
A. 1297 31 1 4. Notwithstanding any other provision of law, when a person is 2 convicted of a hate crime pursuant to this article and the specified 3 offense is a class A-1 felony, the minimum period of the indeterminate 4 sentence shall be not less than twenty years. 5 5.] In addition to any of the dispositions authorized by this chapter, 6 the court shall require as part of the sentence imposed upon a person 7 convicted of a hate crime pursuant to this article, that the defendant 8 complete a program, training session or counseling session directed at 9 hate crime prevention and education, where the court determines such 10 program, training session or counseling session is appropriate, avail- 11 able and was developed or authorized by the court or local agencies in 12 cooperation with organizations serving the affected community. 13 § 36. Paragraph (d) of subdivision 2 of section 490.25 of the penal 14 law is REPEALED. 15 § 37. Sections 220.35, 400.15, 400.16, 400.19, 400.20 and 400.21 of 16 the criminal procedure law are REPEALED. 17 § 38. Subdivision 6 of section 2 of the correction law, as amended by 18 chapter 476 of the laws of 1970, is amended to read as follows: 19 6. "Residential treatment facility". A correctional facility consist- 20 ing of a community based residence in or near a community where employ- 21 ment, educational and training opportunities are readily available for 22 persons who [are on parole or conditional release and for persons who] 23 are or who will soon be eligible for release on parole who intend to 24 reside in or near that community when released. 25 § 39. Subdivision 10 of section 73 of the correction law is REPEALED. 26 § 40. Subdivision 1 of section 865 of the correction law, as amended 27 by chapter 322 of the laws of 2021, is amended to read as follows: 28 1. "Eligible incarcerated individual" means a person sentenced to an 29 indeterminate term of imprisonment who will become eligible for release 30 on parole within three years or sentenced to a determinate term of 31 imprisonment who will become eligible for conditional release within 32 three years[, who has not reached the age of fifty years, who has not 33 previously been convicted of a violent felony as defined in article 34 seventy of the penal law, or a felony in any other jurisdiction which 35 includes all of the essential elements of any such violent felony, upon 36 which an indeterminate or determinate term of imprisonment was imposed 37 and who was between the ages of sixteen and fifty years at the time of 38 commission of the crime upon which his or her present sentence was 39 based. Notwithstanding the foregoing, no person who is convicted of any 40 of the following crimes shall be deemed eligible to participate in this 41 program: (a) a violent felony offense as defined in article seventy of 42 the penal law; provided, however, that a person who is convicted of 43 burglary in the second degree as defined in subdivision two of section 44 140.25 of the penal law, or robbery in the second degree as defined in 45 subdivision one of section 160.10 of the penal law, or an attempt there- 46 of, is eligible to participate, (b) an A-I felony offense, (c) any homi- 47 cide offense as defined in article one hundred twenty-five of the penal 48 law, (d) any felony sex offense as defined in article one hundred thirty 49 of the penal law and (e) any escape or absconding offense as defined in 50 article two hundred five of the penal law]. 51 § 41. Section 220.10 of the criminal procedure law, as amended by 52 chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410 53 of the laws of 1979, subparagraph (i) of paragraph (a) of subdivision 5 54 as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi- 55 sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of 56 paragraph (d) of subdivision 5 as amended by chapter 189 of the laws of
A. 1297 32 1 2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws 2 of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended 3 by chapter 23 of the laws of 2024, the second undesignated paragraph of 4 paragraph (g) of subdivision 5 as amended by chapter 920 of the laws of 5 1982, the closing paragraph of paragraph (g) of subdivision 5 as amended 6 by chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5 as 7 added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5 8 as amended by chapter 322 of the laws of 2021 and subdivision 6 as added 9 by chapter 548 of the laws of 1980, is amended to read as follows: 10 § 220.10 Plea; kinds of pleas. 11 The only kinds of pleas which may be entered to an indictment are 12 those specified in this section: 13 1. The defendant may as a matter of right enter a plea of "not guilty" 14 to the indictment. 15 2. [Except as provided in subdivision five, the] The defendant may as 16 a matter of right enter a plea of "guilty" to the entire indictment. 17 3. [Except as provided in subdivision five, where] Where the indict- 18 ment charges but one crime, the defendant may, with [both] either the 19 permission of the court [and] in furtherance of justice in accordance 20 with the factors outlined in subdivision one of section 210.40 of this 21 part, or the consent of the people with the permission of the court, 22 enter a plea of guilty of a lesser included offense. 23 4. [Except as provided in subdivision five, where] Where the indict- 24 ment charges two or more offenses in separate counts, the defendant may, 25 with [both] either the permission of the court [and] in furtherance of 26 justice in accordance with the factors outlined in subdivision one of 27 section 210.40 of this part, or the consent of the people with the 28 permission of the court, enter a plea of: 29 (a) Guilty of one or more but not all of the offenses charged; or 30 (b) Guilty of a lesser included offense with respect to any or all of 31 the offenses charged; or 32 (c) Guilty of any combination of offenses charged and lesser offenses 33 included within other offenses charged. 34 5. [(a) (i) Where the indictment charges one of the class A felonies 35 defined in article two hundred twenty of the penal law or the attempt to 36 commit any such class A felony, then any plea of guilty entered pursuant 37 to subdivision three or four of this section must be or must include at 38 least a plea of guilty of a class B felony. 39 (iii) Where the indictment charges one of the class B felonies defined 40 in article two hundred twenty of the penal law then any plea of guilty 41 entered pursuant to subdivision three or four must be or must include at 42 least a plea of guilty of a class D felony. 43 (b) Where the indictment charges any class B felony, other than a 44 class B felony defined in article two hundred twenty of the penal law or 45 a class B violent felony offense as defined in subdivision one of 46 section 70.02 of the penal law, then any plea of guilty entered pursuant 47 to subdivision three or four must be or must include at least a plea of 48 guilty of a felony. 49 (c) Where the indictment charges a felony, other than a class A felony 50 or class B felony defined in article two hundred twenty of the penal law 51 or class B or class C violent felony offense as defined in subdivision 52 one of section 70.02 of the penal law, and it appears that the defendant 53 has previously been subjected to a predicate felony conviction as 54 defined in penal law section 70.06 then any plea of guilty entered 55 pursuant to subdivision three or four must be or must include at least a 56 plea of guilty of a felony.
A. 1297 33 1 (d) Where the indictment charges a class A felony, other than those 2 defined in article two hundred twenty of the penal law, or charges a 3 class B or class C violent felony offense as defined in subdivision one 4 of section 70.02 of the penal law, then a plea of guilty entered pursu- 5 ant to subdivision three or four must be as follows: 6 (i) Where the indictment charges a class A felony offense or a class B 7 violent felony offense which is also an armed felony offense then a plea 8 of guilty must include at least a plea of guilty to a class C violent 9 felony offense; 10 (ii) Except as provided in subparagraph (i) of this paragraph, where 11 the indictment charges a class B violent felony offense or a class C 12 violent felony offense, then a plea of guilty must include at least a 13 plea of guilty to a class D violent felony offense; 14 (iii) Where the indictment charges the class D violent felony offense 15 of criminal possession of a weapon in the third degree as defined in 16 subdivision four of section 265.02 of the penal law, and the defendant 17 has not been previously convicted of a class A misdemeanor defined in 18 the penal law in the five years preceding the commission of the offense, 19 then a plea of guilty must be either to the class E violent felony 20 offense of attempted criminal possession of a weapon in the third degree 21 or to the class A misdemeanor of criminal possession of a weapon in the 22 fourth degree as defined in subdivision one of section 265.01 of the 23 penal law; 24 (iv) Where the indictment charges the class D violent felony offenses 25 of criminal possession of a weapon in the third degree as defined in 26 subdivision four of section 265.02 of the penal law and the provisions 27 of subparagraph (iii) of this paragraph do not apply, or subdivision 28 five, seven or eight of section 265.02 of the penal law, then a plea of 29 guilty must include at least a plea of guilty to a class E violent felo- 30 ny offense. 31 (e) A defendant may not enter a plea of guilty to the crime of murder 32 in the first degree as defined in section 125.27 of the penal law; 33 provided, however, that a defendant may enter such a plea with both the 34 permission of the court and the consent of the people when the agreed 35 upon sentence is either life imprisonment without parole or a term of 36 imprisonment for the class A-I felony of murder in the first degree 37 other than a sentence of life imprisonment without parole. 38 (f) The provisions of this subdivision shall apply irrespective of 39 whether the defendant is thereby precluded from entering a plea of guil- 40 ty of any lesser included offense. 41 (g)] Where the defendant is a juvenile offender, [the provisions of 42 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply 43 and] any plea entered pursuant to subdivision three or four of this 44 section, must be as follows: 45 [(i)] (a) If the indictment charges a person fourteen or fifteen years 46 old with the crime of murder in the second degree any plea of guilty 47 entered pursuant to subdivision three or four must be a plea of guilty 48 of a crime for which the defendant is criminally responsible; 49 [(ii)] (b) If the indictment does not charge a crime specified in 50 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, then 51 any plea of guilty entered pursuant to subdivision three or four of this 52 section must be a plea of guilty of a crime for which the defendant is 53 criminally responsible unless a plea of guilty is accepted pursuant to 54 [subparagraph (iii)] paragraph (c) of this [paragraph] subdivision; 55 [(iii)] (c) Where the indictment does not charge a crime specified in 56 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, the
A. 1297 34 1 district attorney may recommend removal of the action to the family 2 court. Upon making such recommendation the district attorney shall 3 submit a subscribed memorandum setting forth: [(1)] (i) a recommendation 4 that the interests of justice would best be served by removal of the 5 action to the family court; and [(2)] (ii) if the indictment charges a 6 thirteen year old with the crime of murder in the second degree, or a 7 fourteen or fifteen year old with the crimes of rape in the first degree 8 as defined in subdivision one of section 130.35 of the penal law, or 9 criminal sexual act in the first degree as defined in subdivision one of 10 section 130.50 of the penal law, or an armed felony as defined in para- 11 graph (a) of subdivision forty-one of section 1.20 of this chapter 12 specific factors, one or more of which reasonably supports the recommen- 13 dation, showing, [(i)] (1) mitigating circumstances that bear directly 14 upon the manner in which the crime was committed, or [(ii)] (2) where 15 the defendant was not the sole participant in the crime, that the 16 defendant's participation was relatively minor although not so minor as 17 to constitute a defense to the prosecution, or [(iii)] (3) possible 18 deficiencies in proof of the crime, or [(iv)] (4) where the juvenile 19 offender has no previous adjudications of having committed a designated 20 felony act, as defined in subdivision eight of section 301.2 of the 21 family court act, regardless of the age of the offender at the time of 22 commission of the act, that the criminal act was not part of a pattern 23 of criminal behavior and, in view of the history of the offender, is not 24 likely to be repeated. 25 If the court is of the opinion based on specific factors set forth in 26 the district attorney's memorandum that the interests of justice would 27 best be served by removal of the action to the family court, a plea of 28 guilty of a crime or act for which the defendant is not criminally 29 responsible may be entered pursuant to subdivision three or four of this 30 section, except that a thirteen year old charged with the crime of 31 murder in the second degree may only plead to a designated felony act, 32 as defined in subdivision eight of section 301.2 of the family court 33 act. 34 Upon accepting any such plea, the court must specify upon the record 35 the portion or portions of the district attorney's statement the court 36 is relying upon as the basis of its opinion and that it believes the 37 interests of justice would best be served by removal of the proceeding 38 to the family court. Such plea shall then be deemed to be a juvenile 39 delinquency fact determination and the court upon entry thereof must 40 direct that the action be removed to the family court in accordance with 41 the provisions of article seven hundred twenty-five of this chapter. 42 [(g-1) Where a defendant is an adolescent offender, the provisions of 43 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply.] 44 5-a. Where the plea is to an offense constituting a misdemeanor, the 45 plea shall be deemed replaced by an order of fact-finding in a juvenile 46 delinquency proceeding, pursuant to section 346.1 of the family court 47 act, and the action shall be removed to the family court in accordance 48 with article seven hundred twenty-five of this chapter. Where the plea 49 is to an offense constituting a felony, the court may remove the action 50 to the family court in accordance with section 722.23 and article seven 51 hundred twenty-five of this chapter. 52 [(h) Where the indictment charges the class E felony offense of aggra- 53 vated harassment of an employee by an incarcerated individual as defined 54 in section 240.32 of the penal law, then a plea of guilty must include 55 at least a plea of guilty to a class E felony.]
A. 1297 35 1 6. The defendant may, with both the permission of the court and the 2 consent of the people, enter a plea of not responsible by reason of 3 mental disease or defect to the indictment in the manner prescribed in 4 section 220.15 of this chapter. 5 § 42. Subdivision 3 of section 220.30 of the criminal procedure law is 6 REPEALED. 7 § 43. Section 430.20 of the criminal procedure law is amended by 8 adding a new subdivision 1-a to read as follows: 9 1-a. Time calculation. (a) If at the time of sentencing the defendant 10 is at liberty, and has accrued jail time credit such that the time 11 accrued may be equal to or exceed the amount of time the defendant would 12 be required to serve to reach the conditional release date of a defi- 13 nite, indeterminate, or determinate sentence, or any jail portion of a 14 sentence of probation pursuant to the sentence or sentences to be 15 imposed, the court shall proceed to impose sentence but shall not commit 16 the defendant to custody, or if the defendant is in custody at the time 17 of sentencing the court shall, upon the defendant's request, release the 18 defendant pending further order of the court. The court shall direct the 19 department of corrections and community supervision, sheriff, or the New 20 York city commissioner of corrections to promptly calculate the jail 21 time credit under section 70.30 of the penal law and determine the good 22 time credit pursuant to section 70.40 of the penal law and sections 23 eight hundred three and eight hundred four of the correction law and 24 certify such credit to the sentencing court. If the credit so certified 25 is sufficient to satisfy the conditional release date of the sentence or 26 sentences imposed by the court, the defendant shall not be further 27 committed to custody pursuant to such sentence or sentences, except as 28 otherwise expressly provided by law. 29 (b) Where the defendant is otherwise subject to probation, parole, 30 conditional release or post-release supervision under the terms of the 31 court's sentence, the court shall direct the defendant to appear forth- 32 with at the office of the department of corrections and community super- 33 vision or a local probation department. The terms of such probation, 34 parole, conditional release or post-release supervision shall be estab- 35 lished by the court, the department of corrections and community super- 36 vision, or the local probation department, without commitment of the 37 defendant. 38 § 44. This act shall take effect immediately.