2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 410 - Sentences of Probation, Conditional Discharge and Parole Supervision › 410.91 - Sentence of Parole Supervision.

* § 410.91 Sentence of parole supervision.
1.  A  sentence  of parole supervision is an indeterminate sentence of
  imprisonment, or a determinate sentence of imprisonment imposed pursuant
  to paragraphs (b) and (d) of subdivision three of section 70.70  of  the
  penal  law,  which may be imposed upon an eligible defendant, as defined
  in subdivision two of this section. If an indeterminate  sentence,  such
  sentence  shall have a minimum term and a maximum term within the ranges
  specified by subdivisions three and four of section 70.06 of  the  penal
  law.  If  a determinate sentence, such sentence shall have a term within
  the ranges specified by subparagraphs (iii) and (iv) of paragraph (b) of
  subdivision three of section 70.70 of the penal law. Provided,  however,
  if  the  court  directs  that  the sentence be executed as a sentence of
  parole supervision, it shall remand the defendant for immediate delivery
  to a reception center operated by the state  department  of  corrections
  and  community  supervision,  in  accordance with section 430.20 of this
  chapter and section six hundred one of the correction law, for a  period
  not to exceed ten days. An individual who receives such a sentence shall
  be   placed  under  the  immediate  supervision  of  the  department  of
  corrections  and  community  supervision  and  must  comply   with   the
  conditions of parole, which shall include an initial placement in a drug
  treatment campus for a period of ninety days at which time the defendant
  shall be released therefrom.
2.  A  defendant is an "eligible defendant" for purposes of a sentence
  of parole supervision when such defendant is a felony offender convicted
  of a specified offense or offenses as defined  in  subdivision  five  of
  this  section,  who stands convicted of no other felony offense, who has
  not previously been convicted of either  a  violent  felony  offense  as
  defined in section 70.02 of the penal law, a class A felony offense or a
  class  B  felony  offense other than a class B felony offense defined in
  article two hundred twenty of the penal law, and is not  subject  to  an
  undischarged term of imprisonment.
3.  When  an  indeterminate or determinate sentence of imprisonment is
  imposed upon an eligible defendant for a specified offense,  as  defined
  in  subdivision  five  of  this  section, the court may direct that such
  sentence be executed as a sentence of parole supervision  if  the  court
  finds  (i)  that  the  defendant  has  a history of controlled substance
  dependence that is a significant contributing factor to such defendant's
  criminal  conduct;  (ii)  that  such  defendant's  controlled  substance
  dependence  could  be  appropriately  addressed  by a sentence of parole
  supervision; and (iii) that imposition of such a sentence would not have
  an adverse effect on public safety or public confidence in the integrity
  of the criminal justice system.
** 5. For the purposes of this section, a "specified  offense"  is  an
  offense  defined  by  any  of the following provisions of the penal law:
  burglary in the third degree as  defined  in  section  140.20,  criminal
  mischief  in  the  third  degree  as defined in section 145.05, criminal
  mischief in the second  degree  as  defined  in  section  145.10,  grand
  larceny  in the fourth degree as defined in subdivision one, two, three,
  four, five, six, eight, nine or ten of section 155.30, grand larceny  in
  the third degree as defined in section 155.35 (except where the property
  consists  of one or more firearms, rifles or shotguns), unauthorized use
  of a vehicle in the second degree as defined in section 165.06, criminal
  possession of stolen  property  in  the  fourth  degree  as  defined  in
  subdivision  one,  two,  three,  five or six of section 165.45, criminal
  possession of stolen property in the third degree as defined in  section
  165.50  (except  where  the  property  consists of one or more firearms,
  rifles or shotguns), forgery in the second degree as defined in  section
  170.10,  criminal possession of a forged instrument in the second degree

  as defined in section 170.25, unlawfully using slugs in the first degree
  as defined in section 170.60, criminal diversion of medical marihuana in
  the first degree as defined in section 179.10 or an  attempt  to  commit
  any  of the aforementioned offenses if such attempt constitutes a felony
  offense; or a class B felony offense  defined  in  article  two  hundred
  twenty  where  a  sentence  is  imposed  pursuant  to  paragraph  (a) of
  subdivision two of section 70.70 of the penal law; or any class C, class
  D or class E controlled substance or marihuana felony offense as defined
  in article two hundred twenty or two hundred twenty-one.
* NB Effective until July 5, 2028
** 5. For the purposes of this section, a "specified  offense"  is  an
  offense  defined  by  any  of the following provisions of the penal law:
  burglary in the third degree as  defined  in  section  140.20,  criminal
  mischief  in  the  third  degree  as defined in section 145.05, criminal
  mischief in the second  degree  as  defined  in  section  145.10,  grand
  larceny  in the fourth degree as defined in subdivision one, two, three,
  four, five, six, eight, nine or ten of section 155.30, grand larceny  in
  the third degree as defined in section 155.35 (except where the property
  consists  of one or more firearms, rifles or shotguns), unauthorized use
  of a vehicle in the second degree as defined in section 165.06, criminal
  possession of stolen  property  in  the  fourth  degree  as  defined  in
  subdivision  one,  two,  three,  five or six of section 165.45, criminal
  possession of stolen property in the third degree as defined in  section
  165.50  (except  where  the  property  consists of one or more firearms,
  rifles or shotguns), forgery in the second degree as defined in  section
  170.10,  criminal possession of a forged instrument in the second degree
  as defined in section 170.25, unlawfully using slugs in the first degree
  as defined in section 170.60,  or  an  attempt  to  commit  any  of  the
  aforementioned offenses if such attempt constitutes a felony offense; or
  a  class  B felony offense defined in article two hundred twenty where a
  sentence is imposed pursuant to paragraph  (a)  of  subdivision  two  of
  section  70.70  of  the  penal  law;  or any class C, class D or class E
  controlled substance or marihuana felony offense as defined  in  article
  two hundred twenty or two hundred twenty-one.
** NB Effective July 5, 2028
6.  Upon  delivery of the defendant to the reception center, he or she
  shall be given a copy of the conditions of parole by a representative of
  the department  of  corrections  and  community  supervision  and  shall
  acknowledge  receipt  of  a  copy  of  the  conditions  in  writing. The
  conditions shall be established in accordance with article  twelve-B  of
  the  executive law and the rules and regulations of the board of parole.
  Thereafter and while the parolee is participating in the intensive  drug
  treatment  program provided at the drug treatment campus, the department
  of corrections and community  supervision  shall  assess  the  parolee's
  special   needs  and  shall  develop  an  intensive  program  of  parole
  supervision that will address the parolee's substance abuse history  and
  which  shall  include periodic urinalysis testing. Unless inappropriate,
  such program shall include the provision  of  treatment  services  by  a
  community-based  substance  abuse  service provider which has a contract
  with the department of corrections and community supervision.
7. Upon completion of the drug treatment program at the drug treatment
  campus,  a  parolee  will  be  furnished  with   money,   clothing   and
  transportation   in   a  manner  consistent  with  section  one  hundred
  twenty-five of the correction law to permit the  parolee's  travel  from
  the  drug  treatment  campus  to  the  county  in  which  the  parolee's
  supervision will continue.
8. If the parole officer having charge of a person sentenced to parole
  supervision pursuant to this section has  reasonable  cause  to  believe

  that  such  person has violated the conditions of his or her parole, the
  procedures of subdivision three of section two hundred  fifty-nine-i  of
  the  executive  law  shall  apply  to  the issuance of a warrant and the
  conduct  of  further  proceedings;  provided,  however,  that  a  parole
  violation warrant issued for a violation committed while the parolee  is
  being  supervised  at a drug treatment campus shall constitute authority
  for the immediate placement of the parolee into a correctional  facility
  operated  by  the  department  of corrections and community supervision,
  which to the extent practicable shall be  reasonably  proximate  to  the
  place  at  which  the violation occurred, to hold in temporary detention
  pending completion of the procedures required by  subdivision  three  of
  section two hundred fifty-nine-i of the executive law.
* NB Repealed September 1, 2025