Bill Text: NY A01297 | 2025-2026 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 45-0)

Status: (Introduced) 2025-01-09 - referred to codes [A01297 Detail]

Download: New_York-2025-A01297-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1297

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2025
                                       ___________

        Introduced  by  M.  of  A. MEEKS, REYES, BURDICK, KELLES, EPSTEIN, CRUZ,
          ANDERSON, JACKSON, GALLAGHER, WALKER, MAMDANI,  MITAYNES,  R. CARROLL,
          GIBBS,  LUCAS,  HEVESI,  GONZALEZ-ROJAS,  ROSENTHAL,  SEPTIMO, WEPRIN,
          COOK, RIVERA, TAYLOR, CLARK, CUNNINGHAM, TAPIA, SHRESTHA, KIM, SIMONE,
          ALVAREZ, ZINERMAN, DAVILA, SHIMSKY, CHANDLER-WATERMAN, RAGA,  FORREST,
          LEVENBERG,  BICHOTTE HERMELYN,  HUNTER,  BORES,  SEAWRIGHT, LEE, DAIS,
          HYNDMAN -- Multi-Sponsored by -- M. of  A.  SIMON  --  read  once  and
          referred to the Committee on Codes

        AN  ACT  to  amend  the  penal  law,  the criminal procedure law and the
          correction law, in relation  to  eliminating  mandatory  minimums;  to
          amend the sentencing reform act of 1995, in relation to the effective-
          ness  thereof;  to amend chapter 339 of the laws of 1972, amending the
          correction law and the penal law  relating  to  inmate  work  release,
          furlough and leave, in relation to the effectiveness thereof; to amend
          chapter  435  of the laws of 1997, amending the military law and other
          laws relating to various provisions, in relation to the  effectiveness
          thereof;  to  amend part E of chapter 62 of the laws of 2003, amending
          the correction law and other laws relating to various  provisions,  in
          relation   to   the  effectiveness  thereof;  and  to  repeal  certain
          provisions of the penal  law,  the  criminal  procedure  law  and  the
          correction law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Marvin Mayfield act".
     3    §  2.  Subdivision  6  of section 1.05 of the penal law, as amended by
     4  chapter 98 of the laws of 2006, is amended to read as follows:
     5    6. To [insure the public] promote community safety by [preventing  the
     6  commission  of offenses through the deterrent influence of the sentences
     7  authorized,] supporting the rehabilitation of  [those]  individuals  who
     8  have been convicted, [the promotion of] and their successful and produc-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03169-01-5
        A. 1297                             2

     1  tive reentry and reintegration into society[, and their confinement when
     2  required  in the interests of public protection] by imposing the minimum
     3  sentence necessary to achieve the goals of sentencing outlined above.
     4    §  3.  Section 380.20 of the criminal procedure law is amended to read
     5  as follows:
     6  § 380.20 Sentence required.
     7    1. The court must pronounce sentence in every case where a  conviction
     8  is  entered.  If an accusatory instrument contains multiple counts and a
     9  conviction is entered on more than one count the  court  must  pronounce
    10  sentence on each count.
    11    2.  When  entering a sentence that includes a term of imprisonment, or
    12  within seven days thereafter, the court shall issue a  written  decision
    13  explaining  its  choice  of  sentence, based on individualized findings,
    14  sufficient to facilitate appellate review. A defendant may knowingly and
    15  voluntarily waive the right to a written decision.
    16    § 4. Paragraph (a) of subdivision 3 of section 390.30 of the  criminal
    17  procedure law, as added by chapter 14 of the laws of 1985, is amended to
    18  read as follows:
    19    (a) The report of the pre-sentence investigation must contain an anal-
    20  ysis  of as much of the information gathered in the investigation as the
    21  agency that conducted the investigation deems relevant to  the  question
    22  of sentence. The report must also include any other [imformation] infor-
    23  mation  that  the court directs to be included and the material required
    24  by paragraph (b) of this subdivision which shall be considered  part  of
    25  the  report.   The report shall include an analysis of the actual finan-
    26  cial cost of incarceration to the state and/or localities of the  poten-
    27  tial sentences that may be imposed.
    28    §  5.  Subdivision  1  and  paragraph  (a) of subdivision 2 of section
    29  390.50 of the  criminal  procedure  law,  subdivision  1  as  separately
    30  amended by chapters 224 and 369 of the laws of 1986 and paragraph (a) of
    31  subdivision  2 as amended by chapter 31 of the laws of 2019, are amended
    32  to read as follows:
    33    1. In general. Any pre-sentence report or memorandum submitted to  the
    34  court  pursuant  to  this article and any medical, psychiatric or social
    35  agency report or other information gathered for the court by a probation
    36  department, or submitted directly to the court, in connection  with  the
    37  question  of  sentence  is confidential and may not be made available by
    38  any state agency, including the  state  department  of  corrections  and
    39  community  supervision, to any person or public or private agency except
    40  where specifically required or permitted by  statute  or  upon  specific
    41  authorization  of  the  court.  Section  one  hundred forty-seven of the
    42  correction law shall not  be  deemed  to  permit  such  disclosure.  For
    43  purposes  of  this  section, any report, memorandum or other information
    44  forwarded to a probation department within this state from  a  probation
    45  agency outside this state is governed by the same rules of confidential-
    46  ity.  Any  person, public or private agency receiving such material must
    47  retain it under the same conditions of confidentiality as apply  to  the
    48  probation department that made it available.
    49    (a)  Not less than one court day prior to sentencing, unless such time
    50  requirement is waived by the parties, the pre-sentence report  or  memo-
    51  randum  shall  be  made  available  by the court for examination and for
    52  copying  and  retention  by  the  defendant's  attorney,  the  defendant
    53  [himself]  themself,  [if  he  has no attorney,] and the prosecutor. The
    54  defendant shall be given an opportunity to challenge or correct any fact
    55  or conclusion in the pre-sentence report  or  memorandum  prior  to  the
    56  court's  pronouncement  of  sentence.  In  its discretion, the court may
        A. 1297                             3

     1  except from disclosure a part or parts of the report or memoranda  which
     2  are  not  relevant  to  a proper sentence, or a diagnostic opinion which
     3  might seriously disrupt a  program  of  rehabilitation,  or  sources  of
     4  information which have been obtained on a promise of confidentiality, or
     5  any  other  portion  thereof,  disclosure  of  which would not be in the
     6  interest of justice. In all cases where a part or parts of the report or
     7  memoranda are not disclosed, the court shall state for the record that a
     8  part or parts of the report or memoranda  have  been  excepted  and  the
     9  reasons  for  its  action. The action of the court excepting information
    10  from disclosure shall be subject to appellate review.  The  pre-sentence
    11  report  shall be made available by the court for examination and copying
    12  in connection with any appeal in the case,  including  an  appeal  under
    13  this  subdivision.  Upon written request, the court shall make a copy of
    14  the presentence report, other than a part or parts of the report redact-
    15  ed by the court pursuant to this paragraph, available to  the  defendant
    16  for  use  before the parole board for release consideration or an appeal
    17  of a parole board  determination  or  an  application  for  resentencing
    18  pursuant  to  section  440.46  or 440.47 of this chapter. [In his or her
    19  written request to the court the defendant shall affirm that he  or  she
    20  anticipates  an appearance before the parole board or intends to file an
    21  administrative appeal of a  parole  board  determination  or  meets  the
    22  eligibility  criteria  for and intends to file a motion for resentencing
    23  pursuant to 440.46 of this chapter or has received notification from the
    24  court which received his or her request to apply for resentencing pursu-
    25  ant to section 440.47 of this chapter  confirming  that  he  or  she  is
    26  eligible  to  submit an application for resentencing pursuant to section
    27  440.47 of this chapter.] The court  shall  respond  to  the  defendant's
    28  written request within twenty days from receipt of the defendant's writ-
    29  ten request.
    30    § 6. Section 70.00 of the penal law, the section heading as amended by
    31  chapter  277  of the laws of 1973, subdivision 1 as amended by chapter 7
    32  of the laws of 2007, subdivisions 2, 3 and 4 as amended by  chapter  738
    33  of  the laws of 2004, paragraph (a) of subdivision 3 as amended by chap-
    34  ter 107 and paragraph (b) of subdivision 3 as amended by chapter 746  of
    35  the  laws  of 2006, subdivision 5 as amended by section 40-a of part WWW
    36  of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap-
    37  ter 1 of the laws of 1998, is amended to read as follows:
    38  § 70.00 Sentence of imprisonment for felony.
    39    1. Indeterminate sentence. Except as provided  in  subdivisions  three
    40  and  four[, five and six] of this section or section 70.80 of this arti-
    41  cle, [a] the term of sentence [of imprisonment] for a felony, other than
    42  a felony defined in article two hundred twenty [or two  hundred  twenty-
    43  one] of this chapter, shall be fixed by the court. If a court finds that
    44  sentence  of  imprisonment  of more than one year is the minimum term of
    45  imprisonment necessary to achieve the goals  of  sentencing,  the  court
    46  shall impose an indeterminate sentence. When such a sentence is imposed,
    47  the  court shall impose a maximum term in accordance with the provisions
    48  of subdivision two of this section [and the minimum period of  imprison-
    49  ment  shall  be  as provided in subdivision three of this section].  The
    50  minimum period shall be fixed by the court and specified in the sentence
    51  and shall be not less than one year nor more than one-third of the maxi-
    52  mum term imposed, or the court may impose a definite sentence of  impri-
    53  sonment and fix a term of less than one year.
    54    2.  Maximum  term  of  sentence.  The maximum term of an indeterminate
    55  sentence shall be at least three years and the term shall  be  fixed  as
    56  follows:
        A. 1297                             4

     1    (a) For a class A felony, the term shall be life imprisonment;
     2    (b)  For  a  class B felony, the term shall be fixed by the court, and
     3  shall not exceed twenty-five years;
     4    (c) For a class C felony, the term shall be fixed by  the  court,  and
     5  shall not exceed fifteen years;
     6    (d)  For  a  class D felony, the term shall be fixed by the court, and
     7  shall not exceed seven years; and
     8    (e) For a class E felony, the term shall be fixed by  the  court,  and
     9  shall not exceed four years.
    10    3. [Minimum period of imprisonment. The minimum period of imprisonment
    11  under  an indeterminate sentence shall be at least one year and shall be
    12  fixed as follows:
    13    (a) In the case of a class A felony, the minimum period shall be fixed
    14  by the court and specified in the sentence.
    15    (i) For a class A-I felony, such minimum period shall not be less than
    16  fifteen years nor more than twenty-five years; provided,  however,  that
    17  (A)  where  a sentence, other than a sentence of death or life imprison-
    18  ment without parole, is imposed upon a defendant convicted of murder  in
    19  the first degree as defined in section 125.27 of this chapter such mini-
    20  mum period shall be not less than twenty years nor more than twenty-five
    21  years,  and,  (B) where a sentence is imposed upon a defendant convicted
    22  of murder in the second degree as defined in subdivision five of section
    23  125.25 of this chapter or convicted of aggravated murder as  defined  in
    24  section  125.26 of this chapter, the sentence shall be life imprisonment
    25  without parole, and, (C) where a sentence is imposed  upon  a  defendant
    26  convicted  of attempted murder in the first degree as defined in article
    27  one hundred ten of this chapter and subparagraph (i), (ii) or  (iii)  of
    28  paragraph (a) of subdivision one and paragraph (b) of subdivision one of
    29  section 125.27 of this chapter or attempted aggravated murder as defined
    30  in  article  one  hundred ten of this chapter and section 125.26 of this
    31  chapter such minimum period shall be not less than twenty years nor more
    32  than forty years.
    33    (ii) For a class A-II felony, such minimum period shall  not  be  less
    34  than  three years nor more than eight years four months, except that for
    35  the class A-II felony of predatory sexual assault as defined in  section
    36  130.95  of  this  chapter  or  the class A-II felony of predatory sexual
    37  assault against a child as defined in section 130.96  of  this  chapter,
    38  such minimum period shall be not less than ten years nor more than twen-
    39  ty-five years.
    40    (b)  For  any  other  felony, the minimum period shall be fixed by the
    41  court and specified in the sentence and shall be not less than one  year
    42  nor more than one-third of the maximum term imposed.
    43    4.  Alternative  definite  sentence for class D and E felonies. When a
    44  person, other than a second or persistent felony offender, is  sentenced
    45  for  a  class  D  or class E felony, and the court, having regard to the
    46  nature and circumstances of the crime and to the history  and  character
    47  of  the  defendant, is of the opinion that a sentence of imprisonment is
    48  necessary but that it would be unduly harsh to impose  an  indeterminate
    49  or  determinate  sentence,  the  court may impose a definite sentence of
    50  imprisonment and fix a term of one year or less.
    51    5.]  Life  imprisonment  without  parole.  Notwithstanding  any  other
    52  provision  of  law,  a  defendant sentenced to life imprisonment without
    53  parole shall not  be  or  become  eligible  for  parole  or  conditional
    54  release.  For  purposes of commitment and custody, other than parole and
    55  conditional release, such sentence shall be deemed to be  an  indetermi-
    56  nate sentence. A defendant may be sentenced to life imprisonment without
        A. 1297                             5

     1  parole  upon  conviction  for the crime of murder in the first degree as
     2  defined in section 125.27 of this chapter and  in  accordance  with  the
     3  procedures  provided  by  law  for imposing a sentence for such crime. A
     4  defendant  who  was  eighteen  years  of age or older at the time of the
     5  commission of the crime must be sentenced to life  imprisonment  without
     6  parole  upon conviction for the crime of terrorism as defined in section
     7  490.25 of this  chapter,  where  the  specified  offense  the  defendant
     8  committed  is  a class A-I felony; the crime of criminal possession of a
     9  chemical weapon or biological weapon in the first degree as  defined  in
    10  section 490.45 of this chapter; or the crime of criminal use of a chemi-
    11  cal  weapon  or  biological  weapon  in  the  first degree as defined in
    12  section 490.55 of this chapter; provided, however, that nothing in  this
    13  subdivision  shall  preclude  or  prevent  a  sentence of death when the
    14  defendant is also convicted of the crime of murder in the  first  degree
    15  as defined in section 125.27 of this chapter. A defendant who was seven-
    16  teen  years of age or younger at the time of the commission of the crime
    17  may be sentenced, in accordance with law, to the  applicable  indetermi-
    18  nate sentence with a maximum term of life imprisonment. A defendant must
    19  be sentenced to life imprisonment without parole upon conviction for the
    20  crime  of  murder in the second degree as defined in subdivision five of
    21  section 125.25 of this chapter or for the crime of aggravated murder  as
    22  defined  in subdivision one of section 125.26 of this chapter. A defend-
    23  ant may be sentenced to life imprisonment without parole upon conviction
    24  for the crime of aggravated murder as  defined  in  subdivision  two  of
    25  section 125.26 of this chapter.
    26    [6.]  4. Determinate sentence. [Except as provided in subdivision four
    27  of this section and subdivisions two and four of  section  70.02,  when]
    28  When  a  person  is  sentenced  as a violent felony offender pursuant to
    29  section 70.02 [or as  a  second  violent  felony  offender  pursuant  to
    30  section  70.04  or  as  a  second  felony offender on a conviction for a
    31  violent felony offense pursuant to section 70.06] of this  article,  the
    32  sentence  shall  be fixed by the court. If a court finds that a sentence
    33  of imprisonment of more than one year is the minimum term  of  imprison-
    34  ment necessary to achieve the goals of sentencing, the court must impose
    35  a determinate sentence of imprisonment in accordance with the provisions
    36  of  such [sections and such sentence shall include, as a part thereof, a
    37  period of post-release supervision in  accordance  with  section  70.45]
    38  section.
    39    §  7.  Subdivision  d  of section 74 of chapter 3 of the laws of 1995,
    40  enacting the sentencing reform act of 1995, as amended by section 17  of
    41  part A of chapter 55 of the laws of 2023, is amended to read as follows:
    42    d.  Sections  one-a [through], one-b, two, four through eight, eleven,
    43  twelve, twenty, twenty-four through twenty-eight, thirty  through  thir-
    44  ty-nine,  forty-two  and forty-four of this act shall be deemed repealed
    45  on September 1, 2025;
    46    § 8. Subdivisions 2 and 4 of  section  70.02  of  the  penal  law  are
    47  REPEALED  and  subdivision  3,  as amended by chapter 765 of the laws of
    48  2005, paragraphs (b) and (c) as amended by chapter  1  of  the  laws  of
    49  2013, is amended to read as follows:
    50    [3.]  2.  Term of sentence. The term [of a determinate sentence] for a
    51  violent felony offense must be fixed by the court. The court may  impose
    52  a  definite  sentence  of  imprisonment  and fix a term of less than one
    53  year. If a court finds that a sentence of imprisonment of more than  one
    54  year  is the minimum term of imprisonment necessary to achieve the goals
    55  of sentencing, the court shall impose a determinate sentence as follows:
        A. 1297                             6

     1    (a) For a class B felony, the term must be at least [five  years]  one
     2  year  and must not exceed twenty-five years, provided, however, that the
     3  term [must be]:  (i) [at least ten years and]  must  not  exceed  thirty
     4  years  where  the sentence is for the crime of aggravated assault upon a
     5  police  officer  or  peace  officer as defined in section 120.11 of this
     6  chapter; and (ii) [at least ten years and] must not exceed thirty  years
     7  where  the  sentence  is for the crime of aggravated manslaughter in the
     8  first degree as defined in section 125.22 of this chapter;
     9    (b) For a class C felony, the term must be at least  [three  and  one-
    10  half years] one year and must not exceed fifteen years, provided, howev-
    11  er,  that  the  term  [must be]: (i) [at least seven years and] must not
    12  exceed twenty years where the sentence is for the  crime  of  aggravated
    13  manslaughter  in  the second degree as defined in section 125.21 of this
    14  chapter; (ii) [at least seven years and] must not  exceed  twenty  years
    15  where the sentence is for the crime of attempted aggravated assault upon
    16  a  police  officer or peace officer as defined in section 120.11 of this
    17  chapter; (iii) [at least three and one-half years and] must  not  exceed
    18  twenty years where the sentence is for the crime of aggravated criminal-
    19  ly  negligent homicide as defined in section 125.11 of this chapter; and
    20  (iv) [at least five years and] must not exceed fifteen years  where  the
    21  sentence is imposed for the crime of aggravated criminal possession of a
    22  weapon as defined in section 265.19 of this chapter;
    23    (c)  For  a  class D felony, the term must be at least [two years] one
    24  year and must not exceed seven years, provided, however, that  the  term
    25  [must  be]:  (i)  [at  least  two years and] must not exceed eight years
    26  where the sentence is for the crime of  menacing  a  police  officer  or
    27  peace officer as defined in section 120.18 of this chapter; and (ii) [at
    28  least  three  and  one-half years and] must not exceed seven years where
    29  the sentence is imposed for the crime of criminal possession of a weapon
    30  in the third degree as defined in subdivision ten of section  265.02  of
    31  this chapter; and
    32    (d)  For a class E felony, the term must be at least one [and one-half
    33  years] year and must not exceed four years.
    34    § 9.  Sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07,  70.08  and
    35  70.10 of the penal law are REPEALED.
    36    § 10. Subdivisions 1 and 3 of section 70.05 of the penal law, subdivi-
    37  sion  1  as amended by chapter 615 of the laws of 1984, subdivision 3 as
    38  added by chapter 481 of the laws of 1978, paragraph (a) of subdivision 3
    39  as amended by chapter 174 of the laws  of  2003  and  paragraph  (c)  of
    40  subdivision 3 as amended by chapter 435 of the laws of 1998, are amended
    41  to read as follows:
    42    1.  Indeterminate  sentence.  A  sentence of imprisonment for a felony
    43  committed by a juvenile offender shall be fixed by the court. If a court
    44  finds that a sentence of imprisonment of more than one year is the mini-
    45  mum term of imprisonment necessary to achieve the goals  of  sentencing,
    46  the  court shall impose an indeterminate sentence.  When such a sentence
    47  is imposed, the court shall impose a maximum term in accordance with the
    48  provisions of subdivision two of this section and the minimum period  of
    49  imprisonment  shall be as provided in subdivision three of this section.
    50  The court shall further provide that where a juvenile offender is  under
    51  placement  pursuant  to  article  three  of  the  family  court act, any
    52  sentence imposed pursuant to this section which is to be served  consec-
    53  utively  with  such  placement  shall be served in a facility designated
    54  pursuant to subdivision four of section 70.20 of this article  prior  to
    55  service of the placement in any previously designated facility.
        A. 1297                             7

     1    3.  Minimum  period  of  imprisonment. The court may impose a definite
     2  sentence of imprisonment and fix a term of less than one year. The mini-
     3  mum period of imprisonment under an indeterminate sentence for  a  juve-
     4  nile offender shall be not less than one year nor more than one-third of
     5  the maximum term imposed and specified in the sentence as follows:
     6    (a) For the class A felony of murder in the second degree, the minimum
     7  period  of  imprisonment  shall  be fixed by the court and shall [be not
     8  less than five years but shall] not exceed nine years provided, however,
     9  that where the sentence is for an offense specified in  subdivision  one
    10  or  two of section 125.25 of this chapter and the defendant was fourteen
    11  or fifteen years old at the time of such offense, the minimum period  of
    12  imprisonment shall [be not less than seven and one-half years but shall]
    13  not exceed fifteen years;
    14    (b)  For  the  class A felony of arson in the first degree, or for the
    15  class A felony of kidnapping in the first degree, the minimum period  of
    16  imprisonment  shall  be  fixed  by the court and shall [be not less than
    17  four years but shall] not exceed six years; and
    18    (c) For a class B, C or D felony, the minimum period  of  imprisonment
    19  shall be fixed by the court at one-third of the maximum term imposed.
    20    §  11.  Paragraph (c) of subdivision 1-a of section 70.15 of the penal
    21  law, as added by section 2 of part OO of chapter 55 of the laws of 2019,
    22  is amended to read as follows:
    23    (c) Any sentence for a misdemeanor conviction  imposed  prior  to  the
    24  effective date of this subdivision that is a definite sentence of impri-
    25  sonment  of one year, or three hundred sixty-five days, shall, by opera-
    26  tion of law, be changed to, mean and be interpreted  and  applied  as  a
    27  sentence  of  three  hundred  sixty-four  days. In addition to any other
    28  right of a person to obtain a record of a  proceeding  against  [him  or
    29  her]  them,  [a  person so sentenced prior to the effective date of this
    30  subdivision shall be entitled to obtain, from] the criminal court or the
    31  clerk thereof, shall not issue a certificate of conviction, as described
    32  in subdivision one of section  60.60  of  the  criminal  procedure  law,
    33  setting  forth  [such  sentence  as the sentence specified in this para-
    34  graph] sentences of one year. The criminal court or clerk thereof  shall
    35  only  issue  certificates of conviction setting forth sentences of three
    36  hundred  sixty-four  days  or  less.  The  court  shall  implement  this
    37  provision within ninety days of the effective date of the chapter of the
    38  laws of two thousand twenty-three that amended this paragraph.
    39    §  12.  Paragraph  (a)  of subdivision 1 of section 70.20 of the penal
    40  law, as amended by section 124 of subpart B of part C of chapter  62  of
    41  the laws of 2011, is amended to read as follows:
    42    (a)  Indeterminate  or  determinate  sentence.  Except  as provided in
    43  subdivision four of this section, when an indeterminate  or  determinate
    44  sentence  of imprisonment is imposed, the court shall commit the defend-
    45  ant to the custody of the state department of corrections and  community
    46  supervision  for  the  term  of  [his  or  her] their sentence and until
    47  released in accordance with the law[; provided, however, that a  defend-
    48  ant  sentenced  pursuant  to subdivision seven of section 70.06 shall be
    49  committed to the custody of the  state  department  of  corrections  and
    50  community supervision for immediate delivery to a reception center oper-
    51  ated by the department].
    52    §  13.  Section  70.25  of the penal law, subdivision 1 as amended and
    53  subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a)
    54  of subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of  subdi-
    55  vision  5  as amended by chapter 3 of the laws of 1995, subdivision 2 as
    56  amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by
        A. 1297                             8

     1  chapter 495 of the laws of 2009, subdivisions 2-c and 2-d  as  added  by
     2  chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122
     3  of  the  laws of 1996, subdivision 2-f as added by chapter 1 of the laws
     4  of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and
     5  subdivision 4 as added by chapter 782 of the laws of 1975, is amended to
     6  read as follows:
     7  § 70.25 Concurrent and consecutive terms of imprisonment.
     8    1.  Except  as  provided in [subdivisions] subdivision two[, two-a and
     9  five] of this section,  when  multiple  sentences  of  imprisonment  are
    10  imposed on a person at the same time, or when a person who is subject to
    11  any  undischarged  term  of imprisonment imposed at a previous time by a
    12  court of this state is sentenced to an additional term of  imprisonment,
    13  the  sentence or sentences imposed by the court shall run either concur-
    14  rently or consecutively with respect to each other and the  undischarged
    15  term  or  terms  in  such  manner  as  the  court directs at the time of
    16  sentence. If the court does not specify the manner in which  a  sentence
    17  imposed by it is to run, the sentence shall run as follows:
    18    (a)  An  indeterminate  or determinate sentence shall run concurrently
    19  with all other terms; and
    20    (b) A definite sentence shall  run  concurrently  with  [any  sentence
    21  imposed at the same time and shall be consecutive to any other term] all
    22  other terms.
    23    2.  When more than one sentence of imprisonment is imposed on a person
    24  for two or more offenses committed through a single act or omission,  or
    25  through  an  act  or  omission  which  in  itself constituted one of the
    26  offenses and also was a material element of the  other,  the  sentences,
    27  except  if  one  or more of such sentences is for a violation of section
    28  270.20 of this chapter, must run concurrently.
    29    [2-a. When an indeterminate or determinate sentence of imprisonment is
    30  imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,  subdivi-
    31  sion  three  or  four  of  section  70.70,  subdivision three or four of
    32  section 70.71 or subdivision five of section 70.80 of this  article,  or
    33  is  imposed  for  a  class  A-I felony pursuant to section 70.00 of this
    34  article, and such person is subject to an undischarged indeterminate  or
    35  determinate  sentence of imprisonment imposed prior to the date on which
    36  the present crime was committed, the court must impose a sentence to run
    37  consecutively with respect to such undischarged sentence.
    38    2-b. When a person is convicted of a violent felony offense  committed
    39  after  arraignment  and  while  released  on  recognizance  or bail, but
    40  committed prior to the  imposition  of  sentence  on  a  pending  felony
    41  charge,  and if an indeterminate or determinate sentence of imprisonment
    42  is imposed  in  each  case,  such  sentences  shall  run  consecutively.
    43  Provided, however, that the court may, in the interest of justice, order
    44  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
    45  sentences are required by this subdivision if it finds either mitigating
    46  circumstances that bear directly upon the manner in which the crime  was
    47  committed  or,  where  the defendant was not the sole participant in the
    48  crime, the defendant's participation was relatively minor  although  not
    49  so  minor  as  to constitute a defense to the prosecution. The defendant
    50  and the district attorney shall have an opportunity to present  relevant
    51  information  to  assist  the  court in making this determination and the
    52  court may, in its discretion, conduct a  hearing  with  respect  to  any
    53  issue  bearing  upon  such  determination.  If the court determines that
    54  consecutive sentences should not be ordered, it shall make  a  statement
    55  on  the  record  of the facts and circumstances upon which such determi-
    56  nation is based.
        A. 1297                             9

     1    2-c. When a person is convicted of bail jumping in the  second  degree
     2  as  defined  in  section  215.56  or bail jumping in the first degree as
     3  defined in section 215.57 committed after arraignment and while released
     4  on recognizance or bail in  connection  with  a  pending  indictment  or
     5  information  charging  one or more felonies, at least one of which he is
     6  subsequently convicted, and if an indeterminate sentence of imprisonment
     7  is imposed  in  each  case,  such  sentences  shall  run  consecutively.
     8  Provided, however, that the court may, in the interest of justice, order
     9  a  sentence  to  run  concurrently  in  a  situation  where  consecutive
    10  sentences are required  by  this  subdivision  if  it  finds  mitigating
    11  circumstances  that bear directly upon the manner in which the crime was
    12  committed. The defendant and the district attorney shall have an  oppor-
    13  tunity  to  present  relevant  information to assist the court in making
    14  this determination and the court may, in its discretion, conduct a hear-
    15  ing with respect to any issue bearing upon such  determination.  If  the
    16  court  determines  that  consecutive sentences should not be ordered, it
    17  shall make a statement on the record of the facts and circumstances upon
    18  which such determination is based.
    19    2-d. When a person is convicted of escape  in  the  second  degree  as
    20  defined  in  section  205.10 or escape in the first degree as defined in
    21  section 205.15 committed after issuance of a securing order, as  defined
    22  in  subdivision five of section 500.10 of the criminal procedure law, in
    23  connection with a pending indictment or information charging one or more
    24  felonies, at least one of which he is subsequently convicted, and if  an
    25  indeterminate  sentence  of  imprisonment  is imposed in each case, such
    26  sentences shall run consecutively. Provided,  however,  that  the  court
    27  may, in the interest of justice, order a sentence to run concurrently in
    28  a situation where consecutive sentences are required by this subdivision
    29  if  it finds mitigating circumstances that bear directly upon the manner
    30  in which the crime was committed. The defendant and the district  attor-
    31  ney  shall have an opportunity to present relevant information to assist
    32  the court in making  this  determination  and  the  court  may,  in  its
    33  discretion,  conduct  a  hearing  with respect to any issue bearing upon
    34  such determination. If the court determines that  consecutive  sentences
    35  should  not  be  ordered, it shall make a statement on the record of the
    36  facts and circumstances upon which such determination is based.
    37    2-e.] 2-a. Whenever a person is convicted of course of sexual  conduct
    38  against  a  child  in  the  first degree as defined in section 130.75 or
    39  course of sexual conduct against a child in the second degree as defined
    40  in section 130.80 and any other crime under article one  hundred  thirty
    41  committed  against  the  same  child and within the period charged under
    42  section 130.75 or 130.80, the sentences must run concurrently.
    43    [2-f.] 2-b. Whenever a person  is  convicted  of  facilitating  a  sex
    44  offense with a controlled substance as defined in section 130.90 of this
    45  chapter,  the  sentence  imposed  by  the  court for such offense may be
    46  ordered to run consecutively to any sentence imposed upon conviction  of
    47  an offense defined in article one hundred thirty of this chapter arising
    48  from the same criminal transaction.
    49    [2-g.]  2-c. Whenever a person is convicted of unlawful manufacture of
    50  methamphetamine in the third degree as defined in section 220.73 of this
    51  chapter, unlawful manufacture of methamphetamine in the second degree as
    52  defined in section 220.74 of this chapter, or  unlawful  manufacture  of
    53  methamphetamine in the first degree as defined in section 220.75 of this
    54  chapter,  or any attempt to commit any of such offenses, and such person
    55  is also convicted, with respect to such unlawful methamphetamine labora-
    56  tory, of unlawful disposal of  methamphetamine  laboratory  material  as
        A. 1297                            10

     1  defined  in  section  220.76  of  this  chapter,  the sentences must run
     2  concurrently.
     3    3.  Where  consecutive  definite  sentences  of  imprisonment  are not
     4  prohibited by subdivision two of this  section  and  are  imposed  on  a
     5  person  for  offenses which were committed as parts of a single incident
     6  or transaction, the aggregate of the terms of such sentences  shall  not
     7  exceed one year.
     8    4. When a person, who is subject to any undischarged term of imprison-
     9  ment  imposed  at a previous time by a court of another jurisdiction, is
    10  sentenced to an additional term or terms of imprisonment by a  court  of
    11  this  state,  the  sentence  or  sentences  imposed by the court of this
    12  state, subject to the provisions of subdivisions one, two and  three  of
    13  this  section,  shall  run  either  concurrently  or  consecutively with
    14  respect to such undischarged term in such manner as the court directs at
    15  the time of sentence. If the court of this state does  not  specify  the
    16  manner  in  which  a  sentence  imposed by it is to run, the sentence or
    17  sentences shall run [consecutively] concurrently.
    18    [5. (a) Except as provided in paragraph (c) of this subdivision,  when
    19  a  person  is  convicted  of assault in the second degree, as defined in
    20  subdivision seven of section 120.05 of this chapter, any definite, inde-
    21  terminate or determinate term of imprisonment which may be imposed as  a
    22  sentence  upon  such  conviction  shall run consecutively to any undisc-
    23  harged term of imprisonment to which the defendant was subject  and  for
    24  which he was confined at the time of the assault.
    25    (b)  Except  as  provided in paragraph (c) of this subdivision, when a
    26  person is convicted of assault in  the  second  degree,  as  defined  in
    27  subdivision seven of section 120.05 of this chapter, any definite, inde-
    28  terminate  or determinate term of imprisonment which may be imposed as a
    29  sentence upon such conviction shall run consecutively  to  any  term  of
    30  imprisonment  which was previously imposed or which may be prospectively
    31  imposed where the person was confined within a detention facility at the
    32  time of the assault upon a charge which culminated in such  sentence  of
    33  imprisonment.
    34    (c)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
    35  subdivision, a term of imprisonment imposed upon a conviction to assault
    36  in the second degree as defined in subdivision seven of  section  120.05
    37  of  this chapter may run concurrently to any other term of imprisonment,
    38  in the interest of justice, provided the court sets forth in the  record
    39  its  reasons for imposing a concurrent sentence. Nothing in this section
    40  shall require the imposition of a sentence of imprisonment where  it  is
    41  not otherwise required by law.]
    42    §  14.  Paragraphs  (a) and (f) of subdivision 1 and the opening para-
    43  graph of subdivision 3 of section 70.30 of the penal law, paragraph  (a)
    44  of  subdivision 1 as amended by chapter 3 of the laws of 1995, paragraph
    45  (f) of subdivision 1 as added by chapter 481 of the laws of 1978 and  as
    46  relettered  by  chapter 3 of the laws of 1995, and the opening paragraph
    47  of subdivision 3 as amended by chapter  1  of  the  laws  of  1998,  are
    48  amended to read as follows:
    49    (a) If the sentences run concurrently, the time served under imprison-
    50  ment  on  any of the sentences shall be credited against the minimum and
    51  maximum periods  of  all  the  concurrent  indeterminate  sentences  and
    52  against the terms of all the concurrent determinate sentences. The maxi-
    53  mum  term  or terms of the indeterminate sentences and the term or terms
    54  of the  determinate  sentences  shall  merge  in  and  be  satisfied  by
    55  discharge of the term which has the longest unexpired time to run;
        A. 1297                            11

     1    (f) The aggregate maximum term of consecutive sentences imposed upon a
     2  juvenile  offender for two or more crimes, not including a class A felo-
     3  ny, committed before [he has] they have  reached  the  age  of  sixteen,
     4  shall,  if  it  exceeds ten years, be deemed to be ten years. If consec-
     5  utive indeterminate sentences imposed upon a juvenile offender include a
     6  sentence  for the class A felony of arson in the first degree or for the
     7  class A felony of kidnapping in the first  degree,  then  the  aggregate
     8  maximum  term  of  such sentences shall, if it exceeds fifteen years, be
     9  deemed to be fifteen years. Where the aggregate maximum term of  two  or
    10  more  consecutive sentences is reduced by a calculation made pursuant to
    11  this paragraph, the aggregate minimum  period  of  imprisonment,  if  it
    12  exceeds  [one-half]  one-third  of  the  aggregate  maximum  term  as so
    13  reduced, shall be deemed to be [one-half]  one-third  of  the  aggregate
    14  maximum term as so reduced.
    15    The  term of a definite sentence, a determinate sentence, or the maxi-
    16  mum term of an indeterminate sentence imposed on a person shall be cred-
    17  ited with and diminished by the amount  of  time  the  person  spent  in
    18  custody  prior to the commencement of such sentence as a result of [the]
    19  any pending charge [that culminated in the sentence]. In the case of  an
    20  indeterminate  sentence,  if the minimum period of imprisonment has been
    21  fixed by the court or by the board of parole, the credit shall  also  be
    22  applied  against the minimum period. The credit herein provided shall be
    23  calculated from the date custody under the charge commenced to the  date
    24  the  sentence  commences and shall not include any time that is credited
    25  against the term or maximum term of any previously imposed  sentence  or
    26  period  of  post-release  supervision  to  which  the person is subject.
    27  Provided, however, that when a person is subject to an undischarged term
    28  of imprisonment or post-release supervision  following  parole  release,
    29  presumptive   release  or  conditional  release  from  an  indeterminate
    30  sentence, or conditional release or maximum expiration of a  determinate
    31  sentence, and is held in pretrial custody in a local correctional facil-
    32  ity  on  a  new  charge or charges that culminate in an indeterminate or
    33  determinate term of imprisonment, the time spent in pre-trial custody in
    34  a local correctional facility on such charge or charges, from  the  date
    35  custody  commenced  to  the  date  of  commencement  of the subsequently
    36  imposed indeterminate or determinate sentence, shall be credited as jail
    37  time; and provided further that when  jail  time  is  credited  in  such
    38  manner  the time spent in pre-trial custody shall not be credited to the
    39  previously imposed sentence to which the person is  subject.  Where  the
    40  charge  or charges culminate in more than one sentence, the credit shall
    41  be applied as follows:
    42    § 15. Section 10 of chapter 339 of the  laws  of  1972,  amending  the
    43  correction  law  and  the  penal  law  relating  to inmate work release,
    44  furlough and leave, as amended by section 6 of part A of chapter  55  of
    45  the laws of 2023, is amended to read as follows:
    46    §  10. This act shall take effect 30 days after it shall have become a
    47  law [and]; provided that sections one through eight of  this  act  shall
    48  remain  in  effect until September 1, 2025[,]; and provided further that
    49  the commissioner of correctional  services  shall  report  each  January
    50  first,  and  July  first,  to  the  [chairman] chair of the senate crime
    51  victims, crime and correction committee, the senate codes committee, the
    52  assembly correction committee, and the  assembly  codes  committee,  the
    53  number  of  eligible [inmates] incarcerated individuals in each facility
    54  under the custody and control of the commissioner who have  applied  for
    55  participation  in  any  program  offered  under  the  provisions of work
        A. 1297                            12

     1  release, furlough, or leave, and the number of such [inmates]  incarcer-
     2  ated individuals who have been approved for participation.
     3    §  16.  Section 70.35 of the penal law, as amended by section 127-a of
     4  subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
     5  read as follows:
     6  §  70.35 Merger  of  certain  definite  and indeterminate or determinate
     7             sentences.
     8    The service of an indeterminate or determinate sentence  of  imprison-
     9  ment  shall  satisfy  any definite sentence of imprisonment imposed on a
    10  person for an offense committed prior to the time the  indeterminate  or
    11  determinate  sentence  was imposed, [except as provided in paragraph (b)
    12  of subdivision five of section 70.25 of this article]. A person  who  is
    13  serving  a definite sentence at the time an indeterminate or determinate
    14  sentence is imposed shall be delivered  to  the  custody  of  the  state
    15  department  of corrections and community supervision to commence service
    16  of the indeterminate or determinate  sentence  immediately  [unless  the
    17  person  is  serving  a  definite  sentence  pursuant to paragraph (b) of
    18  subdivision five of section 70.25 of this article]. In  any  case  where
    19  the  indeterminate  or  determinate  sentence is revoked or vacated, the
    20  person shall receive credit against the definite sentence for  each  day
    21  spent in the custody of the state department of corrections and communi-
    22  ty supervision.
    23    § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    24  laws of 1997, amending the military law and other laws relating to vari-
    25  ous  provisions, as amended by section 13 of part A of chapter 55 of the
    26  laws of 2023, is amended to read as follows:
    27    a. sections forty-three through [forty-five] forty-four  of  this  act
    28  shall expire and be deemed repealed on September 1, 2025;
    29    § 18. Subdivisions (f), (g) and (h) of section 15 of part E of chapter
    30  62  of  the  laws  of  2003,  amending the correction law and other laws
    31  relating to various provisions, are amended to read as follows:
    32    (f) the amendments made to subdivision 2 of section 259-c of the exec-
    33  utive law made by section seven of this act shall not affect the expira-
    34  tion of such subdivision and shall be deemed to expire therewith; and
    35    (g) the amendments to paragraph (a) of subdivision 2 and  subparagraph
    36  (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i
    37  of the executive law made by section eleven of this act shall not affect
    38  the expiration of such paragraph (a) of subdivision 2, such subparagraph
    39  (i)  of  paragraph (a) and such paragraph (d) of subdivision 3 and shall
    40  be deemed to expire therewith[; and
    41    (h) paragraph (c) of subdivision 1 of section 70.40 of the  penal  law
    42  as  added  by  section  thirteen  of this act shall expire and be deemed
    43  repealed on the same date as subdivision 6 of section 76 of chapter  435
    44  of the laws of 1997, as amended].
    45    §  19. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law,
    46  subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision
    47  2 as amended and subdivision 2-a as added by chapter 7 of  the  laws  of
    48  2007,  paragraphs  (a),  (b),  (c), (d), (e) and (f) of subdivision 2 as
    49  amended by chapter 31 of the laws of 2019, and subdivision 3 as added by
    50  chapter 1 of the laws of 1998, are amended to read as follows:
    51    1. In general. When a court imposes a determinate sentence it shall in
    52  each case state not only the term of imprisonment,  but  also  an  addi-
    53  tional period of post-release supervision as determined pursuant to this
    54  article.  Such  period shall commence as provided in subdivision five of
    55  this section and a violation of any condition of  supervision  occurring
    56  at any time during such period of post-release supervision shall subject
        A. 1297                            13

     1  the  defendant  to a further period of imprisonment up to the balance of
     2  the remaining period of post-release supervision,  not  to  exceed  five
     3  years;  provided,  however,  that a defendant serving a term of post-re-
     4  lease  supervision  for a conviction of a felony sex offense, as defined
     5  in section 70.80 of this article, may be subject to a further period  of
     6  imprisonment  up  to the balance of the remaining period of post-release
     7  supervision.  Notwithstanding any other provision of law to the  contra-
     8  ry,  no  person  serving  a  period of post-release supervision shall be
     9  confined in a correctional facility, including a  residential  treatment
    10  facility  as defined in subdivision six of section two of the correction
    11  law, except following a revocation hearing as set forth in  section  two
    12  hundred fifty-nine-i of the executive law. Such maximum limits shall not
    13  preclude  a  longer period of further imprisonment for a violation where
    14  the defendant is subject to indeterminate and determinate sentences.
    15    2. Period of  post-release  supervision  for  other  than  felony  sex
    16  offenses.  The  period  of  post-release  supervision  for a determinate
    17  sentence, other than a determinate sentence imposed  for  a  felony  sex
    18  offense  as defined in paragraph (a) of subdivision one of section 70.80
    19  of this article, shall [be] not exceed five years except that:
    20    (a) such period shall [be] not exceed one year whenever a  determinate
    21  sentence  of  imprisonment  is  imposed  pursuant  to subdivision two of
    22  section 70.70 of this article or subdivision nine of  section  60.12  of
    23  this title upon a conviction of a class D or class E felony offense;
    24    (b)  such  period  shall be not [less than one year nor] more than two
    25  years whenever a determinate sentence of imprisonment is imposed  pursu-
    26  ant  to  subdivision two of section 70.70 of this article or subdivision
    27  nine of section 60.12 of this title upon a conviction of a  class  B  or
    28  class C felony offense;
    29    (c)  such  period  shall be not [less than one year nor] more than two
    30  years whenever a determinate sentence of imprisonment is imposed  pursu-
    31  ant  to [subdivision three or four of section 70.70 of this article upon
    32  conviction of a class D or class E felony offense or] subdivision ten of
    33  section 60.12 of this title;
    34    (d) such period shall be not [less than one and  one-half  years  nor]
    35  more than three years whenever a determinate sentence of imprisonment is
    36  imposed  pursuant to [subdivision three or four of section 70.70 of this
    37  article upon conviction of a class B felony or class  C  felony  offense
    38  or] subdivision eleven of section 60.12 of this title;
    39    (e)  such  period  shall be not [less than one and one-half years nor]
    40  more than three years whenever a determinate sentence of imprisonment is
    41  imposed pursuant to subdivision [three] two of  section  70.02  of  this
    42  article  or subdivision two or eight of section 60.12 of this title upon
    43  a conviction of a class D or class E violent felony offense or  subdivi-
    44  sion four, five, six, or seven of section 60.12 of this title;
    45    (f)  such  period  shall be not [less than two and one-half years nor]
    46  more than five years whenever a determinate sentence of imprisonment  is
    47  imposed  pursuant  to  subdivision  [three] two of section 70.02 of this
    48  article or subdivision two or eight of section 60.12 of this title  upon
    49  a conviction of a class B or class C violent felony offense.
    50    2-a.  Periods of post-release supervision for felony sex offenses. The
    51  period of post-release supervision for a  determinate  sentence  imposed
    52  for  a felony sex offense as defined in paragraph (a) of subdivision one
    53  of section 70.80 of this article shall be as follows:
    54    (a) not [less than three years nor] more than  ten  years  whenever  a
    55  determinate  sentence of imprisonment is imposed pursuant to subdivision
        A. 1297                            14

     1  four of section 70.80 of this article upon a conviction of a class D  or
     2  class E felony sex offense;
     3    (b)  not [less than five years nor] more than fifteen years whenever a
     4  determinate sentence of imprisonment is imposed pursuant to  subdivision
     5  four  of  section  70.80  of this article upon a conviction of a class C
     6  felony sex offense;
     7    (c) not [less than five years nor] more than twenty years  whenever  a
     8  determinate  sentence of imprisonment is imposed pursuant to subdivision
     9  four of section 70.80 of this article upon a conviction  of  a  class  B
    10  felony sex offense;
    11    (d)  not  [less  than  three years nor] more than ten years whenever a
    12  determinate sentence is imposed pursuant to subdivision [three]  two  of
    13  section  70.02 of this article upon a conviction of a class D or class E
    14  violent felony sex offense as defined in paragraph  (b)  of  subdivision
    15  one of section 70.80 of this article;
    16    (e)  not [less than five years nor] more than fifteen years whenever a
    17  determinate sentence is imposed pursuant to subdivision [three]  two  of
    18  section  70.02  of  this  article upon a conviction of a class C violent
    19  felony sex offense as defined in section 70.80 of this article;
    20    (f) not [less than five years nor] more than twenty years  whenever  a
    21  determinate  sentence  is imposed pursuant to subdivision [three] two of
    22  section 70.02 of this article upon a conviction of  a  class  B  violent
    23  felony sex offense as defined in section 70.80 of this article;
    24    (g)  not [less than five years nor] more than fifteen years whenever a
    25  determinate sentence of imprisonment  is  imposed  pursuant  to  [either
    26  section  70.04,  section 70.06, or subdivision five of] section 70.80 of
    27  this article upon a conviction of a class D or class E violent  or  non-
    28  violent felony sex offense as defined in section 70.80 of this article;
    29    (h)  not [less than seven years nor] more than twenty years whenever a
    30  determinate sentence of imprisonment  is  imposed  pursuant  to  [either
    31  section  70.04,  section 70.06, or subdivision five of] section 70.80 of
    32  this article upon a conviction of a class C violent or non-violent felo-
    33  ny sex offense as defined in section 70.80 of this article; and
    34    (i) such period shall be not [less than ten years nor] more than twen-
    35  ty-five years whenever a determinate sentence of imprisonment is imposed
    36  pursuant to [either section 70.04, section 70.06,  or  subdivision  five
    37  of] section 70.80 of this article upon a conviction of a class B violent
    38  or  non-violent  felony  sex offense as defined in section 70.80 of this
    39  article[; and
    40    (j) such period shall be not less than ten years nor more than  twenty
    41  years  whenever  any  determinate  sentence  of  imprisonment is imposed
    42  pursuant to subdivision four of section 70.07 of this article].
    43    3. Conditions of post-release supervision. The board of  parole  shall
    44  establish  and impose conditions of post-release supervision in the same
    45  manner and to the same extent as it may establish and impose  conditions
    46  in accordance with the executive law upon persons who are granted parole
    47  or  conditional  release[;  provided  that,  notwithstanding  any  other
    48  provision of law, the board of parole may impose as a condition of post-
    49  release supervision that for a period not  exceeding  six  months  imme-
    50  diately  following  release from the underlying term of imprisonment the
    51  person be transferred to and participate in the programs of  a  residen-
    52  tial  treatment  facility  as that term is defined in subdivision six of
    53  section two of the correction law]. Upon  release  from  the  underlying
    54  term  of  imprisonment,  the  person  shall  be furnished with a written
    55  statement setting forth the conditions of  post-release  supervision  in
    56  sufficient detail to provide for the person's conduct and supervision.
        A. 1297                            15

     1    § 20. Subdivisions 1 and 2 of section 70.70 of the penal law, as added
     2  by  chapter  738 of the laws of 2004, paragraphs (a) and (b) of subdivi-
     3  sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter
     4  92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision
     5  2  as  amended by section 21 and paragraph (d) of subdivision 2 as added
     6  by section 23 of part AAA of chapter 56 of the laws of 2009, are amended
     7  to read as follows:
     8    1. For the purposes of this section, [the following terms shall mean:
     9    (a) "Felony] "felony drug  offender"  means  a  defendant  who  stands
    10  convicted  of  any  felony, defined in article two hundred twenty or two
    11  hundred twenty-two of this chapter other than a class A felony.
    12    [(b) "Second felony drug offender" means a second felony  offender  as
    13  that  term  is defined in subdivision one of section 70.06 of this arti-
    14  cle, who stands convicted of any felony, defined in article two  hundred
    15  twenty  or  two  hundred twenty-two of this chapter other than a class A
    16  felony.
    17    (c) "Violent felony" shall have the  same  meaning  as  that  term  is
    18  defined in subdivision one of section 70.02 of this article.]
    19    2.  [Except  as provided in subdivision three or four of this section,
    20  a] (a) Term of sentence. The term of sentence [of  imprisonment]  for  a
    21  felony drug offender shall be fixed by the court. The court may impose a
    22  definite  sentence of imprisonment and fix a term of less than one year.
    23  If a court finds that a sentence of imprisonment of more than  one  year
    24  is  the  minimum  term of imprisonment necessary to achieve the goals of
    25  sentencing, the court shall impose a determinate sentence as provided in
    26  paragraph [(a)] (b) of this subdivision.
    27    [(a)] (b) Term of determinate sentence. [Except as provided  in  para-
    28  graph (b) or (c) of this subdivision, the court shall impose a] A deter-
    29  minate term of imprisonment [upon a felony drug offender which] shall be
    30  imposed  by  the  court in whole or half years, which shall include as a
    31  part thereof a period of post-release  supervision  in  accordance  with
    32  section  70.45 of this article. The terms of imprisonment authorized for
    33  such determinate sentences are as follows:
    34    (i) for a class B felony, the term shall [be at  least  one  year  and
    35  shall]  not  exceed  nine  years[, except that for the class B felony of
    36  criminal sale of a controlled substance in or  near  school  grounds  as
    37  defined  in  subdivision  two  of section 220.44 of this chapter or on a
    38  school bus as defined in subdivision seventeen of section 220.00 of this
    39  chapter or criminal sale of a controlled substance to a child as defined
    40  in section 220.48 of this chapter, the term shall be at least two  years
    41  and shall not exceed nine years];
    42    (ii)  for  a  class C felony, the term shall [be at least one year and
    43  shall] not exceed five and one-half years;
    44    (iii) for a class D felony, the term shall [be at least one  year  and
    45  shall] not exceed two and one-half years; and
    46    (iv)  for  a  class E felony, the term shall [be at least one year and
    47  shall] not exceed one and one-half years.
    48    [(b) Probation. Notwithstanding any other provision of law, the  court
    49  may  sentence  a  defendant  convicted of a class B, class C, class D or
    50  class E felony offense defined in article  two  hundred  twenty  or  two
    51  hundred  twenty-two  of this chapter to probation in accordance with the
    52  provisions of sections 60.04 and 65.00 of this chapter.
    53    (c) Alternative definite sentence for class B, class C, class  D,  and
    54  class  E felonies. If the court, having regard to the nature and circum-
    55  stances of the crime and to the history and character of the  defendant,
    56  is  of the opinion that a sentence of imprisonment is necessary but that
        A. 1297                            16

     1  it would be unduly harsh to impose a determinate sentence upon a  person
     2  convicted  of  a  class  C, class D or class E felony offense defined in
     3  article two hundred twenty or two hundred twenty-two of this chapter, or
     4  a  class B felony defined in article two hundred twenty of this chapter,
     5  other than the class B felony defined in section 220.48 of this chapter,
     6  as added by a chapter of the laws of two thousand  nine  the  court  may
     7  impose a definite sentence of imprisonment and fix a term of one year or
     8  less.
     9    (d)  The  court  may  direct  that a determinate sentence imposed on a
    10  defendant convicted of a class B felony, other than the class  B  felony
    11  defined  in section 220.48 of this chapter, pursuant to this subdivision
    12  be executed as a sentence  of  parole  supervision  in  accordance  with
    13  section 410.91 of the criminal procedure law.]
    14    §  21.  Subdivisions  3  and  4  of section 70.70 of the penal law are
    15  REPEALED.
    16    § 22. Section 70.71 of the penal law, as added by chapter 738  of  the
    17  laws  of 2004, paragraph (a) of subdivision 2 as amended and subdivision
    18  5 as added by section 26 of part AAA of chapter 56 of the laws of  2009,
    19  is amended to read as follows:
    20  § 70.71 Sentence of imprisonment for a class A felony drug offender.
    21    1. For the purposes of this section, the following terms shall mean:
    22    (a)  "Felony  drug offender" means a defendant who stands convicted of
    23  any class A felony as defined in article  two  hundred  twenty  of  this
    24  chapter.
    25    (b)  ["Second  felony drug offender" means a second felony offender as
    26  that term is defined in subdivision one of section 70.06 of  this  arti-
    27  cle,  who  stands  convicted  of  and is to be sentenced for any class A
    28  felony as defined in article two hundred twenty of this chapter.
    29    (c)] "Violent felony offense" shall have the same meaning as that term
    30  is defined in subdivision one of section 70.02 of this article.
    31    2. Sentence of imprisonment for a first felony drug offender.
    32    (a) Applicability. Except as provided in subdivision three[,  four  or
    33  five]  of  this  section,  this  subdivision  shall  apply  to  a person
    34  convicted of a class A felony as defined in article two  hundred  twenty
    35  of this chapter.
    36    (b)  Authorized  sentence.  The term of sentence shall be fixed by the
    37  court.  The court may impose a definite sentence of imprisonment and fix
    38  a term of less than one year. If a court finds that a sentence of impri-
    39  sonment is the minimum term of imprisonment  necessary  to  achieve  the
    40  goals of sentencing, the court shall impose a determinate term of impri-
    41  sonment  which  shall be imposed by the court in whole or half years and
    42  which shall include as a part thereof a period  of  post-release  super-
    43  vision  in  accordance  with  section  70.45  of this article. The terms
    44  authorized for such determinate sentences are as follows:
    45    (i) for a class A-I felony, the term shall [be at  least  eight  years
    46  and shall] not exceed twenty years;
    47    (ii)  for a class A-II felony, the term shall [be at least three years
    48  and shall] not exceed ten years.
    49    [(c) Lifetime probation. Notwithstanding any other provision  of  law,
    50  the  court  may  sentence  a  defendant convicted of a class A-II felony
    51  defined in article two  hundred  twenty  of  this  chapter  to  lifetime
    52  probation  in  accordance  with  the provisions of section 65.00 of this
    53  chapter.]
    54    3. [Sentence of imprisonment for a second felony drug offender.
        A. 1297                            17

     1    (a) Applicability. This subdivision shall apply  to  a  second  felony
     2  drug  offender  whose  prior  felony  conviction  or convictions did not
     3  include one or more violent felony offenses.
     4    (b)  Authorized  sentence.  When  the  court has found pursuant to the
     5  provisions of section 400.21  of  the  criminal  procedure  law  that  a
     6  defendant  is  a  second  felony drug offender who stands convicted of a
     7  class A felony as defined in article two hundred twenty or  two  hundred
     8  twenty-one  of  this  chapter,  the  court  shall  impose  a determinate
     9  sentence of imprisonment. Such determinate sentence shall include  as  a
    10  part  thereof  a  period  of post-release supervision in accordance with
    11  section 70.45 of  this  article.  Such  determinate  sentence  shall  be
    12  imposed by the court in whole or half years as follows:
    13    (i)  for  a  class A-I felony, the term shall be at least twelve years
    14  and shall not exceed twenty-four years;
    15    (ii) for a class A-II felony, the term shall be at least six years and
    16  shall not exceed fourteen years.
    17    (c) Lifetime probation. Notwithstanding any other  provision  of  law,
    18  the  court  may  sentence  a  defendant convicted of a class A-II felony
    19  defined in article two  hundred  twenty  of  this  chapter  to  lifetime
    20  probation  in  accordance  with  the provisions of section 65.00 of this
    21  chapter.
    22    4. Sentence of imprisonment for a second felony drug  offender  previ-
    23  ously convicted of a violent felony offense.
    24    (a)  Applicability.  This  subdivision  shall apply to a second felony
    25  drug offender whose prior felony conviction was a violent felony.
    26    (b) Authorized sentence. When the court  has  found  pursuant  to  the
    27  provisions  of  section  400.21  of  the  criminal  procedure law that a
    28  defendant is a second felony drug offender whose prior felony conviction
    29  was a violent felony, who stands  convicted  of  a  class  A  felony  as
    30  defined  in article two hundred twenty or two hundred twenty-one of this
    31  chapter, the court shall impose a determinate sentence of  imprisonment.
    32  Such  determinate  sentence  shall include as a part thereof a period of
    33  post-release supervision in accordance with section 70.45 of this  arti-
    34  cle. Such determinate sentence shall be imposed by the court in whole or
    35  half years as follows:
    36    (i)  for  a class A-I felony, the term shall be at least fifteen years
    37  and shall not exceed thirty years;
    38    (ii) for a class A-II felony, the term shall be at least  eight  years
    39  and shall not exceed seventeen years.
    40    5.] Sentence of imprisonment for operating as a major trafficker.
    41    (a)  Applicability. This subdivision shall apply to a person convicted
    42  of the class A-I felony of operating as a major trafficker as defined in
    43  section 220.77 of this chapter.
    44    (b) Authorized sentence. [Except as provided in paragraph (c) of  this
    45  subdivision, the] The term of sentence shall be fixed by the court.  The
    46  court  may  impose a definite sentence of imprisonment and fix a term of
    47  less than one year. If a court finds that a sentence of imprisonment  is
    48  the  minimum  term  of  imprisonment  necessary  to achieve the goals of
    49  sentencing, the court shall impose an indeterminate term of imprisonment
    50  for an A-I felony, in accordance with the provisions of section 70.00 of
    51  this article.
    52    [(c) Alternative determinate sentence. If a defendant stands convicted
    53  of violating section 220.77 of this chapter, and if  the  court,  having
    54  regard  to the nature and circumstances of the crime and the history and
    55  character of the defendant, is of the opinion that a sentence of  impri-
    56  sonment  is  necessary  but  that it would be unduly harsh to impose the
        A. 1297                            18

     1  indeterminate sentence for a class A-I felony  specified  under  section
     2  70.00  of  this  article,  the  court may instead impose the determinate
     3  sentence of imprisonment authorized by clause (i) of subparagraph (b) of
     4  subdivision  two  of  this  section for a class A-I drug felony; in such
     5  case, the reasons for the court's opinion shall  be  set  forth  on  the
     6  record.]
     7    §  23.  Section  70.80  of the penal law, as added by chapter 7 of the
     8  laws of 2007, paragraph (a) of subdivision 1 as amended by  chapter  368
     9  of the laws of 2015, is amended to read as follows:
    10  § 70.80 Sentences  of  imprisonment  for  conviction  of  a  felony  sex
    11            offense.
    12    1. Definitions. (a) For the purposes of this section,  a  "felony  sex
    13  offense" means a conviction of any felony defined in article one hundred
    14  thirty  of  this  chapter,  including  a  sexually  motivated felony, or
    15  patronizing a person for prostitution in the first degree as defined  in
    16  section 230.06 of this chapter, patronizing a person for prostitution in
    17  the  second  degree as defined in section 230.05 of this chapter, aggra-
    18  vated patronizing a minor  for  prostitution  in  the  third  degree  as
    19  defined  in  section  230.11  of  this chapter, aggravated patronizing a
    20  minor for prostitution in the second degree as defined in section 230.12
    21  of this chapter, aggravated patronizing a minor for prostitution in  the
    22  first degree as defined in section 230.13 of this chapter, incest in the
    23  second degree as defined in section 255.26 of this chapter, or incest in
    24  the  first  degree  as  defined  in section 255.27 of this chapter, or a
    25  felony attempt or conspiracy to commit any of the above.
    26    (b) A felony sex  offense  shall  be  deemed  a  "violent  felony  sex
    27  offense"  if it is for an offense defined as a violent felony offense in
    28  section 70.02 of this article, or for a  sexually  motivated  felony  as
    29  defined in section 130.91 of this chapter where the specified offense is
    30  a violent felony offense as defined in section 70.02 of this article.
    31    (c)  [For the purposes of this section, a "predicate felony sex offen-
    32  der" means a person who stands convicted of any felony  sex  offense  as
    33  defined  in  paragraph  (a)  of this subdivision, other than a class A-I
    34  felony, after having previously been subjected to one or more  predicate
    35  felony  convictions  as  defined  in subdivision one of section 70.06 or
    36  subdivision one of section 70.04 of this article.
    37    (d)] For purposes of this section, a "violent felony offense"  is  any
    38  felony  defined in subdivision one of section 70.02 of this article, and
    39  a "non-violent felony offense" is any felony not defined therein.
    40    2. In imposing a sentence within the authorized  statutory  range  for
    41  any  felony sex offense, the court may consider all relevant factors set
    42  forth in section 1.05 of this chapter, and in particular,  may  consider
    43  the  defendant's  criminal history, if any, including any history of sex
    44  offenses; any mental  illness  or  mental  abnormality  from  which  the
    45  defendant  may  suffer;  the defendant's ability or inability to control
    46  [his] their sexual  behavior;  and,  if  the  defendant  has  difficulty
    47  controlling  such behavior, the extent to which that difficulty may pose
    48  a threat to society.
    49    3. Except as provided by subdivision four, five, six[,] or  seven  [or
    50  eight]  of  this  section,  or when a defendant is being sentenced for a
    51  conviction of the class A-II felonies of predatory  sexual  assault  and
    52  predatory  sexual  assault against a child as defined in sections 130.95
    53  and 130.96 of this chapter, or for  any  class  A-I  sexually  motivated
    54  felony  for  which  a  life  sentence  or a life without parole sentence
    55  [must] may be imposed, a sentence imposed upon a defendant convicted  of
    56  a  felony sex offense shall be fixed by the court.  The court may impose
        A. 1297                            19

     1  a definite sentence of imprisonment and fix a  term  of  less  than  one
     2  year.    If a court finds that a sentence of imprisonment is the minimum
     3  term of imprisonment necessary to achieve the goals of  sentencing,  the
     4  court  shall  impose  a  determinate  sentence. The determinate sentence
     5  shall be imposed by the court in whole or half years, and shall  include
     6  as  a  part  thereof  a period of post-release supervision in accordance
     7  with subdivision two-a of section 70.45 of this article. [Persons eligi-
     8  ble for sentencing under section 70.07 of this article governing  second
     9  child  sexual assault felonies shall be sentenced under such section and
    10  paragraph (j) of subdivision two-a of section 70.45 of this article.]
    11    4. [(a)] Sentences of imprisonment for felony sex offenses. Except  as
    12  provided  in  subdivision  five,  six[,]  or  seven[,  or eight] of this
    13  section, the term of the determinate sentence must be fixed by the court
    14  as follows:
    15    [(i)] (a) for a class B felony, the term must [be at least five  years
    16  and must] not exceed twenty-five years;
    17    [(ii)]  (b) for a class C felony, the term must [be at least three and
    18  one-half years and must] not exceed fifteen years;
    19    [(iii)] (c) for a class D felony, the term must [be at least two years
    20  and must] not exceed seven years; and
    21    [(iv)] (d) for a class E felony, the term must [be at  least  one  and
    22  one-half years and must] not exceed four years.
    23    [(b)  Probation.  The  court  may  sentence a defendant convicted of a
    24  class D or class E felony sex offense to probation  in  accordance  with
    25  the provisions of section 65.00 of this title.
    26    (c)  Alternative definite sentences for class D and class E felony sex
    27  offenses. If the court, having regard to the nature and circumstances of
    28  the crime and to the history and character of the defendant, is  of  the
    29  opinion  that  a sentence of imprisonment is necessary but that it would
    30  be unduly harsh to impose a determinate sentence upon a person convicted
    31  of a class D or class E felony sex offense, the court may impose a defi-
    32  nite sentence of imprisonment and fix a term of one year or less.
    33    5. Sentence of imprisonment for a predicate felony sex  offender.  (a)
    34  Applicability.  This  subdivision  shall apply to a predicate felony sex
    35  offender who stands convicted of a non-violent felony  sex  offense  and
    36  who was previously convicted of one or more felonies.
    37    (b)  Non-violent  predicate  felony offense. When the court has found,
    38  pursuant to the provisions of the criminal procedure law, that a  person
    39  is   a  predicate  felony  sex  offender,  and  the  person's  predicate
    40  conviction was for a non-violent felony offense, the court must impose a
    41  determinate sentence of imprisonment, the term of which must be fixed by
    42  the court as follows:
    43    (i) for a class B felony, the term must be at least  eight  years  and
    44  must not exceed twenty-five years;
    45    (ii)  for  a  class C felony, the term must be at least five years and
    46  must not exceed fifteen years;
    47    (iii) for a class D felony, the term must be at least three years  and
    48  must not exceed seven years; and
    49    (iv)  for  a  class  E felony, the term must be at least two years and
    50  must not exceed four years.
    51    (c) Violent predicate felony offense. When the court has found, pursu-
    52  ant to the provisions of the criminal procedure law, that a person is  a
    53  predicate felony sex offender, and the person's predicate conviction was
    54  for  a  violent  felony  offense,  the  court  must impose a determinate
    55  sentence of imprisonment, the term of which must be fixed by  the  court
    56  as follows:
        A. 1297                            20

     1    (i)  for  a  class  B felony, the term must be at least nine years and
     2  must not exceed twenty-five years;
     3    (ii)  for  a  class  C felony, the term must be at least six years and
     4  must not exceed fifteen years;
     5    (iii) for a class D felony, the term must be at least four  years  and
     6  must not exceed seven years; and
     7    (iv)  for a class E felony, the term must be at least two and one-half
     8  years and must not exceed four years.
     9    (d) A defendant who stands  convicted  of  a  non-violent  felony  sex
    10  offense, other than a class A-I or class A-II felony, who is adjudicated
    11  a  persistent felony offender under section 70.10 of this article, shall
    12  be sentenced pursuant to the provisions of section 70.10 or pursuant  to
    13  this subdivision.
    14    6.]  5.  Sentence  of  imprisonment  for a violent felony sex offense.
    15  Except as provided in subdivisions six and seven  [and  eight]  of  this
    16  section,  a  defendant  who  stands  convicted  of  a violent felony sex
    17  offense must be sentenced pursuant to the provisions of section  70.02[,
    18  section  70.04,  subdivision  six  of  section  70.06, section 70.08, or
    19  section 70.10] of this article, as applicable.
    20    [7.] 6. Sentence for a class A  felony  sex  offense.  When  a  person
    21  stands  convicted  of  a  sexually  motivated felony pursuant to section
    22  130.91 of this chapter and the specified offense is a  class  A  felony,
    23  the  court must sentence the defendant in accordance with the provisions
    24  of:
    25    (a) section 60.06 of this [chapter] title and section  70.00  of  this
    26  article, as applicable, if such offense is a class A-I felony; and
    27    (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if
    28  such offense is a class A-II felony.
    29    [8.]  7. Whenever a juvenile offender stands convicted of a felony sex
    30  offense, [he or she] they must be sentenced pursuant to  the  provisions
    31  of sections 60.10 and 70.05 of this [chapter] title.
    32    [9.]  8.  Every  determinate  sentence  for  a  felony sex offense, as
    33  defined in paragraph (a) of subdivision one  of  this  section,  imposed
    34  pursuant to any section of this article, shall include as a part thereof
    35  a  period  of  post-release  supervision  in accordance with subdivision
    36  two-a of section 70.45 of this article.
    37    § 24. Paragraph (b) of subdivision 3 of section  60.01  of  the  penal
    38  law,  as  amended by chapter 548 of the laws of 1984, is amended to read
    39  as follows:
    40    (b) A fine authorized by article eighty[, provided, however, that when
    41  the conviction is of a class B felony or of any felony defined in  arti-
    42  cle two hundred twenty, the sentence shall not consist solely of a fine]
    43  of this title; or
    44    §  25.  Subdivision 2 of section 60.02 of the penal law, as amended by
    45  chapter 471 of the laws of 1980, is amended to read as follows:
    46    (2) If the sentence is to be imposed upon a youthful offender  finding
    47  which  has  been  substituted for a conviction for any felony, the court
    48  must impose a sentence authorized to be imposed upon a person  convicted
    49  of a class E felony [provided, however, that the court must not impose a
    50  sentence  of  conditional  discharge  or  unconditional discharge if the
    51  youthful offender finding was substituted for a conviction of  a  felony
    52  defined in article two hundred twenty of this chapter].
    53    §  26.  Section 60.04 of the penal law, as added by chapter 738 of the
    54  laws of 2004, subdivisions 3 and 5 as amended by section 17 of part  AAA
    55  of  chapter  56 of the laws of 2009, subdivision 6 as amended by section
    56  120 of subpart B of part C of chapter 62 of the laws of 2011 and  subdi-
        A. 1297                            21

     1  vision  7  as  amended by chapter 322 of the laws of 2021, is amended to
     2  read as follows:
     3  § 60.04 Authorized  disposition;  controlled  substances  [and marihuana
     4             felony] offenses.
     5    1. Applicability. Notwithstanding the  provisions  of  any  law,  this
     6  section  shall govern the dispositions authorized when a person is to be
     7  sentenced upon a conviction of a felony offense defined in  article  two
     8  hundred  twenty  [or  two hundred twenty-one] of this chapter [or when a
     9  person is to be sentenced upon a conviction of such a felony as a multi-
    10  ple felony offender as defined in subdivision five of this section].
    11    2. Class A felony. Every person convicted of a class A felony must  be
    12  sentenced  [to  imprisonment]  in  accordance with section 70.71 of this
    13  title[, unless such person is convicted of a class A-II  felony  and  is
    14  sentenced to probation for life in accordance with section 65.00 of this
    15  title].
    16    3.  Class  B felonies. Every person convicted of a class B felony must
    17  be  sentenced  [to  imprisonment]  in  accordance  with  the  applicable
    18  provisions  of  section  70.70  of this [chapter, a definite sentence of
    19  imprisonment with a term of one year or less or probation in  accordance
    20  with section 65.00 of this chapter provided, however, a person convicted
    21  of  criminal  sale  of  a  controlled substance to a child as defined in
    22  section 220.48 of this  chapter  must  be  sentenced  to  a  determinate
    23  sentence of imprisonment in accordance with the applicable provisions of
    24  section  70.70  of this chapter or to a sentence of probation in accord-
    25  ance with the opening paragraph of paragraph (b) of subdivision  one  of
    26  section 65.00 of this chapter] title.
    27    4.  Alternative  sentence.  [Where  a  sentence  of  imprisonment or a
    28  sentence of probation as an alternative to imprisonment is not  required
    29  to  be  imposed  pursuant  to  subdivision  two,  three  or five of this
    30  section, the court may impose any other sentence authorized  by  section
    31  60.01  of  this article, provided that when the court imposes a sentence
    32  of imprisonment, such sentence must be in accordance with section  70.70
    33  of  this  title.]  Where the court imposes a sentence of imprisonment in
    34  accordance with this section, the court may also impose a  fine  author-
    35  ized by article eighty of this title and in such case the sentence shall
    36  be both imprisonment and a fine.
    37    5.  [Multiple  felony  offender.  Where  the  court imposes a sentence
    38  pursuant to subdivision three of section 70.70 of this  chapter  upon  a
    39  second  felony drug offender, as defined in paragraph (b) of subdivision
    40  one of section 70.70 of this chapter, it must sentence such offender  to
    41  imprisonment  in  accordance  with  the applicable provisions of section
    42  70.70 of this chapter, a definite sentence of imprisonment with  a  term
    43  of  one  year  or less, or probation in accordance with section 65.00 of
    44  this chapter, provided, however, that where the court imposes a sentence
    45  upon a class B second felony drug offender, it must sentence such offen-
    46  der to a determinate sentence of imprisonment  in  accordance  with  the
    47  applicable  provisions of section 70.70 of this chapter or to a sentence
    48  of probation in accordance with the opening paragraph of  paragraph  (b)
    49  of  subdivision  one  of  section  65.00 of this chapter. When the court
    50  imposes sentence on a second felony drug offender pursuant  to  subdivi-
    51  sion four of section 70.70 of this chapter, it must impose a determinate
    52  sentence of imprisonment in accordance with such subdivision.
    53    6.]  Substance  abuse  treatment. When the court imposes a sentence of
    54  imprisonment which requires a commitment  to  the  state  department  of
    55  corrections   and  community  supervision  [upon  a  person  who  stands
    56  convicted of a controlled substance or  marihuana  offense],  the  court
        A. 1297                            22

     1  may,  upon  motion  of  the  defendant in its discretion, issue an order
     2  directing that the department of corrections and  community  supervision
     3  enroll  the  defendant  in the comprehensive alcohol and substance abuse
     4  treatment  program  in an alcohol and substance abuse correctional annex
     5  as defined in subdivision eighteen of section two of the correction law,
     6  provided that the  defendant  will  satisfy  the  statutory  eligibility
     7  criteria  for participation in such program. Notwithstanding the forego-
     8  ing provisions of this subdivision, any defendant to be enrolled in such
     9  program pursuant to this subdivision shall be governed by the same rules
    10  and regulations promulgated by the department of corrections and  commu-
    11  nity  supervision,  including  without  limitation those rules and regu-
    12  lations establishing requirements for completion  and  those  rules  and
    13  regulations  governing  discipline and removal from the program. No such
    14  period of court ordered corrections based drug abuse treatment  pursuant
    15  to  this  subdivision shall be required to extend beyond the defendant's
    16  conditional release date.
    17    [7.] 6. a. Shock incarceration participation. When the court imposes a
    18  sentence of imprisonment which requires a commitment to  the  department
    19  of  corrections  and  community  supervision  upon  a person [who stands
    20  convicted of a controlled substance or marihuana offense],  upon  motion
    21  of  the  defendant,  the  court  may  issue  an order directing that the
    22  department of corrections and community supervision enroll the defendant
    23  in the shock incarceration program as defined in article twenty-six-A of
    24  the correction law, provided that the defendant is an eligible incarcer-
    25  ated individual, as  described  in  subdivision  one  of  section  eight
    26  hundred  sixty-five of the correction law. Notwithstanding the foregoing
    27  provisions of this subdivision, any defendant to  be  enrolled  in  such
    28  program pursuant to this subdivision shall be governed by the same rules
    29  and  regulations promulgated by the department of corrections and commu-
    30  nity supervision, including without limitation  those  rules  and  regu-
    31  lations  establishing  requirements  for  completion  and such rules and
    32  regulations governing discipline and removal from the program.
    33    b. (i) In the event that  an  incarcerated  individual  designated  by
    34  court order for enrollment in the shock incarceration program requires a
    35  degree  of medical care or mental health care that cannot be provided at
    36  a shock incarceration facility, the department, in writing, shall notify
    37  the incarcerated individual, provide a proposal  describing  a  proposed
    38  alternative-to-shock-incarceration  program, and notify [him or her that
    39  he or she] them that they may object in writing  to  placement  in  such
    40  alternative-to-shock-incarceration program. If the incarcerated individ-
    41  ual  objects  in  writing  to  placement  in  such alternative-to-shock-
    42  incarceration program,  the  department  of  corrections  and  community
    43  supervision  shall notify the sentencing court, provide such proposal to
    44  the court, and arrange for the incarcerated individual's prompt  appear-
    45  ance  before  the court. The court shall provide the proposal and notice
    46  of a court appearance to the people, the incarcerated individual and the
    47  appropriate defense attorney. After considering  the  proposal  and  any
    48  submissions  by  the parties, and after a reasonable opportunity for the
    49  people, the incarcerated individual and counsel to be heard,  the  court
    50  may   modify  its  sentencing  order  accordingly,  notwithstanding  the
    51  provisions of section 430.10 of the criminal procedure law.
    52    (ii) An incarcerated individual who successfully completes an alterna-
    53  tive-to-shock-incarceration program within the department of corrections
    54  and community supervision shall be treated  in  the  same  manner  as  a
    55  person  who  has successfully completed the shock incarceration program,
        A. 1297                            23

     1  as set forth in subdivision four of section eight hundred sixty-seven of
     2  the correction law.
     3    § 27. Section 60.05 of the penal law, as amended by chapter 410 of the
     4  laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended
     5  by  chapter 738 of the laws of 2004, subdivision 1 as amended by chapter
     6  7 of the laws of 2007, subdivision 5 as amended by chapter  405  of  the
     7  laws  of 2010 and subdivision 8 as amended by chapter 486 of the laws of
     8  2022, is amended to read as follows:
     9  § 60.05 Authorized dispositions; other class A, B, certain C and D felo-
    10            nies [and multiple felony offenders].
    11    1. Applicability. Except as provided in section 60.04 of this  article
    12  governing  the  authorized  dispositions  applicable  to felony offenses
    13  defined in article two hundred twenty [or  two  hundred  twenty-one]  of
    14  this  chapter  or in section 60.13 of this article governing the author-
    15  ized dispositions applicable to felony sex offenses defined in paragraph
    16  (a) of subdivision one of section 70.80  of  this  title,  this  section
    17  shall  govern  the  dispositions  authorized  when  a  person  is  to be
    18  sentenced upon a conviction of a class A felony, a class B felony  or  a
    19  class  C,  class D or class E felony specified [herein, or when a person
    20  is to be sentenced upon a conviction of a felony as  a  multiple  felony
    21  offender] in this section.
    22    2.  Class A felony. [Except as provided in subdivisions three and four
    23  of section 70.06 of this chapter, every] Every  person  convicted  of  a
    24  class  A  felony  must be sentenced [to imprisonment] in accordance with
    25  section 70.00 of this title[, unless such person is convicted of  murder
    26  in the first degree and is sentenced in accordance with section 60.06 of
    27  this article].
    28    3.  Class  B  felony.  [Except  as provided in subdivision six of this
    29  section, every] Every person convicted  of  a  class  B  violent  felony
    30  offense  as  defined  in subdivision one of section 70.02 of this title,
    31  must be sentenced [to imprisonment]  in  accordance  with  such  section
    32  [70.02];  and[,  except as provided in subdivision six of this section,]
    33  every person convicted of any other class B felony must be sentenced [to
    34  imprisonment] in accordance with section 70.00 of this title.
    35    4. Certain class C felonies. [Except as provided in  subdivision  six,
    36  every]  Every  person  convicted  of a class C violent felony offense as
    37  defined in subdivision one of section  70.02  of  this  title,  must  be
    38  sentenced  [to  imprisonment]  in  accordance with section 70.02 of this
    39  title[; and, except as provided in  subdivision  six  of  this  section,
    40  every person convicted of the class C felonies of: attempt to commit any
    41  of  the  class  B  felonies of bribery in the first degree as defined in
    42  section 200.04, bribe receiving  in  the  first  degree  as  defined  in
    43  section  200.12,  conspiracy  in the second degree as defined in section
    44  105.15 and criminal mischief in the first degree as defined  in  section
    45  145.12; criminal usury in the first degree as defined in section 190.42,
    46  rewarding  official misconduct in the first degree as defined in section
    47  200.22, receiving reward for official misconduct in the first degree  as
    48  defined  in section 200.27, attempt to promote prostitution in the first
    49  degree as defined in  section  230.32,  promoting  prostitution  in  the
    50  second degree as defined in section 230.30, arson in the third degree as
    51  defined  in  section 150.10 of this chapter, must be sentenced to impri-
    52  sonment in accordance with section 70.00 of this title].
    53    5. Certain class D felonies. [Except as provided in subdivision six of
    54  this section, every] Every person convicted of the class D  felonies  of
    55  assault in the second degree as defined in section 120.05, strangulation
    56  in the second degree as defined in section 121.12 or attempt to commit a
        A. 1297                            24

     1  class  C  felony  as  defined in section 230.30 of this chapter, must be
     2  sentenced in accordance with section 70.00 or 85.00 of this title.
     3    6.  [Multiple  felony offender. When the court imposes sentence upon a
     4  second violent felony offender, as defined in section 70.04, or a second
     5  felony offender, as defined in section 70.06, the court  must  impose  a
     6  sentence  of  imprisonment in accordance with section 70.04 or 70.06, as
     7  the case may be, unless it imposes a sentence of imprisonment in accord-
     8  ance with section 70.08 or 70.10.
     9    7.] Fines. Where the court  imposes  a  sentence  of  imprisonment  in
    10  accordance  with  this section, the court also may impose a fine author-
    11  ized by article eighty of this title and in such case the sentence shall
    12  be both imprisonment and a fine.
    13    [8.] 7. Shock incarceration participation. (a) When the court  imposes
    14  a  determinate  sentence of imprisonment pursuant to subdivision [three]
    15  two of section 70.02 of this  [chapter]  title  or  subdivision  six  of
    16  section 70.06 of this [chapter upon a person who stands convicted either
    17  of  burglary  in  the  second  degree  as  defined in subdivision two of
    18  section 140.25 of this chapter  or  robbery  in  the  second  degree  as
    19  defined  in  subdivision  one  of  section 160.10 of this chapter, or an
    20  attempt thereof] title, upon motion of  the  defendant,  the  court  may
    21  issue an order directing that the department of corrections and communi-
    22  ty  supervision  enroll the defendant in the shock incarceration program
    23  as defined in article twenty-six-A of the correction law, provided  that
    24  the  defendant  is  an eligible incarcerated individual, as described in
    25  subdivision one of section eight hundred sixty-five  of  the  correction
    26  law.  Notwithstanding  the foregoing provisions of this subdivision, any
    27  defendant to be enrolled in such program pursuant  to  this  subdivision
    28  shall  be  governed by the same rules and regulations promulgated by the
    29  department of corrections and community supervision,  including  without
    30  limitation  those  rules  and  regulations establishing requirements for
    31  completion and such  rules  and  regulations  governing  discipline  and
    32  removal from the program.
    33    (b)  Paragraph b of subdivision seven of section 60.04 of this article
    34  shall apply in the event an incarcerated individual designated by  court
    35  order  for  enrollment  in  the  shock  incarceration program requires a
    36  degree of medical care or mental health care that cannot be provided  at
    37  a shock incarceration facility.
    38    §  28.  Paragraph  (ii) of subdivision b of section 60.09 of the penal
    39  law, as added by chapter 410 of the laws of 1979, is amended to read  as
    40  follows:
    41    (ii)  if  the  conviction  was  for a class A-II offense the court may
    42  impose a new minimum term which shall  be  [no  less  than  three  years
    43  imprisonment and] no more than eight and one-third years;
    44    § 29. Section 60.10 of the penal law, as amended by chapter 411 of the
    45  laws of 1979, is amended to read as follows:
    46  § 60.10 Authorized disposition; juvenile offender.
    47    1.  When  a juvenile offender is convicted of a crime, the court shall
    48  sentence the defendant [to  imprisonment]  in  accordance  with  section
    49  70.05  of  this  title  or  sentence [him] them upon a youthful offender
    50  finding in accordance with section 60.02 of this [chapter] article.
    51    2. Subdivision one of this section shall apply when sentencing a juve-
    52  nile offender notwithstanding the provisions of any other law that deals
    53  with the authorized sentence for persons who are not juvenile offenders.
    54  [Provided, however, that the limitation prescribed by this section shall
    55  not be deemed or construed to bar use of  a  conviction  of  a  juvenile
    56  offender,  other  than  a  juvenile  offender who has been adjudicated a
        A. 1297                            25

     1  youthful offender pursuant to section 720.20 of the  criminal  procedure
     2  law,  as  a  previous  or predicate felony offender under section 70.04,
     3  70.06, 70.08 or 70.10, when sentencing a person  who  commits  a  felony
     4  after he has reached the age of sixteen.]
     5    §  30. Section 60.12 of the penal law, as amended by chapter 31 of the
     6  laws of 2019, subdivision 1 as amended by section 1 of part WW of  chap-
     7  ter 55 of the laws of 2019, is amended to read as follows:
     8  § 60.12 Authorized  disposition; alternative sentence; domestic violence
     9            cases.
    10    1. Notwithstanding any other provision of law, where a court is impos-
    11  ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06]  or
    12  subdivision two or three of section 70.71 of this title, [other than for
    13  an  offense  defined  in  section  125.26,  125.27,  subdivision five of
    14  section 125.25, or article 490 of this chapter, or for an offense  which
    15  would  require  such  person  to  register as a sex offender pursuant to
    16  article six-C of the correction law, an attempt or conspiracy to  commit
    17  any  such offense,] and is authorized [or required] pursuant to sections
    18  70.00, 70.02[, 70.06] or subdivision two or three of  section  70.71  of
    19  this  title  to  impose  a  sentence  of imprisonment, the court, upon a
    20  determination following a hearing that (a) at the time  of  the  instant
    21  offense,  the  defendant  was a victim of domestic violence subjected to
    22  substantial physical, sexual  or  psychological  abuse  inflicted  by  a
    23  member  of the same family or household as the defendant as such term is
    24  defined in subdivision one of section 530.11 of the  criminal  procedure
    25  law; (b) such abuse was a significant contributing factor to the defend-
    26  ant's  criminal  behavior;  (c) having regard for the nature and circum-
    27  stances of the crime and the history, character  and  condition  of  the
    28  defendant,  that  a  sentence of imprisonment pursuant to section 70.00,
    29  70.02[, 70.06] or subdivision two or three  of  section  70.71  of  this
    30  title  would be unduly harsh may instead impose a sentence in accordance
    31  with this section.
    32    A court may  determine  that  such  abuse  constitutes  a  significant
    33  contributing  factor  pursuant  to  paragraph  (b)  of  this subdivision
    34  regardless of whether the defendant raised a defense pursuant to article
    35  thirty-five, article forty, or subdivision one of section 125.25 of this
    36  chapter.
    37    At the hearing to determine whether the defendant should be  sentenced
    38  pursuant  to  this  section,  the  court shall consider oral and written
    39  arguments, take testimony from witnesses offered by  either  party,  and
    40  consider relevant evidence to assist in making its determination.  Reli-
    41  able hearsay shall be admissible at such hearings.
    42    2.  Where  a  court  would  otherwise be required to impose a sentence
    43  pursuant to section 70.02 of this title, the court may impose a definite
    44  sentence of imprisonment of less than one year [or less],  or  probation
    45  in accordance with the provisions of section 65.00 of this title, or may
    46  fix a determinate term of imprisonment as follows:
    47    (a)  For a class B felony, the term must be at least one year and must
    48  not exceed five years;
    49    (b) For a class C felony, the term must be at least one year and  must
    50  not exceed three and one-half years;
    51    (c)  For a class D felony, the term must be at least one year and must
    52  not exceed two years; and
    53    (d) For a class E felony, the term must  be  one  year  and  must  not
    54  exceed one and one-half years.
    55    3.  Where a court would otherwise be required to impose a sentence for
    56  a class A felony offense pursuant to section 70.00 of  this  title,  the
        A. 1297                            26

     1  court  may  fix  a  determinate  term  of imprisonment of at least [five
     2  years] one year and not to exceed fifteen years, or  impose  a  definite
     3  sentence  of imprisonment of less than one year, or probation in accord-
     4  ance with the provisions of section 65.00 of this title.
     5    4.  Where a court would otherwise be required to impose a sentence for
     6  a class A felony offense pursuant to subparagraph (i) of  paragraph  (b)
     7  of  subdivision  two of section 70.71 of this title, the court may fix a
     8  determinate term of imprisonment of at least [five years] one  year  and
     9  not to exceed eight years, or impose a definite sentence of imprisonment
    10  of less than one year, or probation in accordance with the provisions of
    11  section 65.00 of this title.
    12    5.  Where a court would otherwise be required to impose a sentence for
    13  a class A felony offense pursuant to subparagraph (i) of  paragraph  (b)
    14  of subdivision three of section 70.71 of this title, the court may fix a
    15  determinate  term  of imprisonment of at least [five years] one year and
    16  not to exceed twelve years, or impose a definite sentence  of  imprison-
    17  ment  of  less  than  one  year,  or  probation  in  accordance with the
    18  provisions of section 65.00 of this title.
    19    6. Where a court would otherwise be required to impose a sentence  for
    20  a  class A felony offense pursuant to subparagraph (ii) of paragraph (b)
    21  of subdivision two of section 70.71 of this title, the court may  fix  a
    22  determinate  term of imprisonment of at least one year and not to exceed
    23  three years, or impose a definite sentence of imprisonment of less  than
    24  one  year,  or  probation  in  accordance with the provisions of section
    25  65.00 of this title.
    26    7. Where a court would otherwise be required to impose a sentence  for
    27  a  class A felony offense pursuant to subparagraph (ii) of paragraph (b)
    28  of subdivision three of section 70.71 of this title, the court may fix a
    29  determinate term of imprisonment of at least [three years] one year  and
    30  not  to  exceed six years, or impose a definite sentence of imprisonment
    31  of less than one year, or probation in accordance with the provisions of
    32  section 65.00 of this title.
    33    [8. Where a court would otherwise be required  to  impose  a  sentence
    34  pursuant  to  subdivision  six of section 70.06 of this title, the court
    35  may fix a term of imprisonment as follows:
    36    (a) For a class B felony, the term must be at least  three  years  and
    37  must not exceed eight years;
    38    (b)  For  a class C felony, the term must be at least two and one-half
    39  years and must not exceed five years;
    40    (c) For a class D felony, the term must be at least two years and must
    41  not exceed three years;
    42    (d) For a class E felony, the term must be at least one  and  one-half
    43  years and must not exceed two years.
    44    9.  Where a court would otherwise be required to impose a sentence for
    45  a class B, C, D or E felony offense pursuant to section  70.00  of  this
    46  title, the court may impose a sentence in accordance with the provisions
    47  of subdivision two of section 70.70 of this title.
    48    10.  Except  as provided in subdivision seven of this section, where a
    49  court would otherwise be required  to  impose  a  sentence  pursuant  to
    50  subdivision three of section 70.06 of this title, the court may impose a
    51  sentence  in  accordance  with  the  provisions  of subdivision three of
    52  section 70.70 of this title.
    53    11. Where a court would otherwise be required  to  impose  a  sentence
    54  pursuant  to subdivision three of section 70.06 of this title, where the
    55  prior felony conviction was for a  felony  offense  defined  in  section
        A. 1297                            27

     1  70.02  of this title, the court may impose a sentence in accordance with
     2  the provisions of subdivision four of section 70.70 of this title.]
     3    §  31. Section 65.00 of the penal law, subdivisions 1 and 2 as amended
     4  by chapter 835 of the laws of 1974, the opening paragraph  of  paragraph
     5  (a)  of subdivision 1 as amended by chapter 738 of the laws of 2004, the
     6  opening paragraph of paragraph  (b)  of  subdivision  1  as  amended  by
     7  section  19  and  subparagraph (ii) of paragraph (a) of subdivision 3 as
     8  amended by section 20 of part AAA of chapter 56 of the laws of 2009, the
     9  closing paragraph of subdivision 1 as amended by chapter 3 of  the  laws
    10  of  1995,  subdivision  3 as amended by chapter 264 of the laws of 2003,
    11  subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and
    12  paragraph (d) of subdivision 3 as amended by chapter 556 of the laws  of
    13  2013,  paragraph  (c)  of subdivision 3 as amended by chapter 568 of the
    14  laws of 2004, the closing paragraph of subdivision 3 as amended by chap-
    15  ter 320 of the laws of 2006, subdivision 4 as amended by chapter  17  of
    16  the  laws  of  2014,  and subdivision 5 as amended by chapter 264 of the
    17  laws of 2003 and as renumbered by chapter 556 of the laws  of  2013,  is
    18  amended to read as follows:
    19  § 65.00 Sentence of probation.
    20    1.  [Criteria.  (a)  Except  as otherwise required by section 60.04 or
    21  60.05 of this title, and except as provided by paragraph (b) hereof, the
    22  court may sentence a person to a period of probation upon conviction  of
    23  any crime if the court, having regard to the nature and circumstances of
    24  the  crime and to the history, character and condition of the defendant,
    25  is of the opinion that:
    26    (i) Institutional confinement for the term authorized by  law  of  the
    27  defendant is or may not be necessary for the protection of the public;
    28    (ii)  the  defendant is in need of guidance, training or other assist-
    29  ance which,  in  his  case,  can  be  effectively  administered  through
    30  probation supervision; and
    31    (iii) such disposition is not inconsistent with the ends of justice.
    32    (b) The court, with the concurrence of either the administrative judge
    33  of the court or of the judicial district within which the court is situ-
    34  ated or such administrative judge as the presiding justice of the appro-
    35  priate  appellate  division  shall designate, may sentence a person to a
    36  period of probation upon conviction of a class A-II  felony  defined  in
    37  article two hundred twenty, the class B felony defined in section 220.48
    38  of  this  chapter  or  any  other  class B felony defined in article two
    39  hundred twenty of this chapter where the person is a second felony  drug
    40  offender as defined in paragraph (b) of subdivision one of section 70.70
    41  of  this  chapter, if the prosecutor either orally on the record or in a
    42  writing filed with the indictment recommends  that  the  court  sentence
    43  such  person  to  a period of probation upon the ground that such person
    44  has or is providing material assistance in the investigation,  apprehen-
    45  sion  or  prosecution  of any person for a felony defined in article two
    46  hundred twenty or the attempt or the conspiracy to commit any such felo-
    47  ny, and if the court, having regard to the nature and  circumstances  of
    48  the  crime  and to the history, character and condition of the defendant
    49  is of the opinion that:
    50    (i) Institutional confinement of the defendant is  not  necessary  for
    51  the protection of the public;
    52    (ii)  The  defendant is in need of guidance, training or other assist-
    53  ance which,  in  his  case,  can  be  effectively  administered  through
    54  probation supervision;
    55    (iii)  The  defendant  has  or is providing material assistance in the
    56  investigation, apprehension or prosecution of  a  person  for  a  felony
        A. 1297                            28

     1  defined  in  article  two hundred twenty or the attempt or conspiracy to
     2  commit any such felony; and
     3    (iv) Such disposition is not inconsistent with the ends of justice.
     4    Provided,  however,  that  the  court  shall not, except to the extent
     5  authorized by paragraph (d) of subdivision two of section 60.01 of  this
     6  chapter, impose a sentence of probation in any case where it sentences a
     7  defendant for more than one crime and imposes a sentence of imprisonment
     8  for  any  one  of  the  crimes,  or where the defendant is subject to an
     9  undischarged indeterminate or determinate sentence of imprisonment which
    10  was imposed at a previous time by a court of this  state  and  has  more
    11  than one year to run.
    12    2.]  Sentence. When a person is sentenced to a period of probation the
    13  court shall, except to the extent authorized by paragraph (d) of  subdi-
    14  vision  two  of section 60.01 of this chapter, impose the period author-
    15  ized by subdivision [three] two of this section and  shall  specify,  in
    16  accordance  with  section 65.10, the conditions to be complied with. The
    17  court may modify or enlarge the conditions or, if the defendant  commits
    18  an  additional  offense  or violates a condition, revoke the sentence at
    19  any time prior to  the  expiration  or  termination  of  the  period  of
    20  probation.
    21    [3.]  2.  Periods of probation. Unless terminated sooner in accordance
    22  with the criminal procedure law, the period of  probation  shall  be  as
    23  follows:
    24    (a)  (i) For a felony, other than a class A-II felony defined in arti-
    25  cle two hundred twenty of this chapter or the class B felony defined  in
    26  section  220.48 of this chapter, [or any other class B felony defined in
    27  article two hundred twenty of this chapter committed by a second  felony
    28  drug offender,] or a sexual assault, the period of probation shall [be a
    29  term of three, four or] not exceed five years;
    30    (ii) For a class A-II felony drug offender as defined in paragraph (a)
    31  of  subdivision  one  of  section 70.71 of this chapter [as described in
    32  paragraph (b) of subdivision one of this section, or a  class  B  felony
    33  committed by a second felony drug offender described in paragraph (b) of
    34  subdivision one of this section, the], any period of probation [shall be
    35  life]  may be imposed and for a class B felony defined in section 220.48
    36  of this chapter, the period of probation shall [be] not  exceed  twenty-
    37  five years;
    38    (iii)  For a felony sexual assault, the period of probation shall [be]
    39  not exceed ten years.
    40    (b) (i) For a class A misdemeanor, other than a  sexual  assault,  the
    41  period  of  probation  shall  [be]  not  exceed a term of [two or] three
    42  years;
    43    (ii) For a class A misdemeanor sexual assault, the period of probation
    44  shall [be] not exceed six years.
    45    (c) For a class B misdemeanor, the period of probation shall [be]  not
    46  exceed  one  year, except the period of probation shall [be no less than
    47  one year and no more than] not exceed three years for the class B misde-
    48  meanor of public lewdness as defined in section 245.00 of this chapter;
    49    (d) For an unclassified misdemeanor, the  period  of  probation  shall
    50  [be]  not  exceed  a  term  of  [two  or]  three years if the authorized
    51  sentence of imprisonment is in excess of  three  months,  otherwise  the
    52  period of probation shall [be] not exceed one year.
    53    For  the  purposes of this section, the term "sexual assault" means an
    54  offense defined in article one hundred  thirty  or  two  hundred  sixty-
    55  three,  or  in  section  255.25, 255.26 or 255.27 of this chapter, or an
    56  attempt to commit any of the foregoing offenses.
        A. 1297                            29

     1    [4.] 3. If during the periods of probation referenced in  subparagraph
     2  (i)  of  paragraph  (a), subparagraph (i) of paragraph (b) and paragraph
     3  (d) of subdivision [three] two of this section an alleged  violation  is
     4  sustained following a hearing pursuant to section 410.70 of the criminal
     5  procedure  law  and  the  court  continues or modifies the sentence, the
     6  court may extend the remaining period of probation  up  to  the  maximum
     7  term  authorized  by  this section. Provided, however, a defendant shall
     8  receive credit for the time during which  [he  or  she  was]  they  were
     9  supervised  under  the original probation sentence prior to any declara-
    10  tion of delinquency and for any time spent in custody pursuant  to  this
    11  article for an alleged violation of probation.
    12    [5.]  4.  In  any  case  where a court pursuant to its authority under
    13  subdivision four of section 60.01 of this chapter revokes probation  and
    14  sentences  such  person  to  imprisonment  and probation, as provided in
    15  paragraph (d) of subdivision two of section 60.01 of this  chapter,  the
    16  period  of  probation  shall  be  the  remaining  period of the original
    17  probation sentence or one year whichever is greater.
    18    § 32. Section 65.05 of the penal law, subdivision 1 as added by  chap-
    19  ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi-
    20  sion  2  as amended by chapter 742 of the laws of 1981 and subdivision 3
    21  as amended by chapter 618 of the laws of 1992, is  amended  to  read  as
    22  follows:
    23  § 65.05 Sentence of conditional discharge.
    24    1.  [Criteria.  (a) Except as otherwise required by section 60.05, the
    25  court may impose a sentence of conditional discharge for an  offense  if
    26  the  court, having regard to the nature and circumstances of the offense
    27  and to the history, character and condition of the defendant, is of  the
    28  opinion  that  neither the public interest nor the ends of justice would
    29  be served by a sentence of imprisonment and that  probation  supervision
    30  is not appropriate.
    31    (b)  When a sentence of conditional discharge is imposed for a felony,
    32  the court shall set forth in the record the reasons for its action.
    33    2.] Sentence. Except to the extent  authorized  by  paragraph  (d)  of
    34  subdivision two of section 60.01 of this [chapter] title, when the court
    35  imposes  a  sentence  of  conditional  discharge  the defendant shall be
    36  released with respect to  the  conviction  for  which  the  sentence  is
    37  imposed  without  imprisonment  or  probation  supervision  but subject,
    38  during the period of conditional discharge, to such  conditions  as  the
    39  court  may  determine.  The court shall impose the period of conditional
    40  discharge authorized by subdivision [three]  two  of  this  section  and
    41  shall  specify,  in  accordance  with section 65.10 of this article, the
    42  conditions to be complied with.  If a defendant is sentenced pursuant to
    43  paragraph (e) of subdivision two of  section  65.10  of  this  [chapter]
    44  article,  the  court  shall  require the administrator of the program to
    45  provide written notice to the court of any violation of program  partic-
    46  ipation by the defendant. The court may modify or enlarge the conditions
    47  or,  if the defendant commits an additional offense or violates a condi-
    48  tion, revoke the sentence at any time prior to the expiration or  termi-
    49  nation of the period of conditional discharge.
    50    [3.]  2. Periods of conditional discharge. Unless terminated sooner in
    51  accordance with the criminal procedure law, the  period  of  conditional
    52  discharge shall be as follows:
    53    (a) [Three] Up to three years in the case of a felony; and
    54    (b) [One] Up to one year in the case of a misdemeanor or a violation.
    55    Where the court has required, as a condition of the sentence, that the
    56  defendant  make  restitution of the fruits of [his or her] their offense
        A. 1297                            30

     1  or make reparation for the loss caused thereby and  such  condition  has
     2  not  been  satisfied,  the court, at any time prior to the expiration or
     3  termination of the period of conditional discharge, may impose an  addi-
     4  tional period. The length of the additional period shall be fixed by the
     5  court  at  the  time it is imposed and shall not be more than two years.
     6  All of the incidents of the original sentence, including  the  authority
     7  of  the  court  to  modify  or enlarge the conditions, shall continue to
     8  apply during such additional period.
     9    § 33. Section 65.20 of the penal law is amended to read as follows:
    10  § 65.20 Sentence of unconditional discharge.
    11    [1. Criteria.  The  court  may  impose  a  sentence  of  unconditional
    12  discharge  in  any  case  where it is authorized to impose a sentence of
    13  conditional discharge under section 65.05 if the court is of the opinion
    14  that no proper purpose would be served by imposing  any  condition  upon
    15  the defendant's release.
    16    When  a  sentence  of unconditional discharge is imposed for a felony,
    17  the court shall set forth in the record the reasons for its action.
    18    2. Sentence.] When the  court  imposes  a  sentence  of  unconditional
    19  discharge,   the  defendant  shall  be  released  with  respect  to  the
    20  conviction for which the sentence is imposed without imprisonment,  fine
    21  or  probation  supervision. A sentence of unconditional discharge is for
    22  all purposes a final judgment of conviction.
    23    § 34. Subdivision 2 of section 85.00 of the penal  law,  as  added  by
    24  chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277
    25  of the laws of 1973, is amended to read as follows:
    26    2.  Authorization for use of sentence. The court may impose a sentence
    27  of intermittent imprisonment in any case where:
    28    (a) [the court is imposing sentence, upon a person other than a second
    29  or persistent felony offender, for a class D or class E  felony  or  for
    30  any offense that is not a felony; and
    31    (b)] the court is not imposing any other sentence of imprisonment upon
    32  the defendant at the same time; and
    33    [(c)]  (b)  the defendant is not under any other sentence of imprison-
    34  ment with a term in excess of fifteen days imposed by any other  court[;
    35  and].
    36    §  35.  Subdivisions  3,  4  and 5 of section 485.10 of the penal law,
    37  subdivisions 3 and 4 as added by chapter 107 of the  laws  of  2000  and
    38  subdivision 5 as amended by chapter 624 of the laws of 2022, are amended
    39  to read as follows:
    40    3.  [Notwithstanding  any  other  provision  of  law, when a person is
    41  convicted of a hate crime pursuant to this  article  and  the  specified
    42  offense is a class B felony:
    43    (a)  the  maximum  term of the indeterminate sentence must be at least
    44  six years if the defendant is sentenced pursuant  to  section  70.00  of
    45  this chapter;
    46    (b)  the term of the determinate sentence must be at least eight years
    47  if the defendant is sentenced pursuant to section 70.02 of this chapter;
    48    (c) the term of the determinate sentence must be at least twelve years
    49  if the defendant is sentenced pursuant to section 70.04 of this chapter;
    50    (d) the maximum term of the indeterminate sentence must  be  at  least
    51  four  years  if  the defendant is sentenced pursuant to section 70.05 of
    52  this chapter; and
    53    (e) the maximum term of the indeterminate sentence or the term of  the
    54  determinate  sentence  must  be  at  least ten years if the defendant is
    55  sentenced pursuant to section 70.06 of this chapter.
        A. 1297                            31

     1    4. Notwithstanding any other  provision  of  law,  when  a  person  is
     2  convicted  of  a  hate  crime pursuant to this article and the specified
     3  offense is a class A-1 felony, the minimum period of  the  indeterminate
     4  sentence shall be not less than twenty years.
     5    5.] In addition to any of the dispositions authorized by this chapter,
     6  the  court  shall  require as part of the sentence imposed upon a person
     7  convicted of a hate crime pursuant to this article, that  the  defendant
     8  complete  a  program, training session or counseling session directed at
     9  hate crime prevention and education, where  the  court  determines  such
    10  program,  training  session or counseling session is appropriate, avail-
    11  able and was developed or authorized by the court or local  agencies  in
    12  cooperation with organizations serving the affected community.
    13    §  36.  Paragraph  (d) of subdivision 2 of section 490.25 of the penal
    14  law is REPEALED.
    15    § 37. Sections 220.35, 400.15, 400.16, 400.19, 400.20  and  400.21  of
    16  the criminal procedure law are REPEALED.
    17    §  38. Subdivision 6 of section 2 of the correction law, as amended by
    18  chapter 476 of the laws of 1970, is amended to read as follows:
    19    6. "Residential treatment facility". A correctional facility  consist-
    20  ing  of a community based residence in or near a community where employ-
    21  ment, educational and training opportunities are readily  available  for
    22  persons  who  [are on parole or conditional release and for persons who]
    23  are or who will soon be eligible for release on  parole  who  intend  to
    24  reside in or near that community when released.
    25    § 39. Subdivision 10 of section 73 of the correction law is REPEALED.
    26    §  40.  Subdivision 1 of section 865 of the correction law, as amended
    27  by chapter 322 of the laws of 2021, is amended to read as follows:
    28    1. "Eligible incarcerated individual" means a person sentenced  to  an
    29  indeterminate  term of imprisonment who will become eligible for release
    30  on parole within three years or  sentenced  to  a  determinate  term  of
    31  imprisonment  who  will  become  eligible for conditional release within
    32  three years[, who has not reached the age of fifty years,  who  has  not
    33  previously  been  convicted  of  a  violent felony as defined in article
    34  seventy of the penal law, or a felony in any  other  jurisdiction  which
    35  includes  all of the essential elements of any such violent felony, upon
    36  which an indeterminate or determinate term of imprisonment  was  imposed
    37  and  who  was between the ages of sixteen and fifty years at the time of
    38  commission of the crime upon which  his  or  her  present  sentence  was
    39  based.  Notwithstanding the foregoing, no person who is convicted of any
    40  of the following crimes shall be deemed eligible to participate in  this
    41  program:  (a)  a violent felony offense as defined in article seventy of
    42  the penal law; provided, however, that a  person  who  is  convicted  of
    43  burglary  in  the second degree as defined in subdivision two of section
    44  140.25 of the penal law, or robbery in the second degree as  defined  in
    45  subdivision one of section 160.10 of the penal law, or an attempt there-
    46  of, is eligible to participate, (b) an A-I felony offense, (c) any homi-
    47  cide  offense as defined in article one hundred twenty-five of the penal
    48  law, (d) any felony sex offense as defined in article one hundred thirty
    49  of the penal law and (e) any escape or absconding offense as defined  in
    50  article two hundred five of the penal law].
    51    §  41.  Section  220.10  of  the criminal procedure law, as amended by
    52  chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410
    53  of the laws of 1979, subparagraph (i) of paragraph (a) of subdivision  5
    54  as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi-
    55  sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of
    56  paragraph  (d) of subdivision 5 as amended by chapter 189 of the laws of
        A. 1297                            32

     1  2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws
     2  of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended
     3  by chapter 23 of the laws of 2024, the second undesignated paragraph  of
     4  paragraph  (g) of subdivision 5 as amended by chapter 920 of the laws of
     5  1982, the closing paragraph of paragraph (g) of subdivision 5 as amended
     6  by chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5  as
     7  added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5
     8  as amended by chapter 322 of the laws of 2021 and subdivision 6 as added
     9  by chapter 548 of the laws of 1980, is amended to read as follows:
    10  § 220.10 Plea; kinds of pleas.
    11    The  only  kinds  of  pleas  which may be entered to an indictment are
    12  those specified in this section:
    13    1. The defendant may as a matter of right enter a plea of "not guilty"
    14  to the indictment.
    15    2. [Except as provided in subdivision five, the] The defendant may  as
    16  a matter of right enter a plea of "guilty" to the entire indictment.
    17    3.  [Except  as provided in subdivision five, where] Where the indict-
    18  ment charges but one crime, the defendant may, with  [both]  either  the
    19  permission  of  the  court [and] in furtherance of justice in accordance
    20  with the factors outlined in subdivision one of section 210.40  of  this
    21  part,  or  the  consent  of the people with the permission of the court,
    22  enter a plea of guilty of a lesser included offense.
    23    4. [Except as provided in subdivision five, where] Where  the  indict-
    24  ment charges two or more offenses in separate counts, the defendant may,
    25  with  [both]  either the permission of the court [and] in furtherance of
    26  justice in accordance with the factors outlined in  subdivision  one  of
    27  section  210.40  of  this  part,  or  the consent of the people with the
    28  permission of the court, enter a plea of:
    29    (a) Guilty of one or more but not all of the offenses charged; or
    30    (b) Guilty of a lesser included offense with respect to any or all  of
    31  the offenses charged; or
    32    (c)  Guilty of any combination of offenses charged and lesser offenses
    33  included within other offenses charged.
    34    5. [(a) (i) Where the indictment charges one of the class  A  felonies
    35  defined in article two hundred twenty of the penal law or the attempt to
    36  commit any such class A felony, then any plea of guilty entered pursuant
    37  to  subdivision three or four of this section must be or must include at
    38  least a plea of guilty of a class B felony.
    39    (iii) Where the indictment charges one of the class B felonies defined
    40  in article two hundred twenty of the penal law then any plea  of  guilty
    41  entered pursuant to subdivision three or four must be or must include at
    42  least a plea of guilty of a class D felony.
    43    (b)  Where  the  indictment  charges  any class B felony, other than a
    44  class B felony defined in article two hundred twenty of the penal law or
    45  a class B violent felony  offense  as  defined  in  subdivision  one  of
    46  section 70.02 of the penal law, then any plea of guilty entered pursuant
    47  to  subdivision three or four must be or must include at least a plea of
    48  guilty of a felony.
    49    (c) Where the indictment charges a felony, other than a class A felony
    50  or class B felony defined in article two hundred twenty of the penal law
    51  or class B or class C violent felony offense as defined  in  subdivision
    52  one of section 70.02 of the penal law, and it appears that the defendant
    53  has  previously  been  subjected  to  a  predicate  felony conviction as
    54  defined in penal law section 70.06  then  any  plea  of  guilty  entered
    55  pursuant to subdivision three or four must be or must include at least a
    56  plea of guilty of a felony.
        A. 1297                            33

     1    (d)  Where  the  indictment charges a class A felony, other than those
     2  defined in article two hundred twenty of the penal  law,  or  charges  a
     3  class  B or class C violent felony offense as defined in subdivision one
     4  of section 70.02 of the penal law, then a plea of guilty entered  pursu-
     5  ant to subdivision three or four must be as follows:
     6    (i) Where the indictment charges a class A felony offense or a class B
     7  violent felony offense which is also an armed felony offense then a plea
     8  of  guilty  must  include at least a plea of guilty to a class C violent
     9  felony offense;
    10    (ii) Except as provided in subparagraph (i) of this  paragraph,  where
    11  the  indictment  charges  a  class B violent felony offense or a class C
    12  violent felony offense, then a plea of guilty must include  at  least  a
    13  plea of guilty to a class D violent felony offense;
    14    (iii)  Where the indictment charges the class D violent felony offense
    15  of criminal possession of a weapon in the third  degree  as  defined  in
    16  subdivision  four  of section 265.02 of the penal law, and the defendant
    17  has not been previously convicted of a class A  misdemeanor  defined  in
    18  the penal law in the five years preceding the commission of the offense,
    19  then  a  plea  of  guilty  must  be either to the class E violent felony
    20  offense of attempted criminal possession of a weapon in the third degree
    21  or to the class A misdemeanor of criminal possession of a weapon in  the
    22  fourth  degree  as  defined  in subdivision one of section 265.01 of the
    23  penal law;
    24    (iv) Where the indictment charges the class D violent felony  offenses
    25  of  criminal  possession  of  a weapon in the third degree as defined in
    26  subdivision four of section 265.02 of the penal law and  the  provisions
    27  of  subparagraph  (iii)  of  this paragraph do not apply, or subdivision
    28  five, seven or eight of section 265.02 of the penal law, then a plea  of
    29  guilty must include at least a plea of guilty to a class E violent felo-
    30  ny offense.
    31    (e)  A defendant may not enter a plea of guilty to the crime of murder
    32  in the first degree as defined in  section  125.27  of  the  penal  law;
    33  provided,  however, that a defendant may enter such a plea with both the
    34  permission of the court and the consent of the people  when  the  agreed
    35  upon  sentence  is  either life imprisonment without parole or a term of
    36  imprisonment for the class A-I felony of  murder  in  the  first  degree
    37  other than a sentence of life imprisonment without parole.
    38    (f)  The  provisions  of  this subdivision shall apply irrespective of
    39  whether the defendant is thereby precluded from entering a plea of guil-
    40  ty of any lesser included offense.
    41    (g)] Where the defendant is a juvenile offender,  [the  provisions  of
    42  paragraphs  (a),  (b),  (c)  and (d) of this subdivision shall not apply
    43  and] any plea entered pursuant to subdivision  three  or  four  of  this
    44  section, must be as follows:
    45    [(i)] (a) If the indictment charges a person fourteen or fifteen years
    46  old  with  the  crime  of murder in the second degree any plea of guilty
    47  entered pursuant to subdivision three or four must be a plea  of  guilty
    48  of a crime for which the defendant is criminally responsible;
    49    [(ii)]  (b)  If  the  indictment  does not charge a crime specified in
    50  [subparagraph (i)] paragraph (a) of this [paragraph]  subdivision,  then
    51  any plea of guilty entered pursuant to subdivision three or four of this
    52  section  must  be a plea of guilty of a crime for which the defendant is
    53  criminally responsible unless a plea of guilty is accepted  pursuant  to
    54  [subparagraph (iii)] paragraph (c) of this [paragraph] subdivision;
    55    [(iii)]  (c) Where the indictment does not charge a crime specified in
    56  [subparagraph (i)] paragraph (a) of this  [paragraph]  subdivision,  the
        A. 1297                            34

     1  district  attorney  may  recommend  removal  of the action to the family
     2  court. Upon making  such  recommendation  the  district  attorney  shall
     3  submit a subscribed memorandum setting forth: [(1)] (i) a recommendation
     4  that  the  interests  of  justice would best be served by removal of the
     5  action to the family court; and [(2)] (ii) if the indictment  charges  a
     6  thirteen  year  old  with the crime of murder in the second degree, or a
     7  fourteen or fifteen year old with the crimes of rape in the first degree
     8  as defined in subdivision one of section 130.35 of  the  penal  law,  or
     9  criminal sexual act in the first degree as defined in subdivision one of
    10  section  130.50 of the penal law, or an armed felony as defined in para-
    11  graph (a) of subdivision forty-one  of  section  1.20  of  this  chapter
    12  specific factors, one or more of which reasonably supports the recommen-
    13  dation,  showing,  [(i)] (1) mitigating circumstances that bear directly
    14  upon the manner in which the crime was committed, or  [(ii)]  (2)  where
    15  the  defendant  was  not  the  sole  participant  in the crime, that the
    16  defendant's participation was relatively minor although not so minor  as
    17  to  constitute  a  defense  to  the prosecution, or [(iii)] (3) possible
    18  deficiencies in proof of the crime, or [(iv)]  (4)  where  the  juvenile
    19  offender  has no previous adjudications of having committed a designated
    20  felony act, as defined in subdivision eight  of  section  301.2  of  the
    21  family  court  act, regardless of the age of the offender at the time of
    22  commission of the act, that the criminal act was not part of  a  pattern
    23  of criminal behavior and, in view of the history of the offender, is not
    24  likely to be repeated.
    25    If  the court is of the opinion based on specific factors set forth in
    26  the district attorney's memorandum that the interests of  justice  would
    27  best  be  served by removal of the action to the family court, a plea of
    28  guilty of a crime or act for  which  the  defendant  is  not  criminally
    29  responsible may be entered pursuant to subdivision three or four of this
    30  section,  except  that  a  thirteen  year  old charged with the crime of
    31  murder in the second degree may only plead to a designated  felony  act,
    32  as  defined  in  subdivision  eight of section 301.2 of the family court
    33  act.
    34    Upon accepting any such plea, the court must specify upon  the  record
    35  the  portion  or portions of the district attorney's statement the court
    36  is relying upon as the basis of its opinion and  that  it  believes  the
    37  interests  of  justice would best be served by removal of the proceeding
    38  to the family court. Such plea shall then be deemed  to  be  a  juvenile
    39  delinquency  fact  determination  and  the court upon entry thereof must
    40  direct that the action be removed to the family court in accordance with
    41  the provisions of article seven hundred twenty-five of this chapter.
    42    [(g-1) Where a defendant is an adolescent offender, the provisions  of
    43  paragraphs  (a),  (b), (c) and (d) of this subdivision shall not apply.]
    44  5-a. Where the plea is to an offense  constituting  a  misdemeanor,  the
    45  plea  shall be deemed replaced by an order of fact-finding in a juvenile
    46  delinquency proceeding, pursuant to section 346.1 of  the  family  court
    47  act,  and  the action shall be removed to the family court in accordance
    48  with article seven hundred twenty-five of this chapter. Where  the  plea
    49  is  to an offense constituting a felony, the court may remove the action
    50  to the family court in accordance with section 722.23 and article  seven
    51  hundred twenty-five of this chapter.
    52    [(h) Where the indictment charges the class E felony offense of aggra-
    53  vated harassment of an employee by an incarcerated individual as defined
    54  in  section  240.32 of the penal law, then a plea of guilty must include
    55  at least a plea of guilty to a class E felony.]
        A. 1297                            35

     1    6. The defendant may, with both the permission of the  court  and  the
     2  consent  of  the  people,  enter  a plea of not responsible by reason of
     3  mental disease or defect to the indictment in the manner  prescribed  in
     4  section 220.15 of this chapter.
     5    § 42. Subdivision 3 of section 220.30 of the criminal procedure law is
     6  REPEALED.
     7    §  43.  Section  430.20  of  the  criminal procedure law is amended by
     8  adding a new subdivision 1-a to read as follows:
     9    1-a.  Time calculation. (a) If at the time of sentencing the defendant
    10  is at liberty, and has accrued jail  time  credit  such  that  the  time
    11  accrued may be equal to or exceed the amount of time the defendant would
    12  be  required  to  serve to reach the conditional release date of a defi-
    13  nite, indeterminate, or determinate sentence, or any jail portion  of  a
    14  sentence  of  probation  pursuant  to  the  sentence  or sentences to be
    15  imposed, the court shall proceed to impose sentence but shall not commit
    16  the defendant to custody, or if the defendant is in custody at the  time
    17  of sentencing the court shall, upon the defendant's request, release the
    18  defendant pending further order of the court. The court shall direct the
    19  department of corrections and community supervision, sheriff, or the New
    20  York  city  commissioner  of  corrections to promptly calculate the jail
    21  time credit under section 70.30 of the penal law and determine the  good
    22  time  credit  pursuant  to  section  70.40 of the penal law and sections
    23  eight hundred three and eight hundred four of  the  correction  law  and
    24  certify  such credit to the sentencing court. If the credit so certified
    25  is sufficient to satisfy the conditional release date of the sentence or
    26  sentences imposed by the court,  the  defendant  shall  not  be  further
    27  committed  to  custody pursuant to such sentence or sentences, except as
    28  otherwise expressly provided by law.
    29    (b) Where the defendant is otherwise  subject  to  probation,  parole,
    30  conditional  release  or post-release supervision under the terms of the
    31  court's sentence, the court shall direct the defendant to appear  forth-
    32  with at the office of the department of corrections and community super-
    33  vision  or  a  local  probation department. The terms of such probation,
    34  parole, conditional release or post-release supervision shall be  estab-
    35  lished by the court, the department of  corrections and community super-
    36  vision,  or  the  local  probation department, without commitment of the
    37  defendant.
    38    § 44. This act shall take effect immediately.