2023 New York Laws › PEN - Penal › Part 2 - Sentences › Title E - Sentences › Article 70 - Sentences of Imprisonment › 70.45 - Determinate Sentence; Post-Release Supervision.

§ 70.45 Determinate sentence; post-release supervision.
1. In general. When a court imposes a determinate sentence it shall in
each  case  state  not  only  the  term  of  imprisonment,  but  also an
additional period of post-release supervision as determined pursuant  to
this article. Such period shall commence as provided in subdivision five
of  this  section  and  a  violation  of  any  condition  of supervision
occurring at any time during such  period  of  post-release  supervision
shall  subject  the  defendant to a further period of imprisonment up to
the balance of the remaining period of post-release supervision, not  to
exceed five years; provided, however, that a defendant serving a term of
post-release  supervision  for  a conviction of a felony sex offense, as
defined in section 70.80 of this article, may be subject  to  a  further
period  of  imprisonment  up  to  the balance of the remaining period of
post-release supervision. Such  maximum  limits  shall  not  preclude  a
longer  period  of  further  imprisonment  for  a  violation  where  the
defendant is subject to indeterminate and determinate sentences.
1-a. When, following a final  hearing,  a  time  assessment  has  been
imposed  upon  a person convicted of a felony sex offense who owes three
years or more on a period of post-release supervision, imposed  pursuant
to  subdivision  two-a  of  this  section, such defendant, after serving
three years of the time assessment, shall be reviewed by  the  board  of
parole  and  may  be re-released to post-release supervision only upon a
determination by the board of parole made in accordance with subdivision
two of section  two  hundred  fifty-nine-i  of  the  executive  law.  If
re-release  is not granted, the board shall specify a date not more than
twenty-four months from such determination for reconsideration, and  the
procedures  to  be followed upon reconsideration shall be the same. If a
time assessment of  less  than  three  years  is  imposed  upon  such  a
defendant,  the  defendant shall be released upon the expiration of such
time assessment, unless he or she is subject to further imprisonment  or
confinement under any provision of law.
2.  Period  of  post-release  supervision  for  other  than felony sex
offenses. The period  of  post-release  supervision  for  a  determinate
sentence,  other  than  a  determinate sentence imposed for a felony sex
offense as defined in paragraph (a) of subdivision one of section  70.80
of this article, shall be five years except that:
(a)  such  period shall be one year whenever a determinate sentence of
imprisonment is imposed pursuant to subdivision two of section 70.70  of
this  article  or subdivision nine of section 60.12 of this title upon a
conviction of a class D or class E felony offense;
(b) such period shall be not less than one  year  nor  more  than  two
years  whenever  a  determinate  sentence  of  imprisonment  is  imposed
pursuant to  subdivision  two  of  section  70.70  of  this  article  or
subdivision  nine  of section 60.12 of this title upon a conviction of a
class B or class C felony offense;
(c) such period shall be not less than one  year  nor  more  than  two
years  whenever  a  determinate  sentence  of  imprisonment  is  imposed
pursuant to subdivision three or four of section 70.70 of  this  article
upon  conviction  of  a class D or class E felony offense or subdivision
ten of section 60.12 of this title;
(d) such period shall be not less than one and one-half years nor more
than three years whenever a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three or four of section 70.70 of this
article upon conviction of a class B felony or class C felony offense or
subdivision eleven of section 60.12 of this title;
(e) such period shall be not less than one and one-half years nor more
than three years whenever a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three of section 70.02 of this article

or subdivision two or eight of  section  60.12  of  this  title  upon  a
conviction of a class D or class E violent felony offense or subdivision
four, five, six, or seven of section 60.12 of this title;
(f) such period shall be not less than two and one-half years nor more
than  five  years  whenever  a  determinate  sentence of imprisonment is
imposed pursuant to subdivision three of section 70.02 of  this  article
or  subdivision  two  or  eight  of  section  60.12 of this title upon a
conviction of a class B or class C violent felony offense.
2-a. Periods of post-release supervision for felony sex offenses.  The
period  of  post-release  supervision for a determinate sentence imposed
for a felony sex offense as defined in paragraph (a) of subdivision  one
of section 70.80 of this article shall be as follows:
(a)  not  less  than  three  years  nor more than ten years whenever a
determinate sentence of imprisonment is imposed pursuant to  subdivision
four  of section 70.80 of this article upon a conviction of a class D or
class E felony sex offense;
(b) not less than five years nor more than fifteen  years  whenever  a
determinate  sentence of imprisonment is imposed pursuant to subdivision
four of section 70.80 of this article upon a conviction  of  a  class  C
felony sex offense;
(c)  not  less  than  five years nor more than twenty years whenever a
determinate sentence of imprisonment is imposed pursuant to  subdivision
four  of  section  70.80  of this article upon a conviction of a class B
felony sex offense;
(d) not less than three years nor  more  than  ten  years  whenever  a
determinate sentence is imposed pursuant to subdivision three of section
70.02  of this article upon a conviction of a class D or class E violent
felony sex offense as defined in paragraph (b)  of  subdivision  one  of
section 70.80 of this article;
(e)  not  less  than five years nor more than fifteen years whenever a
determinate sentence is imposed pursuant to subdivision three of section
70.02 of this article upon a conviction of a class C violent felony  sex
offense as defined in section 70.80 of this article;
(f)  not  less  than  five years nor more than twenty years whenever a
determinate sentence is imposed pursuant to subdivision three of section
70.02 of this article upon a conviction of a class B violent felony  sex
offense as defined in section 70.80 of this article;
(g)  not  less  than five years nor more than fifteen years whenever a
determinate sentence of  imprisonment  is  imposed  pursuant  to  either
section  70.04,  section  70.06, or subdivision five of section 70.80 of
this article upon a conviction of a  class  D  or  class  E  violent  or
non-violent  felony  sex  offense  as  defined  in section 70.80 of this
article;
(h) not less than seven years nor more than twenty  years  whenever  a
determinate  sentence  of  imprisonment  is  imposed  pursuant to either
section 70.04, section 70.06, or subdivision five of  section  70.80  of
this  article  upon  a  conviction  of  a class C violent or non-violent
felony sex offense as defined in section 70.80 of this article;
(i) such period shall be  not  less  than  ten  years  nor  more  than
twenty-five  years  whenever  a  determinate sentence of imprisonment is
imposed pursuant to either section 70.04, section 70.06, or  subdivision
five  of  section  70.80  of this article upon a conviction of a class B
violent or non-violent felony sex offense as defined in section 70.80 of
this article; and
(j) such period shall be not less than ten years nor more than  twenty
years  whenever  any  determinate  sentence  of  imprisonment is imposed
pursuant to subdivision four of section 70.07 of this article.
3. Conditions of post-release supervision. The board of  parole  shall
establish  and impose conditions of post-release supervision in the same
manner and to the same extent as it may establish and impose  conditions
in accordance with the executive law upon persons who are granted parole
or   conditional  release;  provided  that,  notwithstanding  any  other
provision of law, the board of parole  may  impose  as  a  condition  of
post-release  supervision  that  for  a  period not exceeding six months
immediately following release from the underlying term  of  imprisonment
the  person  be  transferred  to  and  participate  in the programs of a
residential treatment facility as that term is  defined  in  subdivision
six  of  section  two  of  the  correction  law.  Upon  release from the
underlying term of imprisonment, the person shall be  furnished  with  a
written   statement   setting   forth  the  conditions  of  post-release
supervision in sufficient detail to provide for the person's conduct and
supervision.
4. Revocation of post-release supervision. An alleged violation of any
condition of post-release supervision  shall  be  initiated,  heard  and
determined  in  accordance with the provisions of subdivisions three and
four of section two hundred fifty-nine-i of the executive law.
5. Calculation of service of period  of  post-release  supervision.  A
period  or  periods  of post-release supervision shall be calculated and
served as follows:
(a) A period of  post-release  supervision  shall  commence  upon  the
person's  release  from imprisonment to supervision by the department of
corrections and community supervision and shall interrupt the running of
the  determinate  sentence  or  sentences  of   imprisonment   and   the
indeterminate  sentence  or  sentences  of  imprisonment,  if  any.  The
remaining portion of any maximum or aggregate maximum term shall then be
held in abeyance until  the  successful  completion  of  the  period  of
post-release  supervision  or  the person's return to the custody of the
department of corrections and community  supervision,  whichever  occurs
first.
(b) Upon the completion of the period of post-release supervision, the
running  of  such sentence or sentences of imprisonment shall resume and
only then shall the  remaining  portion  of  any  maximum  or  aggregate
maximum term previously held in abeyance be credited with and diminished
by  such  period  of  post-release supervision. The person shall then be
under the jurisdiction of the department of  corrections  and  community
supervision  for  the  remaining  portion  of  such maximum or aggregate
maximum term.
(c) When a person is subject to two or more  periods  of  post-release
supervision, such periods shall merge with and be satisfied by discharge
of  the  period of post-release supervision having the longest unexpired
time to run; provided, however, any  time  served  upon  one  period  of
post-release  supervision  shall  not be credited to any other period of
post-release supervision except  as  provided  in  subdivision  five  of
section 70.30 of this article.
(d)  When  a  person  is  alleged  to  have  violated  a  condition of
post-release supervision by absconding and the department of corrections
and community supervision has declared such person to be delinquent: (i)
the  declaration  of  delinquency  shall   interrupt   the   period   of
post-release  supervision;  (ii)  such interruption shall continue until
the person is restored to post-release supervision; (iii) if the  person
is  restored  to  post-release supervision without being returned to the
department of corrections and community supervision, any time  spent  in
custody  from  the date of delinquency until restoration to post-release
supervision shall first be credited to the maximum or aggregate  maximum
term  of  the  sentence  or  sentences  of imprisonment, but only to the

extent authorized by subdivision three of section 70.40 of this article.
Any time spent in custody solely  pursuant  to  such  delinquency  after
completion  of  the maximum or aggregate maximum term of the sentence or
sentences   of   imprisonment   shall  be  credited  to  the  period  of
post-release supervision, if any; and (iv)  if  the  person  is  ordered
returned to the department of corrections and community supervision, the
person  shall  be  required  to  serve  the time assessment before being
re-released to post-release  supervision.  If  the  person  is  detained
pursuant  to  paragraph  (a) of subdivision three of section two hundred
fifty-nine-i of  the  executive  law  pending  a  preliminary  or  final
revocation  hearing,  the time assessment imposed following such hearing
shall commence upon the execution of  the  warrant.  If  a  warrant  was
executed  pursuant  to paragraph (a) of subdivision three of section two
hundred fifty-nine-i of the executive  law  but  a  court  released  the
person  pending  a  preliminary  or  final  revocation hearing, the time
assessment shall commence upon the issuance of a determination  after  a
final  hearing  that  the  person has violated one or more conditions of
community supervision in an important respect,  and  shall  include  the
time  period  between execution of the warrant and release of the person
pending a preliminary or final revocation  hearing.  If  a  releasee  is
committed to the custody of the sheriff pursuant to article five hundred
thirty of the criminal procedure law, the time assessment, if any, shall
include  any  time  the  releasee  spent in such custody. If a notice of
violation was issued  pursuant  to  subdivision  three  of  section  two
hundred  fifty-nine-i  of  the  executive law, the time assessment shall
commence upon the issuance of a determination after a final hearing that
the person has violated one or more  conditions  of  supervision.  While
serving  such assessment, the person shall not receive any good behavior
allowance pursuant to section eight hundred three of the correction law.
Any time spent in custody from the date of delinquency until  return  to
the  department  of corrections and community supervision shall first be
credited to the maximum or aggregate maximum term  of  the  sentence  or
sentences  of  imprisonment,  but  only  to  the  extent  authorized  by
subdivision three of section 70.40  of  this  article.  The  maximum  or
aggregate  maximum  term  of  the  sentence or sentences of imprisonment
shall run while the person  is  serving  such  time  assessment  in  the
custody  of the department of corrections and community supervision. Any
time  spent  in  custody  solely  pursuant  to  such  delinquency  after
completion  of  the maximum or aggregate maximum term of the sentence or
sentences  of  imprisonment  shall  be  credited  to   the   period   of
post-release supervision, if any.
(e)  Notwithstanding paragraph (d) of this subdivision, in the event a
person  is  sentenced  to  one  or  more  additional  indeterminate   or
determinate term or terms of imprisonment prior to the completion of the
period   of   post-release  supervision,  such  period  of  post-release
supervision shall be held in abeyance and the person shall be  committed
to   the   custody  of  the  department  of  corrections  and  community
supervision in  accordance  with  the  requirements  of  the  prior  and
additional terms of imprisonment.
(f)  When  a  person  serving  a period of post-release supervision is
returned to the department  of  corrections  and  community  supervision
pursuant  to  an  additional  consecutive  sentence  of imprisonment and
without a  declaration  of  delinquency,  such  period  of  post-release
supervision shall be held in abeyance while the person is in the custody
of  the department of corrections and community supervision. Such period
of post-release supervision  shall  resume  running  upon  the  person's
re-release.