US Laws, Codes, Statutes & Cases

 
    § 259-h. Parole  eligibility  for certain inmates 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,
  inmates 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 inmate was received in an institution under the jurisdiction of  the
  department pursuant to the sentence;
    (b)  Where  an  inmate  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 inmates, 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 inmate is to be paroled.