Bill Text: NY S06471 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "Marvin Mayfield act", eliminating mandatory minimum sentences.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2024-03-27 - PRINT NUMBER 6471A [S06471 Detail]
Download: New_York-2023-S06471-Introduced.html
Bill Title: Enacts the "Marvin Mayfield act", eliminating mandatory minimum sentences.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2024-03-27 - PRINT NUMBER 6471A [S06471 Detail]
Download: New_York-2023-S06471-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6471 2023-2024 Regular Sessions IN SENATE April 21, 2023 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the criminal procedure law and the correction law, in relation to eliminating mandatory minimums; to amend the sentencing reform act of 1995, in relation to the effective- ness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effectiveness thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to the effectiveness thereof; to amend part E of chapter 62 of the laws of 2003, amending the correction law and other laws relating to various provisions, in relation to the effectiveness thereof; to amend chapter 3 of the laws of 1995, amending the correction law and other laws relating to the incarceration fee, 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. Subdivision 6 of section 1.05 of the penal law, as amended 2 by chapter 98 of the laws of 2006, is amended to read as follows: 3 6. To [insure the public] promote community safety by [preventing the4commission of offenses through the deterrent influence of the sentences5authorized,] supporting the rehabilitation of [those] individuals who 6 have been convicted, [the promotion of] and their successful and produc- 7 tive reentry and reintegration into society[, and their confinement when8required in the interests of public protection] by imposing the minimum 9 sentence necessary to achieve the goals of sentencing outlined above. 10 § 2. Section 380.20 of the criminal procedure law is amended to read 11 as follows: 12 § 380.20 Sentence required. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04611-02-3S. 6471 2 1 1. The court must pronounce sentence in every case where a conviction 2 is entered. If an accusatory instrument contains multiple counts and a 3 conviction is entered on more than one count the court must pronounce 4 sentence on each count. 5 2. When entering a sentence that includes a term of imprisonment, or 6 within seven days thereafter, the court shall issue a written decision 7 explaining its choice of sentence, based on individualized findings, 8 sufficient to facilitate appellate review. A defendant may knowingly and 9 voluntarily waive the right to a written decision. 10 § 3. Paragraph (a) of subdivision 3 of section 390.30 of the criminal 11 procedure law, as added by chapter 14 of the laws of 1985, is amended to 12 read as follows: 13 (a) The report of the pre-sentence investigation must contain an anal- 14 ysis of as much of the information gathered in the investigation as the 15 agency that conducted the investigation deems relevant to the question 16 of sentence. The report must also include any other [imformation] infor- 17 mation that the court directs to be included and the material required 18 by paragraph (b) of this subdivision which shall be considered part of 19 the report. The report shall include an analysis of the actual finan- 20 cial cost of incarceration to the state and/or localities of the poten- 21 tial sentences that may be imposed. 22 § 4. Subdivision 1 and paragraph (a) of subdivision 2 of section 23 390.50 of the criminal procedure law, subdivision 1 as separately 24 amended by chapters 224 and 369 of the laws of 1986 and paragraph (a) of 25 subdivision 2 as amended by chapter 31 of the laws of 2019, are amended 26 to read as follows: 27 1. In general. Any pre-sentence report or memorandum submitted to the 28 court pursuant to this article and any medical, psychiatric or social 29 agency report or other information gathered for the court by a probation 30 department, or submitted directly to the court, in connection with the 31 question of sentence is confidential and may not be made available by 32 any state agency, including the state department of corrections and 33 community supervision, to any person or public or private agency except 34 where specifically required or permitted by statute or upon specific 35 authorization of the court. Section one hundred forty-seven of the 36 correction law shall not be deemed to permit such disclosure. For 37 purposes of this section, any report, memorandum or other information 38 forwarded to a probation department within this state from a probation 39 agency outside this state is governed by the same rules of confidential- 40 ity. Any person, public or private agency receiving such material must 41 retain it under the same conditions of confidentiality as apply to the 42 probation department that made it available. 43 (a) Not less than one court day prior to sentencing, unless such time 44 requirement is waived by the parties, the pre-sentence report or memo- 45 randum shall be made available by the court for examination and for 46 copying and retention by the defendant's attorney, the defendant 47 himself, [if he has no attorney,] and the prosecutor. The defendant 48 shall be given an opportunity to challenge or correct any fact or 49 conclusion in the pre-sentence report or memorandum prior to the court's 50 pronouncement of sentence. In its discretion, the court may except from 51 disclosure a part or parts of the report or memoranda which are not 52 relevant to a proper sentence, or a diagnostic opinion which might seri- 53 ously disrupt a program of rehabilitation, or sources of information 54 which have been obtained on a promise of confidentiality, or any other 55 portion thereof, disclosure of which would not be in the interest of 56 justice. In all cases where a part or parts of the report or memorandaS. 6471 3 1 are not disclosed, the court shall state for the record that a part or 2 parts of the report or memoranda have been excepted and the reasons for 3 its action. The action of the court excepting information from disclo- 4 sure shall be subject to appellate review. The pre-sentence report shall 5 be made available by the court for examination and copying in connection 6 with any appeal in the case, including an appeal under this subdivision. 7 Upon written request, the court shall make a copy of the presentence 8 report, other than a part or parts of the report redacted by the court 9 pursuant to this paragraph, available to the defendant for use before 10 the parole board for release consideration or an appeal of a parole 11 board determination or an application for resentencing pursuant to 12 section 440.46 or 440.47 of this chapter. [In his or her written request13to the court the defendant shall affirm that he or she anticipates an14appearance before the parole board or intends to file an administrative15appeal of a parole board determination or meets the eligibility criteria16for and intends to file a motion for resentencing pursuant to 440.46 of17this chapter or has received notification from the court which received18his or her request to apply for resentencing pursuant to section 440.4719of this chapter confirming that he or she is eligible to submit an20application for resentencing pursuant to section 440.47 of this chap-21ter.] The court shall respond to the defendant's written request within 22 twenty days from receipt of the defendant's written request. 23 § 5. Section 70.00 of the penal law, the section heading as amended by 24 chapter 277 of the laws of 1973, subdivision 1 as amended by chapter 7 25 of the laws of 2007, subdivisions 2, 3 and 4 as amended by chapter 738 26 of the laws of 2004, paragraph (a) of subdivision 3 as amended by chap- 27 ter 107 and paragraph (b) of subdivision 3 as amended by chapter 746 of 28 the laws of 2006, subdivision 5 as amended by section 40-a of part WWW 29 of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap- 30 ter 1 of the laws of 1998, is amended to read as follows: 31 § 70.00 Sentence of imprisonment for felony. 32 1. Indeterminate sentence. Except as provided in subdivisions three 33 and four[, five and six] of this section or section 70.80 of this arti- 34 cle, [a] the term of sentence [of imprisonment] for a felony, other than 35 a felony defined in article two hundred twenty [or two hundred twenty-36one] of this chapter, shall be fixed by the court. If a court finds that 37 sentence of imprisonment of more than one year is the minimum term of 38 imprisonment necessary to achieve the goals of sentencing, the court 39 shall impose an indeterminate sentence. When such a sentence is imposed, 40 the court shall impose a maximum term in accordance with the provisions 41 of subdivision two of this section [and the minimum period of imprison-42ment shall be as provided in subdivision three of this section]. The 43 minimum period shall be fixed by the court and specified in the sentence 44 and shall be not less than one year nor more than one-third of the maxi- 45 mum term imposed, or the court may impose a definite sentence of impri- 46 sonment and fix a term of less than one year. 47 2. Maximum term of sentence. The maximum term of an indeterminate 48 sentence shall be at least three years and the term shall be fixed as 49 follows: 50 (a) For a class A felony, the term shall be life imprisonment; 51 (b) For a class B felony, the term shall be fixed by the court, and 52 shall not exceed twenty-five years; 53 (c) For a class C felony, the term shall be fixed by the court, and 54 shall not exceed fifteen years; 55 (d) For a class D felony, the term shall be fixed by the court, and 56 shall not exceed seven years; andS. 6471 4 1 (e) For a class E felony, the term shall be fixed by the court, and 2 shall not exceed four years. 3 3. [Minimum period of imprisonment. The minimum period of imprisonment4under an indeterminate sentence shall be at least one year and shall be5fixed as follows:6(a) In the case of a class A felony, the minimum period shall be fixed7by the court and specified in the sentence.8(i) For a class A-I felony, such minimum period shall not be less than9fifteen years nor more than twenty-five years; provided, however, that10(A) where a sentence, other than a sentence of death or life imprison-11ment without parole, is imposed upon a defendant convicted of murder in12the first degree as defined in section 125.27 of this chapter such mini-13mum period shall be not less than twenty years nor more than twenty-five14years, and, (B) where a sentence is imposed upon a defendant convicted15of murder in the second degree as defined in subdivision five of section16125.25 of this chapter or convicted of aggravated murder as defined in17section 125.26 of this chapter, the sentence shall be life imprisonment18without parole, and, (C) where a sentence is imposed upon a defendant19convicted of attempted murder in the first degree as defined in article20one hundred ten of this chapter and subparagraph (i), (ii) or (iii) of21paragraph (a) of subdivision one and paragraph (b) of subdivision one of22section 125.27 of this chapter or attempted aggravated murder as defined23in article one hundred ten of this chapter and section 125.26 of this24chapter such minimum period shall be not less than twenty years nor more25than forty years.26(ii) For a class A-II felony, such minimum period shall not be less27than three years nor more than eight years four months, except that for28the class A-II felony of predatory sexual assault as defined in section29130.95 of this chapter or the class A-II felony of predatory sexual30assault against a child as defined in section 130.96 of this chapter,31such minimum period shall be not less than ten years nor more than twen-32ty-five years.33(b) For any other felony, the minimum period shall be fixed by the34court and specified in the sentence and shall be not less than one year35nor more than one-third of the maximum term imposed.364. Alternative definite sentence for class D and E felonies. When a37person, other than a second or persistent felony offender, is sentenced38for a class D or class E felony, and the court, having regard to the39nature and circumstances of the crime and to the history and character40of the defendant, is of the opinion that a sentence of imprisonment is41necessary but that it would be unduly harsh to impose an indeterminate42or determinate sentence, the court may impose a definite sentence of43imprisonment and fix a term of one year or less.445.] Life imprisonment without parole. Notwithstanding any other 45 provision of law, a defendant sentenced to life imprisonment without 46 parole shall not be or become eligible for parole or conditional 47 release. For purposes of commitment and custody, other than parole and 48 conditional release, such sentence shall be deemed to be an indetermi- 49 nate sentence. A defendant may be sentenced to life imprisonment without 50 parole upon conviction for the crime of murder in the first degree as 51 defined in section 125.27 of this chapter and in accordance with the 52 procedures provided by law for imposing a sentence for such crime. A 53 defendant who was eighteen years of age or older at the time of the 54 commission of the crime must be sentenced to life imprisonment without 55 parole upon conviction for the crime of terrorism as defined in section 56 490.25 of this chapter, where the specified offense the defendantS. 6471 5 1 committed is a class A-I felony; the crime of criminal possession of a 2 chemical weapon or biological weapon in the first degree as defined in 3 section 490.45 of this chapter; or the crime of criminal use of a chemi- 4 cal weapon or biological weapon in the first degree as defined in 5 section 490.55 of this chapter; provided, however, that nothing in this 6 subdivision shall preclude or prevent a sentence of death when the 7 defendant is also convicted of the crime of murder in the first degree 8 as defined in section 125.27 of this chapter. A defendant who was seven- 9 teen years of age or younger at the time of the commission of the crime 10 may be sentenced, in accordance with law, to the applicable indetermi- 11 nate sentence with a maximum term of life imprisonment. A defendant must 12 be sentenced to life imprisonment without parole upon conviction for the 13 crime of murder in the second degree as defined in subdivision five of 14 section 125.25 of this chapter or for the crime of aggravated murder as 15 defined in subdivision one of section 125.26 of this chapter. A defend- 16 ant may be sentenced to life imprisonment without parole upon conviction 17 for the crime of aggravated murder as defined in subdivision two of 18 section 125.26 of this chapter. 19 [6.] 4. Determinate sentence. [Except as provided in subdivision four20of this section and subdivisions two and four of section 70.02, when] 21 When a person is sentenced as a violent felony offender pursuant to 22 section 70.02 [or as a second violent felony offender pursuant to23section 70.04 or as a second felony offender on a conviction for a24violent felony offense pursuant to section 70.06] of this article, the 25 sentence shall be fixed by the court. If a court finds that a sentence 26 of imprisonment of more than one year is the minimum term of imprison- 27 ment necessary to achieve the goals of sentencing, the court must impose 28 a determinate sentence of imprisonment in accordance with the provisions 29 of such [sections and such sentence shall include, as a part thereof, a30period of post-release supervision in accordance with section 70.45] 31 section. 32 § 6. Subdivision d of section 74 of chapter 3 of the laws of 1995, 33 enacting the sentencing reform act of 1995, as amended by section 19 of 34 part A of chapter 55 of the laws of 2021, is amended to read as follows: 35 d. Sections one-a [through], one-b, two, four through eight, eleven, 36 twelve, twenty, twenty-four through twenty-eight, thirty through thir- 37 ty-nine, forty-two and forty-four of this act shall be deemed repealed 38 on September 1, 2023; 39 § 7. Subdivisions 2 and 4 of section 70.02 of the penal law are 40 REPEALED and subdivision 3, as amended by chapter 765 of the laws of 41 2005, paragraphs (b) and (c) as amended by chapter 1 of the laws of 42 2013, is amended to read as follows: 43 [3.] 2. Term of sentence. The term [of a determinate sentence] for a 44 violent felony offense must be fixed by the court. The court may impose 45 a definite sentence of imprisonment and fix a term of less than one 46 year. If a court finds that a sentence of imprisonment of more than one 47 year is the minimum term of imprisonment necessary to achieve the goals 48 of sentencing, the court shall impose a determinate sentence as follows: 49 (a) For a class B felony, the term must be at least [five years] one 50 year and must not exceed twenty-five years, provided, however, that the 51 term [must be]: (i) [at least ten years and] must not exceed thirty 52 years where the sentence is for the crime of aggravated assault upon a 53 police officer or peace officer as defined in section 120.11 of this 54 chapter; and (ii) [at least ten years and] must not exceed thirty years 55 where the sentence is for the crime of aggravated manslaughter in the 56 first degree as defined in section 125.22 of this chapter;S. 6471 6 1 (b) For a class C felony, the term must be at least [three and one-2half years] one year and must not exceed fifteen years, provided, howev- 3 er, that the term [must be]: (i) [at least seven years and] must not 4 exceed twenty years where the sentence is for the crime of aggravated 5 manslaughter in the second degree as defined in section 125.21 of this 6 chapter; (ii) [at least seven years and] must not exceed twenty years 7 where the sentence is for the crime of attempted aggravated assault upon 8 a police officer or peace officer as defined in section 120.11 of this 9 chapter; (iii) [at least three and one-half years and] must not exceed 10 twenty years where the sentence is for the crime of aggravated criminal- 11 ly negligent homicide as defined in section 125.11 of this chapter; and 12 (iv) [at least five years and] must not exceed fifteen years where the 13 sentence is imposed for the crime of aggravated criminal possession of a 14 weapon as defined in section 265.19 of this chapter; 15 (c) For a class D felony, the term must be at least [two years] one 16 year and must not exceed seven years, provided, however, that the term 17 [must be]: (i) [at least two years and] must not exceed eight years 18 where the sentence is for the crime of menacing a police officer or 19 peace officer as defined in section 120.18 of this chapter; and (ii) [at20least three and one-half years and] must not exceed seven years where 21 the sentence is imposed for the crime of criminal possession of a weapon 22 in the third degree as defined in subdivision ten of section 265.02 of 23 this chapter; and 24 (d) For a class E felony, the term must be at least one [and one-half25years] year and must not exceed four years. 26 § 8. Sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07, 70.08 and 27 70.10 of the penal law are REPEALED. 28 § 9. Subdivisions 1 and 3 of section 70.05 of the penal law, subdivi- 29 sion 1 as amended by chapter 615 of the laws of 1984, subdivision 3 as 30 added by chapter 481 of the laws of 1978, paragraph (a) of subdivision 3 31 as amended by chapter 174 of the laws of 2003 and paragraph (c) of 32 subdivision 3 as amended by chapter 435 of the laws of 1998, are amended 33 to read as follows: 34 1. Indeterminate sentence. A sentence of imprisonment for a felony 35 committed by a juvenile offender shall be fixed by the court. If a court 36 finds that a sentence of imprisonment of more than one year is the mini- 37 mum term of imprisonment necessary to achieve the goals of sentencing, 38 the court shall impose an indeterminate sentence. When such a sentence 39 is imposed, the court shall impose a maximum term in accordance with the 40 provisions of subdivision two of this section and the minimum period of 41 imprisonment shall be as provided in subdivision three of this section. 42 The court shall further provide that where a juvenile offender is under 43 placement pursuant to article three of the family court act, any 44 sentence imposed pursuant to this section which is to be served consec- 45 utively with such placement shall be served in a facility designated 46 pursuant to subdivision four of section 70.20 of this article prior to 47 service of the placement in any previously designated facility. 48 3. Minimum period of imprisonment. The court may impose a definite 49 sentence of imprisonment and fix a term of less than one year. The mini- 50 mum period of imprisonment under an indeterminate sentence for a juve- 51 nile offender shall be not less than one year nor more than one-third of 52 the maximum term imposed and specified in the sentence as follows: 53 (a) For the class A felony of murder in the second degree, the minimum 54 period of imprisonment shall be fixed by the court and shall [be not55less than five years but shall] not exceed nine years provided, however, 56 that where the sentence is for an offense specified in subdivision oneS. 6471 7 1 or two of section 125.25 of this chapter and the defendant was fourteen 2 or fifteen years old at the time of such offense, the minimum period of 3 imprisonment shall [be not less than seven and one-half years but shall] 4 not exceed fifteen years; 5 (b) For the class A felony of arson in the first degree, or for the 6 class A felony of kidnapping in the first degree, the minimum period of 7 imprisonment shall be fixed by the court and shall [be not less than8four years but shall] not exceed six years; and 9 (c) For a class B, C or D felony, the minimum period of imprisonment 10 shall be fixed by the court at one-third of the maximum term imposed. 11 § 10. Paragraph (c) of subdivision 1-a of section 70.15 of the penal 12 law, as added by section 2 of part OO of chapter 55 of the laws of 2019, 13 is amended to read as follows: 14 (c) Any sentence for a misdemeanor conviction imposed prior to the 15 effective date of this subdivision that is a definite sentence of impri- 16 sonment of one year, or three hundred sixty-five days, shall, by opera- 17 tion of law, be changed to, mean and be interpreted and applied as a 18 sentence of three hundred sixty-four days. In addition to any other 19 right of a person to obtain a record of a proceeding against him or her, 20 [a person so sentenced prior to the effective date of this subdivision21shall be entitled to obtain, from] the criminal court or the clerk ther- 22 eof, shall not issue a certificate of conviction, as described in subdi- 23 vision one of section 60.60 of the criminal procedure law, setting forth 24 [such sentence as the sentence specified in this paragraph] sentences of 25 one year. The criminal court or clerk thereof shall only issue certif- 26 icates of conviction setting forth sentences of three hundred sixty-four 27 days or less. The court shall implement this provision within ninety 28 days of the effective date of the chapter of the laws of two thousand 29 twenty-three that amended this paragraph. 30 § 11. Paragraph (a) of subdivision 1 of section 70.20 of the penal 31 law, as amended by section 124 of subpart B of part C of chapter 62 of 32 the laws of 2011, is amended to read as follows: 33 (a) Indeterminate or determinate sentence. Except as provided in 34 subdivision four of this section, when an indeterminate or determinate 35 sentence of imprisonment is imposed, the court shall commit the defend- 36 ant to the custody of the state department of corrections and community 37 supervision for the term of his or her sentence and until released in 38 accordance with the law[; provided, however, that a defendant sentenced39pursuant to subdivision seven of section 70.06 shall be committed to the40custody of the state department of corrections and community supervision41for immediate delivery to a reception center operated by the depart-42ment]. 43 § 12. Section 70.25 of the penal law, subdivision 1 as amended and 44 subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a) 45 of subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of subdi- 46 vision 5 as amended by chapter 3 of the laws of 1995, subdivision 2 as 47 amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by 48 chapter 495 of the laws of 2009, subdivisions 2-c and 2-d as added by 49 chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122 50 of the laws of 1996, subdivision 2-f as added by chapter 1 of the laws 51 of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and 52 subdivision 4 as added by chapter 782 of the laws of 1975, is amended to 53 read as follows: 54 § 70.25 Concurrent and consecutive terms of imprisonment. 55 1. Except as provided in [subdivisions] subdivision two[, two-a and56five] of this section, when multiple sentences of imprisonment areS. 6471 8 1 imposed on a person at the same time, or when a person who is subject to 2 any undischarged term of imprisonment imposed at a previous time by a 3 court of this state is sentenced to an additional term of imprisonment, 4 the sentence or sentences imposed by the court shall run either concur- 5 rently or consecutively with respect to each other and the undischarged 6 term or terms in such manner as the court directs at the time of 7 sentence. If the court does not specify the manner in which a sentence 8 imposed by it is to run, the sentence shall run as follows: 9 (a) An indeterminate or determinate sentence shall run concurrently 10 with all other terms; and 11 (b) A definite sentence shall run concurrently with [any sentence12imposed at the same time and shall be consecutive to any other term] all 13 other terms. 14 2. When more than one sentence of imprisonment is imposed on a person 15 for two or more offenses committed through a single act or omission, or 16 through an act or omission which in itself constituted one of the 17 offenses and also was a material element of the other, the sentences, 18 except if one or more of such sentences is for a violation of section 19 270.20 of this chapter, must run concurrently. 20 [2-a. When an indeterminate or determinate sentence of imprisonment is21imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10, subdivi-22sion three or four of section 70.70, subdivision three or four of23section 70.71 or subdivision five of section 70.80 of this article, or24is imposed for a class A-I felony pursuant to section 70.00 of this25article, and such person is subject to an undischarged indeterminate or26determinate sentence of imprisonment imposed prior to the date on which27the present crime was committed, the court must impose a sentence to run28consecutively with respect to such undischarged sentence.292-b. When a person is convicted of a violent felony offense committed30after arraignment and while released on recognizance or bail, but31committed prior to the imposition of sentence on a pending felony32charge, and if an indeterminate or determinate sentence of imprisonment33is imposed in each case, such sentences shall run consecutively.34Provided, however, that the court may, in the interest of justice, order35a sentence to run concurrently in a situation where consecutive36sentences are required by this subdivision if it finds either mitigating37circumstances that bear directly upon the manner in which the crime was38committed or, where the defendant was not the sole participant in the39crime, the defendant's participation was relatively minor although not40so minor as to constitute a defense to the prosecution. The defendant41and the district attorney shall have an opportunity to present relevant42information to assist the court in making this determination and the43court may, in its discretion, conduct a hearing with respect to any44issue bearing upon such determination. If the court determines that45consecutive sentences should not be ordered, it shall make a statement46on the record of the facts and circumstances upon which such determi-47nation is based.482-c. When a person is convicted of bail jumping in the second degree49as defined in section 215.56 or bail jumping in the first degree as50defined in section 215.57 committed after arraignment and while released51on recognizance or bail in connection with a pending indictment or52information charging one or more felonies, at least one of which he is53subsequently convicted, and if an indeterminate sentence of imprisonment54is imposed in each case, such sentences shall run consecutively.55Provided, however, that the court may, in the interest of justice, order56a sentence to run concurrently in a situation where consecutiveS. 6471 9 1sentences are required by this subdivision if it finds mitigating2circumstances that bear directly upon the manner in which the crime was3committed. The defendant and the district attorney shall have an oppor-4tunity to present relevant information to assist the court in making5this determination and the court may, in its discretion, conduct a hear-6ing with respect to any issue bearing upon such determination. If the7court determines that consecutive sentences should not be ordered, it8shall make a statement on the record of the facts and circumstances upon9which such determination is based.102-d. When a person is convicted of escape in the second degree as11defined in section 205.10 or escape in the first degree as defined in12section 205.15 committed after issuance of a securing order, as defined13in subdivision five of section 500.10 of the criminal procedure law, in14connection with a pending indictment or information charging one or more15felonies, at least one of which he is subsequently convicted, and if an16indeterminate sentence of imprisonment is imposed in each case, such17sentences shall run consecutively. Provided, however, that the court18may, in the interest of justice, order a sentence to run concurrently in19a situation where consecutive sentences are required by this subdivision20if it finds mitigating circumstances that bear directly upon the manner21in which the crime was committed. The defendant and the district attor-22ney shall have an opportunity to present relevant information to assist23the court in making this determination and the court may, in its24discretion, conduct a hearing with respect to any issue bearing upon25such determination. If the court determines that consecutive sentences26should not be ordered, it shall make a statement on the record of the27facts and circumstances upon which such determination is based.282-e.] 2-a. Whenever a person is convicted of course of sexual conduct 29 against a child in the first degree as defined in section 130.75 or 30 course of sexual conduct against a child in the second degree as defined 31 in section 130.80 and any other crime under article one hundred thirty 32 committed against the same child and within the period charged under 33 section 130.75 or 130.80, the sentences must run concurrently. 34 [2-f.] 2-b. Whenever a person is convicted of facilitating a sex 35 offense with a controlled substance as defined in section 130.90 of this 36 chapter, the sentence imposed by the court for such offense may be 37 ordered to run consecutively to any sentence imposed upon conviction of 38 an offense defined in article one hundred thirty of this chapter arising 39 from the same criminal transaction. 40 [2-g.] 2-c. Whenever a person is convicted of unlawful manufacture of 41 methamphetamine in the third degree as defined in section 220.73 of this 42 chapter, unlawful manufacture of methamphetamine in the second degree as 43 defined in section 220.74 of this chapter, or unlawful manufacture of 44 methamphetamine in the first degree as defined in section 220.75 of this 45 chapter, or any attempt to commit any of such offenses, and such person 46 is also convicted, with respect to such unlawful methamphetamine labora- 47 tory, of unlawful disposal of methamphetamine laboratory material as 48 defined in section 220.76 of this chapter, the sentences must run 49 concurrently. 50 3. Where consecutive definite sentences of imprisonment are not 51 prohibited by subdivision two of this section and are imposed on a 52 person for offenses which were committed as parts of a single incident 53 or transaction, the aggregate of the terms of such sentences shall not 54 exceed one year. 55 4. When a person, who is subject to any undischarged term of imprison- 56 ment imposed at a previous time by a court of another jurisdiction, isS. 6471 10 1 sentenced to an additional term or terms of imprisonment by a court of 2 this state, the sentence or sentences imposed by the court of this 3 state, subject to the provisions of subdivisions one, two and three of 4 this section, shall run either concurrently or consecutively with 5 respect to such undischarged term in such manner as the court directs at 6 the time of sentence. If the court of this state does not specify the 7 manner in which a sentence imposed by it is to run, the sentence or 8 sentences shall run [consecutively] concurrently. 9 [5. (a) Except as provided in paragraph (c) of this subdivision, when10a person is convicted of assault in the second degree, as defined in11subdivision seven of section 120.05 of this chapter, any definite, inde-12terminate or determinate term of imprisonment which may be imposed as a13sentence upon such conviction shall run consecutively to any undisc-14harged term of imprisonment to which the defendant was subject and for15which he was confined at the time of the assault.16(b) Except as provided in paragraph (c) of this subdivision, when a17person is convicted of assault in the second degree, as defined in18subdivision seven of section 120.05 of this chapter, any definite, inde-19terminate or determinate term of imprisonment which may be imposed as a20sentence upon such conviction shall run consecutively to any term of21imprisonment which was previously imposed or which may be prospectively22imposed where the person was confined within a detention facility at the23time of the assault upon a charge which culminated in such sentence of24imprisonment.25(c) Notwithstanding the provisions of paragraphs (a) and (b) of this26subdivision, a term of imprisonment imposed upon a conviction to assault27in the second degree as defined in subdivision seven of section 120.0528of this chapter may run concurrently to any other term of imprisonment,29in the interest of justice, provided the court sets forth in the record30its reasons for imposing a concurrent sentence. Nothing in this section31shall require the imposition of a sentence of imprisonment where it is32not otherwise required by law.] 33 § 13. Paragraphs (a) and (f) of subdivision 1 and the opening para- 34 graph of subdivision 3 of section 70.30 of the penal law, paragraph (a) 35 of subdivision 1 as amended by chapter 3 of the laws of 1995, paragraph 36 (f) of subdivision 1 as added by chapter 481 of the laws of 1978 and as 37 relettered by chapter 3 of the laws of 1995, and the opening paragraph 38 of subdivision 3 as amended by chapter 1 of the laws of 1998, are 39 amended to read as follows: 40 (a) If the sentences run concurrently, the time served under imprison- 41 ment on any of the sentences shall be credited against the minimum and 42 maximum periods of all the concurrent indeterminate sentences and 43 against the terms of all the concurrent determinate sentences. The maxi- 44 mum term or terms of the indeterminate sentences and the term or terms 45 of the determinate sentences shall merge in and be satisfied by 46 discharge of the term which has the longest unexpired time to run; 47 (f) The aggregate maximum term of consecutive sentences imposed upon a 48 juvenile offender for two or more crimes, not including a class A felo- 49 ny, committed before he has reached the age of sixteen, shall, if it 50 exceeds ten years, be deemed to be ten years. If consecutive indetermi- 51 nate sentences imposed upon a juvenile offender include a sentence for 52 the class A felony of arson in the first degree or for the class A felo- 53 ny of kidnapping in the first degree, then the aggregate maximum term of 54 such sentences shall, if it exceeds fifteen years, be deemed to be 55 fifteen years. Where the aggregate maximum term of two or more consec- 56 utive sentences is reduced by a calculation made pursuant to this para-S. 6471 11 1 graph, the aggregate minimum period of imprisonment, if it exceeds 2 [one-half] one-third of the aggregate maximum term as so reduced, shall 3 be deemed to be [one-half] one-third of the aggregate maximum term as so 4 reduced. 5 The term of a definite sentence, a determinate sentence, or the maxi- 6 mum term of an indeterminate sentence imposed on a person shall be cred- 7 ited with and diminished by the amount of time the person spent in 8 custody prior to the commencement of such sentence as a result of [the] 9 any pending charge [that culminated in the sentence]. In the case of an 10 indeterminate sentence, if the minimum period of imprisonment has been 11 fixed by the court or by the board of parole, the credit shall also be 12 applied against the minimum period. The credit herein provided shall be 13 calculated from the date custody under the charge commenced to the date 14 the sentence commences and shall not include any time that is credited 15 against the term or maximum term of any previously imposed sentence or 16 period of post-release supervision to which the person is subject. 17 Provided, however, that when a person is subject to an undischarged term 18 of imprisonment or post-release supervision following parole release, 19 presumptive release or conditional release from an indeterminate 20 sentence, or conditional release or maximum expiration of a determinate 21 sentence, and is held in pretrial custody in a local correctional facil- 22 ity on a new charge or charges that culminate in an indeterminate or 23 determinate term of imprisonment, the time spent in pre-trial custody in 24 a local correctional facility on such charge or charges, from the date 25 custody commenced to the date of commencement of the subsequently 26 imposed indeterminate or determinate sentence, shall be credited as jail 27 time; and provided further that when jail time is credited in such 28 manner the time spent in pre-trial custody shall not be credited to the 29 previously imposed sentence to which the person is subject. Where the 30 charge or charges culminate in more than one sentence, the credit shall 31 be applied as follows: 32 § 14. Section 10 of chapter 339 of the laws of 1972, amending the 33 correction law and the penal law relating to inmate work release, 34 furlough and leave, as amended by section 6 of part A of chapter 55 of 35 the laws of 2021, is amended to read as follows: 36 § 10. This act shall take effect 30 days after it shall have become a 37 law and sections one through eight shall remain in effect until Septem- 38 ber 1, 2023, and provided further that the commissioner of correctional 39 services shall report each January first, and July first, to the chair- 40 man of the senate crime victims, crime and correction committee, the 41 senate codes committee, the assembly correction committee, and the 42 assembly codes committee, the number of eligible [inmates] incarcerated 43 individuals in each facility under the custody and control of the 44 commissioner who have applied for participation in any program offered 45 under the provisions of work release, furlough, or leave, and the number 46 of such [inmates] incarcerated individuals who have been approved for 47 participation. 48 § 15. Section 70.35 of the penal law, as amended by section 127-a of 49 subpart B of part C of chapter 62 of the laws of 2011, is amended to 50 read as follows: 51 § 70.35 Merger of certain definite and indeterminate or determinate 52 sentences. 53 The service of an indeterminate or determinate sentence of imprison- 54 ment shall satisfy any definite sentence of imprisonment imposed on a 55 person for an offense committed prior to the time the indeterminate or 56 determinate sentence was imposed, [except as provided in paragraph (b)S. 6471 12 1of subdivision five of section 70.25 of this article]. A person who is 2 serving a definite sentence at the time an indeterminate or determinate 3 sentence is imposed shall be delivered to the custody of the state 4 department of corrections and community supervision to commence service 5 of the indeterminate or determinate sentence immediately [unless the6person is serving a definite sentence pursuant to paragraph (b) of7subdivision five of section 70.25 of this article]. In any case where 8 the indeterminate or determinate sentence is revoked or vacated, the 9 person shall receive credit against the definite sentence for each day 10 spent in the custody of the state department of corrections and communi- 11 ty supervision. 12 § 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 13 laws of 1997, amending the military law and other laws relating to vari- 14 ous provisions, as amended by section 15 of part A of chapter 55 of the 15 laws of 2021, is amended to read as follows: 16 a. sections forty-three through [forty-five] forty-four of this act 17 shall expire and be deemed repealed on September 1, 2023; 18 § 17. Subdivisions (f), (g) and (h) of section 15 of part E of chapter 19 62 of the laws of 2003, amending the correction law and other laws 20 relating to various provisions, are amended to read as follows: 21 (f) the amendments made to subdivision 2 of section 259-c of the exec- 22 utive law made by section seven of this act shall not affect the expira- 23 tion of such subdivision and shall be deemed to expire therewith; and 24 (g) the amendments to paragraph (a) of subdivision 2 and subparagraph 25 (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i 26 of the executive law made by section eleven of this act shall not affect 27 the expiration of such paragraph (a) of subdivision 2, such subparagraph 28 (i) of paragraph (a) and such paragraph (d) of subdivision 3 and shall 29 be deemed to expire therewith[; and30(h) paragraph (c) of subdivision 1 of section 70.40 of the penal law31as added by section thirteen of this act shall expire and be deemed32repealed on the same date as subdivision 6 of section 76 of chapter 43533of the laws of 1997, as amended]. 34 § 18. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law, 35 subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision 36 2 as amended and subdivision 2-a as added by chapter 7 of the laws of 37 2007, paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 as 38 amended by chapter 31 of the laws of 2019, and subdivision 3 as added by 39 chapter 1 of the laws of 1998, are amended to read as follows: 40 1. In general. When a court imposes a determinate sentence it shall in 41 each case state not only the term of imprisonment, but also an addi- 42 tional period of post-release supervision as determined pursuant to this 43 article. Such period shall commence as provided in subdivision five of 44 this section and a violation of any condition of supervision occurring 45 at any time during such period of post-release supervision shall subject 46 the defendant to a further period of imprisonment up to the balance of 47 the remaining period of post-release supervision, not to exceed five 48 years; provided, however, that a defendant serving a term of post-re- 49 lease supervision for a conviction of a felony sex offense, as defined 50 in section 70.80 of this article, may be subject to a further period of 51 imprisonment up to the balance of the remaining period of post-release 52 supervision. Notwithstanding any other provision of law to the contra- 53 ry, no person serving a period of post-release supervision shall be 54 confined in a correctional facility, including a residential treatment 55 facility as defined in subdivision six of section two of the correction 56 law, except following a revocation hearing as set forth in section twoS. 6471 13 1 hundred fifty-nine-i of the executive law. Such maximum limits shall not 2 preclude a longer period of further imprisonment for a violation where 3 the defendant is subject to indeterminate and determinate sentences. 4 2. Period of post-release supervision for other than felony sex 5 offenses. The period of post-release supervision for a determinate 6 sentence, other than a determinate sentence imposed for a felony sex 7 offense as defined in paragraph (a) of subdivision one of section 70.80 8 of this article, shall [be] not exceed five years except that: 9 (a) such period shall [be] not exceed one year whenever a determinate 10 sentence of imprisonment is imposed pursuant to subdivision two of 11 section 70.70 of this article or subdivision nine of section 60.12 of 12 this title upon a conviction of a class D or class E felony offense; 13 (b) such period shall be not [less than one year nor] more than two 14 years whenever a determinate sentence of imprisonment is imposed pursu- 15 ant to subdivision two of section 70.70 of this article or subdivision 16 nine of section 60.12 of this title upon a conviction of a class B or 17 class C felony offense; 18 (c) such period shall be not [less than one year nor] more than two 19 years whenever a determinate sentence of imprisonment is imposed pursu- 20 ant to [subdivision three or four of section 70.70 of this article upon21conviction of a class D or class E felony offense or] subdivision ten of 22 section 60.12 of this title; 23 (d) such period shall be not [less than one and one-half years nor] 24 more than three years whenever a determinate sentence of imprisonment is 25 imposed pursuant to [subdivision three or four of section 70.70 of this26article upon conviction of a class B felony or class C felony offense27or] subdivision eleven of section 60.12 of this title; 28 (e) such period shall be not [less than one and one-half years nor] 29 more than three years whenever a determinate sentence of imprisonment is 30 imposed pursuant to subdivision [three] two of section 70.02 of this 31 article or subdivision two or eight of section 60.12 of this title upon 32 a conviction of a class D or class E violent felony offense or subdivi- 33 sion four, five, six, or seven of section 60.12 of this title; 34 (f) such period shall be not [less than two and one-half years nor] 35 more than five years whenever a determinate sentence of imprisonment is 36 imposed pursuant to subdivision [three] two of section 70.02 of this 37 article or subdivision two or eight of section 60.12 of this title upon 38 a conviction of a class B or class C violent felony offense. 39 2-a. Periods of post-release supervision for felony sex offenses. The 40 period of post-release supervision for a determinate sentence imposed 41 for a felony sex offense as defined in paragraph (a) of subdivision one 42 of section 70.80 of this article shall be as follows: 43 (a) not [less than three years nor] more than ten years whenever a 44 determinate sentence of imprisonment is imposed pursuant to subdivision 45 four of section 70.80 of this article upon a conviction of a class D or 46 class E felony sex offense; 47 (b) not [less than five years nor] more than fifteen years whenever a 48 determinate sentence of imprisonment is imposed pursuant to subdivision 49 four of section 70.80 of this article upon a conviction of a class C 50 felony sex offense; 51 (c) not [less than five years nor] more than twenty years whenever a 52 determinate sentence of imprisonment is imposed pursuant to subdivision 53 four of section 70.80 of this article upon a conviction of a class B 54 felony sex offense; 55 (d) not [less than three years nor] more than ten years whenever a 56 determinate sentence is imposed pursuant to subdivision [three] two ofS. 6471 14 1 section 70.02 of this article upon a conviction of a class D or class E 2 violent felony sex offense as defined in paragraph (b) of subdivision 3 one of section 70.80 of this article; 4 (e) not [less than five years nor] more than fifteen years whenever a 5 determinate sentence is imposed pursuant to subdivision [three] two of 6 section 70.02 of this article upon a conviction of a class C violent 7 felony sex offense as defined in section 70.80 of this article; 8 (f) not [less than five years nor] more than twenty years whenever a 9 determinate sentence is imposed pursuant to subdivision [three] two of 10 section 70.02 of this article upon a conviction of a class B violent 11 felony sex offense as defined in section 70.80 of this article; 12 (g) not [less than five years nor] more than fifteen years whenever a 13 determinate sentence of imprisonment is imposed pursuant to [either14section 70.04, section 70.06, or subdivision five of] section 70.80 of 15 this article upon a conviction of a class D or class E violent or non- 16 violent felony sex offense as defined in section 70.80 of this article; 17 (h) not [less than seven years nor] more than twenty years whenever a 18 determinate sentence of imprisonment is imposed pursuant to [either19section 70.04, section 70.06, or subdivision five of] section 70.80 of 20 this article upon a conviction of a class C violent or non-violent felo- 21 ny sex offense as defined in section 70.80 of this article; and 22 (i) such period shall be not [less than ten years nor] more than twen- 23 ty-five years whenever a determinate sentence of imprisonment is imposed 24 pursuant to [either section 70.04, section 70.06, or subdivision five25of] section 70.80 of this article upon a conviction of a class B violent 26 or non-violent felony sex offense as defined in section 70.80 of this 27 article[; and28(j) such period shall be not less than ten years nor more than twenty29years whenever any determinate sentence of imprisonment is imposed30pursuant to subdivision four of section 70.07 of this article]. 31 3. Conditions of post-release supervision. The board of parole shall 32 establish and impose conditions of post-release supervision in the same 33 manner and to the same extent as it may establish and impose conditions 34 in accordance with the executive law upon persons who are granted parole 35 or conditional release[; provided that, notwithstanding any other36provision of law, the board of parole may impose as a condition of post-37release supervision that for a period not exceeding six months imme-38diately following release from the underlying term of imprisonment the39person be transferred to and participate in the programs of a residen-40tial treatment facility as that term is defined in subdivision six of41section two of the correction law]. Upon release from the underlying 42 term of imprisonment, the person shall be furnished with a written 43 statement setting forth the conditions of post-release supervision in 44 sufficient detail to provide for the person's conduct and supervision. 45 § 19. Subdivisions 1 and 2 of section 70.70 of the penal law, as added 46 by chapter 738 of the laws of 2004, paragraphs (a) and (b) of subdivi- 47 sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter 48 92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision 49 2 as amended by section 21 and paragraph (d) of subdivision 2 as added 50 by section 23 of part AAA of chapter 56 of the laws of 2009, are amended 51 to read as follows: 52 1. For the purposes of this section, [the following terms shall mean:53(a) "Felony] "felony drug offender" means a defendant who stands 54 convicted of any felony, defined in article two hundred twenty or two 55 hundred twenty-two of this chapter other than a class A felony.S. 6471 15 1 [(b) "Second felony drug offender" means a second felony offender as2that term is defined in subdivision one of section 70.06 of this arti-3cle, who stands convicted of any felony, defined in article two hundred4twenty or two hundred twenty-two of this chapter other than a class A5felony.6(c) "Violent felony" shall have the same meaning as that term is7defined in subdivision one of section 70.02 of this article.] 8 2. [Except as provided in subdivision three or four of this section,9a] (a) Term of sentence. The term of sentence [of imprisonment] for a 10 felony drug offender shall be fixed by the court. The court may impose a 11 definite sentence of imprisonment and fix a term of less than one year. 12 If a court finds that a sentence of imprisonment of more than one year 13 is the minimum term of imprisonment necessary to achieve the goals of 14 sentencing, the court shall impose a determinate sentence as provided in 15 paragraph [(a)] (b) of this subdivision. 16 [(a)] (b) Term of determinate sentence. [Except as provided in para-17graph (b) or (c) of this subdivision, the court shall impose a] A deter- 18 minate term of imprisonment [upon a felony drug offender which] shall be 19 imposed by the court in whole or half years, which shall include as a 20 part thereof a period of post-release supervision in accordance with 21 section 70.45 of this article. The terms of imprisonment authorized for 22 such determinate sentences are as follows: 23 (i) for a class B felony, the term shall [be at least one year and24shall] not exceed nine years[, except that for the class B felony of25criminal sale of a controlled substance in or near school grounds as26defined in subdivision two of section 220.44 of this chapter or on a27school bus as defined in subdivision seventeen of section 220.00 of this28chapter or criminal sale of a controlled substance to a child as defined29in section 220.48 of this chapter, the term shall be at least two years30and shall not exceed nine years]; 31 (ii) for a class C felony, the term shall [be at least one year and32shall] not exceed five and one-half years; 33 (iii) for a class D felony, the term shall [be at least one year and34shall] not exceed two and one-half years; and 35 (iv) for a class E felony, the term shall [be at least one year and36shall] not exceed one and one-half years. 37 [(b) Probation. Notwithstanding any other provision of law, the court38may sentence a defendant convicted of a class B, class C, class D or39class E felony offense defined in article two hundred twenty or two40hundred twenty-two of this chapter to probation in accordance with the41provisions of sections 60.04 and 65.00 of this chapter.42(c) Alternative definite sentence for class B, class C, class D, and43class E felonies. If the court, having regard to the nature and circum-44stances of the crime and to the history and character of the defendant,45is of the opinion that a sentence of imprisonment is necessary but that46it would be unduly harsh to impose a determinate sentence upon a person47convicted of a class C, class D or class E felony offense defined in48article two hundred twenty or two hundred twenty-two of this chapter, or49a class B felony defined in article two hundred twenty of this chapter,50other than the class B felony defined in section 220.48 of this chapter,51as added by a chapter of the laws of two thousand nine the court may52impose a definite sentence of imprisonment and fix a term of one year or53less.54(d) The court may direct that a determinate sentence imposed on a55defendant convicted of a class B felony, other than the class B felony56defined in section 220.48 of this chapter, pursuant to this subdivisionS. 6471 16 1be executed as a sentence of parole supervision in accordance with2section 410.91 of the criminal procedure law.] 3 § 20. Subdivisions 3 and 4 of section 70.70 of the penal law are 4 REPEALED. 5 § 21. Section 70.71 of the penal law, as added by chapter 738 of the 6 laws of 2004, paragraph (a) of subdivision 2 as amended and subdivision 7 5 as added by section 26 of part AAA of chapter 56 of the laws of 2009, 8 is amended to read as follows: 9 § 70.71 Sentence of imprisonment for a class A felony drug offender. 10 1. For the purposes of this section, the following terms shall mean: 11 (a) "Felony drug offender" means a defendant who stands convicted of 12 any class A felony as defined in article two hundred twenty of this 13 chapter. 14 (b) ["Second felony drug offender" means a second felony offender as15that term is defined in subdivision one of section 70.06 of this arti-16cle, who stands convicted of and is to be sentenced for any class A17felony as defined in article two hundred twenty of this chapter.18(c)] "Violent felony offense" shall have the same meaning as that term 19 is defined in subdivision one of section 70.02 of this article. 20 2. Sentence of imprisonment for a first felony drug offender. 21 (a) Applicability. Except as provided in subdivision three[, four or22five] of this section, this subdivision shall apply to a person 23 convicted of a class A felony as defined in article two hundred twenty 24 of this chapter. 25 (b) Authorized sentence. The term of sentence shall be fixed by the 26 court. The court may impose a definite sentence of imprisonment and fix 27 a term of less than one year. If a court finds that a sentence of impri- 28 sonment is the minimum term of imprisonment necessary to achieve the 29 goals of sentencing, the court shall impose a determinate term of impri- 30 sonment which shall be imposed by the court in whole or half years and 31 which shall include as a part thereof a period of post-release super- 32 vision in accordance with section 70.45 of this article. The terms 33 authorized for such determinate sentences are as follows: 34 (i) for a class A-I felony, the term shall [be at least eight years35and shall] not exceed twenty years; 36 (ii) for a class A-II felony, the term shall [be at least three years37and shall] not exceed ten years. 38 [(c) Lifetime probation. Notwithstanding any other provision of law,39the court may sentence a defendant convicted of a class A-II felony40defined in article two hundred twenty of this chapter to lifetime41probation in accordance with the provisions of section 65.00 of this42chapter.] 43 3. [Sentence of imprisonment for a second felony drug offender.44(a) Applicability. This subdivision shall apply to a second felony45drug offender whose prior felony conviction or convictions did not46include one or more violent felony offenses.47(b) Authorized sentence. When the court has found pursuant to the48provisions of section 400.21 of the criminal procedure law that a49defendant is a second felony drug offender who stands convicted of a50class A felony as defined in article two hundred twenty or two hundred51twenty-one of this chapter, the court shall impose a determinate52sentence of imprisonment. Such determinate sentence shall include as a53part thereof a period of post-release supervision in accordance with54section 70.45 of this article. Such determinate sentence shall be55imposed by the court in whole or half years as follows:S. 6471 17 1(i) for a class A-I felony, the term shall be at least twelve years2and shall not exceed twenty-four years;3(ii) for a class A-II felony, the term shall be at least six years and4shall not exceed fourteen years.5(c) Lifetime probation. Notwithstanding any other provision of law,6the court may sentence a defendant convicted of a class A-II felony7defined in article two hundred twenty of this chapter to lifetime8probation in accordance with the provisions of section 65.00 of this9chapter.104. Sentence of imprisonment for a second felony drug offender previ-11ously convicted of a violent felony offense.12(a) Applicability. This subdivision shall apply to a second felony13drug offender whose prior felony conviction was a violent felony.14(b) Authorized sentence. When the court has found pursuant to the15provisions of section 400.21 of the criminal procedure law that a16defendant is a second felony drug offender whose prior felony conviction17was a violent felony, who stands convicted of a class A felony as18defined in article two hundred twenty or two hundred twenty-one of this19chapter, the court shall impose a determinate sentence of imprisonment.20Such determinate sentence shall include as a part thereof a period of21post-release supervision in accordance with section 70.45 of this arti-22cle. Such determinate sentence shall be imposed by the court in whole or23half years as follows:24(i) for a class A-I felony, the term shall be at least fifteen years25and shall not exceed thirty years;26(ii) for a class A-II felony, the term shall be at least eight years27and shall not exceed seventeen years.285.] Sentence of imprisonment for operating as a major trafficker. 29 (a) Applicability. This subdivision shall apply to a person convicted 30 of the class A-I felony of operating as a major trafficker as defined in 31 section 220.77 of this chapter. 32 (b) Authorized sentence. [Except as provided in paragraph (c) of this33subdivision, the] The term of sentence shall be fixed by the court. The 34 court may impose a definite sentence of imprisonment and fix a term of 35 less than one year. If a court finds that a sentence of imprisonment is 36 the minimum term of imprisonment necessary to achieve the goals of 37 sentencing, the court shall impose an indeterminate term of imprisonment 38 for an A-I felony, in accordance with the provisions of section 70.00 of 39 this article. 40 [(c) Alternative determinate sentence. If a defendant stands convicted41of violating section 220.77 of this chapter, and if the court, having42regard to the nature and circumstances of the crime and the history and43character of the defendant, is of the opinion that a sentence of impri-44sonment is necessary but that it would be unduly harsh to impose the45indeterminate sentence for a class A-I felony specified under section4670.00 of this article, the court may instead impose the determinate47sentence of imprisonment authorized by clause (i) of subparagraph (b) of48subdivision two of this section for a class A-I drug felony; in such49case, the reasons for the court's opinion shall be set forth on the50record.] 51 § 22. Section 70.80 of the penal law, as added by chapter 7 of the 52 laws of 2007, paragraph (a) of subdivision 1 as amended by chapter 368 53 of the laws of 2015, is amended to read as follows: 54 § 70.80 Sentences of imprisonment for conviction of a felony sex 55 offense.S. 6471 18 1 1. Definitions. (a) For the purposes of this section, a "felony sex 2 offense" means a conviction of any felony defined in article one hundred 3 thirty of this chapter, including a sexually motivated felony, or 4 patronizing a person for prostitution in the first degree as defined in 5 section 230.06 of this chapter, patronizing a person for prostitution in 6 the second degree as defined in section 230.05 of this chapter, aggra- 7 vated patronizing a minor for prostitution in the third degree as 8 defined in section 230.11 of this chapter, aggravated patronizing a 9 minor for prostitution in the second degree as defined in section 230.12 10 of this chapter, aggravated patronizing a minor for prostitution in the 11 first degree as defined in section 230.13 of this chapter, incest in the 12 second degree as defined in section 255.26 of this chapter, or incest in 13 the first degree as defined in section 255.27 of this chapter, or a 14 felony attempt or conspiracy to commit any of the above. 15 (b) A felony sex offense shall be deemed a "violent felony sex 16 offense" if it is for an offense defined as a violent felony offense in 17 section 70.02 of this article, or for a sexually motivated felony as 18 defined in section 130.91 of this chapter where the specified offense is 19 a violent felony offense as defined in section 70.02 of this article. 20 (c) [For the purposes of this section, a "predicate felony sex offen-21der" means a person who stands convicted of any felony sex offense as22defined in paragraph (a) of this subdivision, other than a class A-I23felony, after having previously been subjected to one or more predicate24felony convictions as defined in subdivision one of section 70.06 or25subdivision one of section 70.04 of this article.26(d)] For purposes of this section, a "violent felony offense" is any 27 felony defined in subdivision one of section 70.02 of this article, and 28 a "non-violent felony offense" is any felony not defined therein. 29 2. In imposing a sentence within the authorized statutory range for 30 any felony sex offense, the court may consider all relevant factors set 31 forth in section 1.05 of this chapter, and in particular, may consider 32 the defendant's criminal history, if any, including any history of sex 33 offenses; any mental illness or mental abnormality from which the 34 defendant may suffer; the defendant's ability or inability to control 35 his sexual behavior; and, if the defendant has difficulty controlling 36 such behavior, the extent to which that difficulty may pose a threat to 37 society. 38 3. Except as provided by subdivision four, five, six[,] or seven [or39eight] of this section, or when a defendant is being sentenced for a 40 conviction of the class A-II felonies of predatory sexual assault and 41 predatory sexual assault against a child as defined in sections 130.95 42 and 130.96 of this chapter, or for any class A-I sexually motivated 43 felony for which a life sentence or a life without parole sentence 44 [must] may be imposed, a sentence imposed upon a defendant convicted of 45 a felony sex offense shall be fixed by the court. The court may impose 46 a definite sentence of imprisonment and fix a term of less than one 47 year. If a court finds that a sentence of imprisonment is the minimum 48 term of imprisonment necessary to achieve the goals of sentencing, the 49 court shall impose a determinate sentence. The determinate sentence 50 shall be imposed by the court in whole or half years, and shall include 51 as a part thereof a period of post-release supervision in accordance 52 with subdivision two-a of section 70.45 of this article. [Persons eligi-53ble for sentencing under section 70.07 of this article governing second54child sexual assault felonies shall be sentenced under such section and55paragraph (j) of subdivision two-a of section 70.45 of this article.]S. 6471 19 1 4. [(a)] Sentences of imprisonment for felony sex offenses. Except as 2 provided in subdivision five, six[,] or seven[, or eight] of this 3 section, the term of the determinate sentence must be fixed by the court 4 as follows: 5 [(i)] (a) for a class B felony, the term must [be at least five years6and must] not exceed twenty-five years; 7 [(ii)] (b) for a class C felony, the term must [be at least three and8one-half years and must] not exceed fifteen years; 9 [(iii)] (c) for a class D felony, the term must [be at least two years10and must] not exceed seven years; and 11 [(iv)] (d) for a class E felony, the term must [be at least one and12one-half years and must] not exceed four years. 13 [(b) Probation. The court may sentence a defendant convicted of a14class D or class E felony sex offense to probation in accordance with15the provisions of section 65.00 of this title.16(c) Alternative definite sentences for class D and class E felony sex17offenses. If the court, having regard to the nature and circumstances of18the crime and to the history and character of the defendant, is of the19opinion that a sentence of imprisonment is necessary but that it would20be unduly harsh to impose a determinate sentence upon a person convicted21of a class D or class E felony sex offense, the court may impose a defi-22nite sentence of imprisonment and fix a term of one year or less.235. Sentence of imprisonment for a predicate felony sex offender. (a)24Applicability. This subdivision shall apply to a predicate felony sex25offender who stands convicted of a non-violent felony sex offense and26who was previously convicted of one or more felonies.27(b) Non-violent predicate felony offense. When the court has found,28pursuant to the provisions of the criminal procedure law, that a person29is a predicate felony sex offender, and the person's predicate30conviction was for a non-violent felony offense, the court must impose a31determinate sentence of imprisonment, the term of which must be fixed by32the court as follows:33(i) for a class B felony, the term must be at least eight years and34must not exceed twenty-five years;35(ii) for a class C felony, the term must be at least five years and36must not exceed fifteen years;37(iii) for a class D felony, the term must be at least three years and38must not exceed seven years; and39(iv) for a class E felony, the term must be at least two years and40must not exceed four years.41(c) Violent predicate felony offense. When the court has found, pursu-42ant to the provisions of the criminal procedure law, that a person is a43predicate felony sex offender, and the person's predicate conviction was44for a violent felony offense, the court must impose a determinate45sentence of imprisonment, the term of which must be fixed by the court46as follows:47(i) for a class B felony, the term must be at least nine years and48must not exceed twenty-five years;49(ii) for a class C felony, the term must be at least six years and50must not exceed fifteen years;51(iii) for a class D felony, the term must be at least four years and52must not exceed seven years; and53(iv) for a class E felony, the term must be at least two and one-half54years and must not exceed four years.55(d) A defendant who stands convicted of a non-violent felony sex56offense, other than a class A-I or class A-II felony, who is adjudicatedS. 6471 20 1a persistent felony offender under section 70.10 of this article, shall2be sentenced pursuant to the provisions of section 70.10 or pursuant to3this subdivision.46.] 5. Sentence of imprisonment for a violent felony sex offense. 5 Except as provided in subdivisions six and seven [and eight] of this 6 section, a defendant who stands convicted of a violent felony sex 7 offense must be sentenced pursuant to the provisions of section 70.02[,8section 70.04, subdivision six of section 70.06, section 70.08, or9section 70.10] of this article, as applicable. 10 [7.] 6. Sentence for a class A felony sex offense. When a person 11 stands convicted of a sexually motivated felony pursuant to section 12 130.91 of this chapter and the specified offense is a class A felony, 13 the court must sentence the defendant in accordance with the provisions 14 of: 15 (a) section 60.06 of this [chapter] title and section 70.00 of this 16 article, as applicable, if such offense is a class A-I felony; and 17 (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if 18 such offense is a class A-II felony. 19 [8.] 7. Whenever a juvenile offender stands convicted of a felony sex 20 offense, he or she must be sentenced pursuant to the provisions of 21 sections 60.10 and 70.05 of this [chapter] title. 22 [9.] 8. Every determinate sentence for a felony sex offense, as 23 defined in paragraph (a) of subdivision one of this section, imposed 24 pursuant to any section of this article, shall include as a part thereof 25 a period of post-release supervision in accordance with subdivision 26 two-a of section 70.45 of this article. 27 § 23. Paragraph (b) of subdivision 3 of section 60.01 of the penal 28 law, as amended by chapter 548 of the laws of 1984, is amended to read 29 as follows: 30 (b) A fine authorized by article eighty[, provided, however, that when31the conviction is of a class B felony or of any felony defined in arti-32cle two hundred twenty, the sentence shall not consist solely of a fine] 33 of this title; or 34 § 24. Subdivision 2 of section 60.02 of the penal law, as amended by 35 chapter 471 of the laws of 1980, is amended to read as follows: 36 (2) If the sentence is to be imposed upon a youthful offender finding 37 which has been substituted for a conviction for any felony, the court 38 must impose a sentence authorized to be imposed upon a person convicted 39 of a class E felony [provided, however, that the court must not impose a40sentence of conditional discharge or unconditional discharge if the41youthful offender finding was substituted for a conviction of a felony42defined in article two hundred twenty of this chapter]. 43 § 25. Section 60.04 of the penal law, as added by chapter 738 of the 44 laws of 2004, subdivisions 3 and 5 as amended by section 17 of part AAA 45 of chapter 56 of the laws of 2009, subdivision 6 as amended by section 46 120 of subpart B of part C of chapter 62 of the laws of 2011 and subdi- 47 vision 7 as amended by chapter 322 of the laws of 2021, is amended to 48 read as follows: 49 § 60.04 Authorized disposition; controlled substances [and marihuana50felony] offenses. 51 1. Applicability. Notwithstanding the provisions of any law, this 52 section shall govern the dispositions authorized when a person is to be 53 sentenced upon a conviction of a felony offense defined in article two 54 hundred twenty [or two hundred twenty-one] of this chapter [or when a55person is to be sentenced upon a conviction of such a felony as a multi-56ple felony offender as defined in subdivision five of this section].S. 6471 21 1 2. Class A felony. Every person convicted of a class A felony must be 2 sentenced [to imprisonment] in accordance with section 70.71 of this 3 title[, unless such person is convicted of a class A-II felony and is4sentenced to probation for life in accordance with section 65.00 of this5title]. 6 3. Class B felonies. Every person convicted of a class B felony must 7 be sentenced [to imprisonment] in accordance with the applicable 8 provisions of section 70.70 of this [chapter, a definite sentence of9imprisonment with a term of one year or less or probation in accordance10with section 65.00 of this chapter provided, however, a person convicted11of criminal sale of a controlled substance to a child as defined in12section 220.48 of this chapter must be sentenced to a determinate13sentence of imprisonment in accordance with the applicable provisions of14section 70.70 of this chapter or to a sentence of probation in accord-15ance with the opening paragraph of paragraph (b) of subdivision one of16section 65.00 of this chapter] title. 17 4. Alternative sentence. [Where a sentence of imprisonment or a18sentence of probation as an alternative to imprisonment is not required19to be imposed pursuant to subdivision two, three or five of this20section, the court may impose any other sentence authorized by section2160.01 of this article, provided that when the court imposes a sentence22of imprisonment, such sentence must be in accordance with section 70.7023of this title.] Where the court imposes a sentence of imprisonment in 24 accordance with this section, the court may also impose a fine author- 25 ized by article eighty of this title and in such case the sentence shall 26 be both imprisonment and a fine. 27 5. [Multiple felony offender. Where the court imposes a sentence28pursuant to subdivision three of section 70.70 of this chapter upon a29second felony drug offender, as defined in paragraph (b) of subdivision30one of section 70.70 of this chapter, it must sentence such offender to31imprisonment in accordance with the applicable provisions of section3270.70 of this chapter, a definite sentence of imprisonment with a term33of one year or less, or probation in accordance with section 65.00 of34this chapter, provided, however, that where the court imposes a sentence35upon a class B second felony drug offender, it must sentence such offen-36der to a determinate sentence of imprisonment in accordance with the37applicable provisions of section 70.70 of this chapter or to a sentence38of probation in accordance with the opening paragraph of paragraph (b)39of subdivision one of section 65.00 of this chapter. When the court40imposes sentence on a second felony drug offender pursuant to subdivi-41sion four of section 70.70 of this chapter, it must impose a determinate42sentence of imprisonment in accordance with such subdivision.436.] Substance abuse treatment. When the court imposes a sentence of 44 imprisonment which requires a commitment to the state department of 45 corrections and community supervision [upon a person who stands46convicted of a controlled substance or marihuana offense], the court 47 may, upon motion of the defendant in its discretion, issue an order 48 directing that the department of corrections and community supervision 49 enroll the defendant in the comprehensive alcohol and substance abuse 50 treatment program in an alcohol and substance abuse correctional annex 51 as defined in subdivision eighteen of section two of the correction law, 52 provided that the defendant will satisfy the statutory eligibility 53 criteria for participation in such program. Notwithstanding the forego- 54 ing provisions of this subdivision, any defendant to be enrolled in such 55 program pursuant to this subdivision shall be governed by the same rules 56 and regulations promulgated by the department of corrections and commu-S. 6471 22 1 nity supervision, including without limitation those rules and regu- 2 lations establishing requirements for completion and those rules and 3 regulations governing discipline and removal from the program. No such 4 period of court ordered corrections based drug abuse treatment pursuant 5 to this subdivision shall be required to extend beyond the defendant's 6 conditional release date. 7 [7.] 6. a. Shock incarceration participation. When the court imposes a 8 sentence of imprisonment which requires a commitment to the department 9 of corrections and community supervision upon a person [who stands10convicted of a controlled substance or marihuana offense], upon motion 11 of the defendant, the court may issue an order directing that the 12 department of corrections and community supervision enroll the defendant 13 in the shock incarceration program as defined in article twenty-six-A of 14 the correction law, provided that the defendant is an eligible incarcer- 15 ated individual, as described in subdivision one of section eight 16 hundred sixty-five of the correction law. Notwithstanding the foregoing 17 provisions of this subdivision, any defendant to be enrolled in such 18 program pursuant to this subdivision shall be governed by the same rules 19 and regulations promulgated by the department of corrections and commu- 20 nity supervision, including without limitation those rules and regu- 21 lations establishing requirements for completion and such rules and 22 regulations governing discipline and removal from the program. 23 b. (i) In the event that an incarcerated individual designated by 24 court order for enrollment in the shock incarceration program requires a 25 degree of medical care or mental health care that cannot be provided at 26 a shock incarceration facility, the department, in writing, shall notify 27 the incarcerated individual, provide a proposal describing a proposed 28 alternative-to-shock-incarceration program, and notify him or her that 29 he or she may object in writing to placement in such alternative-to- 30 shock-incarceration program. If the incarcerated individual objects in 31 writing to placement in such alternative-to-shock-incarceration program, 32 the department of corrections and community supervision shall notify the 33 sentencing court, provide such proposal to the court, and arrange for 34 the incarcerated individual's prompt appearance before the court. The 35 court shall provide the proposal and notice of a court appearance to the 36 people, the incarcerated individual and the appropriate defense attor- 37 ney. After considering the proposal and any submissions by the parties, 38 and after a reasonable opportunity for the people, the incarcerated 39 individual and counsel to be heard, the court may modify its sentencing 40 order accordingly, notwithstanding the provisions of section 430.10 of 41 the criminal procedure law. 42 (ii) An incarcerated individual who successfully completes an alterna- 43 tive-to-shock-incarceration program within the department of corrections 44 and community supervision shall be treated in the same manner as a 45 person who has successfully completed the shock incarceration program, 46 as set forth in subdivision four of section eight hundred sixty-seven of 47 the correction law. 48 § 26. Section 60.05 of the penal law, as amended by chapter 410 of the 49 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended 50 by chapter 738 of the laws of 2004, subdivision 1 as amended by chapter 51 7 of the laws of 2007, subdivision 5 as amended by chapter 405 of the 52 laws of 2010 and subdivision 8 as amended by chapter 486 of the laws of 53 2022, is amended to read as follows: 54 § 60.05 Authorized dispositions; other class A, B, certain C and D felo- 55 nies [and multiple felony offenders].S. 6471 23 1 1. Applicability. Except as provided in section 60.04 of this article 2 governing the authorized dispositions applicable to felony offenses 3 defined in article two hundred twenty [or two hundred twenty-one] of 4 this chapter or in section 60.13 of this article governing the author- 5 ized dispositions applicable to felony sex offenses defined in paragraph 6 (a) of subdivision one of section 70.80 of this title, this section 7 shall govern the dispositions authorized when a person is to be 8 sentenced upon a conviction of a class A felony, a class B felony or a 9 class C, class D or class E felony specified [herein, or when a person10is to be sentenced upon a conviction of a felony as a multiple felony11offender] in this section. 12 2. Class A felony. [Except as provided in subdivisions three and four13of section 70.06 of this chapter, every] Every person convicted of a 14 class A felony must be sentenced [to imprisonment] in accordance with 15 section 70.00 of this title[, unless such person is convicted of murder16in the first degree and is sentenced in accordance with section 60.06 of17this article]. 18 3. Class B felony. [Except as provided in subdivision six of this19section, every] Every person convicted of a class B violent felony 20 offense as defined in subdivision one of section 70.02 of this title, 21 must be sentenced [to imprisonment] in accordance with such section 22 [70.02]; and[, except as provided in subdivision six of this section,] 23 every person convicted of any other class B felony must be sentenced [to24imprisonment] in accordance with section 70.00 of this title. 25 4. Certain class C felonies. [Except as provided in subdivision six,26every] Every person convicted of a class C violent felony offense as 27 defined in subdivision one of section 70.02 of this title, must be 28 sentenced [to imprisonment] in accordance with section 70.02 of this 29 title[; and, except as provided in subdivision six of this section,30every person convicted of the class C felonies of: attempt to commit any31of the class B felonies of bribery in the first degree as defined in32section 200.04, bribe receiving in the first degree as defined in33section 200.12, conspiracy in the second degree as defined in section34105.15 and criminal mischief in the first degree as defined in section35145.12; criminal usury in the first degree as defined in section 190.42,36rewarding official misconduct in the first degree as defined in section37200.22, receiving reward for official misconduct in the first degree as38defined in section 200.27, attempt to promote prostitution in the first39degree as defined in section 230.32, promoting prostitution in the40second degree as defined in section 230.30, arson in the third degree as41defined in section 150.10 of this chapter, must be sentenced to impri-42sonment in accordance with section 70.00 of this title]. 43 5. Certain class D felonies. [Except as provided in subdivision six of44this section, every] Every person convicted of the class D felonies of 45 assault in the second degree as defined in section 120.05, strangulation 46 in the second degree as defined in section 121.12 or attempt to commit a 47 class C felony as defined in section 230.30 of this chapter, must be 48 sentenced in accordance with section 70.00 or 85.00 of this title. 49 6. [Multiple felony offender. When the court imposes sentence upon a50second violent felony offender, as defined in section 70.04, or a second51felony offender, as defined in section 70.06, the court must impose a52sentence of imprisonment in accordance with section 70.04 or 70.06, as53the case may be, unless it imposes a sentence of imprisonment in accord-54ance with section 70.08 or 70.10.557.] Fines. Where the court imposes a sentence of imprisonment in 56 accordance with this section, the court also may impose a fine author-S. 6471 24 1 ized by article eighty of this title and in such case the sentence shall 2 be both imprisonment and a fine. 3 [8.] 7. Shock incarceration participation. (a) When the court imposes 4 a determinate sentence of imprisonment pursuant to subdivision [three] 5 two of section 70.02 of this [chapter] title or subdivision six of 6 section 70.06 of this [chapter upon a person who stands convicted either7of burglary in the second degree as defined in subdivision two of8section 140.25 of this chapter or robbery in the second degree as9defined in subdivision one of section 160.10 of this chapter, or an10attempt thereof] title, upon motion of the defendant, the court may 11 issue an order directing that the department of corrections and communi- 12 ty supervision enroll the defendant in the shock incarceration program 13 as defined in article twenty-six-A of the correction law, provided that 14 the defendant is an eligible incarcerated individual, as described in 15 subdivision one of section eight hundred sixty-five of the correction 16 law. Notwithstanding the foregoing provisions of this subdivision, any 17 defendant to be enrolled in such program pursuant to this subdivision 18 shall be governed by the same rules and regulations promulgated by the 19 department of corrections and community supervision, including without 20 limitation those rules and regulations establishing requirements for 21 completion and such rules and regulations governing discipline and 22 removal from the program. 23 (b) Paragraph b of subdivision seven of section 60.04 of this article 24 shall apply in the event an incarcerated individual designated by court 25 order for enrollment in the shock incarceration program requires a 26 degree of medical care or mental health care that cannot be provided at 27 a shock incarceration facility. 28 § 27. Paragraph (ii) of subdivision b of section 60.09 of the penal 29 law, as added by chapter 410 of the laws of 1979, is amended to read as 30 follows: 31 (ii) if the conviction was for a class A-II offense the court may 32 impose a new minimum term which shall be [no less than three years33imprisonment and] no more than eight and one-third years; 34 § 28. Section 60.10 of the penal law, as amended by chapter 411 of the 35 laws of 1979, is amended to read as follows: 36 § 60.10 Authorized disposition; juvenile offender. 37 1. When a juvenile offender is convicted of a crime, the court shall 38 sentence the defendant [to imprisonment] in accordance with section 39 70.05 of this title or sentence him upon a youthful offender finding in 40 accordance with section 60.02 of this [chapter] article. 41 2. Subdivision one of this section shall apply when sentencing a juve- 42 nile offender notwithstanding the provisions of any other law that deals 43 with the authorized sentence for persons who are not juvenile offenders. 44 [Provided, however, that the limitation prescribed by this section shall45not be deemed or construed to bar use of a conviction of a juvenile46offender, other than a juvenile offender who has been adjudicated a47youthful offender pursuant to section 720.20 of the criminal procedure48law, as a previous or predicate felony offender under section 70.04,4970.06, 70.08 or 70.10, when sentencing a person who commits a felony50after he has reached the age of sixteen.] 51 § 29. Section 60.12 of the penal law, as amended by chapter 31 of the 52 laws of 2019, subdivision 1 as amended by section 1 of part WW of chap- 53 ter 55 of the laws of 2019, is amended to read as follows: 54 § 60.12 Authorized disposition; alternative sentence; domestic violence 55 cases.S. 6471 25 1 1. Notwithstanding any other provision of law, where a court is impos- 2 ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06] or 3 subdivision two or three of section 70.71 of this title, [other than for4an offense defined in section 125.26, 125.27, subdivision five of5section 125.25, or article 490 of this chapter, or for an offense which6would require such person to register as a sex offender pursuant to7article six-C of the correction law, an attempt or conspiracy to commit8any such offense,] and is authorized [or required] pursuant to sections 9 70.00, 70.02[, 70.06] or subdivision two or three of section 70.71 of 10 this title to impose a sentence of imprisonment, the court, upon a 11 determination following a hearing that (a) at the time of the instant 12 offense, the defendant was a victim of domestic violence subjected to 13 substantial physical, sexual or psychological abuse inflicted by a 14 member of the same family or household as the defendant as such term is 15 defined in subdivision one of section 530.11 of the criminal procedure 16 law; (b) such abuse was a significant contributing factor to the defend- 17 ant's criminal behavior; (c) having regard for the nature and circum- 18 stances of the crime and the history, character and condition of the 19 defendant, that a sentence of imprisonment pursuant to section 70.00, 20 70.02[, 70.06] or subdivision two or three of section 70.71 of this 21 title would be unduly harsh may instead impose a sentence in accordance 22 with this section. 23 A court may determine that such abuse constitutes a significant 24 contributing factor pursuant to paragraph (b) of this subdivision 25 regardless of whether the defendant raised a defense pursuant to article 26 thirty-five, article forty, or subdivision one of section 125.25 of this 27 chapter. 28 At the hearing to determine whether the defendant should be sentenced 29 pursuant to this section, the court shall consider oral and written 30 arguments, take testimony from witnesses offered by either party, and 31 consider relevant evidence to assist in making its determination. Reli- 32 able hearsay shall be admissible at such hearings. 33 2. Where a court would otherwise be required to impose a sentence 34 pursuant to section 70.02 of this title, the court may impose a definite 35 sentence of imprisonment of less than one year [or less], or probation 36 in accordance with the provisions of section 65.00 of this title, or may 37 fix a determinate term of imprisonment as follows: 38 (a) For a class B felony, the term must be at least one year and must 39 not exceed five years; 40 (b) For a class C felony, the term must be at least one year and must 41 not exceed three and one-half years; 42 (c) For a class D felony, the term must be at least one year and must 43 not exceed two years; and 44 (d) For a class E felony, the term must be one year and must not 45 exceed one and one-half years. 46 3. Where a court would otherwise be required to impose a sentence for 47 a class A felony offense pursuant to section 70.00 of this title, the 48 court may fix a determinate term of imprisonment of at least [five49years] one year and not to exceed fifteen years, or impose a definite 50 sentence of imprisonment of less than one year, or probation in accord- 51 ance with the provisions of section 65.00 of this title. 52 4. Where a court would otherwise be required to impose a sentence for 53 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 54 of subdivision two of section 70.71 of this title, the court may fix a 55 determinate term of imprisonment of at least [five years] one year and 56 not to exceed eight years, or impose a definite sentence of imprisonmentS. 6471 26 1 of less than one year, or probation in accordance with the provisions of 2 section 65.00 of this title. 3 5. Where a court would otherwise be required to impose a sentence for 4 a class A felony offense pursuant to subparagraph (i) of paragraph (b) 5 of subdivision three of section 70.71 of this title, the court may fix a 6 determinate term of imprisonment of at least [five years] one year and 7 not to exceed twelve years, or impose a definite sentence of imprison- 8 ment of less than one year, or probation in accordance with the 9 provisions of section 65.00 of this title. 10 6. Where a court would otherwise be required to impose a sentence for 11 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 12 of subdivision two of section 70.71 of this title, the court may fix a 13 determinate term of imprisonment of at least one year and not to exceed 14 three years, or impose a definite sentence of imprisonment of less than 15 one year, or probation in accordance with the provisions of section 16 65.00 of this title. 17 7. Where a court would otherwise be required to impose a sentence for 18 a class A felony offense pursuant to subparagraph (ii) of paragraph (b) 19 of subdivision three of section 70.71 of this title, the court may fix a 20 determinate term of imprisonment of at least [three years] one year and 21 not to exceed six years, or impose a definite sentence of imprisonment 22 of less than one year, or probation in accordance with the provisions of 23 section 65.00 of this title. 24 [8. Where a court would otherwise be required to impose a sentence25pursuant to subdivision six of section 70.06 of this title, the court26may fix a term of imprisonment as follows:27(a) For a class B felony, the term must be at least three years and28must not exceed eight years;29(b) For a class C felony, the term must be at least two and one-half30years and must not exceed five years;31(c) For a class D felony, the term must be at least two years and must32not exceed three years;33(d) For a class E felony, the term must be at least one and one-half34years and must not exceed two years.359. Where a court would otherwise be required to impose a sentence for36a class B, C, D or E felony offense pursuant to section 70.00 of this37title, the court may impose a sentence in accordance with the provisions38of subdivision two of section 70.70 of this title.3910. Except as provided in subdivision seven of this section, where a40court would otherwise be required to impose a sentence pursuant to41subdivision three of section 70.06 of this title, the court may impose a42sentence in accordance with the provisions of subdivision three of43section 70.70 of this title.4411. Where a court would otherwise be required to impose a sentence45pursuant to subdivision three of section 70.06 of this title, where the46prior felony conviction was for a felony offense defined in section4770.02 of this title, the court may impose a sentence in accordance with48the provisions of subdivision four of section 70.70 of this title.] 49 § 30. Subdivision h of section 74 of chapter 3 of the laws of 1995, 50 amending the correction law and other laws relating to the incarceration 51 fee, as amended by section 8 of part A of chapter 55 of the laws of 52 2021, is amended to read as follows: 53 h. Section fifty-two of this act shall be deemed to have been in full 54 force and effect on and after April 1, 1995; provided, however, that the 55 provisions of section 189 of the correction law, as amended by section 56 fifty-five of this act[, subdivision 5 of section 60.35 of the penalS. 6471 27 1law, as amended by section fifty-six of this act,] and section fifty- 2 seven of this act shall expire September 1, 2023, when upon such date 3 the amendments to the correction law [and penal law] made by [sections] 4 section fifty-five [and fifty-six] of this act shall revert to and be 5 read as if the provisions of this act had not been enacted; provided, 6 however, that sections sixty-two, sixty-three and sixty-four of this act 7 shall be deemed to have been in full force and effect on and after March 8 1, 1995 and shall be deemed repealed April 1, 1996 and upon such date 9 the provisions of subsection (e) of section 9110 of the insurance law 10 and subdivision 2 of section 89-d of the state finance law shall revert 11 to and be read as set out in law on the date immediately preceding the 12 effective date of sections sixty-two and sixty-three of this act; 13 § 31. Section 65.00 of the penal law, subdivisions 1 and 2 as amended 14 by chapter 835 of the laws of 1974, the opening paragraph of paragraph 15 (a) of subdivision 1 as amended by chapter 738 of the laws of 2004, the 16 opening paragraph of paragraph (b) of subdivision 1 as amended by 17 section 19 and subparagraph (ii) of paragraph (a) of subdivision 3 as 18 amended by section 20 of part AAA of chapter 56 of the laws of 2009, the 19 closing paragraph of subdivision 1 as amended by chapter 3 of the laws 20 of 1995, subdivision 3 as amended by chapter 264 of the laws of 2003, 21 subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and 22 paragraph (d) of subdivision 3 as amended by chapter 556 of the laws of 23 2013, paragraph (c) of subdivision 3 as amended by chapter 568 of the 24 laws of 2004, the closing paragraph of subdivision 3 as amended by chap- 25 ter 320 of the laws of 2006, subdivision 4 as amended by chapter 17 of 26 the laws of 2014, and subdivision 5 as amended by chapter 264 of the 27 laws of 2003 and as renumbered by chapter 556 of the laws of 2013, is 28 amended to read as follows: 29 § 65.00 Sentence of probation. 30 1. [Criteria. (a) Except as otherwise required by section 60.04 or3160.05 of this title, and except as provided by paragraph (b) hereof, the32court may sentence a person to a period of probation upon conviction of33any crime if the court, having regard to the nature and circumstances of34the crime and to the history, character and condition of the defendant,35is of the opinion that:36(i) Institutional confinement for the term authorized by law of the37defendant is or may not be necessary for the protection of the public;38(ii) the defendant is in need of guidance, training or other assist-39ance which, in his case, can be effectively administered through40probation supervision; and41(iii) such disposition is not inconsistent with the ends of justice.42(b) The court, with the concurrence of either the administrative judge43of the court or of the judicial district within which the court is situ-44ated or such administrative judge as the presiding justice of the appro-45priate appellate division shall designate, may sentence a person to a46period of probation upon conviction of a class A-II felony defined in47article two hundred twenty, the class B felony defined in section 220.4848of this chapter or any other class B felony defined in article two49hundred twenty of this chapter where the person is a second felony drug50offender as defined in paragraph (b) of subdivision one of section 70.7051of this chapter, if the prosecutor either orally on the record or in a52writing filed with the indictment recommends that the court sentence53such person to a period of probation upon the ground that such person54has or is providing material assistance in the investigation, apprehen-55sion or prosecution of any person for a felony defined in article two56hundred twenty or the attempt or the conspiracy to commit any such felo-S. 6471 28 1ny, and if the court, having regard to the nature and circumstances of2the crime and to the history, character and condition of the defendant3is of the opinion that:4(i) Institutional confinement of the defendant is not necessary for5the protection of the public;6(ii) The defendant is in need of guidance, training or other assist-7ance which, in his case, can be effectively administered through8probation supervision;9(iii) The defendant has or is providing material assistance in the10investigation, apprehension or prosecution of a person for a felony11defined in article two hundred twenty or the attempt or conspiracy to12commit any such felony; and13(iv) Such disposition is not inconsistent with the ends of justice.14Provided, however, that the court shall not, except to the extent15authorized by paragraph (d) of subdivision two of section 60.01 of this16chapter, impose a sentence of probation in any case where it sentences a17defendant for more than one crime and imposes a sentence of imprisonment18for any one of the crimes, or where the defendant is subject to an19undischarged indeterminate or determinate sentence of imprisonment which20was imposed at a previous time by a court of this state and has more21than one year to run.222.] Sentence. When a person is sentenced to a period of probation the 23 court shall, except to the extent authorized by paragraph (d) of subdi- 24 vision two of section 60.01 of this chapter, impose the period author- 25 ized by subdivision [three] two of this section and shall specify, in 26 accordance with section 65.10, the conditions to be complied with. The 27 court may modify or enlarge the conditions or, if the defendant commits 28 an additional offense or violates a condition, revoke the sentence at 29 any time prior to the expiration or termination of the period of 30 probation. 31 [3.] 2. Periods of probation. Unless terminated sooner in accordance 32 with the criminal procedure law, the period of probation shall be as 33 follows: 34 (a) (i) For a felony, other than a class A-II felony defined in arti- 35 cle two hundred twenty of this chapter or the class B felony defined in 36 section 220.48 of this chapter, [or any other class B felony defined in37article two hundred twenty of this chapter committed by a second felony38drug offender,] or a sexual assault, the period of probation shall [be a39term of three, four or] not exceed five years; 40 (ii) For a class A-II felony drug offender as defined in paragraph (a) 41 of subdivision one of section 70.71 of this chapter [as described in42paragraph (b) of subdivision one of this section, or a class B felony43committed by a second felony drug offender described in paragraph (b) of44subdivision one of this section, the], any period of probation [shall be45life] may be imposed and for a class B felony defined in section 220.48 46 of this chapter, the period of probation shall [be] not exceed twenty- 47 five years; 48 (iii) For a felony sexual assault, the period of probation shall [be] 49 not exceed ten years. 50 (b) (i) For a class A misdemeanor, other than a sexual assault, the 51 period of probation shall [be] not exceed a term of [two or] three 52 years; 53 (ii) For a class A misdemeanor sexual assault, the period of probation 54 shall [be] not exceed six years. 55 (c) For a class B misdemeanor, the period of probation shall [be] not 56 exceed one year, except the period of probation shall [be no less thanS. 6471 29 1one year and no more than] not exceed three years for the class B misde- 2 meanor of public lewdness as defined in section 245.00 of this chapter; 3 (d) For an unclassified misdemeanor, the period of probation shall 4 [be] not exceed a term of [two or] three years if the authorized 5 sentence of imprisonment is in excess of three months, otherwise the 6 period of probation shall [be] not exceed one year. 7 For the purposes of this section, the term "sexual assault" means an 8 offense defined in article one hundred thirty or two hundred sixty- 9 three, or in section 255.25, 255.26 or 255.27 of this chapter, or an 10 attempt to commit any of the foregoing offenses. 11 [4.] 3. If during the periods of probation referenced in subparagraph 12 (i) of paragraph (a), subparagraph (i) of paragraph (b) and paragraph 13 (d) of subdivision [three] two of this section an alleged violation is 14 sustained following a hearing pursuant to section 410.70 of the criminal 15 procedure law and the court continues or modifies the sentence, the 16 court may extend the remaining period of probation up to the maximum 17 term authorized by this section. Provided, however, a defendant shall 18 receive credit for the time during which he or she was supervised under 19 the original probation sentence prior to any declaration of delinquency 20 and for any time spent in custody pursuant to this article for an 21 alleged violation of probation. 22 [5.] 4. In any case where a court pursuant to its authority under 23 subdivision four of section 60.01 of this chapter revokes probation and 24 sentences such person to imprisonment and probation, as provided in 25 paragraph (d) of subdivision two of section 60.01 of this chapter, the 26 period of probation shall be the remaining period of the original 27 probation sentence or one year whichever is greater. 28 § 32. Section 65.05 of the penal law, subdivision 1 as added by chap- 29 ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi- 30 sion 2 as amended by chapter 742 of the laws of 1981 and subdivision 3 31 as amended by chapter 618 of the laws of 1992, is amended to read as 32 follows: 33 § 65.05 Sentence of conditional discharge. 34 1. [Criteria. (a) Except as otherwise required by section 60.05, the35court may impose a sentence of conditional discharge for an offense if36the court, having regard to the nature and circumstances of the offense37and to the history, character and condition of the defendant, is of the38opinion that neither the public interest nor the ends of justice would39be served by a sentence of imprisonment and that probation supervision40is not appropriate.41(b) When a sentence of conditional discharge is imposed for a felony,42the court shall set forth in the record the reasons for its action.432.] Sentence. Except to the extent authorized by paragraph (d) of 44 subdivision two of section 60.01 of this [chapter] title, when the court 45 imposes a sentence of conditional discharge the defendant shall be 46 released with respect to the conviction for which the sentence is 47 imposed without imprisonment or probation supervision but subject, 48 during the period of conditional discharge, to such conditions as the 49 court may determine. The court shall impose the period of conditional 50 discharge authorized by subdivision [three] two of this section and 51 shall specify, in accordance with section 65.10 of this article, the 52 conditions to be complied with. If a defendant is sentenced pursuant to 53 paragraph (e) of subdivision two of section 65.10 of this [chapter] 54 article, the court shall require the administrator of the program to 55 provide written notice to the court of any violation of program partic- 56 ipation by the defendant. The court may modify or enlarge the conditionsS. 6471 30 1 or, if the defendant commits an additional offense or violates a condi- 2 tion, revoke the sentence at any time prior to the expiration or termi- 3 nation of the period of conditional discharge. 4 [3.] 2. Periods of conditional discharge. Unless terminated sooner in 5 accordance with the criminal procedure law, the period of conditional 6 discharge shall be as follows: 7 (a) [Three] Up to three years in the case of a felony; and 8 (b) [One] Up to one year in the case of a misdemeanor or a violation. 9 Where the court has required, as a condition of the sentence, that the 10 defendant make restitution of the fruits of his or her offense or make 11 reparation for the loss caused thereby and such condition has not been 12 satisfied, the court, at any time prior to the expiration or termination 13 of the period of conditional discharge, may impose an additional period. 14 The length of the additional period shall be fixed by the court at the 15 time it is imposed and shall not be more than two years. All of the 16 incidents of the original sentence, including the authority of the court 17 to modify or enlarge the conditions, shall continue to apply during such 18 additional period. 19 § 33. Section 65.20 of the penal law is amended to read as follows: 20 § 65.20 Sentence of unconditional discharge. 21 [1. Criteria. The court may impose a sentence of unconditional22discharge in any case where it is authorized to impose a sentence of23conditional discharge under section 65.05 if the court is of the opinion24that no proper purpose would be served by imposing any condition upon25the defendant's release.26When a sentence of unconditional discharge is imposed for a felony,27the court shall set forth in the record the reasons for its action.282. Sentence.] When the court imposes a sentence of unconditional 29 discharge, the defendant shall be released with respect to the 30 conviction for which the sentence is imposed without imprisonment, fine 31 or probation supervision. A sentence of unconditional discharge is for 32 all purposes a final judgment of conviction. 33 § 34. Subdivision 2 of section 85.00 of the penal law, as added by 34 chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277 35 of the laws of 1973, is amended to read as follows: 36 2. Authorization for use of sentence. The court may impose a sentence 37 of intermittent imprisonment in any case where: 38 (a) [the court is imposing sentence, upon a person other than a second39or persistent felony offender, for a class D or class E felony or for40any offense that is not a felony; and41(b)] the court is not imposing any other sentence of imprisonment upon 42 the defendant at the same time; and 43 [(c)] (b) the defendant is not under any other sentence of imprison- 44 ment with a term in excess of fifteen days imposed by any other court[;45and]. 46 § 35. Subdivisions 3, 4 and 5 of section 485.10 of the penal law, 47 subdivisions 3 and 4 as added by chapter 107 of the laws of 2000 and 48 subdivision 5 as amended by chapter 624 of the laws of 2022, are amended 49 to read as follows: 50 3. [Notwithstanding any other provision of law, when a person is51convicted of a hate crime pursuant to this article and the specified52offense is a class B felony:53(a) the maximum term of the indeterminate sentence must be at least54six years if the defendant is sentenced pursuant to section 70.00 of55this chapter;S. 6471 31 1(b) the term of the determinate sentence must be at least eight years2if the defendant is sentenced pursuant to section 70.02 of this chapter;3(c) the term of the determinate sentence must be at least twelve years4if the defendant is sentenced pursuant to section 70.04 of this chapter;5(d) the maximum term of the indeterminate sentence must be at least6four years if the defendant is sentenced pursuant to section 70.05 of7this chapter; and8(e) the maximum term of the indeterminate sentence or the term of the9determinate sentence must be at least ten years if the defendant is10sentenced pursuant to section 70.06 of this chapter.114. Notwithstanding any other provision of law, when a person is12convicted of a hate crime pursuant to this article and the specified13offense is a class A-1 felony, the minimum period of the indeterminate14sentence shall be not less than twenty years.155.] In addition to any of the dispositions authorized by this chapter, 16 the court shall require as part of the sentence imposed upon a person 17 convicted of a hate crime pursuant to this article, that the defendant 18 complete a program, training session or counseling session directed at 19 hate crime prevention and education, where the court determines such 20 program, training session or counseling session is appropriate, avail- 21 able and was developed or authorized by the court or local agencies in 22 cooperation with organizations serving the affected community. 23 § 36. Paragraph (d) of subdivision 2 of section 490.25 of the penal 24 law is REPEALED. 25 § 37. Sections 220.35, 400.15, 400.16, 400.19, 400.20 and 400.21 of 26 the criminal procedure law are REPEALED. 27 § 38. Subdivision 6 of section 2 of the correction law, as amended by 28 chapter 476 of the laws of 1970, is amended to read as follows: 29 6. "Residential treatment facility". A correctional facility consist- 30 ing of a community based residence in or near a community where employ- 31 ment, educational and training opportunities are readily available for 32 persons who [are on parole or conditional release and for persons who] 33 are or who will soon be eligible for release on parole who intend to 34 reside in or near that community when released. 35 § 39. Subdivision 10 of section 73 of the correction law is REPEALED. 36 § 40. Subdivision 1 of section 865 of the correction law, as amended 37 by chapter 322 of the laws of 2021, is amended to read as follows: 38 1. "Eligible incarcerated individual" means a person sentenced to an 39 indeterminate term of imprisonment who will become eligible for release 40 on parole within three years or sentenced to a determinate term of 41 imprisonment who will become eligible for conditional release within 42 three years[, who has not reached the age of fifty years, who has not43previously been convicted of a violent felony as defined in article44seventy of the penal law, or a felony in any other jurisdiction which45includes all of the essential elements of any such violent felony, upon46which an indeterminate or determinate term of imprisonment was imposed47and who was between the ages of sixteen and fifty years at the time of48commission of the crime upon which his or her present sentence was49based. Notwithstanding the foregoing, no person who is convicted of any50of the following crimes shall be deemed eligible to participate in this51program: (a) a violent felony offense as defined in article seventy of52the penal law; provided, however, that a person who is convicted of53burglary in the second degree as defined in subdivision two of section54140.25 of the penal law, or robbery in the second degree as defined in55subdivision one of section 160.10 of the penal law, or an attempt there-56of, is eligible to participate, (b) an A-I felony offense, (c) any homi-S. 6471 32 1cide offense as defined in article one hundred twenty-five of the penal2law, (d) any felony sex offense as defined in article one hundred thirty3of the penal law and (e) any escape or absconding offense as defined in4article two hundred five of the penal law]. 5 § 41. Section 220.10 of the criminal procedure law, as amended by 6 chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410 7 of the laws of 1979, subparagraph (i) of paragraph (a) of subdivision 5 8 as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi- 9 sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of 10 paragraph (d) of subdivision 5 as amended by chapter 189 of the laws of 11 2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws 12 of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended 13 by chapter 264 of the laws of 2003, the second undesignated paragraph of 14 paragraph (g) of subdivision 5 as amended by chapter 920 of the laws of 15 1982, the closing paragraph of paragraph (g) of subdivision 5 as amended 16 by chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5 as 17 added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5 18 as amended by chapter 322 of the laws of 2021 and subdivision 6 as added 19 by chapter 548 of the laws of 1980, is amended to read as follows: 20 § 220.10 Plea; kinds of pleas. 21 The only kinds of pleas which may be entered to an indictment are 22 those specified in this section: 23 1. The defendant may as a matter of right enter a plea of "not guilty" 24 to the indictment. 25 2. [Except as provided in subdivision five, the] The defendant may as 26 a matter of right enter a plea of "guilty" to the entire indictment. 27 3. [Except as provided in subdivision five, where] Where the indict- 28 ment charges but one crime, the defendant may, with [both] either the 29 permission of the court [and] in furtherance of justice in accordance 30 with the factors outlined in subdivision one of section 210.40 of this 31 part, or the consent of the people with the permission of the court, 32 enter a plea of guilty of a lesser included offense. 33 4. [Except as provided in subdivision five, where] Where the indict- 34 ment charges two or more offenses in separate counts, the defendant may, 35 with [both] either the permission of the court [and] in furtherance of 36 justice in accordance with the factors outlined in subdivision one of 37 section 210.40 of this part, or the consent of the people with the 38 permission of the court, enter a plea of: 39 (a) Guilty of one or more but not all of the offenses charged; or 40 (b) Guilty of a lesser included offense with respect to any or all of 41 the offenses charged; or 42 (c) Guilty of any combination of offenses charged and lesser offenses 43 included within other offenses charged. 44 5. [(a) (i) Where the indictment charges one of the class A felonies45defined in article two hundred twenty of the penal law or the attempt to46commit any such class A felony, then any plea of guilty entered pursuant47to subdivision three or four of this section must be or must include at48least a plea of guilty of a class B felony.49(iii) Where the indictment charges one of the class B felonies defined50in article two hundred twenty of the penal law then any plea of guilty51entered pursuant to subdivision three or four must be or must include at52least a plea of guilty of a class D felony.53(b) Where the indictment charges any class B felony, other than a54class B felony defined in article two hundred twenty of the penal law or55a class B violent felony offense as defined in subdivision one of56section 70.02 of the penal law, then any plea of guilty entered pursuantS. 6471 33 1to subdivision three or four must be or must include at least a plea of2guilty of a felony.3(c) Where the indictment charges a felony, other than a class A felony4or class B felony defined in article two hundred twenty of the penal law5or class B or class C violent felony offense as defined in subdivision6one of section 70.02 of the penal law, and it appears that the defendant7has previously been subjected to a predicate felony conviction as8defined in penal law section 70.06 then any plea of guilty entered9pursuant to subdivision three or four must be or must include at least a10plea of guilty of a felony.11(d) Where the indictment charges a class A felony, other than those12defined in article two hundred twenty of the penal law, or charges a13class B or class C violent felony offense as defined in subdivision one14of section 70.02 of the penal law, then a plea of guilty entered pursu-15ant to subdivision three or four must be as follows:16(i) Where the indictment charges a class A felony offense or a class B17violent felony offense which is also an armed felony offense then a plea18of guilty must include at least a plea of guilty to a class C violent19felony offense;20(ii) Except as provided in subparagraph (i) of this paragraph, where21the indictment charges a class B violent felony offense or a class C22violent felony offense, then a plea of guilty must include at least a23plea of guilty to a class D violent felony offense;24(iii) Where the indictment charges the class D violent felony offense25of criminal possession of a weapon in the third degree as defined in26subdivision four of section 265.02 of the penal law, and the defendant27has not been previously convicted of a class A misdemeanor defined in28the penal law in the five years preceding the commission of the offense,29then a plea of guilty must be either to the class E violent felony30offense of attempted criminal possession of a weapon in the third degree31or to the class A misdemeanor of criminal possession of a weapon in the32fourth degree as defined in subdivision one of section 265.01 of the33penal law;34(iv) Where the indictment charges the class D violent felony offenses35of criminal possession of a weapon in the third degree as defined in36subdivision four of section 265.02 of the penal law and the provisions37of subparagraph (iii) of this paragraph do not apply, or subdivision38five, seven or eight of section 265.02 of the penal law, then a plea of39guilty must include at least a plea of guilty to a class E violent felo-40ny offense.41(e) A defendant may not enter a plea of guilty to the crime of murder42in the first degree as defined in section 125.27 of the penal law;43provided, however, that a defendant may enter such a plea with both the44permission of the court and the consent of the people when the agreed45upon sentence is either life imprisonment without parole or a term of46imprisonment for the class A-I felony of murder in the first degree47other than a sentence of life imprisonment without parole.48(f) The provisions of this subdivision shall apply irrespective of49whether the defendant is thereby precluded from entering a plea of guil-50ty of any lesser included offense.51(g)] Where the defendant is a juvenile offender, [the provisions of52paragraphs (a), (b), (c) and (d) of this subdivision shall not apply53and] any plea entered pursuant to subdivision three or four of this 54 section, must be as follows: 55 [(i)] (a) If the indictment charges a person fourteen or fifteen years 56 old with the crime of murder in the second degree any plea of guiltyS. 6471 34 1 entered pursuant to subdivision three or four must be a plea of guilty 2 of a crime for which the defendant is criminally responsible; 3 [(ii)] (b) If the indictment does not charge a crime specified in 4 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, then 5 any plea of guilty entered pursuant to subdivision three or four of this 6 section must be a plea of guilty of a crime for which the defendant is 7 criminally responsible unless a plea of guilty is accepted pursuant to 8 [subparagraph (iii)] paragraph (c) of this [paragraph] subdivision; 9 [(iii)] (c) Where the indictment does not charge a crime specified in 10 [subparagraph (i)] paragraph (a) of this [paragraph] subdivision, the 11 district attorney may recommend removal of the action to the family 12 court. Upon making such recommendation the district attorney shall 13 submit a subscribed memorandum setting forth: [(1)] (i) a recommendation 14 that the interests of justice would best be served by removal of the 15 action to the family court; and [(2)] (ii) if the indictment charges a 16 thirteen year old with the crime of murder in the second degree, or a 17 fourteen or fifteen year old with the crimes of rape in the first degree 18 as defined in subdivision one of section 130.35 of the penal law, or 19 criminal sexual act in the first degree as defined in subdivision one of 20 section 130.50 of the penal law, or an armed felony as defined in para- 21 graph (a) of subdivision forty-one of section 1.20 of this chapter 22 specific factors, one or more of which reasonably supports the recommen- 23 dation, showing, [(i)] (1) mitigating circumstances that bear directly 24 upon the manner in which the crime was committed, or [(ii)] (2) where 25 the defendant was not the sole participant in the crime, that the 26 defendant's participation was relatively minor although not so minor as 27 to constitute a defense to the prosecution, or [(iii)] (3) possible 28 deficiencies in proof of the crime, or [(iv)] (4) where the juvenile 29 offender has no previous adjudications of having committed a designated 30 felony act, as defined in subdivision eight of section 301.2 of the 31 family court act, regardless of the age of the offender at the time of 32 commission of the act, that the criminal act was not part of a pattern 33 of criminal behavior and, in view of the history of the offender, is not 34 likely to be repeated. 35 If the court is of the opinion based on specific factors set forth in 36 the district attorney's memorandum that the interests of justice would 37 best be served by removal of the action to the family court, a plea of 38 guilty of a crime or act for which the defendant is not criminally 39 responsible may be entered pursuant to subdivision three or four of this 40 section, except that a thirteen year old charged with the crime of 41 murder in the second degree may only plead to a designated felony act, 42 as defined in subdivision eight of section 301.2 of the family court 43 act. 44 Upon accepting any such plea, the court must specify upon the record 45 the portion or portions of the district attorney's statement the court 46 is relying upon as the basis of its opinion and that it believes the 47 interests of justice would best be served by removal of the proceeding 48 to the family court. Such plea shall then be deemed to be a juvenile 49 delinquency fact determination and the court upon entry thereof must 50 direct that the action be removed to the family court in accordance with 51 the provisions of article seven hundred twenty-five of this chapter. 52 [(g-1) Where a defendant is an adolescent offender, the provisions of53paragraphs (a), (b), (c) and (d) of this subdivision shall not apply.] 54 5-a. Where the plea is to an offense constituting a misdemeanor, the 55 plea shall be deemed replaced by an order of fact-finding in a juvenile 56 delinquency proceeding, pursuant to section 346.1 of the family courtS. 6471 35 1 act, and the action shall be removed to the family court in accordance 2 with article seven hundred twenty-five of this chapter. Where the plea 3 is to an offense constituting a felony, the court may remove the action 4 to the family court in accordance with section 722.23 and article seven 5 hundred twenty-five of this chapter. 6 [(h) Where the indictment charges the class E felony offense of aggra-7vated harassment of an employee by an incarcerated individual as defined8in section 240.32 of the penal law, then a plea of guilty must include9at least a plea of guilty to a class E felony.] 10 6. The defendant may, with both the permission of the court and the 11 consent of the people, enter a plea of not responsible by reason of 12 mental disease or defect to the indictment in the manner prescribed in 13 section 220.15 of this chapter. 14 § 42. Subdivision 3 of section 220.30 of the criminal procedure law is 15 REPEALED. 16 § 43. Section 430.20 of the criminal procedure law is amended by 17 adding a new subdivision 1-a to read as follows: 18 1-a. Time calculation. (a) If at the time of sentencing the defendant 19 is at liberty, and has accrued jail time credit such that the time 20 accrued may be equal to or exceed the amount of time the defendant would 21 be required to serve to reach the conditional release date of a defi- 22 nite, indeterminate, or determinate sentence, or any jail portion of a 23 sentence of probation pursuant to the sentence or sentences to be 24 imposed, the court shall proceed to impose sentence but shall not commit 25 the defendant to custody, or if the defendant is in custody at the time 26 of sentencing the court shall, upon the defendant's request, release the 27 defendant pending further order of the court. The court shall direct the 28 department of corrections and community supervision, sheriff, or the New 29 York city commissioner of corrections to promptly calculate the jail 30 time credit under section 70.30 of the penal law and determine the good 31 time credit pursuant to section 70.40 of the penal law and sections 32 eight hundred three and eight hundred four of the correction law and 33 certify such credit to the sentencing court. If the credit so certified 34 is sufficient to satisfy the conditional release date of the sentence or 35 sentences imposed by the court, the defendant shall not be further 36 committed to custody pursuant to such sentence or sentences, except as 37 otherwise expressly provided by law. 38 (b) Where the defendant is otherwise subject to probation, parole, 39 conditional release or post-release supervision under the terms of the 40 court's sentence, the court shall direct the defendant to appear forth- 41 with at the office of the department of corrections and community super- 42 vision or a local probation department. The terms of such probation, 43 parole, conditional release or post-release supervision shall be estab- 44 lished by the court, the department of corrections and community super- 45 vision, or the local probation department, without commitment of the 46 defendant. 47 § 44. This act shall take effect immediately.
