2023 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,
incarcerated   individuals  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.