NY Exec L § 259-H (2021)
2021 New York Laws EXC - Executive Article 12-B - State Board of Parole 259-H - Parole Eligibility for Certain Incarcerated Individuals Sentenced for Crimes Committed Prior to September First, Nineteen Hundred Sixty-Seven.

§ 259-h.  Parole  eligibility  for  certain  incarcerated  individuals sentenced for  crimes  committed  prior  to  September  first,  nineteen hundred  sixty-seven.  1. The provisions of this subdivision shall apply in any case where a person  is  under  one  or  more  of  the  following sentences imposed pursuant to the penal law in effect prior to September first, nineteen hundred sixty-seven:  (a)  Life  imprisonment  for  the  crime of murder in the first degree pursuant to section ten hundred forty-five or ten  hundred  forty-five-a of such law;  (b)  Life imprisonment for the crime of kidnapping pursuant to section twelve hundred fifty of such law; or  (c) Death commuted to life imprisonment for the crime of murder in the first degree or for the crime of kidnapping pursuant to one of the above sections.   Any such person who is not otherwise or who  will  not  sooner  become eligible  for  release  on parole under such sentence shall be or become eligible for release on parole after service  of  a  minimum  period  of imprisonment of twenty years.   2.  The provisions of this subdivision shall apply in any case where a person is under one or more of the following sentences imposed  pursuant to  the  penal  law in effect prior to September first, nineteen hundred sixty-seven:  (a) A minimum term of twenty years or more and a  maximum  of  natural life  for  the  crime of murder in the second degree pursuant to section ten hundred forty-eight of such law;  (b) A minimum term of twenty years or more and a  maximum  of  natural life  for  the  crime  of  kidnapping imposed pursuant to section twelve hundred fifty of such law;  (c) A minimum term of fifteen years or more and a maximum  of  natural life  for a third conviction of a felony under laws relating to narcotic drugs pursuant to section nineteen hundred forty-one of such law; or  (d) A minimum term of fifteen years or more and a maximum  of  natural life  for  a  fourth conviction of a felony pursuant to section nineteen hundred forty-two of such law.   Any person who is not otherwise or who will not sooner become eligible for release on parole under such sentence shall be  or  become  eligible for  release on parole after service of a minimum period of imprisonment of fifteen years.   3. The provisions of this subdivision shall apply in any case where  a person  is  under a sentence imposed pursuant to the penal law in effect prior to September first, nineteen hundred  sixty-seven,  other  than  a sentence  specified  in  subdivisions  one  and two of this section. Any person who is not otherwise or who will not sooner become  eligible  for release  on  parole  shall  be  or become eligible for release on parole under such sentence after service of a minimum period of imprisonment of eight years and four months.   Notwithstanding the provisions of subdivisions  one  and  two  hereof, inmates  convicted  of  murder, second degree, and sentenced pursuant to the provisions of the penal law in  effect  prior  to  September  first, nineteen  hundred  sixty-seven,  who  are  not otherwise or who will not sooner become eligible for release on  parole,  shall  be  eligible  for release  on parole under such sentence after service of a minimum period of imprisonment of eight years and four months.   4. In calculating time required to be served prior to eligibility  for parole  under  the  minimum  periods of imprisonment established by this section the following rules shall apply:  (a) Service of such time shall be deemed to have commenced on the  day the  incarcerated  individual  was  received in an institution under the jurisdiction of the department pursuant to the sentence;  (b)  Where an incarcerated individual is under more than one sentence, (i)  if  the  sentences  run  concurrently,  the   time   served   under imprisonment  on  any  of  the  sentences  shall be credited against the minimum periods of  all  the  concurrent  sentences,  and  (ii)  if  the sentences  run  consecutively, the minimum periods of imprisonment shall merge in and be satisfied by service of the period that has the  longest unexpired time to run;  (c)  No  credit  shall  be allowed for "good conduct and efficient and willing performance of duties," under former section two hundred  thirty of  the  correction law, repealed by chapter four hundred seventy-six of the laws of nineteen hundred seventy  and  continued  in  effect  as  to certain incarcerated individuals, or under any other provision of law;  (d)  Calculations  with  respect  to  "jail  time"  "time served under vacated sentence" and interruption for "escape" shall be  in  accordance with the provisions of subdivisions three, five and six of section 70.30 of the penal law as enacted by chapter ten hundred thirty of the laws of nineteen hundred sixty-five, as amended.   5.   The  provisions  of  this  section  shall  not  be  construed  as diminishing the discretionary  authority  of  the  board  of  parole  to determine whether or not an incarcerated individual is to be paroled.