2023 New York Laws › COR - Correction › Article 22 - Miscellaneous Provisions › 601-D - Post-Release Supervision; Certain Cases.

§  601-d. Post-release supervision; certain cases.  This section shall
apply  only  to  incarcerated  individuals  in  the   custody   of   the
commissioner,  and  releasees  under  the supervision of the department,
upon whom a determinate sentence was imposed  between  September  first,
nineteen  hundred  ninety-eight, and the effective date of this section,
which was required by law to include a term of post-release supervision:
1. For purposes of this section, such  a  person  shall  be  deemed  a
"designated person" if the commitment order that accompanied such person
does  not  indicate  imposition of any term of post-release supervision;
provided, however, that if such agency with custody  of  or  supervision
over  such  person  has  the sentencing minutes that show that a term of
post-release supervision  was  actually  pronounced  at  sentence,  such
person shall not be deemed a designated person.
2. Whenever it shall appear to the satisfaction of the department that
an  incarcerated  individual in its custody or that a releasee under its
supervision,  is  a  designated  person,  the  department   shall   make
notification  of  that fact to the court that sentenced such person, and
to the incarcerated individual or releasee.
3. If  a  sentencing  court  that  has  received  such  notice,  after
reviewing the sentencing minutes, if available, is or becomes aware that
a  term  of post-release supervision was in fact pronounced at the prior
sentencing of such person, it shall issue a superseding commitment order
reflecting that fact, accompanied by a written explanation of the  basis
for  that  conclusion,  and  send  such  order  and  explanation  to the
department, to the defendant, and to the attorney who appeared  for  the
defendant  in  connection  with  the  judgment  or  sentence  or, if the
defendant is currently represented concerning his or her  conviction  or
sentence  or  with  respect  to an appeal from his or her sentence, such
present counsel.
4. (a) If the sentencing court shall not  have  issued  a  superseding
commitment  order,  reflecting  imposition  of  a  term  of post-release
supervision,  within  ten  days  after  receiving  notice  pursuant   to
subdivision two of this section, then the sentencing court shall appoint
counsel  pursuant to section seven hundred twenty-two of the county law,
provide a copy of the notice pursuant to subdivision two of this section
to such counsel, and calendar such person for a court  appearance  which
shall  occur  no later than twenty days after receipt of said notice. At
such court appearance, the court shall furnish a copy of such notice and
the proceeding date pursuant to paragraph (c) of this subdivision to the
district attorney, the  designated  person,  assigned  counsel  and  the
department.
(b)  The  court shall promptly seek to obtain sentencing minutes, plea
minutes and any other records and shall provide copies  to  the  parties
and  conduct  any  reconstruction  proceedings  that may be necessary to
determine whether to resentence such person.
(c) The court shall commence a proceeding to  consider  resentence  no
later  than  thirty  days after receiving notice pursuant to subdivision
two of this section.
(d) The court shall, no later than forty days after  receipt  of  such
notice,  issue  and  enter  a written determination and order, copies of
which shall be  immediately  provided  to  the  district  attorney,  the
designated  person, his or her counsel and the department along with any
sentencing minutes pursuant to section 380.70 of the criminal  procedure
law.
(e)  The  designated  person  may,  with counsel, knowingly consent to
extend the time periods specified in paragraphs  (c)  and  (d)  of  this
subdivision.  The  people may apply to the court for an extension of ten
days on the basis of extraordinary  circumstances  that  preclude  final

resolution  within  such period of the question of whether the defendant
will be resentenced. The department shall be notified by  the  court  of
any such extension.
5.  The  court  shall  promptly  notify  the  agency  that  referred a
designated person  whenever  it  (a)  resentences  the  defendant  to  a
sentence  that  includes  a  term  of  post-release  supervision; or (b)
determines that it will not resentence the defendant under this  section
or  otherwise.  Upon  the  conclusion of the proceeding, the court shall
furnish the parties and the agency that referred the  designated  person
with an accurate copy of the current order of commitment for the person.
6.  In  any  case  in  which  the  department  notifies the court of a
designated person, and has not been informed that the court has  made  a
determination  in  accordance  with paragraph (d) of subdivision four of
this  section  (unless  extended  pursuant  to  paragraph  (e)  of  such
subdivision),  the  department  may  notify  the  court  that it has not
received a determination and, in any event,  shall  adjust  its  records
with  respect to post-release supervision noting that the court has not,
in accordance with subdivision four of this section, imposed a  sentence
of post-release supervision.
7.  When  the  department  complies  with  this section as to a person
confined in state prison, it need not separately follow  the  procedures
set forth in section six hundred one-a of this article.
8.  Nothing  in  this  section  shall affect the power of any court to
hear, consider and decide any petition, motion or proceeding pursuant to
article four hundred  forty  of  the  criminal  procedure  law,  article
seventy  or  seventy-eight  of  the civil practice law and rules, or any
authorized proceeding.