2006 New York Code - Calculation Of Terms Of Imprisonment.



 
  § 70.30 Calculation of terms of imprisonment.
    1.  * Indeterminate  or  determinate  sentences.  An  indeterminate or
  determinate sentence of imprisonment  commences  when  the  prisoner  is
  received   in  an  institution  under  the  jurisdiction  of  the  state
  department of correctional services. Where a person is under  more  than
  one  indeterminate  or  determinate  sentence,  the  sentences  shall be
  calculated as follows:
    * NB Effective until September 1, 2009
    * Indeterminate sentences. An indeterminate sentence  of  imprisonment
  commences  when  the  prisoner  is  received in an institution under the
  jurisdiction of the state department of correctional services.  Where  a
  person  is  under  more  than  one indeterminate sentence, the sentences
  shall be calculated as follows:
    * NB Effective September 1, 2009
    * (a) 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  indeterminate  sentences  and
  against  the  terms  of  all  the  concurrent determinate sentences. The
  maximum term or terms of the indeterminate sentences  and  the  term  or
  terms  of  the  determinate sentences shall merge in and be satisfied by
  discharge of the term which has the longest unexpired time to run;
    * NB Effective until September 1, 2009
    * (a) 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 the  maximum  terms
  merge  in  and  are  satisfied  by  discharge  of the term which has the
  longest unexpired time to run;
    * NB Effective September 1, 2009
    * (b) If the defendant is serving two or more indeterminate  sentences
  which  run  consecutively, the minimum periods of imprisonment are added
  to arrive at an aggregate minimum period of imprisonment  equal  to  the
  sum  of  all  the  minimum  periods,  and the maximum terms are added to
  arrive at an aggregate maximum term equal to the sum of all the  maximum
  terms,  provided,  however, that both the aggregate maximum term and the
  aggregate minimum  period  of  imprisonment  shall  be  subject  to  the
  limitations  set  forth  in  paragraphs (e) and (f) of this subdivision,
  where applicable;
    * NB Effective until September 1, 2009
    * (b) If the sentences  run  consecutively,  the  minimum  periods  of
  imprisonment  are  added  to  arrive  at  an aggregate minimum period of
  imprisonment equal to the sum  of  all  the  minimum  periods,  and  the
  maximum  terms are added to arrive at an aggregate maximum term equal to
  the sum of all the maximum  terms,  provided,  however,  that  both  the
  aggregate  maximum term and the aggregate minimum period of imprisonment
  shall be subject to the limitations set forth in paragraphs (c) and  (d)
  of this subdivision, where applicable;
    * NB Effective September 1, 2009
    * (c) If the defendant is serving two or more determinate sentences of
  imprisonment  which  run  consecutively,  the  terms  of the determinate
  sentences  are  added  to  arrive  at  an  aggregate  maximum  term   of
  imprisonment,  provided,  however,  that  the  aggregate maximum term of
  imprisonment shall be subject to the limitations set forth in paragraphs
  (e) and (f) of this subdivision, where applicable.
    * NB Effective until September 1, 2009
    * (c) (i) Except as provided in subparagraph (ii)  or  (iii)  of  this
  paragraph,  the  aggregate maximum term of consecutive sentences imposed
  for two or more crimes, other than two or more  crimes  that  include  a
  class  A  felony,  committed prior to the time the person was imprisoned
  under any of such sentences shall, if it exceeds twenty years, be deemed
  to be twenty years, unless one of the sentences was imposed for a  class
  B  felony, in which case the aggregate maximum term shall, if it exceeds
  thirty  years, be deemed to be thirty years. Where the aggregate maximum
  term of two or more consecutive sentences is reduced by calculation made
  pursuant  to  this  paragraph,   the   aggregate   minimum   period   of
  imprisonment, if it exceeds one-half of the aggregate maximum term as so
  reduced, shall be deemed to be one-half of the aggregate maximum term as
  so reduced;
    (ii) Notwithstanding subparagraph (i) of this paragraph, the aggregate
  maximum  term of consecutive sentences imposed for the conviction of two
  violent felony offenses committed prior  to  the  time  the  person  was
  imprisoned  under  any  of  such sentences and one of which is a class B
  violent felony offense, shall, if it exceeds forty years, be  deemed  to
  be forty years;
    (iii)  Notwithstanding  subparagraphs  (i) and (ii) of this paragraph,
  the aggregate maximum term of  consecutive  sentences  imposed  for  the
  conviction  of  three or more violent felony offenses committed prior to
  the time the person was imprisoned under any of such sentences  and  one
  of which is a class B violent felony offense, shall, if it exceeds fifty
  years, be deemed to be fifty years;
    * NB Effective September 1, 2009
    * (d)  If the defendant is serving one or more indeterminate sentences
  of imprisonment and one or more  determinate  sentence  of  imprisonment
  which  run consecutively, the minimum term or terms of the indeterminate
  sentence or sentences and the term or terms of the determinate  sentence
  or  sentences  are  added  to  arrive  at  an  aggregate maximum term of
  imprisonment,  provided,  however,  (i)  that  in  no  event  shall  the
  aggregate maximum so calculated be less than the term or maximum term of
  imprisonment  of  the  sentence  which has the longest unexpired time to
  run; and (ii) that the aggregate maximum term of imprisonment  shall  be
  subject  to  the limitations set forth in paragraphs (e) and (f) of this
  subdivision, where applicable.
    * NB Effective until September 1, 2009
    * (d) The aggregate maximum term of consecutive sentences imposed upon
  a juvenile offender for two or more crimes,  not  including  a  class  A
  felony, committed before he has reached the age of sixteen, shall, if it
  exceeds   ten   years,  be  deemed  to  be  ten  years.  If  consecutive
  indeterminate sentences imposed  upon  a  juvenile  offender  include  a
  sentence  for the class A felony of arson in the first degree or for the
  class A felony of kidnapping in the first  degree,  then  the  aggregate
  maximum  term  of  such sentences shall, if it exceeds fifteen years, be
  deemed to be fifteen years. Where the aggregate maximum term of  two  or
  more  consecutive sentences is reduced by a calculation made pursuant to
  this paragraph, the aggregate minimum  period  of  imprisonment,  if  it
  exceeds  one-half  of the aggregate maximum term as so reduced, shall be
  deemed to be one-half of the aggregate maximum term as so reduced.
    * NB Effective September 1, 2009
    * (e) (i) Except as provided in subparagraph (ii), (iii),  (iv),  (v),
  (vi)  or  (vii)  of  this  paragraph,  the  aggregate  maximum  term  of
  consecutive sentences, all of which are indeterminate sentences  or  all
  of  which  are  determinate  sentences,  imposed for two or more crimes,
  other than two or more crimes that include a class A  felony,  committed
  prior  to the time the person was imprisoned under any of such sentences
  shall, if it exceeds twenty years, be deemed to be twenty years,  unless
  one of the sentences was imposed for a class B felony, in which case the
  aggregate  maximum  term shall, if it exceeds thirty years, be deemed to
  be thirty years. Where  the  aggregate  maximum  term  of  two  or  more
  indeterminate  consecutive  sentences  is  reduced  by  calculation made
  pursuant  to  this  paragraph,   the   aggregate   minimum   period   of
  imprisonment, if it exceeds one-half of the aggregate maximum term as so
  reduced, shall be deemed to be one-half of the aggregate maximum term as
  so reduced;
    (ii)  Where  the  aggregate  maximum  term  of two or more consecutive
  sentences, one or more of which is a determinate  sentence  and  one  or
  more  of  which  is  an  indeterminate sentence, imposed for two or more
  crimes, other than two or more crimes that include  a  class  A  felony,
  committed  prior to the time the person was imprisoned under any of such
  sentences, exceeds twenty years, and none of the sentences  was  imposed
  for a class B felony, the following rules shall apply:
    (A)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences exceeds twenty years, the defendant  shall  be  deemed  to  be
  serving to a determinate sentence of twenty years.
    (B)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences is less than twenty years, the defendant shall be deemed to be
  serving an indeterminate sentence the maximum term  of  which  shall  be
  deemed to be twenty years. In such instances, the minimum sentence shall
  be  deemed  to  be  ten  years  or six-sevenths of the term or aggregate
  maximum term of the determinate  sentence  or  sentences,  whichever  is
  greater.
    (iii)  Where  the  aggregate  maximum  term of two or more consecutive
  sentences, one or more of which is a determinate  sentence  and  one  or
  more  of  which  is  an  indeterminate sentence, imposed for two or more
  crimes, other than two or more crimes that include  a  class  A  felony,
  commmitted prior to the time the person was imprisoned under any of such
  sentences,  exceeds  thirty  years, and one of the sentences was imposed
  for a class B felony, the following rules shall apply:
    (A) if the aggregate maximum  term  of  the  determinate  sentence  or
  sentences  exceeds  thirty  years,  the  defendant shall be deemed to be
  serving a determinate sentence of thirty years;
    (B) if the aggregate maximum  term  of  the  determinate  sentence  or
  sentences is less than thirty years, the defendant shall be deemed to be
  serving  an  indeterminate  sentence  the maximum term of which shall be
  deemed to be thirty years. In such instances, the minimum sentence shall
  be deemed to be fifteen years or six-sevenths of the term  or  aggregate
  maximum  term  of  the  determinate  sentence or sentences, whichever is
  greater.
    (iv) Notwithstanding subparagraph (i) of this paragraph, the aggregate
  maximum term of consecutive sentences, all of  which  are  indeterminate
  sentences  or  all  of  which are determinate sentences, imposed for the
  conviction of two violent felony offenses committed prior  to  the  time
  the  person  was imprisoned under any of such sentences and one of which
  is a class B violent felony offense, shall, if it exceeds  forty  years,
  be deemed to be forty years
    (v)  Notwithstanding  subparagraphs  (ii) and (iii) of this paragraph,
  where the aggregate maximum term of two or more  consecutive  sentences,
  one  or more of which is a determinate sentence and one or more of which
  is an indeterminate sentence, and where such sentences are  imposed  for
  the  conviction  of  two  violent felony offenses committed prior to the
  time the person was imprisoned under any such sentences and where one of
  which is a class B violent felony offense,  the  following  rules  shall
  apply:
    (A)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences exceeds forty years, the  defendant  shall  be  deemed  to  be
  serving a determinate sentence of forty years;
    (B)  if  the  aggregate  maximum  term  of the determinate sentence or
  sentences is less than forty years, the defendant shall be deemed to  be
  serving  an  indeterminate  sentence  the maximum term of which shall be
  deemed to be forty years. In such instances, the minimum sentence  shall
  be  deemed  to  be twenty years or six-sevenths of the term or aggregate
  maximum term of the determinate  sentence  or  sentences,  whichever  is
  greater.
    (vi) Notwithstanding subparagraphs (i) and (iv) of this paragraph, the
  aggregate  maximum  term  of  consecutive  sentences,  all  of which are
  indeterminate or all of which are determinate sentences, imposed for the
  conviction of three or more violent felony offenses committed  prior  to
  the  time  the person was imprisoned under any of such sentences and one
  of which is a class B violent felony offense, shall, if it exceeds fifty
  years, be deemed to be fifty years;
    (vii) Notwithstanding  subparagraphs  (ii),  (iii)  and  (v)  of  this
  paragraph,  where  the aggregate maximum term of two or more consecutive
  sentences, one or more of which is a determinate  sentence  and  one  or
  more of which is an indeterminate sentence, and where such sentences are
  imposed  for  the  conviction  of  three or more violent felony offenses
  committed prior to the time the person was  imprisoned  under  any  such
  sentences  and  one  of  which  is a class B violent felony offense, the
  following rules shall apply:
    (A) if the aggregate maximum  term  of  the  determinate  sentence  or
  sentences  exceeds  fifty  years,  the  defendant  shall be deemed to be
  serving a determinate sentence of fifty years.
    (B) if the aggregate maximum  term  of  the  determinate  sentence  or
  sentences  is less than fifty years, the defendant shall be deemed to be
  serving an indeterminate sentence the maximum term  of  which  shall  be
  deemed  to be fifty years. In such instances, the minimum sentence shall
  be deemed to be  twenty-five  years  or  six-sevenths  of  the  term  or
  aggregate  maximum  term  of  the  determinate  sentence  or  sentences,
  whichever is greater.
    (viii) Notwithstanding  any  provision  of  this  subdivision  to  the
  contrary  where  a  person is serving two or more consecutive sentences,
  one or more of which is an indeterminate sentence and  one  or  more  of
  which  is  a  determinate  sentence,  and  if he would be eligible for a
  reduction provision pursuant to this subdivision if the maximum term  or
  aggregate  maximum  term of the indeterminate sentence or sentences were
  added to the term or aggregate maximum term of the determinate  sentence
  or  sentences,  the  person  shall  be  deemed  to  be  eligible for the
  applicable  reduction  provision  and  the  rules  set  forth  in   this
  subdivision shall apply.
    * NB Effective until September 1, 2009
    * (f) The aggregate maximum term of consecutive sentences imposed upon
  a  juvenile  offender  for  two  or more crimes, not including a class A
  felony, committed before he has reached the age of sixteen, shall, if it
  exceeds  ten  years,  be  deemed  to  be  ten  years.   If   consecutive
  indeterminate  sentences  imposed  upon  a  juvenile  offender include a
  sentence for the class A felony of arson in the first degree or for  the
  class  A  felony  of  kidnapping in the first degree, then the aggregate
  maximum term of such sentences shall, if it exceeds  fifteen  years,  be
  deemed  to  be fifteen years. Where the aggregate maximum term of two or
  more consecutive sentences is reduced by a calculation made pursuant  to
  this  paragraph,  the  aggregate  minimum  period of imprisonment, if it
  exceeds one-half of the aggregate maximum term as so reduced,  shall  be
  deemed to be one-half of the aggregate maximum term as so reduced.
    * NB Effective until September 1, 2009
    2.  Definite  sentences. A definite sentence of imprisonment commences
  when  the  prisoner  is  received  in  the  institution  named  in   the
  commitment. Where a person is under more than one definite sentence, the
  sentences shall be calculated as follows:
    (a) If the sentences run concurrently and are to be served in a single
  institution,  the  terms  merge in and are satisfied by discharge of the
  term which has the longest unexpired time to run;
    (b) If the sentences run consecutively and  are  to  be  served  in  a
  single  institution,  the terms are added to arrive at an aggregate term
  and are satisfied by discharge of such aggregate term, or by service  of
  two  years  imprisonment  plus any term imposed for an offense committed
  while the person is under the sentences, whichever is less;
    (c) If the sentences run concurrently and are to  be  served  in  more
  than  one  institution, the term of each such sentence shall be credited
  with the portion of any concurrent term served after that  sentence  was
  imposed;
    (d)  If  the  sentences run consecutively and are to be served in more
  than one institution, the aggregate of the time served  in  all  of  the
  institutions  shall  not  exceed  two years plus any term imposed for an
  offense committed while the person is under the sentences.
    2-a. Undischarged imprisonment in other jurisdiction. Where  a  person
  who  is  subject  to  an  undischarged term of imprisonment imposed at a
  previous time by a court of another  jurisdiction  is  sentenced  to  an
  additional  term  or  terms of imprisonment by a court of this state, to
  run concurrently with such undischarged term, such  additional  term  or
  terms  shall  be  deemed to commence when the said person is returned to
  the custody of the appropriate official of such other jurisdiction where
  the undischarged term of imprisonment is being served. If the additional
  term or terms imposed shall run consecutively to the  said  undischarged
  term,  such additional term or terms shall commence when the prisoner is
  received in the appropriate institution as provided in subdivisions  one
  and two of this section. The term or terms of such imprisonment shall be
  calculated  and  such other pertinent provisions of this section applied
  in the same manner as where a person is under more than one sentence  in
  this state as provided in this section.
    * 3.  Jail  time.  The  term  of  a  definite  sentence, a determinate
  sentence, or the maximum term of an indeterminate sentence imposed on  a
  person  shall  be credited with and diminished by the amount of time the
  person spent in custody prior to the commencement of such sentence as  a
  result  of the charge that culminated in the sentence. In the case of an
  indeterminate sentence, if the minimum period of imprisonment  has  been
  fixed  by  the court or by the board of parole, the credit shall also be
  applied against the minimum period. The credit herein provided shall  be
  calculated  from the date custody under the charge commenced to the date
  the sentence commences and shall not include any time that  is  credited
  against  the  term or maximum term of any previously imposed sentence or
  period of post-release supervision to which the person is subject. Where
  the charge or charges culminate in more than one  sentence,  the  credit
  shall be applied as follows:
    (a)  If  the  sentences  run concurrently, the credit shall be applied
  against each such sentence;
    (b) If the sentences run consecutively, the credit  shall  be  applied
  against  the  aggregate  term or aggregate maximum term of the sentences
  and against the aggregate minimum period of imprisonment.
    In any case where a person has been in custody due to  a  charge  that
  culminated in a dismissal or an acquittal, the amount of time that would
  have  been  credited  against  a  sentence for such charge, had one been
  imposed, shall be credited against any  sentence  that  is  based  on  a
  charge  for which a warrant or commitment was lodged during the pendency
  of such custody.
    * NB Effective until September 1, 2009
    * 3. Jail time. The term of a definite sentence or the maximum term of
  an indeterminate sentence imposed on a person shall be credited with and
  diminished  by  the  amount of time the person spent in custody prior to
  the commencement of such  sentence  as  a  result  of  the  charge  that
  culminated in the sentence. In the case of an indeterminate sentence, if
  the minimum period of imprisonment has been fixed by the court or by the
  board  of  parole,  the credit shall also be applied against the minimum
  period. The credit herein provided shall be  calculated  from  the  date
  custody  under  the  charge commenced to the date the sentence commences
  and shall not include any time that is  credited  against  the  term  or
  maximum   term   of   any  previously  imposed  sentence  or  period  of
  post-release supervision to which  the  person  is  subject.  Where  the
  charge  or charges culminate in more than one sentence, the credit shall
  be applied as follows:
    (a) If the sentences run concurrently, the  credit  shall  be  applied
  against each such sentence;
    (b)  If  the  sentences run consecutively, the credit shall be applied
  against the aggregate term or aggregate maximum term  of  the  sentences
  and against the aggregate minimum period of imprisonment.
    In  any  case  where a person has been in custody due to a charge that
  culminated in a dismissal or an acquittal, the amount of time that would
  have been credited against a sentence for  such  charge,  had  one  been
  imposed,  shall  be  credited  against  any  sentence that is based on a
  charge for which a warrant or commitment was lodged during the  pendency
  of such custody.
    * NB Effective September 1, 2009
    * 4.  Good  behavior  time.  Time allowances earned for good behavior,
  pursuant to the provisions of the correction law, shall be computed  and
  applied as follows:
    (a)  In  the  case of a person serving an indeterminate or determinate
  sentence, the total of such allowances shall be calculated  as  provided
  in  section eight hundred three of the correction law and the allowances
  shall be applied as provided in paragraph  (b)  of  subdivision  one  of
  section 70.40;
    (b)  In the case of a person serving a definite sentence, the total of
  such allowances shall not exceed one-third of his term or aggregate term
  and the allowances shall be applied as a credit against such term.
    * NB Effective until September 1, 2009
    * 4. Good behavior time. Time allowances  earned  for  good  behavior,
  pursuant  to the provisions of the correction law, shall be computed and
  applied as follows:
    (a) In the case of a person serving  an  indeterminate  sentence,  the
  total  of  such  allowances shall not exceed one-third of his maximum or
  aggregate maximum term and the allowances shall be applied  as  provided
  in subdivision one (b) of section 70.40;
    (b)  In the case of a person serving a definite sentence, the total of
  such allowances shall not exceed one-third of his term or aggregate term
  and the allowances shall be applied as a credit against such term.
    * NB Effective September 1, 2009
    5. Time served under vacated sentence. When a sentence of imprisonment
  that has been imposed on a person is  vacated  and  a  new  sentence  is
  imposed  on  such  person  for the same offense, or for an offense based
  upon the same act, the new sentence shall be calculated  as  if  it  had
  commenced  at  the  time  the  vacated  sentence commenced, and all time
  credited against the vacated sentence shall be credited against the  new
  sentence. In any case where a vacated sentence also includes a period of
  post-release  supervision,  all  time  credited  against  the  period of
  post-release  supervision  shall  be  credited  against  the  period  of
  post-release  supervision included with the new sentence. In the event a
  period  of  post-release  supervision  is  not  included  with  the  new
  sentence, such period shall be credited against the new sentence.
    6.  Escape.  When  a  person who is serving a sentence of imprisonment
  escapes from custody, the escape shall interrupt the sentence  and  such
  interruption  shall  continue  until  the  return  of  the person to the
  institution in which the sentence was being served or, if  the  sentence
  was  being  served in an institution under the jurisdiction of the state
  department  of  correctional  services,  to  an  institution  under  the
  jurisdiction  of  that  department.  Any  time  spent  by such person in
  custody from the date of escape to the date the sentence  resumes  shall
  be  credited  against  the  term  or  maximum  term  of  the interrupted
  sentence, provided:
    (a) That such custody was due to an arrest or surrender based upon the
  escape; or
    (b) That such custody arose from an arrest  on  another  charge  which
  culminated in a dismissal or an acquittal; or
    (c)  That  such  custody  arose from an arrest on another charge which
  culminated in  a  conviction,  but  in  such  case,  if  a  sentence  of
  imprisonment  was  imposed,  the  credit allowed shall be limited to the
  portion of the time spent in custody that exceeds the  period,  term  or
  maximum term of imprisonment imposed for such conviction.
    * 7.  Absconding  from  temporary  release or furlough program. When a
  person who is serving a sentence of imprisonment is permitted  to  leave
  an  institution  to participate in a program of work release or furlough
  program as such term is defined in section six hundred thirty-one of the
  correction law, or in the case of an institution under the  jurisdiction
  of the state department of correctional services or a facility under the
  jurisdiction of the state division for youth to participate in a program
  of  temporary release, fails to return to the institution or facility at
  or before the  time  prescribed  for  his  return,  such  failure  shall
  interrupt  the  sentence  and such interruption shall continue until the
  return of the person to the institution in which the sentence was  being
  served  or, if the sentence was being served in an institution under the
  jurisdiction of the state  department  of  correctional  services  or  a
  facility  under  the  jurisdiction of the state division for youth to an
  institution under the jurisdiction of  that  department  or  a  facility
  under  the  jurisdiction of that division. Any time spent by such person
  in an institution from the date of his failure to return to the date his
  sentence resumes shall be credited against the term or maximum  term  of
  the interrupted sentence, provided:
    (a)  That  such  incarceration was due to an arrest or surrender based
  upon the failure to return; or
    (b) That such incarceration arose from an  arrest  on  another  charge
  which culminated in a dismissal or an acquittal; or
    (c)  That  such  custody  arose from an arrest on another charge which
  culminated in  a  conviction,  but  in  such  case,  if  a  sentence  of
  imprisonment  was  imposed,  the  credit allowed shall be limited to the
  portion of the time spent in custody that exceeds the  period,  term  or
  maximum term of imprisonment imposed for such conviction.
    * NB Expires September 1, 2007

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