N.Y. PEN Law § 70.45 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.45
Determinate sentence; post-release supervision
Status: in_force

§ 70.45 Determinate sentence; post-release supervision.\n  1. In general. When a court imposes a determinate sentence it shall in\neach case state not only the term of imprisonment, but also an\nadditional period of post-release supervision as determined pursuant to\nthis article. Such period shall commence as provided in subdivision five\nof this section and a violation of any condition of supervision\noccurring at any time during such period of post-release supervision\nshall subject the defendant to a further period of imprisonment up to\nthe balance of the remaining period of post-release supervision, not to\nexceed five years; provided, however, that a defendant serving a term of\npost-release supervision for a conviction of a felony sex offense, as\ndefined in section 70.80 of this article, may be subject to a further\nperiod of imprisonment up to the balance of the remaining period of\npost-release supervision. Such maximum limits shall not preclude a\nlonger period of further imprisonment for a violation where the\ndefendant is subject to indeterminate and determinate sentences.\n  1-a. When, following a final hearing, a time assessment has been\nimposed upon a person convicted of a felony sex offense who owes three\nyears or more on a period of post-release supervision, imposed pursuant\nto subdivision two-a of this section, such defendant, after serving\nthree years of the time assessment, shall be reviewed by the board of\nparole and may be re-released to post-release supervision only upon a\ndetermination by the board of parole made in accordance with subdivision\ntwo of section two hundred fifty-nine-i of the executive law. If\nre-release is not granted, the board shall specify a date not more than\ntwenty-four months from such determination for reconsideration, and the\nprocedures to be followed upon reconsideration shall be the same. If a\ntime assessment of less than three years is imposed upon such a\ndefendant, the defendant shall be released upon the expiration of such\ntime assessment, unless he or she is subject to further imprisonment or\nconfinement under any provision of law.\n  2. Period of post-release supervision for other than felony sex\noffenses. The period of post-release supervision for a determinate\nsentence, other than a determinate sentence imposed for a felony sex\noffense as defined in paragraph (a) of subdivision one of section 70.80\nof this article, shall be five years except that:\n  (a) such period shall be one year whenever a determinate sentence of\nimprisonment is imposed pursuant to subdivision two of section 70.70 of\nthis article or subdivision nine of section 60.12 of this title upon a\nconviction of a class D or class E felony offense;\n  (b) such period shall be not less than one year nor more than two\nyears whenever a determinate sentence of imprisonment is imposed\npursuant to subdivision two of section 70.70 of this article or\nsubdivision nine of section 60.12 of this title upon a conviction of a\nclass B or class C felony offense;\n  (c) such period shall be not less than one year nor more than two\nyears whenever a determinate sentence of imprisonment is imposed\npursuant to subdivision three or four of section 70.70 of this article\nupon conviction of a class D or class E felony offense or subdivision\nten of section 60.12 of this title;\n  (d) such period shall be not less than one and one-half years nor more\nthan three years whenever a determinate sentence of imprisonment is\nimposed pursuant to subdivision three or four of section 70.70 of this\narticle upon conviction of a class B felony or class C felony offense or\nsubdivision eleven of section 60.12 of this title;\n  (e) such period shall be not less than one and one-half years nor more\nthan three years whenever a determinate sentence of imprisonment is\nimposed pursuant to subdivision three of section 70.02 of this article\nor subdivision two or eight of section 60.12 of this title upon a\nconviction of a class D or class E violent felony offense or subdivision\nfour, five, six, or seven of section 60.12 of this title;\n  (f) such period shall be not less than two and one-half years nor more\nthan five years whenever a determinate sentence of imprisonment is\nimposed pursuant to subdivision three of section 70.02 of this article\nor subdivision two or eight of section 60.12 of this title upon a\nconviction of a class B or class C violent felony offense.\n  2-a. Periods of post-release supervision for felony sex offenses. The\nperiod of post-release supervision for a determinate sentence imposed\nfor a felony sex offense as defined in paragraph (a) of subdivision one\nof section 70.80 of this article shall be as follows:\n  (a) not less than three years nor more than ten years whenever a\ndeterminate sentence of imprisonment is imposed pursuant to subdivision\nfour of section 70.80 of this article upon a conviction of a class D or\nclass E felony sex offense;\n  (b) not less than five years nor more than fifteen years whenever a\ndeterminate sentence of imprisonment is imposed pursuant to subdivision\nfour of section 70.80 of this article upon a conviction of a class C\nfelony sex offense;\n  (c) not less than five years nor more than twenty years whenever a\ndeterminate sentence of imprisonment is imposed pursuant to subdivision\nfour of section 70.80 of this article upon a conviction of a class B\nfelony sex offense;\n  (d) not less than three years nor more than ten years whenever a\ndeterminate sentence is imposed pursuant to subdivision three of section\n70.02 of this article upon a conviction of a class D or class E violent\nfelony sex offense as defined in paragraph (b) of subdivision one of\nsection 70.80 of this article;\n  (e) not less than five years nor more than fifteen years whenever a\ndeterminate sentence is imposed pursuant to subdivision three of section\n70.02 of this article upon a conviction of a class C violent felony sex\noffense as defined in section 70.80 of this article;\n  (f) not less than five years nor more than twenty years whenever a\ndeterminate sentence is imposed pursuant to subdivision three of section\n70.02 of this article upon a conviction of a class B violent felony sex\noffense as defined in section 70.80 of this article;\n  (g) not less than five years nor more than fifteen years whenever a\ndeterminate sentence of imprisonment is imposed pursuant to either\nsection 70.04, section 70.06, or subdivision five of section 70.80 of\nthis article upon a conviction of a class D or class E violent or\nnon-violent felony sex offense as defined in section 70.80 of this\narticle;\n  (h) not less than seven years nor more than twenty years whenever a\ndeterminate sentence of imprisonment is imposed pursuant to either\nsection 70.04, section 70.06, or subdivision five of section 70.80 of\nthis article upon a conviction of a class C violent or non-violent\nfelony sex offense as defined in section 70.80 of this article;\n  (i) such period shall be not less than ten years nor more than\ntwenty-five years whenever a determinate sentence of imprisonment is\nimposed pursuant to either section 70.04, section 70.06, or subdivision\nfive of section 70.80 of this article upon a conviction of a class B\nviolent or non-violent felony sex offense as defined in section 70.80 of\nthis article; and\n  (j) such period shall be not less than ten years nor more than twenty\nyears whenever any determinate sentence of imprisonment is imposed\npursuant to subdivision four of section 70.07 of this article.\n  3. Conditions of post-release supervision. The board of parole shall\nestablish and impose conditions of post-release supervision in the same\nmanner and to the same extent as it may establish and impose conditions\nin accordance with the executive law upon persons who are granted parole\nor conditional release; provided that, notwithstanding any other\nprovision of law, the board of parole may impose as a condition of\npost-release supervision that for a period not exceeding six months\nimmediately following release from the underlying term of imprisonment\nthe person be transferred to and participate in the programs of a\nresidential treatment facility as that term is defined in subdivision\nsix of section two of the correction law. Upon release from the\nunderlying term of imprisonment, the person shall be furnished with a\nwritten statement setting forth the conditions of post-release\nsupervision in sufficient detail to provide for the person's conduct and\nsupervision.\n  4. Revocation of post-release supervision. An alleged violation of any\ncondition of post-release supervision shall be initiated, heard and\ndetermined in accordance with the provisions of subdivisions three and\nfour of section two hundred fifty-nine-i of the executive law.\n  5. Calculation of service of period of post-release supervision. A\nperiod or periods of post-release supervision shall be calculated and\nserved as follows:\n  (a) A period of post-release supervision shall commence upon the\nperson's release from imprisonment to supervision by the department of\ncorrections and community supervision and shall interrupt the running of\nthe determinate sentence or sentences of imprisonment and the\nindeterminate sentence or sentences of imprisonment, if any. The\nremaining portion of any maximum or aggregate maximum term shall then be\nheld in abeyance until the successful completion of the period of\npost-release supervision or the person's return to the custody of the\ndepartment of corrections and community supervision, whichever occurs\nfirst.\n  (b) Upon the completion of the period of post-release supervision, the\nrunning of such sentence or sentences of imprisonment shall resume and\nonly then shall the remaining portion of any maximum or aggregate\nmaximum term previously held in abeyance be credited with and diminished\nby such period of post-release supervision. The person shall then be\nunder the jurisdiction of the department of corrections and community\nsupervision for the remaining portion of such maximum or aggregate\nmaximum term.\n  (c) When a person is subject to two or more periods of post-release\nsupervision, such periods shall merge with and be satisfied by discharge\nof the period of post-release supervision having the longest unexpired\ntime to run; provided, however, any time served upon one period of\npost-release supervision shall not be credited to any other period of\npost-release supervision except as provided in subdivision five of\nsection 70.30 of this article.\n  (d) When a person is alleged to have violated a condition of\npost-release supervision by absconding and the department of corrections\nand community supervision has declared such person to be delinquent: (i)\nthe declaration of delinquency shall interrupt the period of\npost-release supervision; (ii) such interruption shall continue until\nthe person is restored to post-release supervision; (iii) if the person\nis restored to post-release supervision without being returned to the\ndepartment of corrections and community supervision, any time spent in\ncustody from the date of delinquency until restoration to post-release\nsupervision shall first be credited to the maximum or aggregate maximum\nterm of the sentence or sentences of imprisonment, but only to the\nextent authorized by subdivision three of section 70.40 of this article.\nAny time spent in custody solely pursuant to such delinquency after\ncompletion of the maximum or aggregate maximum term of the sentence or\nsentences of imprisonment shall be credited to the period of\npost-release supervision, if any; and (iv) if the person is ordered\nreturned to the department of corrections and community supervision, the\nperson shall be required to serve the time assessment before being\nre-released to post-release supervision. If the person is detained\npursuant to paragraph (a) of subdivision three of section two hundred\nfifty-nine-i of the executive law pending a preliminary or final\nrevocation hearing, the time assessment imposed following such hearing\nshall commence upon the execution of the warrant. If a warrant was\nexecuted pursuant to paragraph (a) of subdivision three of section two\nhundred fifty-nine-i of the executive law but a court released the\nperson pending a preliminary or final revocation hearing, the time\nassessment shall commence upon the issuance of a determination after a\nfinal hearing that the person has violated one or more conditions of\ncommunity supervision in an important respect, and shall include the\ntime period between execution of the warrant and release of the person\npending a preliminary or final revocation hearing. If a releasee is\ncommitted to the custody of the sheriff pursuant to article five hundred\nthirty of the criminal procedure law, the time assessment, if any, shall\ninclude any time the releasee spent in such custody. If a notice of\nviolation was issued pursuant to subdivision three of section two\nhundred fifty-nine-i of the executive law, the time assessment shall\ncommence upon the issuance of a determination after a final hearing that\nthe person has violated one or more conditions of supervision. While\nserving such assessment, the person shall not receive any good behavior\nallowance pursuant to section eight hundred three of the correction law.\nAny time spent in custody from the date of delinquency until return to\nthe department of corrections and community supervision shall first be\ncredited to the maximum or aggregate maximum term of the sentence or\nsentences of imprisonment, but only to the extent authorized by\nsubdivision three of section 70.40 of this article. The maximum or\naggregate maximum term of the sentence or sentences of imprisonment\nshall run while the person is serving such time assessment in the\ncustody of the department of corrections and community supervision. Any\ntime spent in custody solely pursuant to such delinquency after\ncompletion of the maximum or aggregate maximum term of the sentence or\nsentences of imprisonment shall be credited to the period of\npost-release supervision, if any.\n  (e) Notwithstanding paragraph (d) of this subdivision, in the event a\nperson is sentenced to one or more additional indeterminate or\ndeterminate term or terms of imprisonment prior to the completion of the\nperiod of post-release supervision, such period of post-release\nsupervision shall be held in abeyance and the person shall be committed\nto the custody of the department of corrections and community\nsupervision in accordance with the requirements of the prior and\nadditional terms of imprisonment.\n  (f) When a person serving a period of post-release supervision is\nreturned to the department of corrections and community supervision\npursuant to an additional consecutive sentence of imprisonment and\nwithout a declaration of delinquency, such period of post-release\nsupervision shall be held in abeyance while the person is in the custody\nof the department of corrections and community supervision. Such period\nof post-release supervision shall resume running upon the person's\nre-release.\n