STATE OF NEW YORK ________________________________________________________________________ 1209 2025-2026 Regular Sessions IN SENATE January 8, 2025 ___________ Introduced by Sens. MYRIE, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HINCHEY, HOYLMAN-SI- GAL, JACKSON, KAVANAGH, KRUEGER, MAY, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the correction law, in relation to eliminating mandatory minimums; to amend the sentencing reform act of 1995, in relation to the effective- ness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effectiveness thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to the effectiveness thereof; to amend part E of chapter 62 of the laws of 2003, amending the correction law and other laws relating to various provisions, in relation to the effectiveness thereof; and to repeal certain provisions of the penal law, the criminal procedure law and the correction law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Marvin Mayfield act". 3 § 2. Subdivision 6 of section 1.05 of the penal law, as amended by 4 chapter 98 of the laws of 2006, is amended to read as follows: 5 6. To [insure the public] promote community safety by [preventing the 6 commission of offenses through the deterrent influence of the sentences 7 authorized,] supporting the rehabilitation of [those] individuals who 8 have been convicted, [the promotion of] and their successful and produc- 9 tive reentry and reintegration into society[, and their confinement when 10 required in the interests of public protection] by imposing the minimum 11 sentence necessary to achieve the goals of sentencing outlined above. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03169-01-5
S. 1209 2 1 § 3. Section 380.20 of the criminal procedure law is amended to read 2 as follows: 3 § 380.20 Sentence required. 4 1. The court must pronounce sentence in every case where a conviction 5 is entered. If an accusatory instrument contains multiple counts and a 6 conviction is entered on more than one count the court must pronounce 7 sentence on each count. 8 2. When entering a sentence that includes a term of imprisonment, or 9 within seven days thereafter, the court shall issue a written decision 10 explaining its choice of sentence, based on individualized findings, 11 sufficient to facilitate appellate review. A defendant may knowingly and 12 voluntarily waive the right to a written decision. 13 § 4. Paragraph (a) of subdivision 3 of section 390.30 of the criminal 14 procedure law, as added by chapter 14 of the laws of 1985, is amended to 15 read as follows: 16 (a) The report of the pre-sentence investigation must contain an anal- 17 ysis of as much of the information gathered in the investigation as the 18 agency that conducted the investigation deems relevant to the question 19 of sentence. The report must also include any other [imformation] infor- 20 mation that the court directs to be included and the material required 21 by paragraph (b) of this subdivision which shall be considered part of 22 the report. The report shall include an analysis of the actual finan- 23 cial cost of incarceration to the state and/or localities of the poten- 24 tial sentences that may be imposed. 25 § 5. Subdivision 1 and paragraph (a) of subdivision 2 of section 26 390.50 of the criminal procedure law, subdivision 1 as separately 27 amended by chapters 224 and 369 of the laws of 1986 and paragraph (a) of 28 subdivision 2 as amended by chapter 31 of the laws of 2019, are amended 29 to read as follows: 30 1. In general. Any pre-sentence report or memorandum submitted to the 31 court pursuant to this article and any medical, psychiatric or social 32 agency report or other information gathered for the court by a probation 33 department, or submitted directly to the court, in connection with the 34 question of sentence is confidential and may not be made available by 35 any state agency, including the state department of corrections and 36 community supervision, to any person or public or private agency except 37 where specifically required or permitted by statute or upon specific 38 authorization of the court. Section one hundred forty-seven of the 39 correction law shall not be deemed to permit such disclosure. For 40 purposes of this section, any report, memorandum or other information 41 forwarded to a probation department within this state from a probation 42 agency outside this state is governed by the same rules of confidential- 43 ity. Any person, public or private agency receiving such material must 44 retain it under the same conditions of confidentiality as apply to the 45 probation department that made it available. 46 (a) Not less than one court day prior to sentencing, unless such time 47 requirement is waived by the parties, the pre-sentence report or memo- 48 randum shall be made available by the court for examination and for 49 copying and retention by the defendant's attorney, the defendant 50 [himself] themself, [if he has no attorney,] and the prosecutor. The 51 defendant shall be given an opportunity to challenge or correct any fact 52 or conclusion in the pre-sentence report or memorandum prior to the 53 court's pronouncement of sentence. In its discretion, the court may 54 except from disclosure a part or parts of the report or memoranda which 55 are not relevant to a proper sentence, or a diagnostic opinion which 56 might seriously disrupt a program of rehabilitation, or sources of
S. 1209 3 1 information which have been obtained on a promise of confidentiality, or 2 any other portion thereof, disclosure of which would not be in the 3 interest of justice. In all cases where a part or parts of the report or 4 memoranda are not disclosed, the court shall state for the record that a 5 part or parts of the report or memoranda have been excepted and the 6 reasons for its action. The action of the court excepting information 7 from disclosure shall be subject to appellate review. The pre-sentence 8 report shall be made available by the court for examination and copying 9 in connection with any appeal in the case, including an appeal under 10 this subdivision. Upon written request, the court shall make a copy of 11 the presentence report, other than a part or parts of the report redact- 12 ed by the court pursuant to this paragraph, available to the defendant 13 for use before the parole board for release consideration or an appeal 14 of a parole board determination or an application for resentencing 15 pursuant to section 440.46 or 440.47 of this chapter. [In his or her 16 written request to the court the defendant shall affirm that he or she 17 anticipates an appearance before the parole board or intends to file an 18 administrative appeal of a parole board determination or meets the 19 eligibility criteria for and intends to file a motion for resentencing 20 pursuant to 440.46 of this chapter or has received notification from the 21 court which received his or her request to apply for resentencing pursu- 22 ant to section 440.47 of this chapter confirming that he or she is 23 eligible to submit an application for resentencing pursuant to section 24 440.47 of this chapter.] The court shall respond to the defendant's 25 written request within twenty days from receipt of the defendant's writ- 26 ten request. 27 § 6. Section 70.00 of the penal law, the section heading as amended by 28 chapter 277 of the laws of 1973, subdivision 1 as amended by chapter 7 29 of the laws of 2007, subdivisions 2, 3 and 4 as amended by chapter 738 30 of the laws of 2004, paragraph (a) of subdivision 3 as amended by chap- 31 ter 107 and paragraph (b) of subdivision 3 as amended by chapter 746 of 32 the laws of 2006, subdivision 5 as amended by section 40-a of part WWW 33 of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap- 34 ter 1 of the laws of 1998, is amended to read as follows: 35 § 70.00 Sentence of imprisonment for felony. 36 1. Indeterminate sentence. Except as provided in subdivisions three 37 and four[, five and six] of this section or section 70.80 of this arti- 38 cle, [a] the term of sentence [of imprisonment] for a felony, other than 39 a felony defined in article two hundred twenty [or two hundred twenty- 40 one] of this chapter, shall be fixed by the court. If a court finds that 41 sentence of imprisonment of more than one year is the minimum term of 42 imprisonment necessary to achieve the goals of sentencing, the court 43 shall impose an indeterminate sentence. When such a sentence is imposed, 44 the court shall impose a maximum term in accordance with the provisions 45 of subdivision two of this section [and the minimum period of imprison- 46 ment shall be as provided in subdivision three of this section]. The 47 minimum period shall be fixed by the court and specified in the sentence 48 and shall be not less than one year nor more than one-third of the maxi- 49 mum term imposed, or the court may impose a definite sentence of impri- 50 sonment and fix a term of less than one year. 51 2. Maximum term of sentence. The maximum term of an indeterminate 52 sentence shall be at least three years and the term shall be fixed as 53 follows: 54 (a) For a class A felony, the term shall be life imprisonment; 55 (b) For a class B felony, the term shall be fixed by the court, and 56 shall not exceed twenty-five years;
S. 1209 4 1 (c) For a class C felony, the term shall be fixed by the court, and 2 shall not exceed fifteen years; 3 (d) For a class D felony, the term shall be fixed by the court, and 4 shall not exceed seven years; and 5 (e) For a class E felony, the term shall be fixed by the court, and 6 shall not exceed four years. 7 3. [Minimum period of imprisonment. The minimum period of imprisonment 8 under an indeterminate sentence shall be at least one year and shall be 9 fixed as follows: 10 (a) In the case of a class A felony, the minimum period shall be fixed 11 by the court and specified in the sentence. 12 (i) For a class A-I felony, such minimum period shall not be less than 13 fifteen years nor more than twenty-five years; provided, however, that 14 (A) where a sentence, other than a sentence of death or life imprison- 15 ment without parole, is imposed upon a defendant convicted of murder in 16 the first degree as defined in section 125.27 of this chapter such mini- 17 mum period shall be not less than twenty years nor more than twenty-five 18 years, and, (B) where a sentence is imposed upon a defendant convicted 19 of murder in the second degree as defined in subdivision five of section 20 125.25 of this chapter or convicted of aggravated murder as defined in 21 section 125.26 of this chapter, the sentence shall be life imprisonment 22 without parole, and, (C) where a sentence is imposed upon a defendant 23 convicted of attempted murder in the first degree as defined in article 24 one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of 25 paragraph (a) of subdivision one and paragraph (b) of subdivision one of 26 section 125.27 of this chapter or attempted aggravated murder as defined 27 in article one hundred ten of this chapter and section 125.26 of this 28 chapter such minimum period shall be not less than twenty years nor more 29 than forty years. 30 (ii) For a class A-II felony, such minimum period shall not be less 31 than three years nor more than eight years four months, except that for 32 the class A-II felony of predatory sexual assault as defined in section 33 130.95 of this chapter or the class A-II felony of predatory sexual 34 assault against a child as defined in section 130.96 of this chapter, 35 such minimum period shall be not less than ten years nor more than twen- 36 ty-five years. 37 (b) For any other felony, the minimum period shall be fixed by the 38 court and specified in the sentence and shall be not less than one year 39 nor more than one-third of the maximum term imposed. 40 4. Alternative definite sentence for class D and E felonies. When a 41 person, other than a second or persistent felony offender, is sentenced 42 for a class D or class E felony, and the court, having regard to the 43 nature and circumstances of the crime and to the history and character 44 of the defendant, is of the opinion that a sentence of imprisonment is 45 necessary but that it would be unduly harsh to impose an indeterminate 46 or determinate sentence, the court may impose a definite sentence of 47 imprisonment and fix a term of one year or less. 48 5.] Life imprisonment without parole. Notwithstanding any other 49 provision of law, a defendant sentenced to life imprisonment without 50 parole shall not be or become eligible for parole or conditional 51 release. For purposes of commitment and custody, other than parole and 52 conditional release, such sentence shall be deemed to be an indetermi- 53 nate sentence. A defendant may be sentenced to life imprisonment without 54 parole upon conviction for the crime of murder in the first degree as 55 defined in section 125.27 of this chapter and in accordance with the 56 procedures provided by law for imposing a sentence for such crime. A
S. 1209 5 1 defendant who was eighteen years of age or older at the time of the 2 commission of the crime must be sentenced to life imprisonment without 3 parole upon conviction for the crime of terrorism as defined in section 4 490.25 of this chapter, where the specified offense the defendant 5 committed is a class A-I felony; the crime of criminal possession of a 6 chemical weapon or biological weapon in the first degree as defined in 7 section 490.45 of this chapter; or the crime of criminal use of a chemi- 8 cal weapon or biological weapon in the first degree as defined in 9 section 490.55 of this chapter; provided, however, that nothing in this 10 subdivision shall preclude or prevent a sentence of death when the 11 defendant is also convicted of the crime of murder in the first degree 12 as defined in section 125.27 of this chapter. A defendant who was seven- 13 teen years of age or younger at the time of the commission of the crime 14 may be sentenced, in accordance with law, to the applicable indetermi- 15 nate sentence with a maximum term of life imprisonment. A defendant must 16 be sentenced to life imprisonment without parole upon conviction for the 17 crime of murder in the second degree as defined in subdivision five of 18 section 125.25 of this chapter or for the crime of aggravated murder as 19 defined in subdivision one of section 125.26 of this chapter. A defend- 20 ant may be sentenced to life imprisonment without parole upon conviction 21 for the crime of aggravated murder as defined in subdivision two of 22 section 125.26 of this chapter. 23 [6.] 4. Determinate sentence. [Except as provided in subdivision four 24 of this section and subdivisions two and four of section 70.02, when] 25 When a person is sentenced as a violent felony offender pursuant to 26 section 70.02 [or as a second violent felony offender pursuant to 27 section 70.04 or as a second felony offender on a conviction for a 28 violent felony offense pursuant to section 70.06] of this article, the 29 sentence shall be fixed by the court. If a court finds that a sentence 30 of imprisonment of more than one year is the minimum term of imprison- 31 ment necessary to achieve the goals of sentencing, the court must impose 32 a determinate sentence of imprisonment in accordance with the provisions 33 of such [sections and such sentence shall include, as a part thereof, a 34 period of post-release supervision in accordance with section 70.45] 35 section. 36 § 7. Subdivision d of section 74 of chapter 3 of the laws of 1995, 37 enacting the sentencing reform act of 1995, as amended by section 17 of 38 part A of chapter 55 of the laws of 2023, is amended to read as follows: 39 d. Sections one-a [through], one-b, two, four through eight, eleven, 40 twelve, twenty, twenty-four through twenty-eight, thirty through thir- 41 ty-nine, forty-two and forty-four of this act shall be deemed repealed 42 on September 1, 2025; 43 § 8. Subdivisions 2 and 4 of section 70.02 of the penal law are 44 REPEALED and subdivision 3, as amended by chapter 765 of the laws of 45 2005, paragraphs (b) and (c) as amended by chapter 1 of the laws of 46 2013, is amended to read as follows: 47 [3.] 2. Term of sentence. The term [of a determinate sentence] for a 48 violent felony offense must be fixed by the court. The court may impose 49 a definite sentence of imprisonment and fix a term of less than one 50 year. If a court finds that a sentence of imprisonment of more than one 51 year is the minimum term of imprisonment necessary to achieve the goals 52 of sentencing, the court shall impose a determinate sentence as follows: 53 (a) For a class B felony, the term must be at least [five years] one 54 year and must not exceed twenty-five years, provided, however, that the 55 term [must be]: (i) [at least ten years and] must not exceed thirty 56 years where the sentence is for the crime of aggravated assault upon a
S. 1209 6 1 police officer or peace officer as defined in section 120.11 of this 2 chapter; and (ii) [at least ten years and] must not exceed thirty years 3 where the sentence is for the crime of aggravated manslaughter in the 4 first degree as defined in section 125.22 of this chapter; 5 (b) For a class C felony, the term must be at least [three and one- 6 half years] one year and must not exceed fifteen years, provided, howev- 7 er, that the term [must be]: (i) [at least seven years and] must not 8 exceed twenty years where the sentence is for the crime of aggravated 9 manslaughter in the second degree as defined in section 125.21 of this 10 chapter; (ii) [at least seven years and] must not exceed twenty years 11 where the sentence is for the crime of attempted aggravated assault upon 12 a police officer or peace officer as defined in section 120.11 of this 13 chapter; (iii) [at least three and one-half years and] must not exceed 14 twenty years where the sentence is for the crime of aggravated criminal- 15 ly negligent homicide as defined in section 125.11 of this chapter; and 16 (iv) [at least five years and] must not exceed fifteen years where the 17 sentence is imposed for the crime of aggravated criminal possession of a 18 weapon as defined in section 265.19 of this chapter; 19 (c) For a class D felony, the term must be at least [two years] one 20 year and must not exceed seven years, provided, however, that the term 21 [must be]: (i) [at least two years and] must not exceed eight years 22 where the sentence is for the crime of menacing a police officer or 23 peace officer as defined in section 120.18 of this chapter; and (ii) [at 24 least three and one-half years and] must not exceed seven years where 25 the sentence is imposed for the crime of criminal possession of a weapon 26 in the third degree as defined in subdivision ten of section 265.02 of 27 this chapter; and 28 (d) For a class E felony, the term must be at least one [and one-half 29 years] year and must not exceed four years. 30 § 9. Sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07, 70.08 and 31 70.10 of the penal law are REPEALED. 32 § 10. Subdivisions 1 and 3 of section 70.05 of the penal law, subdivi- 33 sion 1 as amended by chapter 615 of the laws of 1984, subdivision 3 as 34 added by chapter 481 of the laws of 1978, paragraph (a) of subdivision 3 35 as amended by chapter 174 of the laws of 2003 and paragraph (c) of 36 subdivision 3 as amended by chapter 435 of the laws of 1998, are amended 37 to read as follows: 38 1. Indeterminate sentence. A sentence of imprisonment for a felony 39 committed by a juvenile offender shall be fixed by the court. If a court 40 finds that a sentence of imprisonment of more than one year is the mini- 41 mum term of imprisonment necessary to achieve the goals of sentencing, 42 the court shall impose an indeterminate sentence. When such a sentence 43 is imposed, the court shall impose a maximum term in accordance with the 44 provisions of subdivision two of this section and the minimum period of 45 imprisonment shall be as provided in subdivision three of this section. 46 The court shall further provide that where a juvenile offender is under 47 placement pursuant to article three of the family court act, any 48 sentence imposed pursuant to this section which is to be served consec- 49 utively with such placement shall be served in a facility designated 50 pursuant to subdivision four of section 70.20 of this article prior to 51 service of the placement in any previously designated facility. 52 3. Minimum period of imprisonment. The court may impose a definite 53 sentence of imprisonment and fix a term of less than one year. The mini- 54 mum period of imprisonment under an indeterminate sentence for a juve- 55 nile offender shall be not less than one year nor more than one-third of 56 the maximum term imposed and specified in the sentence as follows:
S. 1209 7 1 (a) For the class A felony of murder in the second degree, the minimum 2 period of imprisonment shall be fixed by the court and shall [be not 3 less than five years but shall] not exceed nine years provided, however, 4 that where the sentence is for an offense specified in subdivision one 5 or two of section 125.25 of this chapter and the defendant was fourteen 6 or fifteen years old at the time of such offense, the minimum period of 7 imprisonment shall [be not less than seven and one-half years but shall] 8 not exceed fifteen years; 9 (b) For the class A felony of arson in the first degree, or for the 10 class A felony of kidnapping in the first degree, the minimum period of 11 imprisonment shall be fixed by the court and shall [be not less than 12 four years but shall] not exceed six years; and 13 (c) For a class B, C or D felony, the minimum period of imprisonment 14 shall be fixed by the court at one-third of the maximum term imposed. 15 § 11. Paragraph (c) of subdivision 1-a of section 70.15 of the penal 16 law, as added by section 2 of part OO of chapter 55 of the laws of 2019, 17 is amended to read as follows: 18 (c) Any sentence for a misdemeanor conviction imposed prior to the 19 effective date of this subdivision that is a definite sentence of impri- 20 sonment of one year, or three hundred sixty-five days, shall, by opera- 21 tion of law, be changed to, mean and be interpreted and applied as a 22 sentence of three hundred sixty-four days. In addition to any other 23 right of a person to obtain a record of a proceeding against [him or 24 her] them, [a person so sentenced prior to the effective date of this 25 subdivision shall be entitled to obtain, from] the criminal court or the 26 clerk thereof, shall not issue a certificate of conviction, as described 27 in subdivision one of section 60.60 of the criminal procedure law, 28 setting forth [such sentence as the sentence specified in this para- 29 graph] sentences of one year. The criminal court or clerk thereof shall 30 only issue certificates of conviction setting forth sentences of three 31 hundred sixty-four days or less. The court shall implement this 32 provision within ninety days of the effective date of the chapter of the 33 laws of two thousand twenty-three that amended this paragraph. 34 § 12. Paragraph (a) of subdivision 1 of section 70.20 of the penal 35 law, as amended by section 124 of subpart B of part C of chapter 62 of 36 the laws of 2011, is amended to read as follows: 37 (a) Indeterminate or determinate sentence. Except as provided in 38 subdivision four of this section, when an indeterminate or determinate 39 sentence of imprisonment is imposed, the court shall commit the defend- 40 ant to the custody of the state department of corrections and community 41 supervision for the term of [his or her] their sentence and until 42 released in accordance with the law[; provided, however, that a defend- 43 ant sentenced pursuant to subdivision seven of section 70.06 shall be 44 committed to the custody of the state department of corrections and 45 community supervision for immediate delivery to a reception center oper- 46 ated by the department]. 47 § 13. Section 70.25 of the penal law, subdivision 1 as amended and 48 subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a) 49 of subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of subdi- 50 vision 5 as amended by chapter 3 of the laws of 1995, subdivision 2 as 51 amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by 52 chapter 495 of the laws of 2009, subdivisions 2-c and 2-d as added by 53 chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122 54 of the laws of 1996, subdivision 2-f as added by chapter 1 of the laws 55 of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and
S. 1209 8 1 subdivision 4 as added by chapter 782 of the laws of 1975, is amended to 2 read as follows: 3 § 70.25 Concurrent and consecutive terms of imprisonment. 4 1. Except as provided in [subdivisions] subdivision two[, two-a and 5 five] of this section, when multiple sentences of imprisonment are 6 imposed on a person at the same time, or when a person who is subject to 7 any undischarged term of imprisonment imposed at a previous time by a 8 court of this state is sentenced to an additional term of imprisonment, 9 the sentence or sentences imposed by the court shall run either concur- 10 rently or consecutively with respect to each other and the undischarged 11 term or terms in such manner as the court directs at the time of 12 sentence. If the court does not specify the manner in which a sentence 13 imposed by it is to run, the sentence shall run as follows: 14 (a) An indeterminate or determinate sentence shall run concurrently 15 with all other terms; and 16 (b) A definite sentence shall run concurrently with [any sentence 17 imposed at the same time and shall be consecutive to any other term] all 18 other terms. 19 2. When more than one sentence of imprisonment is imposed on a person 20 for two or more offenses committed through a single act or omission, or 21 through an act or omission which in itself constituted one of the 22 offenses and also was a material element of the other, the sentences, 23 except if one or more of such sentences is for a violation of section 24 270.20 of this chapter, must run concurrently. 25 [2-a. When an indeterminate or determinate sentence of imprisonment is 26 imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10, subdivi- 27 sion three or four of section 70.70, subdivision three or four of 28 section 70.71 or subdivision five of section 70.80 of this article, or 29 is imposed for a class A-I felony pursuant to section 70.00 of this 30 article, and such person is subject to an undischarged indeterminate or 31 determinate sentence of imprisonment imposed prior to the date on which 32 the present crime was committed, the court must impose a sentence to run 33 consecutively with respect to such undischarged sentence. 34 2-b. When a person is convicted of a violent felony offense committed 35 after arraignment and while released on recognizance or bail, but 36 committed prior to the imposition of sentence on a pending felony 37 charge, and if an indeterminate or determinate sentence of imprisonment 38 is imposed in each case, such sentences shall run consecutively. 39 Provided, however, that the court may, in the interest of justice, order 40 a sentence to run concurrently in a situation where consecutive 41 sentences are required by this subdivision if it finds either mitigating 42 circumstances that bear directly upon the manner in which the crime was 43 committed or, where the defendant was not the sole participant in the 44 crime, the defendant's participation was relatively minor although not 45 so minor as to constitute a defense to the prosecution. The defendant 46 and the district attorney shall have an opportunity to present relevant 47 information to assist the court in making this determination and the 48 court may, in its discretion, conduct a hearing with respect to any 49 issue bearing upon such determination. If the court determines that 50 consecutive sentences should not be ordered, it shall make a statement 51 on the record of the facts and circumstances upon which such determi- 52 nation is based. 53 2-c. When a person is convicted of bail jumping in the second degree 54 as defined in section 215.56 or bail jumping in the first degree as 55 defined in section 215.57 committed after arraignment and while released 56 on recognizance or bail in connection with a pending indictment or
S. 1209 9 1 information charging one or more felonies, at least one of which he is 2 subsequently convicted, and if an indeterminate sentence of imprisonment 3 is imposed in each case, such sentences shall run consecutively. 4 Provided, however, that the court may, in the interest of justice, order 5 a sentence to run concurrently in a situation where consecutive 6 sentences are required by this subdivision if it finds mitigating 7 circumstances that bear directly upon the manner in which the crime was 8 committed. The defendant and the district attorney shall have an oppor- 9 tunity to present relevant information to assist the court in making 10 this determination and the court may, in its discretion, conduct a hear- 11 ing with respect to any issue bearing upon such determination. If the 12 court determines that consecutive sentences should not be ordered, it 13 shall make a statement on the record of the facts and circumstances upon 14 which such determination is based. 15 2-d. When a person is convicted of escape in the second degree as 16 defined in section 205.10 or escape in the first degree as defined in 17 section 205.15 committed after issuance of a securing order, as defined 18 in subdivision five of section 500.10 of the criminal procedure law, in 19 connection with a pending indictment or information charging one or more 20 felonies, at least one of which he is subsequently convicted, and if an 21 indeterminate sentence of imprisonment is imposed in each case, such 22 sentences shall run consecutively. Provided, however, that the court 23 may, in the interest of justice, order a sentence to run concurrently in 24 a situation where consecutive sentences are required by this subdivision 25 if it finds mitigating circumstances that bear directly upon the manner 26 in which the crime was committed. The defendant and the district attor- 27 ney shall have an opportunity to present relevant information to assist 28 the court in making this determination and the court may, in its 29 discretion, conduct a hearing with respect to any issue bearing upon 30 such determination. If the court determines that consecutive sentences 31 should not be ordered, it shall make a statement on the record of the 32 facts and circumstances upon which such determination is based. 33 2-e.] 2-a. Whenever a person is convicted of course of sexual conduct 34 against a child in the first degree as defined in section 130.75 or 35 course of sexual conduct against a child in the second degree as defined 36 in section 130.80 and any other crime under article one hundred thirty 37 committed against the same child and within the period charged under 38 section 130.75 or 130.80, the sentences must run concurrently. 39 [2-f.] 2-b. Whenever a person is convicted of facilitating a sex 40 offense with a controlled substance as defined in section 130.90 of this 41 chapter, the sentence imposed by the court for such offense may be 42 ordered to run consecutively to any sentence imposed upon conviction of 43 an offense defined in article one hundred thirty of this chapter arising 44 from the same criminal transaction. 45 [2-g.] 2-c. Whenever a person is convicted of unlawful manufacture of 46 methamphetamine in the third degree as defined in section 220.73 of this 47 chapter, unlawful manufacture of methamphetamine in the second degree as 48 defined in section 220.74 of this chapter, or unlawful manufacture of 49 methamphetamine in the first degree as defined in section 220.75 of this 50 chapter, or any attempt to commit any of such offenses, and such person 51 is also convicted, with respect to such unlawful methamphetamine labora- 52 tory, of unlawful disposal of methamphetamine laboratory material as 53 defined in section 220.76 of this chapter, the sentences must run 54 concurrently. 55 3. Where consecutive definite sentences of imprisonment are not 56 prohibited by subdivision two of this section and are imposed on a
S. 1209 10 1 person for offenses which were committed as parts of a single incident 2 or transaction, the aggregate of the terms of such sentences shall not 3 exceed one year. 4 4. When a person, who is subject to any undischarged term of imprison- 5 ment imposed at a previous time by a court of another jurisdiction, is 6 sentenced to an additional term or terms of imprisonment by a court of 7 this state, the sentence or sentences imposed by the court of this 8 state, subject to the provisions of subdivisions one, two and three of 9 this section, shall run either concurrently or consecutively with 10 respect to such undischarged term in such manner as the court directs at 11 the time of sentence. If the court of this state does not specify the 12 manner in which a sentence imposed by it is to run, the sentence or 13 sentences shall run [consecutively] concurrently. 14 [5. (a) Except as provided in paragraph (c) of this subdivision, when 15 a person is convicted of assault in the second degree, as defined in 16 subdivision seven of section 120.05 of this chapter, any definite, inde- 17 terminate or determinate term of imprisonment which may be imposed as a 18 sentence upon such conviction shall run consecutively to any undisc- 19 harged term of imprisonment to which the defendant was subject and for 20 which he was confined at the time of the assault. 21 (b) Except as provided in paragraph (c) of this subdivision, when a 22 person is convicted of assault in the second degree, as defined in 23 subdivision seven of section 120.05 of this chapter, any definite, inde- 24 terminate or determinate term of imprisonment which may be imposed as a 25 sentence upon such conviction shall run consecutively to any term of 26 imprisonment which was previously imposed or which may be prospectively 27 imposed where the person was confined within a detention facility at the 28 time of the assault upon a charge which culminated in such sentence of 29 imprisonment. 30 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 31 subdivision, a term of imprisonment imposed upon a conviction to assault 32 in the second degree as defined in subdivision seven of section 120.05 33 of this chapter may run concurrently to any other term of imprisonment, 34 in the interest of justice, provided the court sets forth in the record 35 its reasons for imposing a concurrent sentence. Nothing in this section 36 shall require the imposition of a sentence of imprisonment where it is 37 not otherwise required by law.] 38 § 14. Paragraphs (a) and (f) of subdivision 1 and the opening para- 39 graph of subdivision 3 of section 70.30 of the penal law, paragraph (a) 40 of subdivision 1 as amended by chapter 3 of the laws of 1995, paragraph 41 (f) of subdivision 1 as added by chapter 481 of the laws of 1978 and as 42 relettered by chapter 3 of the laws of 1995, and the opening paragraph 43 of subdivision 3 as amended by chapter 1 of the laws of 1998, are 44 amended to read as follows: 45 (a) If the sentences run concurrently, the time served under imprison- 46 ment on any of the sentences shall be credited against the minimum and 47 maximum periods of all the concurrent indeterminate sentences and 48 against the terms of all the concurrent determinate sentences. The maxi- 49 mum term or terms of the indeterminate sentences and the term or terms 50 of the determinate sentences shall merge in and be satisfied by 51 discharge of the term which has the longest unexpired time to run; 52 (f) The aggregate maximum term of consecutive sentences imposed upon a 53 juvenile offender for two or more crimes, not including a class A felo- 54 ny, committed before [he has] they have reached the age of sixteen, 55 shall, if it exceeds ten years, be deemed to be ten years. If consec- 56 utive indeterminate sentences imposed upon a juvenile offender include a
S. 1209 11 1 sentence for the class A felony of arson in the first degree or for the 2 class A felony of kidnapping in the first degree, then the aggregate 3 maximum term of such sentences shall, if it exceeds fifteen years, be 4 deemed to be fifteen years. Where the aggregate maximum term of two or 5 more consecutive sentences is reduced by a calculation made pursuant to 6 this paragraph, the aggregate minimum period of imprisonment, if it 7 exceeds [one-half] one-third of the aggregate maximum term as so 8 reduced, shall be deemed to be [one-half] one-third of the aggregate 9 maximum term as so reduced. 10 The term of a definite sentence, a determinate sentence, or the maxi- 11 mum term of an indeterminate sentence imposed on a person shall be cred- 12 ited with and diminished by the amount of time the person spent in 13 custody prior to the commencement of such sentence as a result of [the] 14 any pending charge [that culminated in the sentence]. In the case of an 15 indeterminate sentence, if the minimum period of imprisonment has been 16 fixed by the court or by the board of parole, the credit shall also be 17 applied against the minimum period. The credit herein provided shall be 18 calculated from the date custody under the charge commenced to the date 19 the sentence commences and shall not include any time that is credited 20 against the term or maximum term of any previously imposed sentence or 21 period of post-release supervision to which the person is subject. 22 Provided, however, that when a person is subject to an undischarged term 23 of imprisonment or post-release supervision following parole release, 24 presumptive release or conditional release from an indeterminate 25 sentence, or conditional release or maximum expiration of a determinate 26 sentence, and is held in pretrial custody in a local correctional facil- 27 ity on a new charge or charges that culminate in an indeterminate or 28 determinate term of imprisonment, the time spent in pre-trial custody in 29 a local correctional facility on such charge or charges, from the date 30 custody commenced to the date of commencement of the subsequently 31 imposed indeterminate or determinate sentence, shall be credited as jail 32 time; and provided further that when jail time is credited in such 33 manner the time spent in pre-trial custody shall not be credited to the 34 previously imposed sentence to which the person is subject. Where the 35 charge or charges culminate in more than one sentence, the credit shall 36 be applied as follows: 37 § 15. Section 10 of chapter 339 of the laws of 1972, amending the 38 correction law and the penal law relating to inmate work release, 39 furlough and leave, as amended by section 6 of part A of chapter 55 of 40 the laws of 2023, is amended to read as follows: 41 § 10. This act shall take effect 30 days after it shall have become a 42 law [and]; provided that sections one through eight of this act shall 43 remain in effect until September 1, 2025[,]; and provided further that 44 the commissioner of correctional services shall report each January 45 first, and July first, to the [chairman] chair of the senate crime 46 victims, crime and correction committee, the senate codes committee, the 47 assembly correction committee, and the assembly codes committee, the 48 number of eligible [inmates] incarcerated individuals in each facility 49 under the custody and control of the commissioner who have applied for 50 participation in any program offered under the provisions of work 51 release, furlough, or leave, and the number of such [inmates] incarcer- 52 ated individuals who have been approved for participation. 53 § 16. Section 70.35 of the penal law, as amended by section 127-a of 54 subpart B of part C of chapter 62 of the laws of 2011, is amended to 55 read as follows:
S. 1209 12 1 § 70.35 Merger of certain definite and indeterminate or determinate 2 sentences. 3 The service of an indeterminate or determinate sentence of imprison- 4 ment shall satisfy any definite sentence of imprisonment imposed on a 5 person for an offense committed prior to the time the indeterminate or 6 determinate sentence was imposed, [except as provided in paragraph (b) 7 of subdivision five of section 70.25 of this article]. A person who is 8 serving a definite sentence at the time an indeterminate or determinate 9 sentence is imposed shall be delivered to the custody of the state 10 department of corrections and community supervision to commence service 11 of the indeterminate or determinate sentence immediately [unless the 12 person is serving a definite sentence pursuant to paragraph (b) of 13 subdivision five of section 70.25 of this article]. In any case where 14 the indeterminate or determinate sentence is revoked or vacated, the 15 person shall receive credit against the definite sentence for each day 16 spent in the custody of the state department of corrections and communi- 17 ty supervision. 18 § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 19 laws of 1997, amending the military law and other laws relating to vari- 20 ous provisions, as amended by section 13 of part A of chapter 55 of the 21 laws of 2023, is amended to read as follows: 22 a. sections forty-three through [forty-five] forty-four of this act 23 shall expire and be deemed repealed on September 1, 2025; 24 § 18. Subdivisions (f), (g) and (h) of section 15 of part E of chapter 25 62 of the laws of 2003, amending the correction law and other laws 26 relating to various provisions, are amended to read as follows: 27 (f) the amendments made to subdivision 2 of section 259-c of the exec- 28 utive law made by section seven of this act shall not affect the expira- 29 tion of such subdivision and shall be deemed to expire therewith; and 30 (g) the amendments to paragraph (a) of subdivision 2 and subparagraph 31 (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i 32 of the executive law made by section eleven of this act shall not affect 33 the expiration of such paragraph (a) of subdivision 2, such subparagraph 34 (i) of paragraph (a) and such paragraph (d) of subdivision 3 and shall 35 be deemed to expire therewith[; and 36 (h) paragraph (c) of subdivision 1 of section 70.40 of the penal law 37 as added by section thirteen of this act shall expire and be deemed 38 repealed on the same date as subdivision 6 of section 76 of chapter 435 39 of the laws of 1997, as amended]. 40 § 19. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law, 41 subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision 42 2 as amended and subdivision 2-a as added by chapter 7 of the laws of 43 2007, paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 as 44 amended by chapter 31 of the laws of 2019, and subdivision 3 as added by 45 chapter 1 of the laws of 1998, are amended to read as follows: 46 1. In general. When a court imposes a determinate sentence it shall in 47 each case state not only the term of imprisonment, but also an addi- 48 tional period of post-release supervision as determined pursuant to this 49 article. Such period shall commence as provided in subdivision five of 50 this section and a violation of any condition of supervision occurring 51 at any time during such period of post-release supervision shall subject 52 the defendant to a further period of imprisonment up to the balance of 53 the remaining period of post-release supervision, not to exceed five 54 years; provided, however, that a defendant serving a term of post-re- 55 lease supervision for a conviction of a felony sex offense, as defined 56 in section 70.80 of this article, may be subject to a further period of
S. 1209 13 1 imprisonment up to the balance of the remaining period of post-release 2 supervision. Notwithstanding any other provision of law to the contra- 3 ry, no person serving a period of post-release supervision shall be 4 confined in a correctional facility, including a residential treatment 5 facility as defined in subdivision six of section two of the correction 6 law, except following a revocation hearing as set forth in section two 7 hundred fifty-nine-i of the executive law. Such maximum limits shall not 8 preclude a longer period of further imprisonment for a violation where 9 the defendant is subject to indeterminate and determinate sentences. 10 2. Period of post-release supervision for other than felony sex 11 offenses. The period of post-release supervision for a determinate 12 sentence, other than a determinate sentence imposed for a felony sex 13 offense as defined in paragraph (a) of subdivision one of section 70.80 14 of this article, shall [be] not exceed five years except that: 15 (a) such period shall [be] not exceed one year whenever a determinate 16 sentence of imprisonment is imposed pursuant to subdivision two of 17 section 70.70 of this article or subdivision nine of section 60.12 of 18 this title upon a conviction of a class D or class E felony offense; 19 (b) such period shall be not [less than one year nor] more than two 20 years whenever a determinate sentence of imprisonment is imposed pursu- 21 ant to subdivision two of section 70.70 of this article or subdivision 22 nine of section 60.12 of this title upon a conviction of a class B or 23 class C felony offense; 24 (c) such period shall be not [less than one year nor] more than two 25 years whenever a determinate sentence of imprisonment is imposed pursu- 26 ant to [subdivision three or four of section 70.70 of this article upon 27 conviction of a class D or class E felony offense or] subdivision ten of 28 section 60.12 of this title; 29 (d) such period shall be not [less than one and one-half years nor] 30 more than three years whenever a determinate sentence of imprisonment is 31 imposed pursuant to [subdivision three or four of section 70.70 of this 32 article upon conviction of a class B felony or class C felony offense 33 or] subdivision eleven of section 60.12 of this title; 34 (e) such period shall be not [less than one and one-half years nor] 35 more than three years whenever a determinate sentence of imprisonment is 36 imposed pursuant to subdivision [three] two of section 70.02 of this 37 article or subdivision two or eight of section 60.12 of this title upon 38 a conviction of a class D or class E violent felony offense or subdivi- 39 sion four, five, six, or seven of section 60.12 of this title; 40 (f) such period shall be not [less than two and one-half years nor] 41 more than five years whenever a determinate sentence of imprisonment is 42 imposed pursuant to subdivision [three] two of section 70.02 of this 43 article or subdivision two or eight of section 60.12 of this title upon 44 a conviction of a class B or class C violent felony offense. 45 2-a. Periods of post-release supervision for felony sex offenses. The 46 period of post-release supervision for a determinate sentence imposed 47 for a felony sex offense as defined in paragraph (a) of subdivision one 48 of section 70.80 of this article shall be as follows: 49 (a) not [less than three years nor] more than ten years whenever a 50 determinate sentence of imprisonment is imposed pursuant to subdivision 51 four of section 70.80 of this article upon a conviction of a class D or 52 class E felony sex offense; 53 (b) not [less than five years nor] more than fifteen years whenever a 54 determinate sentence of imprisonment is imposed pursuant to subdivision 55 four of section 70.80 of this article upon a conviction of a class C 56 felony sex offense;
S. 1209 14 1 (c) not [less than five years nor] more than twenty years whenever a 2 determinate sentence of imprisonment is imposed pursuant to subdivision 3 four of section 70.80 of this article upon a conviction of a class B 4 felony sex offense; 5 (d) not [less than three years nor] more than ten years whenever a 6 determinate sentence is imposed pursuant to subdivision [three] two of 7 section 70.02 of this article upon a conviction of a class D or class E 8 violent felony sex offense as defined in paragraph (b) of subdivision 9 one of section 70.80 of this article; 10 (e) not [less than five years nor] more than fifteen years whenever a 11 determinate sentence is imposed pursuant to subdivision [three] two of 12 section 70.02 of this article upon a conviction of a class C violent 13 felony sex offense as defined in section 70.80 of this article; 14 (f) not [less than five years nor] more than twenty years whenever a 15 determinate sentence is imposed pursuant to subdivision [three] two of 16 section 70.02 of this article upon a conviction of a class B violent 17 felony sex offense as defined in section 70.80 of this article; 18 (g) not [less than five years nor] more than fifteen years whenever a 19 determinate sentence of imprisonment is imposed pursuant to [either 20 section 70.04, section 70.06, or subdivision five of] section 70.80 of 21 this article upon a conviction of a class D or class E violent or non- 22 violent felony sex offense as defined in section 70.80 of this article; 23 (h) not [less than seven years nor] more than twenty years whenever a 24 determinate sentence of imprisonment is imposed pursuant to [either 25 section 70.04, section 70.06, or subdivision five of] section 70.80 of 26 this article upon a conviction of a class C violent or non-violent felo- 27 ny sex offense as defined in section 70.80 of this article; and 28 (i) such period shall be not [less than ten years nor] more than twen- 29 ty-five years whenever a determinate sentence of imprisonment is imposed 30 pursuant to [either section 70.04, section 70.06, or subdivision five 31 of] section 70.80 of this article upon a conviction of a class B violent 32 or non-violent felony sex offense as defined in section 70.80 of this 33 article[; and 34 (j) such period shall be not less than ten years nor more than twenty 35 years whenever any determinate sentence of imprisonment is imposed 36 pursuant to subdivision four of section 70.07 of this article]. 37 3. Conditions of post-release supervision. The board of parole shall 38 establish and impose conditions of post-release supervision in the same 39 manner and to the same extent as it may establish and impose conditions 40 in accordance with the executive law upon persons who are granted parole 41 or conditional release[; provided that, notwithstanding any other 42 provision of law, the board of parole may impose as a condition of post- 43 release supervision that for a period not exceeding six months imme- 44 diately following release from the underlying term of imprisonment the 45 person be transferred to and participate in the programs of a residen- 46 tial treatment facility as that term is defined in subdivision six of 47 section two of the correction law]. Upon release from the underlying 48 term of imprisonment, the person shall be furnished with a written 49 statement setting forth the conditions of post-release supervision in 50 sufficient detail to provide for the person's conduct and supervision. 51 § 20. Subdivisions 1 and 2 of section 70.70 of the penal law, as added 52 by chapter 738 of the laws of 2004, paragraphs (a) and (b) of subdivi- 53 sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter 54 92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision 55 2 as amended by section 21 and paragraph (d) of subdivision 2 as added
S. 1209 15 1 by section 23 of part AAA of chapter 56 of the laws of 2009, are amended 2 to read as follows: 3 1. For the purposes of this section, [the following terms shall mean: 4 (a) "Felony] "felony drug offender" means a defendant who stands 5 convicted of any felony, defined in article two hundred twenty or two 6 hundred twenty-two of this chapter other than a class A felony. 7 [(b) "Second felony drug offender" means a second felony offender as 8 that term is defined in subdivision one of section 70.06 of this arti- 9 cle, who stands convicted of any felony, defined in article two hundred 10 twenty or two hundred twenty-two of this chapter other than a class A 11 felony. 12 (c) "Violent felony" shall have the same meaning as that term is 13 defined in subdivision one of section 70.02 of this article.] 14 2. [Except as provided in subdivision three or four of this section, 15 a] (a) Term of sentence. The term of sentence [of imprisonment] for a 16 felony drug offender shall be fixed by the court. The court may impose a 17 definite sentence of imprisonment and fix a term of less than one year. 18 If a court finds that a sentence of imprisonment of more than one year 19 is the minimum term of imprisonment necessary to achieve the goals of 20 sentencing, the court shall impose a determinate sentence as provided in 21 paragraph [(a)] (b) of this subdivision. 22 [(a)] (b) Term of determinate sentence. [Except as provided in para- 23 graph (b) or (c) of this subdivision, the court shall impose a] A deter- 24 minate term of imprisonment [upon a felony drug offender which] shall be 25 imposed by the court in whole or half years, which shall include as a 26 part thereof a period of post-release supervision in accordance with 27 section 70.45 of this article. The terms of imprisonment authorized for 28 such determinate sentences are as follows: 29 (i) for a class B felony, the term shall [be at least one year and 30 shall] not exceed nine years[, except that for the class B felony of 31 criminal sale of a controlled substance in or near school grounds as 32 defined in subdivision two of section 220.44 of this chapter or on a 33 school bus as defined in subdivision seventeen of section 220.00 of this 34 chapter or criminal sale of a controlled substance to a child as defined 35 in section 220.48 of this chapter, the term shall be at least two years 36 and shall not exceed nine years]; 37 (ii) for a class C felony, the term shall [be at least one year and 38 shall] not exceed five and one-half years; 39 (iii) for a class D felony, the term shall [be at least one year and 40 shall] not exceed two and one-half years; and 41 (iv) for a class E felony, the term shall [be at least one year and 42 shall] not exceed one and one-half years. 43 [(b) Probation. Notwithstanding any other provision of law, the court 44 may sentence a defendant convicted of a class B, class C, class D or 45 class E felony offense defined in article two hundred twenty or two 46 hundred twenty-two of this chapter to probation in accordance with the 47 provisions of sections 60.04 and 65.00 of this chapter. 48 (c) Alternative definite sentence for class B, class C, class D, and 49 class E felonies. If the court, having regard to the nature and circum- 50 stances of the crime and to the history and character of the defendant, 51 is of the opinion that a sentence of imprisonment is necessary but that 52 it would be unduly harsh to impose a determinate sentence upon a person 53 convicted of a class C, class D or class E felony offense defined in 54 article two hundred twenty or two hundred twenty-two of this chapter, or 55 a class B felony defined in article two hundred twenty of this chapter, 56 other than the class B felony defined in section 220.48 of this chapter,
S. 1209 16 1 as added by a chapter of the laws of two thousand nine the court may 2 impose a definite sentence of imprisonment and fix a term of one year or 3 less. 4 (d) The court may direct that a determinate sentence imposed on a 5 defendant convicted of a class B felony, other than the class B felony 6 defined in section 220.48 of this chapter, pursuant to this subdivision 7 be executed as a sentence of parole supervision in accordance with 8 section 410.91 of the criminal procedure law.] 9 § 21. Subdivisions 3 and 4 of section 70.70 of the penal law are 10 REPEALED. 11 § 22. Section 70.71 of the penal law, as added by chapter 738 of the 12 laws of 2004, paragraph (a) of subdivision 2 as amended and subdivision 13 5 as added by section 26 of part AAA of chapter 56 of the laws of 2009, 14 is amended to read as follows: 15 § 70.71 Sentence of imprisonment for a class A felony drug offender. 16 1. For the purposes of this section, the following terms shall mean: 17 (a) "Felony drug offender" means a defendant who stands convicted of 18 any class A felony as defined in article two hundred twenty of this 19 chapter. 20 (b) ["Second felony drug offender" means a second felony offender as 21 that term is defined in subdivision one of section 70.06 of this arti- 22 cle, who stands convicted of and is to be sentenced for any class A 23 felony as defined in article two hundred twenty of this chapter. 24 (c)] "Violent felony offense" shall have the same meaning as that term 25 is defined in subdivision one of section 70.02 of this article. 26 2. Sentence of imprisonment for a first felony drug offender. 27 (a) Applicability. Except as provided in subdivision three[, four or 28 five] of this section, this subdivision shall apply to a person 29 convicted of a class A felony as defined in article two hundred twenty 30 of this chapter. 31 (b) Authorized sentence. The term of sentence shall be fixed by the 32 court. The court may impose a definite sentence of imprisonment and fix 33 a term of less than one year. If a court finds that a sentence of impri- 34 sonment is the minimum term of imprisonment necessary to achieve the 35 goals of sentencing, the court shall impose a determinate term of impri- 36 sonment which shall be imposed by the court in whole or half years and 37 which shall include as a part thereof a period of post-release super- 38 vision in accordance with section 70.45 of this article. The terms 39 authorized for such determinate sentences are as follows: 40 (i) for a class A-I felony, the term shall [be at least eight years 41 and shall] not exceed twenty years; 42 (ii) for a class A-II felony, the term shall [be at least three years 43 and shall] not exceed ten years. 44 [(c) Lifetime probation. Notwithstanding any other provision of law, 45 the court may sentence a defendant convicted of a class A-II felony 46 defined in article two hundred twenty of this chapter to lifetime 47 probation in accordance with the provisions of section 65.00 of this 48 chapter.] 49 3. [Sentence of imprisonment for a second felony drug offender. 50 (a) Applicability. This subdivision shall apply to a second felony 51 drug offender whose prior felony conviction or convictions did not 52 include one or more violent felony offenses. 53 (b) Authorized sentence. When the court has found pursuant to the 54 provisions of section 400.21 of the criminal procedure law that a 55 defendant is a second felony drug offender who stands convicted of a 56 class A felony as defined in article two hundred twenty or two hundred
S. 1209 17 1 twenty-one of this chapter, the court shall impose a determinate 2 sentence of imprisonment. Such determinate sentence shall include as a 3 part thereof a period of post-release supervision in accordance with 4 section 70.45 of this article. Such determinate sentence shall be 5 imposed by the court in whole or half years as follows: 6 (i) for a class A-I felony, the term shall be at least twelve years 7 and shall not exceed twenty-four years; 8 (ii) for a class A-II felony, the term shall be at least six years and 9 shall not exceed fourteen years. 10 (c) Lifetime probation. Notwithstanding any other provision of law, 11 the court may sentence a defendant convicted of a class A-II felony 12 defined in article two hundred twenty of this chapter to lifetime 13 probation in accordance with the provisions of section 65.00 of this 14 chapter. 15 4. Sentence of imprisonment for a second felony drug offender previ- 16 ously convicted of a violent felony offense. 17 (a) Applicability. This subdivision shall apply to a second felony 18 drug offender whose prior felony conviction was a violent felony. 19 (b) Authorized sentence. When the court has found pursuant to the 20 provisions of section 400.21 of the criminal procedure law that a 21 defendant is a second felony drug offender whose prior felony conviction 22 was a violent felony, who stands convicted of a class A felony as 23 defined in article two hundred twenty or two hundred twenty-one of this 24 chapter, the court shall impose a determinate sentence of imprisonment. 25 Such determinate sentence shall include as a part thereof a period of 26 post-release supervision in accordance with section 70.45 of this arti- 27 cle. Such determinate sentence shall be imposed by the court in whole or 28 half years as follows: 29 (i) for a class A-I felony, the term shall be at least fifteen years 30 and shall not exceed thirty years; 31 (ii) for a class A-II felony, the term shall be at least eight years 32 and shall not exceed seventeen years. 33 5.] Sentence of imprisonment for operating as a major trafficker. 34 (a) Applicability. This subdivision shall apply to a person convicted 35 of the class A-I felony of operating as a major trafficker as defined in 36 section 220.77 of this chapter. 37 (b) Authorized sentence. [Except as provided in paragraph (c) of this 38 subdivision, the] The term of sentence shall be fixed by the court. The 39 court may impose a definite sentence of imprisonment and fix a term of 40 less than one year. If a court finds that a sentence of imprisonment is 41 the minimum term of imprisonment necessary to achieve the goals of 42 sentencing, the court shall impose an indeterminate term of imprisonment 43 for an A-I felony, in accordance with the provisions of section 70.00 of 44 this article. 45 [(c) Alternative determinate sentence. If a defendant stands convicted 46 of violating section 220.77 of this chapter, and if the court, having 47 regard to the nature and circumstances of the crime and the history and 48 character of the defendant, is of the opinion that a sentence of impri- 49 sonment is necessary but that it would be unduly harsh to impose the 50 indeterminate sentence for a class A-I felony specified under section 51 70.00 of this article, the court may instead impose the determinate 52 sentence of imprisonment authorized by clause (i) of subparagraph (b) of 53 subdivision two of this section for a class A-I drug felony; in such 54 case, the reasons for the court's opinion shall be set forth on the 55 record.]
S. 1209 18 1 § 23. Section 70.80 of the penal law, as added by chapter 7 of the 2 laws of 2007, paragraph (a) of subdivision 1 as amended by chapter 368 3 of the laws of 2015, is amended to read as follows: 4 § 70.80 Sentences of imprisonment for conviction of a felony sex 5 offense. 6 1. Definitions. (a) For the purposes of this section, a "felony sex 7 offense" means a conviction of any felony defined in article one hundred 8 thirty of this chapter, including a sexually motivated felony, or 9 patronizing a person for prostitution in the first degree as defined in 10 section 230.06 of this chapter, patronizing a person for prostitution in 11 the second degree as defined in section 230.05 of this chapter, aggra- 12 vated patronizing a minor for prostitution in the third degree as 13 defined in section 230.11 of this chapter, aggravated patronizing a 14 minor for prostitution in the second degree as defined in section 230.12 15 of this chapter, aggravated patronizing a minor for prostitution in the 16 first degree as defined in section 230.13 of this chapter, incest in the 17 second degree as defined in section 255.26 of this chapter, or incest in 18 the first degree as defined in section 255.27 of this chapter, or a 19 felony attempt or conspiracy to commit any of the above. 20 (b) A felony sex offense shall be deemed a "violent felony sex 21 offense" if it is for an offense defined as a violent felony offense in 22 section 70.02 of this article, or for a sexually motivated felony as 23 defined in section 130.91 of this chapter where the specified offense is 24 a violent felony offense as defined in section 70.02 of this article. 25 (c) [For the purposes of this section, a "predicate felony sex offen- 26 der" means a person who stands convicted of any felony sex offense as 27 defined in paragraph (a) of this subdivision, other than a class A-I 28 felony, after having previously been subjected to one or more predicate 29 felony convictions as defined in subdivision one of section 70.06 or 30 subdivision one of section 70.04 of this article. 31 (d)] For purposes of this section, a "violent felony offense" is any 32 felony defined in subdivision one of section 70.02 of this article, and 33 a "non-violent felony offense" is any felony not defined therein. 34 2. In imposing a sentence within the authorized statutory range for 35 any felony sex offense, the court may consider all relevant factors set 36 forth in section 1.05 of this chapter, and in particular, may consider 37 the defendant's criminal history, if any, including any history of sex 38 offenses; any mental illness or mental abnormality from which the 39 defendant may suffer; the defendant's ability or inability to control 40 [his] their sexual behavior; and, if the defendant has difficulty 41 controlling such behavior, the extent to which that difficulty may pose 42 a threat to society. 43 3. Except as provided by subdivision four, five, six[,] or seven [or 44 eight] of this section, or when a defendant is being sentenced for a 45 conviction of the class A-II felonies of predatory sexual assault and 46 predatory sexual assault against a child as defined in sections 130.95 47 and 130.96 of this chapter, or for any class A-I sexually motivated 48 felony for which a life sentence or a life without parole sentence 49 [must] may be imposed, a sentence imposed upon a defendant convicted of 50 a felony sex offense shall be fixed by the court. The court may impose 51 a definite sentence of imprisonment and fix a term of less than one 52 year. If a court finds that a sentence of imprisonment is the minimum 53 term of imprisonment necessary to achieve the goals of sentencing, the 54 court shall impose a determinate sentence. The determinate sentence 55 shall be imposed by the court in whole or half years, and shall include 56 as a part thereof a period of post-release supervision in accordance
S. 1209 19 1 with subdivision two-a of section 70.45 of this article. [Persons eligi- 2 ble for sentencing under section 70.07 of this article governing second 3 child sexual assault felonies shall be sentenced under such section and 4 paragraph (j) of subdivision two-a of section 70.45 of this article.] 5 4. [(a)] Sentences of imprisonment for felony sex offenses. Except as 6 provided in subdivision five, six[,] or seven[, or eight] of this 7 section, the term of the determinate sentence must be fixed by the court 8 as follows: 9 [(i)] (a) for a class B felony, the term must [be at least five years 10 and must] not exceed twenty-five years; 11 [(ii)] (b) for a class C felony, the term must [be at least three and 12 one-half years and must] not exceed fifteen years; 13 [(iii)] (c) for a class D felony, the term must [be at least two years 14 and must] not exceed seven years; and 15 [(iv)] (d) for a class E felony, the term must [be at least one and 16 one-half years and must] not exceed four years. 17 [(b) Probation. The court may sentence a defendant convicted of a 18 class D or class E felony sex offense to probation in accordance with 19 the provisions of section 65.00 of this title. 20 (c) Alternative definite sentences for class D and class E felony sex 21 offenses. If the court, having regard to the nature and circumstances of 22 the crime and to the history and character of the defendant, is of the 23 opinion that a sentence of imprisonment is necessary but that it would 24 be unduly harsh to impose a determinate sentence upon a person convicted 25 of a class D or class E felony sex offense, the court may impose a defi- 26 nite sentence of imprisonment and fix a term of one year or less. 27 5. Sentence of imprisonment for a predicate felony sex offender. (a) 28 Applicability. This subdivision shall apply to a predicate felony sex 29 offender who stands convicted of a non-violent felony sex offense and 30 who was previously convicted of one or more felonies. 31 (b) Non-violent predicate felony offense. When the court has found, 32 pursuant to the provisions of the criminal procedure law, that a person 33 is a predicate felony sex offender, and the person's predicate 34 conviction was for a non-violent felony offense, the court must impose a 35 determinate sentence of imprisonment, the term of which must be fixed by 36 the court as follows: 37 (i) for a class B felony, the term must be at least eight years and 38 must not exceed twenty-five years; 39 (ii) for a class C felony, the term must be at least five years and 40 must not exceed fifteen years; 41 (iii) for a class D felony, the term must be at least three years and 42 must not exceed seven years; and 43 (iv) for a class E felony, the term must be at least two years and 44 must not exceed four years. 45 (c) Violent predicate felony offense. When the court has found, pursu- 46 ant to the provisions of the criminal procedure law, that a person is a 47 predicate felony sex offender, and the person's predicate conviction was 48 for a violent felony offense, the court must impose a determinate 49 sentence of imprisonment, the term of which must be fixed by the court 50 as follows: 51 (i) for a class B felony, the term must be at least nine years and 52 must not exceed twenty-five years; 53 (ii) for a class C felony, the term must be at least six years and 54 must not exceed fifteen years; 55 (iii) for a class D felony, the term must be at least four years and 56 must not exceed seven years; and
S. 1209 20 1 (iv) for a class E felony, the term must be at least two and one-half 2 years and must not exceed four years. 3 (d) A defendant who stands convicted of a non-violent felony sex 4 offense, other than a class A-I or class A-II felony, who is adjudicated 5 a persistent felony offender under section 70.10 of this article, shall 6 be sentenced pursuant to the provisions of section 70.10 or pursuant to 7 this subdivision. 8 6.] 5. Sentence of imprisonment for a violent felony sex offense. 9 Except as provided in subdivisions six and seven [and eight] of this 10 section, a defendant who stands convicted of a violent felony sex 11 offense must be sentenced pursuant to the provisions of section 70.02[, 12 section 70.04, subdivision six of section 70.06, section 70.08, or 13 section 70.10] of this article, as applicable. 14 [7.] 6. Sentence for a class A felony sex offense. When a person 15 stands convicted of a sexually motivated felony pursuant to section 16 130.91 of this chapter and the specified offense is a class A felony, 17 the court must sentence the defendant in accordance with the provisions 18 of: 19 (a) section 60.06 of this [chapter] title and section 70.00 of this 20 article, as applicable, if such offense is a class A-I felony; and 21 (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if 22 such offense is a class A-II felony. 23 [8.] 7. Whenever a juvenile offender stands convicted of a felony sex 24 offense, [he or she] they must be sentenced pursuant to the provisions 25 of sections 60.10 and 70.05 of this [chapter] title. 26 [9.] 8. Every determinate sentence for a felony sex offense, as 27 defined in paragraph (a) of subdivision one of this section, imposed 28 pursuant to any section of this article, shall include as a part thereof 29 a period of post-release supervision in accordance with subdivision 30 two-a of section 70.45 of this article. 31 § 24. Paragraph (b) of subdivision 3 of section 60.01 of the penal 32 law, as amended by chapter 548 of the laws of 1984, is amended to read 33 as follows: 34 (b) A fine authorized by article eighty[, provided, however, that when 35 the conviction is of a class B felony or of any felony defined in arti- 36 cle two hundred twenty, the sentence shall not consist solely of a fine] 37 of this title; or 38 § 25. Subdivision 2 of section 60.02 of the penal law, as amended by 39 chapter 471 of the laws of 1980, is amended to read as follows: 40 (2) If the sentence is to be imposed upon a youthful offender finding 41 which has been substituted for a conviction for any felony, the court 42 must impose a sentence authorized to be imposed upon a person convicted 43 of a class E felony [provided, however, that the court must not impose a 44 sentence of conditional discharge or unconditional discharge if the 45 youthful offender finding was substituted for a conviction of a felony 46 defined in article two hundred twenty of this chapter]. 47 § 26. Section 60.04 of the penal law, as added by chapter 738 of the 48 laws of 2004, subdivisions 3 and 5 as amended by section 17 of part AAA 49 of chapter 56 of the laws of 2009, subdivision 6 as amended by section 50 120 of subpart B of part C of chapter 62 of the laws of 2011 and subdi- 51 vision 7 as amended by chapter 322 of the laws of 2021, is amended to 52 read as follows: 53 § 60.04 Authorized disposition; controlled substances [and marihuana 54 felony] offenses. 55 1. Applicability. Notwithstanding the provisions of any law, this 56 section shall govern the dispositions authorized when a person is to be
S. 1209 21 1 sentenced upon a conviction of a felony offense defined in article two 2 hundred twenty [or two hundred twenty-one] of this chapter [or when a 3 person is to be sentenced upon a conviction of such a felony as a multi- 4 ple felony offender as defined in subdivision five of this section]. 5 2. Class A felony. Every person convicted of a class A felony must be 6 sentenced [to imprisonment] in accordance with section 70.71 of this 7 title[, unless such person is convicted of a class A-II felony and is 8 sentenced to probation for life in accordance with section 65.00 of this 9 title]. 10 3. Class B felonies. Every person convicted of a class B felony must 11 be sentenced [to imprisonment] in accordance with the applicable 12 provisions of section 70.70 of this [chapter, a definite sentence of 13 imprisonment with a term of one year or less or probation in accordance 14 with section 65.00 of this chapter provided, however, a person convicted 15 of criminal sale of a controlled substance to a child as defined in 16 section 220.48 of this chapter must be sentenced to a determinate 17 sentence of imprisonment in accordance with the applicable provisions of 18 section 70.70 of this chapter or to a sentence of probation in accord- 19 ance with the opening paragraph of paragraph (b) of subdivision one of 20 section 65.00 of this chapter] title. 21 4. Alternative sentence. [Where a sentence of imprisonment or a 22 sentence of probation as an alternative to imprisonment is not required 23 to be imposed pursuant to subdivision two, three or five of this 24 section, the court may impose any other sentence authorized by section 25 60.01 of this article, provided that when the court imposes a sentence 26 of imprisonment, such sentence must be in accordance with section 70.70 27 of this title.] Where the court imposes a sentence of imprisonment in 28 accordance with this section, the court may also impose a fine author- 29 ized by article eighty of this title and in such case the sentence shall 30 be both imprisonment and a fine. 31 5. [Multiple felony offender. Where the court imposes a sentence 32 pursuant to subdivision three of section 70.70 of this chapter upon a 33 second felony drug offender, as defined in paragraph (b) of subdivision 34 one of section 70.70 of this chapter, it must sentence such offender to 35 imprisonment in accordance with the applicable provisions of section 36 70.70 of this chapter, a definite sentence of imprisonment with a term 37 of one year or less, or probation in accordance with section 65.00 of 38 this chapter, provided, however, that where the court imposes a sentence 39 upon a class B second felony drug offender, it must sentence such offen- 40 der to a determinate sentence of imprisonment in accordance with the 41 applicable provisions of section 70.70 of this chapter or to a sentence 42 of probation in accordance with the opening paragraph of paragraph (b) 43 of subdivision one of section 65.00 of this chapter. When the court 44 imposes sentence on a second felony drug offender pursuant to subdivi- 45 sion four of section 70.70 of this chapter, it must impose a determinate 46 sentence of imprisonment in accordance with such subdivision. 47 6.] Substance abuse treatment. When the court imposes a sentence of 48 imprisonment which requires a commitment to the state department of 49 corrections and community supervision [upon a person who stands 50 convicted of a controlled substance or marihuana offense], the court 51 may, upon motion of the defendant in its discretion, issue an order 52 directing that the department of corrections and community supervision 53 enroll the defendant in the comprehensive alcohol and substance abuse 54 treatment program in an alcohol and substance abuse correctional annex 55 as defined in subdivision eighteen of section two of the correction law, 56 provided that the defendant will satisfy the statutory eligibility
S. 1209 22 1 criteria for participation in such program. Notwithstanding the forego- 2 ing provisions of this subdivision, any defendant to be enrolled in such 3 program pursuant to this subdivision shall be governed by the same rules 4 and regulations promulgated by the department of corrections and commu- 5 nity supervision, including without limitation those rules and regu- 6 lations establishing requirements for completion and those rules and 7 regulations governing discipline and removal from the program. No such 8 period of court ordered corrections based drug abuse treatment pursuant 9 to this subdivision shall be required to extend beyond the defendant's 10 conditional release date. 11 [7.] 6. a. Shock incarceration participation. When the court imposes a 12 sentence of imprisonment which requires a commitment to the department 13 of corrections and community supervision upon a person [who stands 14 convicted of a controlled substance or marihuana offense], upon motion 15 of the defendant, the court may issue an order directing that the 16 department of corrections and community supervision enroll the defendant 17 in the shock incarceration program as defined in article twenty-six-A of 18 the correction law, provided that the defendant is an eligible incarcer- 19 ated individual, as described in subdivision one of section eight 20 hundred sixty-five of the correction law. Notwithstanding the foregoing 21 provisions of this subdivision, any defendant to be enrolled in such 22 program pursuant to this subdivision shall be governed by the same rules 23 and regulations promulgated by the department of corrections and commu- 24 nity supervision, including without limitation those rules and regu- 25 lations establishing requirements for completion and such rules and 26 regulations governing discipline and removal from the program. 27 b. (i) In the event that an incarcerated individual designated by 28 court order for enrollment in the shock incarceration program requires a 29 degree of medical care or mental health care that cannot be provided at 30 a shock incarceration facility, the department, in writing, shall notify 31 the incarcerated individual, provide a proposal describing a proposed 32 alternative-to-shock-incarceration program, and notify [him or her that 33 he or she] them that they may object in writing to placement in such 34 alternative-to-shock-incarceration program. If the incarcerated individ- 35 ual objects in writing to placement in such alternative-to-shock- 36 incarceration program, the department of corrections and community 37 supervision shall notify the sentencing court, provide such proposal to 38 the court, and arrange for the incarcerated individual's prompt appear- 39 ance before the court. The court shall provide the proposal and notice 40 of a court appearance to the people, the incarcerated individual and the 41 appropriate defense attorney. After considering the proposal and any 42 submissions by the parties, and after a reasonable opportunity for the 43 people, the incarcerated individual and counsel to be heard, the court 44 may modify its sentencing order accordingly, notwithstanding the 45 provisions of section 430.10 of the criminal procedure law. 46 (ii) An incarcerated individual who successfully completes an alterna- 47 tive-to-shock-incarceration program within the department of corrections 48 and community supervision shall be treated in the same manner as a 49 person who has successfully completed the shock incarceration program, 50 as set forth in subdivision four of section eight hundred sixty-seven of 51 the correction law. 52 § 27. Section 60.05 of the penal law, as amended by chapter 410 of the 53 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended 54 by chapter 738 of the laws of 2004, subdivision 1 as amended by chapter 55 7 of the laws of 2007, subdivision 5 as amended by chapter 405 of the
S. 1209 23 1 laws of 2010 and subdivision 8 as amended by chapter 486 of the laws of 2 2022, is amended to read as follows: 3 § 60.05 Authorized dispositions; other class A, B, certain C and D felo- 4 nies [and multiple felony offenders]. 5 1. Applicability. Except as provided in section 60.04 of this article 6 governing the authorized dispositions applicable to felony offenses 7 defined in article two hundred twenty [or two hundred twenty-one] of 8 this chapter or in section 60.13 of this article governing the author- 9 ized dispositions applicable to felony sex offenses defined in paragraph 10 (a) of subdivision one of section 70.80 of this title, this section 11 shall govern the dispositions authorized when a person is to be 12 sentenced upon a conviction of a class A felony, a class B felony or a 13 class C, class D or class E felony specified [herein, or when a person 14 is to be sentenced upon a conviction of a felony as a multiple felony 15 offender] in this section. 16 2. Class A felony. [Except as provided in subdivisions three and four 17 of section 70.06 of this chapter, every] Every person convicted of a 18 class A felony must be sentenced [to imprisonment] in accordance with 19 section 70.00 of this title[, unless such person is convicted of murder 20 in the first degree and is sentenced in accordance with section 60.06 of 21 this article]. 22 3. Class B felony. [Except as provided in subdivision six of this 23 section, every] Every person convicted of a class B violent felony 24 offense as defined in subdivision one of section 70.02 of this title, 25 must be sentenced [to imprisonment] in accordance with such section 26 [70.02]; and[, except as provided in subdivision six of this section,] 27 every person convicted of any other class B felony must be sentenced [to 28 imprisonment] in accordance with section 70.00 of this title. 29 4. Certain class C felonies. [Except as provided in subdivision six, 30 every] Every person convicted of a class C violent felony offense as 31 defined in subdivision one of section 70.02 of this title, must be 32 sentenced [to imprisonment] in accordance with section 70.02 of this 33 title[; and, except as provided in subdivision six of this section, 34 every person convicted of the class C felonies of: attempt to commit any 35 of the class B felonies of bribery in the first degree as defined in 36 section 200.04, bribe receiving in the first degree as defined in 37 section 200.12, conspiracy in the second degree as defined in section 38 105.15 and criminal mischief in the first degree as defined in section 39 145.12; criminal usury in the first degree as defined in section 190.42, 40 rewarding official misconduct in the first degree as defined in section 41 200.22, receiving reward for official misconduct in the first degree as 42 defined in section 200.27, attempt to promote prostitution in the first 43 degree as defined in section 230.32, promoting prostitution in the 44 second degree as defined in section 230.30, arson in the third degree as 45 defined in section 150.10 of this chapter, must be sentenced to impri- 46 sonment in accordance with section 70.00 of this title]. 47 5. Certain class D felonies. [Except as provided in subdivision six of 48 this section, every] Every person convicted of the class D felonies of 49 assault in the second degree as defined in section 120.05, strangulation 50 in the second degree as defined in section 121.12 or attempt to commit a 51 class C felony as defined in section 230.30 of this chapter, must be 52 sentenced in accordance with section 70.00 or 85.00 of this title. 53 6. [Multiple felony offender. When the court imposes sentence upon a 54 second violent felony offender, as defined in section 70.04, or a second 55 felony offender, as defined in section 70.06, the court must impose a 56 sentence of imprisonment in accordance with section 70.04 or 70.06, as
S. 1209 24 1 the case may be, unless it imposes a sentence of imprisonment in accord- 2 ance with section 70.08 or 70.10. 3 7.] Fines. Where the court imposes a sentence of imprisonment in 4 accordance with this section, the court also may impose a fine author- 5 ized by article eighty of this title and in such case the sentence shall 6 be both imprisonment and a fine. 7 [8.] 7. Shock incarceration participation. (a) When the court imposes 8 a determinate sentence of imprisonment pursuant to subdivision [three] 9 two of section 70.02 of this [chapter] title or subdivision six of 10 section 70.06 of this [chapter upon a person who stands convicted either 11 of burglary in the second degree as defined in subdivision two of 12 section 140.25 of this chapter or robbery in the second degree as 13 defined in subdivision one of section 160.10 of this chapter, or an 14 attempt thereof] title, upon motion of the defendant, the court may 15 issue an order directing that the department of corrections and communi- 16 ty supervision enroll the defendant in the shock incarceration program 17 as defined in article twenty-six-A of the correction law, provided that 18 the defendant is an eligible incarcerated individual, as described in 19 subdivision one of section eight hundred sixty-five of the correction 20 law. Notwithstanding the foregoing provisions of this subdivision, any 21 defendant to be enrolled in such program pursuant to this subdivision 22 shall be governed by the same rules and regulations promulgated by the 23 department of corrections and community supervision, including without 24 limitation those rules and regulations establishing requirements for 25 completion and such rules and regulations governing discipline and 26 removal from the program. 27 (b) Paragraph b of subdivision seven of section 60.04 of this article 28 shall apply in the event an incarcerated individual designated by court 29 order for enrollment in the shock incarceration program requires a 30 degree of medical care or mental health care that cannot be provided at 31 a shock incarceration facility. 32 § 28. Paragraph (ii) of subdivision b of section 60.09 of the penal 33 law, as added by chapter 410 of the laws of 1979, is amended to read as 34 follows: 35 (ii) if the conviction was for a class A-II offense the court may 36 impose a new minimum term which shall be [no less than three years 37 imprisonment and] no more than eight and one-third years; 38 § 29. Section 60.10 of the penal law, as amended by chapter 411 of the 39 laws of 1979, is amended to read as follows: 40 § 60.10 Authorized disposition; juvenile offender. 41 1. When a juvenile offender is convicted of a crime, the court shall 42 sentence the defendant [to imprisonment] in accordance with section 43 70.05 of this title or sentence [him] them upon a youthful offender 44 finding in accordance with section 60.02 of this [chapter] article. 45 2. Subdivision one of this section shall apply when sentencing a juve- 46 nile offender notwithstanding the provisions of any other law that deals 47 with the authorized sentence for persons who are not juvenile offenders. 48 [Provided, however, that the limitation prescribed by this section shall 49 not be deemed or construed to bar use of a conviction of a juvenile 50 offender, other than a juvenile offender who has been adjudicated a 51 youthful offender pursuant to section 720.20 of the criminal procedure 52 law, as a previous or predicate felony offender under section 70.04, 53 70.06, 70.08 or 70.10, when sentencing a person who commits a felony 54 after he has reached the age of sixteen.]
S. 1209 25 1 § 30. Section 60.12 of the penal law, as amended by chapter 31 of the 2 laws of 2019, subdivision 1 as amended by section 1 of part WW of chap- 3 ter 55 of the laws of 2019, is amended to read as follows: 4 § 60.12 Authorized disposition; alternative sentence; domestic violence 5 cases. 6 1. Notwithstanding any other provision of law, where a court is impos- 7 ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06] or 8 subdivision two or three of section 70.71 of this title, [other than for 9 an offense defined in section 125.26, 125.27, subdivision five of 10 section 125.25, or article 490 of this chapter, or for an offense which 11 would require such person to register as a sex offender pursuant to 12 article six-C of the correction law, an attempt or conspiracy to commit 13 any such offense,] and is authorized [or required] pursuant to sections 14 70.00, 70.02[, 70.06] or subdivision two or three of section 70.71 of 15 this title to impose a sentence of imprisonment, the court, upon a 16 determination following a hearing that (a) at the time of the instant 17 offense, the defendant was a victim of domestic violence subjected to 18 substantial physical, sexual or psychological abuse inflicted by a 19 member of the same family or household as the defendant as such term is 20 defined in subdivision one of section 530.11 of the criminal procedure 21 law; (b) such abuse was a significant contributing factor to the defend- 22 ant's criminal behavior; (c) having regard for the nature and circum- 23 stances of the crime and the history, character and condition of the 24 defendant, that a sentence of imprisonment pursuant to section 70.00, 25 70.02[, 70.06] or subdivision two or three of section 70.71 of this 26 title would be unduly harsh may instead impose a sentence in accordance 27 with this section. 28 A court may determine that such abuse constitutes a significant 29 contributing factor pursuant to paragraph (b) of this subdivision 30 regardless of whether the defendant raised a defense pursuant to article 31 thirty-five, article forty, or subdivision one of section 125.25 of this 32 chapter. 33 At the hearing to determine whether the defendant should be sentenced 34 pursuant to this section, the court shall consider oral and written 35 arguments, take testimony from witnesses offered by either party, and 36 consider relevant evidence to assist in making its determination. Reli- 37 able hearsay shall be admissible at such hearings. 38 2. Where a court would otherwise be required to impose a sentence 39 pursuant to section 70.02 of this title, the court may impose a definite 40 sentence of imprisonment of less than one year [or less], or probation 41 in accordance with the provisions of section 65.00 of this title, or may 42 fix a determinate term of imprisonment as follows: 43 (a) For a class B felony, the term must be at least one year and must 44 not exceed five years; 45 (b) For a class C felony, the term must be at least one year and must 46 not exceed three and one-half years; 47 (c) For a class D felony, the term must be at least one year and must 48 not exceed two years; and 49 (d) For a class E felony, the term must be one year and must not 50 exceed one and one-half years. 51 3. Where a court would otherwise be required to impose a sentence for 52 a class A felony offense pursuant to section 70.00 of this title, the 53 court may fix a determinate term of imprisonment of at least [five 54 years] one year and not to exceed fifteen years, or impose a definite 55 sentence of imprisonment of less than one year, or probation in accord- 56 ance with the provisions of section 65.00 of this title.
S. 1209 26 1 4. Where a court would otherwise be required to impose a sentence for 2 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 3 of subdivision two of section 70.71 of this title, the court may fix a 4 determinate term of imprisonment of at least [five years] one year and 5 not to exceed eight years, or impose a definite sentence of imprisonment 6 of less than one year, or probation in accordance with the provisions of 7 section 65.00 of this title. 8 5. Where a court would otherwise be required to impose a sentence for 9 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 10 of subdivision three of section 70.71 of this title, the court may fix a 11 determinate term of imprisonment of at least [five years] one year and 12 not to exceed twelve years, or impose a definite sentence of imprison- 13 ment of less than one year, or probation in accordance with the 14 provisions of section 65.00 of this title. 15 6. Where a court would otherwise be required to impose a sentence for 16 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 17 of subdivision two of section 70.71 of this title, the court may fix a 18 determinate term of imprisonment of at least one year and not to exceed 19 three years, or impose a definite sentence of imprisonment of less than 20 one year, or probation in accordance with the provisions of section 21 65.00 of this title. 22 7. Where a court would otherwise be required to impose a sentence for 23 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 24 of subdivision three of section 70.71 of this title, the court may fix a 25 determinate term of imprisonment of at least [three years] one year and 26 not to exceed six years, or impose a definite sentence of imprisonment 27 of less than one year, or probation in accordance with the provisions of 28 section 65.00 of this title. 29 [8. Where a court would otherwise be required to impose a sentence 30 pursuant to subdivision six of section 70.06 of this title, the court 31 may fix a term of imprisonment as follows: 32 (a) For a class B felony, the term must be at least three years and 33 must not exceed eight years; 34 (b) For a class C felony, the term must be at least two and one-half 35 years and must not exceed five years; 36 (c) For a class D felony, the term must be at least two years and must 37 not exceed three years; 38 (d) For a class E felony, the term must be at least one and one-half 39 years and must not exceed two years. 40 9. Where a court would otherwise be required to impose a sentence for 41 a class B, C, D or E felony offense pursuant to section 70.00 of this 42 title, the court may impose a sentence in accordance with the provisions 43 of subdivision two of section 70.70 of this title. 44 10. Except as provided in subdivision seven of this section, where a 45 court would otherwise be required to impose a sentence pursuant to 46 subdivision three of section 70.06 of this title, the court may impose a 47 sentence in accordance with the provisions of subdivision three of 48 section 70.70 of this title. 49 11. Where a court would otherwise be required to impose a sentence 50 pursuant to subdivision three of section 70.06 of this title, where the 51 prior felony conviction was for a felony offense defined in section 52 70.02 of this title, the court may impose a sentence in accordance with 53 the provisions of subdivision four of section 70.70 of this title.] 54 § 31. Section 65.00 of the penal law, subdivisions 1 and 2 as amended 55 by chapter 835 of the laws of 1974, the opening paragraph of paragraph 56 (a) of subdivision 1 as amended by chapter 738 of the laws of 2004, the
S. 1209 27 1 opening paragraph of paragraph (b) of subdivision 1 as amended by 2 section 19 and subparagraph (ii) of paragraph (a) of subdivision 3 as 3 amended by section 20 of part AAA of chapter 56 of the laws of 2009, the 4 closing paragraph of subdivision 1 as amended by chapter 3 of the laws 5 of 1995, subdivision 3 as amended by chapter 264 of the laws of 2003, 6 subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and 7 paragraph (d) of subdivision 3 as amended by chapter 556 of the laws of 8 2013, paragraph (c) of subdivision 3 as amended by chapter 568 of the 9 laws of 2004, the closing paragraph of subdivision 3 as amended by chap- 10 ter 320 of the laws of 2006, subdivision 4 as amended by chapter 17 of 11 the laws of 2014, and subdivision 5 as amended by chapter 264 of the 12 laws of 2003 and as renumbered by chapter 556 of the laws of 2013, is 13 amended to read as follows: 14 § 65.00 Sentence of probation. 15 1. [Criteria. (a) Except as otherwise required by section 60.04 or 16 60.05 of this title, and except as provided by paragraph (b) hereof, the 17 court may sentence a person to a period of probation upon conviction of 18 any crime if the court, having regard to the nature and circumstances of 19 the crime and to the history, character and condition of the defendant, 20 is of the opinion that: 21 (i) Institutional confinement for the term authorized by law of the 22 defendant is or may not be necessary for the protection of the public; 23 (ii) the defendant is in need of guidance, training or other assist- 24 ance which, in his case, can be effectively administered through 25 probation supervision; and 26 (iii) such disposition is not inconsistent with the ends of justice. 27 (b) The court, with the concurrence of either the administrative judge 28 of the court or of the judicial district within which the court is situ- 29 ated or such administrative judge as the presiding justice of the appro- 30 priate appellate division shall designate, may sentence a person to a 31 period of probation upon conviction of a class A-II felony defined in 32 article two hundred twenty, the class B felony defined in section 220.48 33 of this chapter or any other class B felony defined in article two 34 hundred twenty of this chapter where the person is a second felony drug 35 offender as defined in paragraph (b) of subdivision one of section 70.70 36 of this chapter, if the prosecutor either orally on the record or in a 37 writing filed with the indictment recommends that the court sentence 38 such person to a period of probation upon the ground that such person 39 has or is providing material assistance in the investigation, apprehen- 40 sion or prosecution of any person for a felony defined in article two 41 hundred twenty or the attempt or the conspiracy to commit any such felo- 42 ny, and if the court, having regard to the nature and circumstances of 43 the crime and to the history, character and condition of the defendant 44 is of the opinion that: 45 (i) Institutional confinement of the defendant is not necessary for 46 the protection of the public; 47 (ii) The defendant is in need of guidance, training or other assist- 48 ance which, in his case, can be effectively administered through 49 probation supervision; 50 (iii) The defendant has or is providing material assistance in the 51 investigation, apprehension or prosecution of a person for a felony 52 defined in article two hundred twenty or the attempt or conspiracy to 53 commit any such felony; and 54 (iv) Such disposition is not inconsistent with the ends of justice. 55 Provided, however, that the court shall not, except to the extent 56 authorized by paragraph (d) of subdivision two of section 60.01 of this
S. 1209 28 1 chapter, impose a sentence of probation in any case where it sentences a 2 defendant for more than one crime and imposes a sentence of imprisonment 3 for any one of the crimes, or where the defendant is subject to an 4 undischarged indeterminate or determinate sentence of imprisonment which 5 was imposed at a previous time by a court of this state and has more 6 than one year to run. 7 2.] Sentence. When a person is sentenced to a period of probation the 8 court shall, except to the extent authorized by paragraph (d) of subdi- 9 vision two of section 60.01 of this chapter, impose the period author- 10 ized by subdivision [three] two of this section and shall specify, in 11 accordance with section 65.10, the conditions to be complied with. The 12 court may modify or enlarge the conditions or, if the defendant commits 13 an additional offense or violates a condition, revoke the sentence at 14 any time prior to the expiration or termination of the period of 15 probation. 16 [3.] 2. Periods of probation. Unless terminated sooner in accordance 17 with the criminal procedure law, the period of probation shall be as 18 follows: 19 (a) (i) For a felony, other than a class A-II felony defined in arti- 20 cle two hundred twenty of this chapter or the class B felony defined in 21 section 220.48 of this chapter, [or any other class B felony defined in 22 article two hundred twenty of this chapter committed by a second felony 23 drug offender,] or a sexual assault, the period of probation shall [be a 24 term of three, four or] not exceed five years; 25 (ii) For a class A-II felony drug offender as defined in paragraph (a) 26 of subdivision one of section 70.71 of this chapter [as described in 27 paragraph (b) of subdivision one of this section, or a class B felony 28 committed by a second felony drug offender described in paragraph (b) of 29 subdivision one of this section, the], any period of probation [shall be 30 life] may be imposed and for a class B felony defined in section 220.48 31 of this chapter, the period of probation shall [be] not exceed twenty- 32 five years; 33 (iii) For a felony sexual assault, the period of probation shall [be] 34 not exceed ten years. 35 (b) (i) For a class A misdemeanor, other than a sexual assault, the 36 period of probation shall [be] not exceed a term of [two or] three 37 years; 38 (ii) For a class A misdemeanor sexual assault, the period of probation 39 shall [be] not exceed six years. 40 (c) For a class B misdemeanor, the period of probation shall [be] not 41 exceed one year, except the period of probation shall [be no less than 42 one year and no more than] not exceed three years for the class B misde- 43 meanor of public lewdness as defined in section 245.00 of this chapter; 44 (d) For an unclassified misdemeanor, the period of probation shall 45 [be] not exceed a term of [two or] three years if the authorized 46 sentence of imprisonment is in excess of three months, otherwise the 47 period of probation shall [be] not exceed one year. 48 For the purposes of this section, the term "sexual assault" means an 49 offense defined in article one hundred thirty or two hundred sixty- 50 three, or in section 255.25, 255.26 or 255.27 of this chapter, or an 51 attempt to commit any of the foregoing offenses. 52 [4.] 3. If during the periods of probation referenced in subparagraph 53 (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph 54 (d) of subdivision [three] two of this section an alleged violation is 55 sustained following a hearing pursuant to section 410.70 of the criminal 56 procedure law and the court continues or modifies the sentence, the
S. 1209 29 1 court may extend the remaining period of probation up to the maximum 2 term authorized by this section. Provided, however, a defendant shall 3 receive credit for the time during which [he or she was] they were 4 supervised under the original probation sentence prior to any declara- 5 tion of delinquency and for any time spent in custody pursuant to this 6 article for an alleged violation of probation. 7 [5.] 4. In any case where a court pursuant to its authority under 8 subdivision four of section 60.01 of this chapter revokes probation and 9 sentences such person to imprisonment and probation, as provided in 10 paragraph (d) of subdivision two of section 60.01 of this chapter, the 11 period of probation shall be the remaining period of the original 12 probation sentence or one year whichever is greater. 13 § 32. Section 65.05 of the penal law, subdivision 1 as added by chap- 14 ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi- 15 sion 2 as amended by chapter 742 of the laws of 1981 and subdivision 3 16 as amended by chapter 618 of the laws of 1992, is amended to read as 17 follows: 18 § 65.05 Sentence of conditional discharge. 19 1. [Criteria. (a) Except as otherwise required by section 60.05, the 20 court may impose a sentence of conditional discharge for an offense if 21 the court, having regard to the nature and circumstances of the offense 22 and to the history, character and condition of the defendant, is of the 23 opinion that neither the public interest nor the ends of justice would 24 be served by a sentence of imprisonment and that probation supervision 25 is not appropriate. 26 (b) When a sentence of conditional discharge is imposed for a felony, 27 the court shall set forth in the record the reasons for its action. 28 2.] Sentence. Except to the extent authorized by paragraph (d) of 29 subdivision two of section 60.01 of this [chapter] title, when the court 30 imposes a sentence of conditional discharge the defendant shall be 31 released with respect to the conviction for which the sentence is 32 imposed without imprisonment or probation supervision but subject, 33 during the period of conditional discharge, to such conditions as the 34 court may determine. The court shall impose the period of conditional 35 discharge authorized by subdivision [three] two of this section and 36 shall specify, in accordance with section 65.10 of this article, the 37 conditions to be complied with. If a defendant is sentenced pursuant to 38 paragraph (e) of subdivision two of section 65.10 of this [chapter] 39 article, the court shall require the administrator of the program to 40 provide written notice to the court of any violation of program partic- 41 ipation by the defendant. The court may modify or enlarge the conditions 42 or, if the defendant commits an additional offense or violates a condi- 43 tion, revoke the sentence at any time prior to the expiration or termi- 44 nation of the period of conditional discharge. 45 [3.] 2. Periods of conditional discharge. Unless terminated sooner in 46 accordance with the criminal procedure law, the period of conditional 47 discharge shall be as follows: 48 (a) [Three] Up to three years in the case of a felony; and 49 (b) [One] Up to one year in the case of a misdemeanor or a violation. 50 Where the court has required, as a condition of the sentence, that the 51 defendant make restitution of the fruits of [his or her] their offense 52 or make reparation for the loss caused thereby and such condition has 53 not been satisfied, the court, at any time prior to the expiration or 54 termination of the period of conditional discharge, may impose an addi- 55 tional period. The length of the additional period shall be fixed by the 56 court at the time it is imposed and shall not be more than two years.
S. 1209 30 1 All of the incidents of the original sentence, including the authority 2 of the court to modify or enlarge the conditions, shall continue to 3 apply during such additional period. 4 § 33. Section 65.20 of the penal law is amended to read as follows: 5 § 65.20 Sentence of unconditional discharge. 6 [1. Criteria. The court may impose a sentence of unconditional 7 discharge in any case where it is authorized to impose a sentence of 8 conditional discharge under section 65.05 if the court is of the opinion 9 that no proper purpose would be served by imposing any condition upon 10 the defendant's release. 11 When a sentence of unconditional discharge is imposed for a felony, 12 the court shall set forth in the record the reasons for its action. 13 2. Sentence.] When the court imposes a sentence of unconditional 14 discharge, the defendant shall be released with respect to the 15 conviction for which the sentence is imposed without imprisonment, fine 16 or probation supervision. A sentence of unconditional discharge is for 17 all purposes a final judgment of conviction. 18 § 34. Subdivision 2 of section 85.00 of the penal law, as added by 19 chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277 20 of the laws of 1973, is amended to read as follows: 21 2. Authorization for use of sentence. The court may impose a sentence 22 of intermittent imprisonment in any case where: 23 (a) [the court is imposing sentence, upon a person other than a second 24 or persistent felony offender, for a class D or class E felony or for 25 any offense that is not a felony; and 26 (b)] the court is not imposing any other sentence of imprisonment upon 27 the defendant at the same time; and 28 [(c)] (b) the defendant is not under any other sentence of imprison- 29 ment with a term in excess of fifteen days imposed by any other court[; 30 and]. 31 § 35. Subdivisions 3, 4 and 5 of section 485.10 of the penal law, 32 subdivisions 3 and 4 as added by chapter 107 of the laws of 2000 and 33 subdivision 5 as amended by chapter 624 of the laws of 2022, are amended 34 to read as follows: 35 3. [Notwithstanding any other provision of law, when a person is 36 convicted of a hate crime pursuant to this article and the specified 37 offense is a class B felony: 38 (a) the maximum term of the indeterminate sentence must be at least 39 six years if the defendant is sentenced pursuant to section 70.00 of 40 this chapter; 41 (b) the term of the determinate sentence must be at least eight years 42 if the defendant is sentenced pursuant to section 70.02 of this chapter; 43 (c) the term of the determinate sentence must be at least twelve years 44 if the defendant is sentenced pursuant to section 70.04 of this chapter; 45 (d) the maximum term of the indeterminate sentence must be at least 46 four years if the defendant is sentenced pursuant to section 70.05 of 47 this chapter; and 48 (e) the maximum term of the indeterminate sentence or the term of the 49 determinate sentence must be at least ten years if the defendant is 50 sentenced pursuant to section 70.06 of this chapter. 51 4. Notwithstanding any other provision of law, when a person is 52 convicted of a hate crime pursuant to this article and the specified 53 offense is a class A-1 felony, the minimum period of the indeterminate 54 sentence shall be not less than twenty years. 55 5.] In addition to any of the dispositions authorized by this chapter, 56 the court shall require as part of the sentence imposed upon a person
S. 1209 31 1 convicted of a hate crime pursuant to this article, that the defendant 2 complete a program, training session or counseling session directed at 3 hate crime prevention and education, where the court determines such 4 program, training session or counseling session is appropriate, avail- 5 able and was developed or authorized by the court or local agencies in 6 cooperation with organizations serving the affected community. 7 § 36. Paragraph (d) of subdivision 2 of section 490.25 of the penal 8 law is REPEALED. 9 § 37. Sections 220.35, 400.15, 400.16, 400.19, 400.20 and 400.21 of 10 the criminal procedure law are REPEALED. 11 § 38. Subdivision 6 of section 2 of the correction law, as amended by 12 chapter 476 of the laws of 1970, is amended to read as follows: 13 6. "Residential treatment facility". A correctional facility consist- 14 ing of a community based residence in or near a community where employ- 15 ment, educational and training opportunities are readily available for 16 persons who [are on parole or conditional release and for persons who] 17 are or who will soon be eligible for release on parole who intend to 18 reside in or near that community when released. 19 § 39. Subdivision 10 of section 73 of the correction law is REPEALED. 20 § 40. Subdivision 1 of section 865 of the correction law, as amended 21 by chapter 322 of the laws of 2021, is amended to read as follows: 22 1. "Eligible incarcerated individual" means a person sentenced to an 23 indeterminate term of imprisonment who will become eligible for release 24 on parole within three years or sentenced to a determinate term of 25 imprisonment who will become eligible for conditional release within 26 three years[, who has not reached the age of fifty years, who has not 27 previously been convicted of a violent felony as defined in article 28 seventy of the penal law, or a felony in any other jurisdiction which 29 includes all of the essential elements of any such violent felony, upon 30 which an indeterminate or determinate term of imprisonment was imposed 31 and who was between the ages of sixteen and fifty years at the time of 32 commission of the crime upon which his or her present sentence was 33 based. Notwithstanding the foregoing, no person who is convicted of any 34 of the following crimes shall be deemed eligible to participate in this 35 program: (a) a violent felony offense as defined in article seventy of 36 the penal law; provided, however, that a person who is convicted of 37 burglary in the second degree as defined in subdivision two of section 38 140.25 of the penal law, or robbery in the second degree as defined in 39 subdivision one of section 160.10 of the penal law, or an attempt there- 40 of, is eligible to participate, (b) an A-I felony offense, (c) any homi- 41 cide offense as defined in article one hundred twenty-five of the penal 42 law, (d) any felony sex offense as defined in article one hundred thirty 43 of the penal law and (e) any escape or absconding offense as defined in 44 article two hundred five of the penal law]. 45 § 41. Section 220.10 of the criminal procedure law, as amended by 46 chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410 47 of the laws of 1979, subparagraph (i) of paragraph (a) of subdivision 5 48 as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi- 49 sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of 50 paragraph (d) of subdivision 5 as amended by chapter 189 of the laws of 51 2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws 52 of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended 53 by chapter 23 of the laws of 2024, the second undesignated paragraph of 54 paragraph (g) of subdivision 5 as amended by chapter 920 of the laws of 55 1982, the closing paragraph of paragraph (g) of subdivision 5 as amended 56 by chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5 as
S. 1209 32 1 added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5 2 as amended by chapter 322 of the laws of 2021 and subdivision 6 as added 3 by chapter 548 of the laws of 1980, is amended to read as follows: 4 § 220.10 Plea; kinds of pleas. 5 The only kinds of pleas which may be entered to an indictment are 6 those specified in this section: 7 1. The defendant may as a matter of right enter a plea of "not guilty" 8 to the indictment. 9 2. [Except as provided in subdivision five, the] The defendant may as 10 a matter of right enter a plea of "guilty" to the entire indictment. 11 3. [Except as provided in subdivision five, where] Where the indict- 12 ment charges but one crime, the defendant may, with [both] either the 13 permission of the court [and] in furtherance of justice in accordance 14 with the factors outlined in subdivision one of section 210.40 of this 15 part, or the consent of the people with the permission of the court, 16 enter a plea of guilty of a lesser included offense. 17 4. [Except as provided in subdivision five, where] Where the indict- 18 ment charges two or more offenses in separate counts, the defendant may, 19 with [both] either the permission of the court [and] in furtherance of 20 justice in accordance with the factors outlined in subdivision one of 21 section 210.40 of this part, or the consent of the people with the 22 permission of the court, enter a plea of: 23 (a) Guilty of one or more but not all of the offenses charged; or 24 (b) Guilty of a lesser included offense with respect to any or all of 25 the offenses charged; or 26 (c) Guilty of any combination of offenses charged and lesser offenses 27 included within other offenses charged. 28 5. [(a) (i) Where the indictment charges one of the class A felonies 29 defined in article two hundred twenty of the penal law or the attempt to 30 commit any such class A felony, then any plea of guilty entered pursuant 31 to subdivision three or four of this section must be or must include at 32 least a plea of guilty of a class B felony. 33 (iii) Where the indictment charges one of the class B felonies defined 34 in article two hundred twenty of the penal law then any plea of guilty 35 entered pursuant to subdivision three or four must be or must include at 36 least a plea of guilty of a class D felony. 37 (b) Where the indictment charges any class B felony, other than a 38 class B felony defined in article two hundred twenty of the penal law or 39 a class B violent felony offense as defined in subdivision one of 40 section 70.02 of the penal law, then any plea of guilty entered pursuant 41 to subdivision three or four must be or must include at least a plea of 42 guilty of a felony. 43 (c) Where the indictment charges a felony, other than a class A felony 44 or class B felony defined in article two hundred twenty of the penal law 45 or class B or class C violent felony offense as defined in subdivision 46 one of section 70.02 of the penal law, and it appears that the defendant 47 has previously been subjected to a predicate felony conviction as 48 defined in penal law section 70.06 then any plea of guilty entered 49 pursuant to subdivision three or four must be or must include at least a 50 plea of guilty of a felony. 51 (d) Where the indictment charges a class A felony, other than those 52 defined in article two hundred twenty of the penal law, or charges a 53 class B or class C violent felony offense as defined in subdivision one 54 of section 70.02 of the penal law, then a plea of guilty entered pursu- 55 ant to subdivision three or four must be as follows:
S. 1209 33 1 (i) Where the indictment charges a class A felony offense or a class B 2 violent felony offense which is also an armed felony offense then a plea 3 of guilty must include at least a plea of guilty to a class C violent 4 felony offense; 5 (ii) Except as provided in subparagraph (i) of this paragraph, where 6 the indictment charges a class B violent felony offense or a class C 7 violent felony offense, then a plea of guilty must include at least a 8 plea of guilty to a class D violent felony offense; 9 (iii) Where the indictment charges the class D violent felony offense 10 of criminal possession of a weapon in the third degree as defined in 11 subdivision four of section 265.02 of the penal law, and the defendant 12 has not been previously convicted of a class A misdemeanor defined in 13 the penal law in the five years preceding the commission of the offense, 14 then a plea of guilty must be either to the class E violent felony 15 offense of attempted criminal possession of a weapon in the third degree 16 or to the class A misdemeanor of criminal possession of a weapon in the 17 fourth degree as defined in subdivision one of section 265.01 of the 18 penal law; 19 (iv) Where the indictment charges the class D violent felony offenses 20 of criminal possession of a weapon in the third degree as defined in 21 subdivision four of section 265.02 of the penal law and the provisions 22 of subparagraph (iii) of this paragraph do not apply, or subdivision 23 five, seven or eight of section 265.02 of the penal law, then a plea of 24 guilty must include at least a plea of guilty to a class E violent felo- 25 ny offense. 26 (e) A defendant may not enter a plea of guilty to the crime of murder 27 in the first degree as defined in section 125.27 of the penal law; 28 provided, however, that a defendant may enter such a plea with both the 29 permission of the court and the consent of the people when the agreed 30 upon sentence is either life imprisonment without parole or a term of 31 imprisonment for the class A-I felony of murder in the first degree 32 other than a sentence of life imprisonment without parole. 33 (f) The provisions of this subdivision shall apply irrespective of 34 whether the defendant is thereby precluded from entering a plea of guil- 35 ty of any lesser included offense. 36 (g)] Where the defendant is a juvenile offender, [the provisions of 37 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply 38 and] any plea entered pursuant to subdivision three or four of this 39 section, must be as follows: 40 [(i)] (a) If the indictment charges a person fourteen or fifteen years 41 old with the crime of murder in the second degree any plea of guilty 42 entered pursuant to subdivision three or four must be a plea of guilty 43 of a crime for which the defendant is criminally responsible; 44 [(ii)] (b) If the indictment does not charge a crime specified in 45 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, then 46 any plea of guilty entered pursuant to subdivision three or four of this 47 section must be a plea of guilty of a crime for which the defendant is 48 criminally responsible unless a plea of guilty is accepted pursuant to 49 [subparagraph (iii)] paragraph (c) of this [paragraph] subdivision; 50 [(iii)] (c) Where the indictment does not charge a crime specified in 51 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, the 52 district attorney may recommend removal of the action to the family 53 court. Upon making such recommendation the district attorney shall 54 submit a subscribed memorandum setting forth: [(1)] (i) a recommendation 55 that the interests of justice would best be served by removal of the 56 action to the family court; and [(2)] (ii) if the indictment charges a
S. 1209 34 1 thirteen year old with the crime of murder in the second degree, or a 2 fourteen or fifteen year old with the crimes of rape in the first degree 3 as defined in subdivision one of section 130.35 of the penal law, or 4 criminal sexual act in the first degree as defined in subdivision one of 5 section 130.50 of the penal law, or an armed felony as defined in para- 6 graph (a) of subdivision forty-one of section 1.20 of this chapter 7 specific factors, one or more of which reasonably supports the recommen- 8 dation, showing, [(i)] (1) mitigating circumstances that bear directly 9 upon the manner in which the crime was committed, or [(ii)] (2) where 10 the defendant was not the sole participant in the crime, that the 11 defendant's participation was relatively minor although not so minor as 12 to constitute a defense to the prosecution, or [(iii)] (3) possible 13 deficiencies in proof of the crime, or [(iv)] (4) where the juvenile 14 offender has no previous adjudications of having committed a designated 15 felony act, as defined in subdivision eight of section 301.2 of the 16 family court act, regardless of the age of the offender at the time of 17 commission of the act, that the criminal act was not part of a pattern 18 of criminal behavior and, in view of the history of the offender, is not 19 likely to be repeated. 20 If the court is of the opinion based on specific factors set forth in 21 the district attorney's memorandum that the interests of justice would 22 best be served by removal of the action to the family court, a plea of 23 guilty of a crime or act for which the defendant is not criminally 24 responsible may be entered pursuant to subdivision three or four of this 25 section, except that a thirteen year old charged with the crime of 26 murder in the second degree may only plead to a designated felony act, 27 as defined in subdivision eight of section 301.2 of the family court 28 act. 29 Upon accepting any such plea, the court must specify upon the record 30 the portion or portions of the district attorney's statement the court 31 is relying upon as the basis of its opinion and that it believes the 32 interests of justice would best be served by removal of the proceeding 33 to the family court. Such plea shall then be deemed to be a juvenile 34 delinquency fact determination and the court upon entry thereof must 35 direct that the action be removed to the family court in accordance with 36 the provisions of article seven hundred twenty-five of this chapter. 37 [(g-1) Where a defendant is an adolescent offender, the provisions of 38 paragraphs (a), (b), (c) and (d) of this subdivision shall not apply.] 39 5-a. Where the plea is to an offense constituting a misdemeanor, the 40 plea shall be deemed replaced by an order of fact-finding in a juvenile 41 delinquency proceeding, pursuant to section 346.1 of the family court 42 act, and the action shall be removed to the family court in accordance 43 with article seven hundred twenty-five of this chapter. Where the plea 44 is to an offense constituting a felony, the court may remove the action 45 to the family court in accordance with section 722.23 and article seven 46 hundred twenty-five of this chapter. 47 [(h) Where the indictment charges the class E felony offense of aggra- 48 vated harassment of an employee by an incarcerated individual as defined 49 in section 240.32 of the penal law, then a plea of guilty must include 50 at least a plea of guilty to a class E felony.] 51 6. The defendant may, with both the permission of the court and the 52 consent of the people, enter a plea of not responsible by reason of 53 mental disease or defect to the indictment in the manner prescribed in 54 section 220.15 of this chapter. 55 § 42. Subdivision 3 of section 220.30 of the criminal procedure law is 56 REPEALED.
S. 1209 35 1 § 43. Section 430.20 of the criminal procedure law is amended by 2 adding a new subdivision 1-a to read as follows: 3 1-a. Time calculation. (a) If at the time of sentencing the defendant 4 is at liberty, and has accrued jail time credit such that the time 5 accrued may be equal to or exceed the amount of time the defendant would 6 be required to serve to reach the conditional release date of a defi- 7 nite, indeterminate, or determinate sentence, or any jail portion of a 8 sentence of probation pursuant to the sentence or sentences to be 9 imposed, the court shall proceed to impose sentence but shall not commit 10 the defendant to custody, or if the defendant is in custody at the time 11 of sentencing the court shall, upon the defendant's request, release the 12 defendant pending further order of the court. The court shall direct the 13 department of corrections and community supervision, sheriff, or the New 14 York city commissioner of corrections to promptly calculate the jail 15 time credit under section 70.30 of the penal law and determine the good 16 time credit pursuant to section 70.40 of the penal law and sections 17 eight hundred three and eight hundred four of the correction law and 18 certify such credit to the sentencing court. If the credit so certified 19 is sufficient to satisfy the conditional release date of the sentence or 20 sentences imposed by the court, the defendant shall not be further 21 committed to custody pursuant to such sentence or sentences, except as 22 otherwise expressly provided by law. 23 (b) Where the defendant is otherwise subject to probation, parole, 24 conditional release or post-release supervision under the terms of the 25 court's sentence, the court shall direct the defendant to appear forth- 26 with at the office of the department of corrections and community super- 27 vision or a local probation department. The terms of such probation, 28 parole, conditional release or post-release supervision shall be estab- 29 lished by the court, the department of corrections and community super- 30 vision, or the local probation department, without commitment of the 31 defendant. 32 § 44. This act shall take effect immediately.