2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 60 - Authorized Dispositions of Offenders › 60.12 - Authorized Dispositions; Alternative Sentence; Domestic Violence Cases.

§ 60.12 Authorized  disposition; alternative sentence; domestic violence
cases.
1. Notwithstanding any other  provision  of  law,  where  a  court  is
imposing  sentence upon a person pursuant to section 70.00, 70.02, 70.06
or subdivision two or three of section 70.71 of this title,  other  than
for  an  offense  defined in section 125.26, 125.27, subdivision five of
section 125.25, or article 490 of this chapter, or for an offense  which
would  require  such  person  to  register as a sex offender pursuant to
article six-C of the correction law, an attempt or conspiracy to  commit
any  such  offense,  and  is authorized or required pursuant to sections
70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this
title  to  impose  a  sentence  of  imprisonment,  the  court,  upon   a
determination  following  a  hearing that (a) at the time of the instant
offense, the defendant was a victim of domestic  violence  subjected  to
substantial  physical,  sexual  or  psychological  abuse  inflicted by a
member of the same family or household as the defendant as such term  is
defined  in  subdivision one of section 530.11 of the criminal procedure
law; (b) such  abuse  was  a  significant  contributing  factor  to  the
defendant's  criminal  behavior;  (c)  having  regard for the nature and
circumstances of the crime and the history, character and  condition  of
the  defendant,  that  a  sentence  of  imprisonment pursuant to section
70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this
title would be unduly harsh may instead impose a sentence in  accordance
with this section.
A  court  may  determine  that  such  abuse  constitutes a significant
contributing factor  pursuant  to  paragraph  (b)  of  this  subdivision
regardless of whether the defendant raised a defense pursuant to article
thirty-five, article forty, or subdivision one of section 125.25 of this
chapter.
At  the hearing to determine whether the defendant should be sentenced
pursuant to this section, the court  shall  consider  oral  and  written
arguments,  take  testimony  from witnesses offered by either party, and
consider relevant  evidence  to  assist  in  making  its  determination.
Reliable hearsay shall be admissible at such hearings.
2.  Where  a  court  would  otherwise be required to impose a sentence
pursuant to section 70.02 of this title, the court may impose a definite
sentence of imprisonment of one year or less, or probation in accordance
with the provisions of section  65.00  of  this  title,  or  may  fix  a
determinate term of imprisonment as follows:
(a)  For a class B felony, the term must be at least one year and must
not exceed five years;
(b) For a class C felony, the term must be at least one year and  must
not exceed three and one-half years;
(c)  For a class D felony, the term must be at least one year and must
not exceed two years; and
(d) For a class E felony, the term must  be  one  year  and  must  not
exceed one and one-half years.
3.  Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to section 70.00 of  this  title,  the
court  may fix a determinate term of imprisonment of at least five years
and not to exceed fifteen years.
4. Where a court would otherwise be required to impose a sentence  for
a  class  A felony offense pursuant to subparagraph (i) of paragraph (b)
of subdivision two of section 70.71 of this title, the court may  fix  a
determinate  term  of  imprisonment  of  at  least five years and not to
exceed eight years.
5. Where a court would otherwise be required to impose a sentence  for
a  class  A felony offense pursuant to subparagraph (i) of paragraph (b)

of subdivision three of section 70.71 of this title, the court may fix a
determinate term of imprisonment of at  least  five  years  and  not  to
exceed twelve years.
6.  Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to subparagraph (ii) of paragraph  (b)
of  subdivision  two of section 70.71 of this title, the court may fix a
determinate term of imprisonment of at least one year and not to  exceed
three years.
7.  Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to subparagraph (ii) of paragraph  (b)
of subdivision three of section 70.71 of this title, the court may fix a
determinate  term  of  imprisonment  of  at least three years and not to
exceed six years.
8. Where a court would otherwise be  required  to  impose  a  sentence
pursuant  to  subdivision  six of section 70.06 of this title, the court
may fix a term of imprisonment as follows:
(a) For a class B felony, the term must be at least  three  years  and
must not exceed eight years;
(b)  For  a class C felony, the term must be at least two and one-half
years and must not exceed five years;
(c) For a class D felony, the term must be at least two years and must
not exceed three years;
(d) For a class E felony, the term must be at least one  and  one-half
years and must not exceed two years.
9.  Where a court would otherwise be required to impose a sentence for
a class B, C, D or E felony offense pursuant to section  70.00  of  this
title, the court may impose a sentence in accordance with the provisions
of subdivision two of section 70.70 of this title.
10.  Except  as provided in subdivision seven of this section, where a
court would otherwise be required  to  impose  a  sentence  pursuant  to
subdivision three of section 70.06 of this title, the court may impose a
sentence  in  accordance  with  the  provisions  of subdivision three of
section 70.70 of this title.
11. Where a court would otherwise be required  to  impose  a  sentence
pursuant  to subdivision three of section 70.06 of this title, where the
prior felony conviction was for a  felony  offense  defined  in  section
70.02  of this title, the court may impose a sentence in accordance with
the provisions of subdivision four of section 70.70 of this title.