N.Y. PEN Law § 60.12 — New York Code / Act PEN / Part 2 / Title E / Article 60 / Section 60.12
Authorized disposition; alternative sentence; domestic violence cases
Status: in_force

§ 60.12 Authorized disposition; alternative sentence; domestic violence\n          cases.\n  1. Notwithstanding any other provision of law, where a court is\nimposing sentence upon a person pursuant to section 70.00, 70.02, 70.06\nor subdivision two or three of section 70.71 of this title, other than\nfor an offense defined in section 125.26, 125.27, subdivision five of\nsection 125.25, or article 490 of this chapter, or for an offense which\nwould require such person to register as a sex offender pursuant to\narticle six-C of the correction law, an attempt or conspiracy to commit\nany such offense, and is authorized or required pursuant to sections\n70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this\ntitle to impose a sentence of imprisonment, the court, upon a\ndetermination following a hearing that (a) at the time of the instant\noffense, the defendant was a victim of domestic violence subjected to\nsubstantial physical, sexual or psychological abuse inflicted by a\nmember of the same family or household as the defendant as such term is\ndefined in subdivision one of section 530.11 of the criminal procedure\nlaw; (b) such abuse was a significant contributing factor to the\ndefendant's criminal behavior; (c) having regard for the nature and\ncircumstances of the crime and the history, character and condition of\nthe defendant, that a sentence of imprisonment pursuant to section\n70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this\ntitle would be unduly harsh may instead impose a sentence in accordance\nwith this section.\n  A court may determine that such abuse constitutes a significant\ncontributing factor pursuant to paragraph (b) of this subdivision\nregardless of whether the defendant raised a defense pursuant to article\nthirty-five, article forty, or subdivision one of section 125.25 of this\nchapter.\n  At the hearing to determine whether the defendant should be sentenced\npursuant to this section, the court shall consider oral and written\narguments, take testimony from witnesses offered by either party, and\nconsider relevant evidence to assist in making its determination.\nReliable hearsay shall be admissible at such hearings.\n  2. Where a court would otherwise be required to impose a sentence\npursuant to section 70.02 of this title, the court may impose a definite\nsentence of imprisonment of one year or less, or probation in accordance\nwith the provisions of section 65.00 of this title, or may fix a\ndeterminate term of imprisonment as follows:\n  (a) For a class B felony, the term must be at least one year and must\nnot exceed five years;\n  (b) For a class C felony, the term must be at least one year and must\nnot exceed three and one-half years;\n  (c) For a class D felony, the term must be at least one year and must\nnot exceed two years; and\n  (d) For a class E felony, the term must be one year and must not\nexceed one and one-half years.\n  3. Where a court would otherwise be required to impose a sentence for\na class A felony offense pursuant to section 70.00 of this title, the\ncourt may fix a determinate term of imprisonment of at least five years\nand not to exceed fifteen years.\n  4. Where a court would otherwise be required to impose a sentence for\na class A felony offense pursuant to subparagraph (i) of paragraph (b)\nof subdivision two of section 70.71 of this title, the court may fix a\ndeterminate term of imprisonment of at least five years and not to\nexceed eight years.\n  5. Where a court would otherwise be required to impose a sentence for\na class A felony offense pursuant to subparagraph (i) of paragraph (b)\nof subdivision three of section 70.71 of this title, the court may fix a\ndeterminate term of imprisonment of at least five years and not to\nexceed twelve years.\n  6. Where a court would otherwise be required to impose a sentence for\na class A felony offense pursuant to subparagraph (ii) of paragraph (b)\nof subdivision two of section 70.71 of this title, the court may fix a\ndeterminate term of imprisonment of at least one year and not to exceed\nthree years.\n  7. Where a court would otherwise be required to impose a sentence for\na class A felony offense pursuant to subparagraph (ii) of paragraph (b)\nof subdivision three of section 70.71 of this title, the court may fix a\ndeterminate term of imprisonment of at least three years and not to\nexceed six years.\n  8. Where a court would otherwise be required to impose a sentence\npursuant to subdivision six of section 70.06 of this title, the court\nmay fix a term of imprisonment as follows:\n  (a) For a class B felony, the term must be at least three years and\nmust not exceed eight years;\n  (b) For a class C felony, the term must be at least two and one-half\nyears and must not exceed five years;\n  (c) For a class D felony, the term must be at least two years and must\nnot exceed three years;\n  (d) For a class E felony, the term must be at least one and one-half\nyears and must not exceed two years.\n  9. Where a court would otherwise be required to impose a sentence for\na class B, C, D or E felony offense pursuant to section 70.00 of this\ntitle, the court may impose a sentence in accordance with the provisions\nof subdivision two of section 70.70 of this title.\n  10. Except as provided in subdivision seven of this section, where a\ncourt would otherwise be required to impose a sentence pursuant to\nsubdivision three of section 70.06 of this title, the court may impose a\nsentence in accordance with the provisions of subdivision three of\nsection 70.70 of this title.\n  11. Where a court would otherwise be required to impose a sentence\npursuant to subdivision three of section 70.06 of this title, where the\nprior felony conviction was for a felony offense defined in section\n70.02 of this title, the court may impose a sentence in accordance with\nthe provisions of subdivision four of section 70.70 of this title.\n