N.Y. PEN Law § 70.30 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.30
Calculation of terms of imprisonment
Status: in_force

§ 70.30 Calculation of terms of imprisonment.\n  1. * Indeterminate or determinate sentences.\n  * NB Effective until September 1, 2027\n  * Indeterminate sentences.\n  * NB Effective September 1, 2027\n  * An indeterminate or determinate sentence of imprisonment commences\nwhen the prisoner is received in an institution under the jurisdiction\nof the state department of corrections and community supervision. Where\na person is under more than one indeterminate or determinate sentence,\nthe sentences shall be calculated as follows:\n  * NB Effective until September 1, 2027\n  * An indeterminate sentence of imprisonment commences when the\nprisoner is received in an institution under the jurisdiction of the\nstate department of corrections and community supervision. Where a\nperson is under more than one indeterminate sentence, the sentences\nshall be calculated as follows:\n  * NB Effective September 1, 2027\n  * (a) If the sentences run concurrently, the time served under\nimprisonment on any of the sentences shall be credited against the\nminimum periods of all the concurrent indeterminate sentences and\nagainst the terms of all the concurrent determinate sentences. The\nmaximum term or terms of the indeterminate sentences and the term or\nterms of the determinate sentences shall merge in and be satisfied by\ndischarge of the term which has the longest unexpired time to run;\n  * NB Effective until September 1, 2027\n  * (a) If the sentences run concurrently, the time served under\nimprisonment on any of the sentences shall be credited against the\nminimum periods of all the concurrent sentences, and the maximum terms\nmerge in and are satisfied by discharge of the term which has the\nlongest unexpired time to run;\n  * NB Effective September 1, 2027\n  * (b) If the defendant is serving two or more indeterminate sentences\nwhich run consecutively, the minimum periods of imprisonment are added\nto arrive at an aggregate minimum period of imprisonment equal to the\nsum of all the minimum periods, and the maximum terms are added to\narrive at an aggregate maximum term equal to the sum of all the maximum\nterms, provided, however, that both the aggregate maximum term and the\naggregate minimum period of imprisonment shall be subject to the\nlimitations set forth in paragraphs (e) and (f) of this subdivision,\nwhere applicable;\n  * NB Effective until September 1, 2027\n  * (b) If the sentences run consecutively, the minimum periods of\nimprisonment are added to arrive at an aggregate minimum period of\nimprisonment equal to the sum of all the minimum periods, and the\nmaximum terms are added to arrive at an aggregate maximum term equal to\nthe sum of all the maximum terms, provided, however, that both the\naggregate maximum term and the aggregate minimum period of imprisonment\nshall be subject to the limitations set forth in paragraphs (c) and (d)\nof this subdivision, where applicable;\n  * NB Effective September 1, 2027\n  * (c) If the defendant is serving two or more determinate sentences of\nimprisonment which run consecutively, the terms of the determinate\nsentences are added to arrive at an aggregate maximum term of\nimprisonment, provided, however, that the aggregate maximum term of\nimprisonment shall be subject to the limitations set forth in paragraphs\n(e) and (f) of this subdivision, where applicable.\n  * NB Effective until September 1, 2027\n  * (c) (i) Except as provided in subparagraph (ii) or (iii) of this\nparagraph, the aggregate maximum term of consecutive sentences imposed\nfor two or more crimes, other than two or more crimes that include a\nclass A felony, committed prior to the time the person was imprisoned\nunder any of such sentences shall, if it exceeds twenty years, be deemed\nto be twenty years, unless one of the sentences was imposed for a class\nB felony, in which case the aggregate maximum term shall, if it exceeds\nthirty years, be deemed to be thirty years. Where the aggregate maximum\nterm of two or more consecutive sentences is reduced by calculation made\npursuant to this paragraph, the aggregate minimum period of\nimprisonment, if it exceeds one-half of the aggregate maximum term as so\nreduced, shall be deemed to be one-half of the aggregate maximum term as\nso reduced;\n  (ii) Notwithstanding subparagraph (i) of this paragraph, the aggregate\nmaximum term of consecutive sentences imposed for the conviction of two\nviolent felony offenses committed prior to the time the person was\nimprisoned under any of such sentences and one of which is a class B\nviolent felony offense, shall, if it exceeds forty years, be deemed to\nbe forty years;\n  (iii) Notwithstanding subparagraphs (i) and (ii) of this paragraph,\nthe aggregate maximum term of consecutive sentences imposed for the\nconviction of three or more violent felony offenses committed prior to\nthe time the person was imprisoned under any of such sentences and one\nof which is a class B violent felony offense, shall, if it exceeds fifty\nyears, be deemed to be fifty years;\n  * NB Effective September 1, 2027\n  * (d) If the defendant is serving one or more indeterminate sentences\nof imprisonment and one or more determinate sentence of imprisonment\nwhich run consecutively, the minimum term or terms of the indeterminate\nsentence or sentences and the term or terms of the determinate sentence\nor sentences are added to arrive at an aggregate maximum term of\nimprisonment, provided, however, (i) that in no event shall the\naggregate maximum so calculated be less than the term or maximum term of\nimprisonment of the sentence which has the longest unexpired time to\nrun; and (ii) that the aggregate maximum term of imprisonment shall be\nsubject to the limitations set forth in paragraphs (e) and (f) of this\nsubdivision, where applicable.\n  * NB Effective until September 1, 2027\n  * (d) The aggregate maximum term of consecutive sentences imposed upon\na juvenile offender for two or more crimes, not including a class A\nfelony, committed before he has reached the age of sixteen, shall, if it\nexceeds ten years, be deemed to be ten years. If consecutive\nindeterminate sentences imposed upon a juvenile offender include a\nsentence for the class A felony of arson in the first degree or for the\nclass A felony of kidnapping in the first degree, then the aggregate\nmaximum term of such sentences shall, if it exceeds fifteen years, be\ndeemed to be fifteen years. Where the aggregate maximum term of two or\nmore consecutive sentences is reduced by a calculation made pursuant to\nthis paragraph, the aggregate minimum period of imprisonment, if it\nexceeds one-half of the aggregate maximum term as so reduced, shall be\ndeemed to be one-half of the aggregate maximum term as so reduced.\n  * NB Effective September 1, 2027\n  * (e) (i) Except as provided in subparagraph (ii), (iii), (iv), (v),\n(vi) or (vii) of this paragraph, the aggregate maximum term of\nconsecutive sentences, all of which are indeterminate sentences or all\nof which are determinate sentences, imposed for two or more crimes,\nother than two or more crimes that include a class A felony, committed\nprior to the time the person was imprisoned under any of such sentences\nshall, if it exceeds twenty years, be deemed to be twenty years, unless\none of the sentences was imposed for a class B felony, in which case the\naggregate maximum term shall, if it exceeds thirty years, be deemed to\nbe thirty years. Where the aggregate maximum term of two or more\nindeterminate consecutive sentences is reduced by calculation made\npursuant to this paragraph, the aggregate minimum period of\nimprisonment, if it exceeds one-half of the aggregate maximum term as so\nreduced, shall be deemed to be one-half of the aggregate maximum term as\nso reduced;\n  (ii) Where the aggregate maximum term of two or more consecutive\nsentences, one or more of which is a determinate sentence and one or\nmore of which is an indeterminate sentence, imposed for two or more\ncrimes, other than two or more crimes that include a class A felony,\ncommitted prior to the time the person was imprisoned under any of such\nsentences, exceeds twenty years, and none of the sentences was imposed\nfor a class B felony, the following rules shall apply:\n  (A) if the aggregate maximum term of the determinate sentence or\nsentences exceeds twenty years, the defendant shall be deemed to be\nserving to a determinate sentence of twenty years.\n  (B) if the aggregate maximum term of the determinate sentence or\nsentences is less than twenty years, the defendant shall be deemed to be\nserving an indeterminate sentence the maximum term of which shall be\ndeemed to be twenty years. In such instances, the minimum sentence shall\nbe deemed to be ten years or six-sevenths of the term or aggregate\nmaximum term of the determinate sentence or sentences, whichever is\ngreater.\n  (iii) Where the aggregate maximum term of two or more consecutive\nsentences, one or more of which is a determinate sentence and one or\nmore of which is an indeterminate sentence, imposed for two or more\ncrimes, other than two or more crimes that include a class A felony,\ncommmitted prior to the time the person was imprisoned under any of such\nsentences, exceeds thirty years, and one of the sentences was imposed\nfor a class B felony, the following rules shall apply:\n  (A) if the aggregate maximum term of the determinate sentence or\nsentences exceeds thirty years, the defendant shall be deemed to be\nserving a determinate sentence of thirty years;\n  (B) if the aggregate maximum term of the determinate sentence or\nsentences is less than thirty years, the defendant shall be deemed to be\nserving an indeterminate sentence the maximum term of which shall be\ndeemed to be thirty years. In such instances, the minimum sentence shall\nbe deemed to be fifteen years or six-sevenths of the term or aggregate\nmaximum term of the determinate sentence or sentences, whichever is\ngreater.\n  (iv) Notwithstanding subparagraph (i) of this paragraph, the aggregate\nmaximum term of consecutive sentences, all of which are indeterminate\nsentences or all of which are determinate sentences, imposed for the\nconviction of two violent felony offenses committed prior to the time\nthe person was imprisoned under any of such sentences and one of which\nis a class B violent felony offense, shall, if it exceeds forty years,\nbe deemed to be forty years\n  (v) Notwithstanding subparagraphs (ii) and (iii) of this paragraph,\nwhere the aggregate maximum term of two or more consecutive sentences,\none or more of which is a determinate sentence and one or more of which\nis an indeterminate sentence, and where such sentences are imposed for\nthe conviction of two violent felony offenses committed prior to the\ntime the person was imprisoned under any such sentences and where one of\nwhich is a class B violent felony offense, the following rules shall\napply:\n  (A) if the aggregate maximum term of the determinate sentence or\nsentences exceeds forty years, the defendant shall be deemed to be\nserving a determinate sentence of forty years;\n  (B) if the aggregate maximum term of the determinate sentence or\nsentences is less than forty years, the defendant shall be deemed to be\nserving an indeterminate sentence the maximum term of which shall be\ndeemed to be forty years. In such instances, the minimum sentence shall\nbe deemed to be twenty years or six-sevenths of the term or aggregate\nmaximum term of the determinate sentence or sentences, whichever is\ngreater.\n  (vi) Notwithstanding subparagraphs (i) and (iv) of this paragraph, the\naggregate maximum term of consecutive sentences, all of which are\nindeterminate or all of which are determinate sentences, imposed for the\nconviction of three or more violent felony offenses committed prior to\nthe time the person was imprisoned under any of such sentences and one\nof which is a class B violent felony offense, shall, if it exceeds fifty\nyears, be deemed to be fifty years;\n  (vii) Notwithstanding subparagraphs (ii), (iii) and (v) of this\nparagraph, where the aggregate maximum term of two or more consecutive\nsentences, one or more of which is a determinate sentence and one or\nmore of which is an indeterminate sentence, and where such sentences are\nimposed for the conviction of three or more violent felony offenses\ncommitted prior to the time the person was imprisoned under any such\nsentences and one of which is a class B violent felony offense, the\nfollowing rules shall apply:\n  (A) if the aggregate maximum term of the determinate sentence or\nsentences exceeds fifty years, the defendant shall be deemed to be\nserving a determinate sentence of fifty years.\n  (B) if the aggregate maximum term of the determinate sentence or\nsentences is less than fifty years, the defendant shall be deemed to be\nserving an indeterminate sentence the maximum term of which shall be\ndeemed to be fifty years. In such instances, the minimum sentence shall\nbe deemed to be twenty-five years or six-sevenths of the term or\naggregate maximum term of the determinate sentence or sentences,\nwhichever is greater.\n  (viii) Notwithstanding any provision of this subdivision to the\ncontrary where a person is serving two or more consecutive sentences,\none or more of which is an indeterminate sentence and one or more of\nwhich is a determinate sentence, and if he would be eligible for a\nreduction provision pursuant to this subdivision if the maximum term or\naggregate maximum term of the indeterminate sentence or sentences were\nadded to the term or aggregate maximum term of the determinate sentence\nor sentences, the person shall be deemed to be eligible for the\napplicable reduction provision and the rules set forth in this\nsubdivision shall apply.\n  * NB Effective until September 1, 2027\n  * (f) The aggregate maximum term of consecutive sentences imposed upon\na juvenile offender for two or more crimes, not including a class A\nfelony, committed before he has reached the age of sixteen, shall, if it\nexceeds ten years, be deemed to be ten years. If consecutive\nindeterminate sentences imposed upon a juvenile offender include a\nsentence for the class A felony of arson in the first degree or for the\nclass A felony of kidnapping in the first degree, then the aggregate\nmaximum term of such sentences shall, if it exceeds fifteen years, be\ndeemed to be fifteen years. Where the aggregate maximum term of two or\nmore consecutive sentences is reduced by a calculation made pursuant to\nthis paragraph, the aggregate minimum period of imprisonment, if it\nexceeds one-half of the aggregate maximum term as so reduced, shall be\ndeemed to be one-half of the aggregate maximum term as so reduced.\n  * NB Effective until September 1, 2027\n  2. Definite sentences. A definite sentence of imprisonment commences\nwhen the prisoner is received in the institution named in the\ncommitment. Where a person is under more than one definite sentence, the\nsentences shall be calculated as follows:\n  (a) If the sentences run concurrently and are to be served in a single\ninstitution, the terms merge in and are satisfied by discharge of the\nterm which has the longest unexpired time to run;\n  (b) If the sentences run consecutively and are to be served in a\nsingle institution, the terms are added to arrive at an aggregate term\nand are satisfied by discharge of such aggregate term, or by service of\ntwo years imprisonment plus any term imposed for an offense committed\nwhile the person is under the sentences, whichever is less;\n  (c) If the sentences run concurrently and are to be served in more\nthan one institution, the term of each such sentence shall be credited\nwith the portion of any concurrent term served after that sentence was\nimposed;\n  (d) If the sentences run consecutively and are to be served in more\nthan one institution, the aggregate of the time served in all of the\ninstitutions shall not exceed two years plus any term imposed for an\noffense committed while the person is under the sentences.\n  2-a. Undischarged imprisonment in other jurisdiction. Where a person\nwho is subject to an undischarged term of imprisonment imposed at a\nprevious time by a court of another jurisdiction is sentenced to an\nadditional term or terms of imprisonment by a court of this state, to\nrun concurrently with such undischarged term, such additional term or\nterms shall be deemed to commence when the said person is returned to\nthe custody of the appropriate official of such other jurisdiction where\nthe undischarged term of imprisonment is being served. If the additional\nterm or terms imposed shall run consecutively to the said undischarged\nterm, such additional term or terms shall commence when the prisoner is\nreceived in the appropriate institution as provided in subdivisions one\nand two of this section. The term or terms of such imprisonment shall be\ncalculated and such other pertinent provisions of this section applied\nin the same manner as where a person is under more than one sentence in\nthis state as provided in this section.\n  * 3. Jail time. The term of a definite sentence, a determinate\nsentence, or the maximum term of an indeterminate sentence imposed on a\nperson shall be credited with and diminished by the amount of time the\nperson spent in custody prior to the commencement of such sentence as a\nresult of the charge that culminated in the sentence. In the case of an\nindeterminate sentence, if the minimum period of imprisonment has been\nfixed by the court or by the board of parole, the credit shall also be\napplied against the minimum period. The credit herein provided shall be\ncalculated from the date custody under the charge commenced to the date\nthe sentence commences and shall not include any time that is credited\nagainst the term or maximum term of any previously imposed sentence or\nperiod of post-release supervision to which the person is subject. Where\nthe charge or charges culminate in more than one sentence, the credit\nshall be applied as follows:\n  (a) If the sentences run concurrently, the credit shall be applied\nagainst each such sentence;\n  (b) If the sentences run consecutively, the credit shall be applied\nagainst the aggregate term or aggregate maximum term of the sentences\nand against the aggregate minimum period of imprisonment.\n  In any case where a person has been in custody due to a charge that\nculminated in a dismissal or an acquittal, the amount of time that would\nhave been credited against a sentence for such charge, had one been\nimposed, shall be credited against any sentence that is based on a\ncharge for which a warrant or commitment was lodged during the pendency\nof such custody.\n  * NB Effective until September 1, 2027\n  * 3. Jail time. The term of a definite sentence or the maximum term of\nan indeterminate sentence imposed on a person shall be credited with and\ndiminished by the amount of time the person spent in custody prior to\nthe commencement of such sentence as a result of the charge that\nculminated in the sentence. In the case of an indeterminate sentence, if\nthe minimum period of imprisonment has been fixed by the court or by the\nboard of parole, the credit shall also be applied against the minimum\nperiod. The credit herein provided shall be calculated from the date\ncustody under the charge commenced to the date the sentence commences\nand shall not include any time that is credited against the term or\nmaximum term of any previously imposed sentence or period of\npost-release supervision to which the person is subject. Where the\ncharge or charges culminate in more than one sentence, the credit shall\nbe applied as follows:\n  (a) If the sentences run concurrently, the credit shall be applied\nagainst each such sentence;\n  (b) If the sentences run consecutively, the credit shall be applied\nagainst the aggregate term or aggregate maximum term of the sentences\nand against the aggregate minimum period of imprisonment.\n  In any case where a person has been in custody due to a charge that\nculminated in a dismissal or an acquittal, the amount of time that would\nhave been credited against a sentence for such charge, had one been\nimposed, shall be credited against any sentence that is based on a\ncharge for which a warrant or commitment was lodged during the pendency\nof such custody.\n  * NB Effective September 1, 2027\n  * 4. Good behavior time. Time allowances earned for good behavior,\npursuant to the provisions of the correction law, shall be computed and\napplied as follows:\n  (a) In the case of a person serving an indeterminate or determinate\nsentence, the total of such allowances shall be calculated as provided\nin section eight hundred three of the correction law and the allowances\nshall be applied as provided in paragraph (b) of subdivision one of\nsection 70.40;\n  (b) In the case of a person serving a definite sentence, the total of\nsuch allowances shall not exceed one-third of his term or aggregate term\nand the allowances shall be applied as a credit against such term.\n  * NB Effective until September 1, 2027\n  * 4. Good behavior time. Time allowances earned for good behavior,\npursuant to the provisions of the correction law, shall be computed and\napplied as follows:\n  (a) In the case of a person serving an indeterminate sentence, the\ntotal of such allowances shall not exceed one-third of his maximum or\naggregate maximum term and the allowances shall be applied as provided\nin subdivision one (b) of section 70.40;\n  (b) In the case of a person serving a definite sentence, the total of\nsuch allowances shall not exceed one-third of his term or aggregate term\nand the allowances shall be applied as a credit against such term.\n  * NB Effective September 1, 2027\n  5. Time served under vacated sentence. When a sentence of imprisonment\nthat has been imposed on a person is vacated and a new sentence is\nimposed on such person for the same offense, or for an offense based\nupon the same act, the new sentence shall be calculated as if it had\ncommenced at the time the vacated sentence commenced, and all time\ncredited against the vacated sentence shall be credited against the new\nsentence. In any case where a vacated sentence also includes a period of\npost-release supervision, all time credited against the period of\npost-release supervision shall be credited against the period of\npost-release supervision included with the new sentence. In the event a\nperiod of post-release supervision is not included with the new\nsentence, such period shall be credited against the new sentence.\n  6. Escape. When a person who is serving a sentence of imprisonment\nescapes from custody, the escape shall interrupt the sentence and such\ninterruption shall continue until the return of the person to the\ninstitution in which the sentence was being served or, if the sentence\nwas being served in an institution under the jurisdiction of the state\ndepartment of corrections and community supervision, to an institution\nunder the jurisdiction of that department. Any time spent by such person\nin custody from the date of escape to the date the sentence resumes\nshall be credited against the term or maximum term of the interrupted\nsentence, provided:\n  (a) That such custody was due to an arrest or surrender based upon the\nescape; or\n  (b) That such custody arose from an arrest on another charge which\nculminated in a dismissal or an acquittal; or\n  (c) That such custody arose from an arrest on another charge which\nculminated in a conviction, but in such case, if a sentence of\nimprisonment was imposed, the credit allowed shall be limited to the\nportion of the time spent in custody that exceeds the period, term or\nmaximum term of imprisonment imposed for such conviction.\n  * 7. Absconding from temporary release or furlough program. When a\nperson who is serving a sentence of imprisonment is permitted to leave\nan institution to participate in a program of work release or furlough\nprogram as such term is defined in section six hundred thirty-one of the\ncorrection law, or in the case of an institution under the jurisdiction\nof the state department of corrections and community supervision or a\nfacility under the jurisdiction of the state office of children and\nfamily services to participate in a program of temporary release, fails\nto return to the institution or facility at or before the time\nprescribed for his or her return, such failure shall interrupt the\nsentence and such interruption shall continue until the return of the\nperson to the institution in which the sentence was being served or, if\nthe sentence was being served in an institution under the jurisdiction\nof the state department of corrections and community supervision or a\nfacility under the jurisdiction of the state office of children and\nfamily services to an institution under the jurisdiction of that\ndepartment or a facility under the jurisdiction of that office. Any time\nspent by such person in an institution from the date of his or her\nfailure to return to the date his or her sentence resumes shall be\ncredited against the term or maximum term of the interrupted sentence,\nprovided:\n  (a) That such incarceration was due to an arrest or surrender based\nupon the failure to return; or\n  (b) That such incarceration arose from an arrest on another charge\nwhich culminated in a dismissal or an acquittal; or\n  (c) That such custody arose from an arrest on another charge which\nculminated in a conviction, but in such case, if a sentence of\nimprisonment was imposed, the credit allowed shall be limited to the\nportion of the time spent in custody that exceeds the period, term or\nmaximum term of imprisonment imposed for such conviction.\n  * NB Expires September 1, 2027\n