2006 New York Code - Release On Parole; Conditional Release; Presumptive Release.



 
  § 70.40 Release on parole; conditional release; presumptive release.
    1. Indeterminate sentence.
    * (a)  Release on parole shall be in the discretion of the state board
  of parole, and such person shall continue service  of  his  sentence  or
  sentences  while  on  parole,  in  accordance  with  and  subject to the
  provisions of the executive law.
    ** (i) A person who is serving one  or  more  than  one  indeterminate
  sentence of imprisonment may be paroled from the institution in which he
  is  confined  at  any  time  after  the expiration of the minimum or the
  aggregate  minimum  period  of  the  sentence  or  sentences  or,  where
  applicable, the minimum or aggregate minimum period reduced by the merit
  time  allowance  granted pursuant to paragraph (d) of subdivision one of
  section eight hundred three of the correction law.
    ** NB Effective until September 1, 2007
    ** (i) A person who is serving one  or  more  than  one  indeterminate
  sentence of imprisonment may be paroled from the institution in which he
  is  confined  at  any  time  after  the expiration of the minimum or the
  aggregate minimum period of the sentence or sentences.
    ** NB Effective September 1, 2007
    (ii) A person who is serving one or more than one determinate sentence
  of imprisonment shall be ineligible for discretionary release on parole.
    (iii) A person who is serving  one  or  more  than  one  indeterminate
  sentence  of  imprisonment and one or more than one determinate sentence
  of imprisonment which run concurrently may be paroled at any time  after
  the   expiration   of   the   minimum  period  of  imprisonment  of  the
  indeterminate  sentence  or  sentences,  or  upon  the   expiration   of
  six-sevenths  of the term of imprisonment of the determinate sentence or
  sentences, whichever is later.
    (iv) A person who is  serving  one  or  more  than  one  indeterminate
  sentence  of  imprisonment and one or more than one determinate sentence
  of imprisonment which run consecutively may be paroled at any time after
  the expiration of the sum of the minimum or aggregate minimum period  of
  the  indeterminate sentence or sentences and six-sevenths of the term or
  aggregate term of imprisonment of the determinate sentence or sentences.
    (v) Notwithstanding any other subparagraph of this paragraph, a person
  may be paroled from the institution in which he is confined at any  time
  on  medical  parole  pursuant to section two hundred fifty-nine-r of the
  executive  law  or  for  deportation  pursuant  to  paragraph   (d)   of
  subdivision two of section two hundred fifty-nine-i of the executive law
  or  after  the  successful  completion  of a shock incarceration program
  pursuant to article twenty-six-A of the correction law.
    * NB Effective until September 1, 2009
    * (a) A person who is serving  one  or  more  than  one  indeterminate
  sentence of imprisonment may be paroled from the institution in which he
  is  confined  at  any  time  after  the expiration of the minimum or the
  aggregate minimum period of imprisonment of the sentence or sentences or
  after the successful completion of a  shock  incarceration  program,  as
  defined  in  article  twenty-six-A  of  the correction law, whichever is
  sooner. Release on parole shall be in the discretion of the state  board
  of  parole,  and  such  person shall continue service of his sentence or
  sentences while on  parole,  in  accordance  with  and  subject  to  the
  provisions of the executive law.
    * NB Effective September 1, 2009
    * (b)  A  person  who is serving one or more than one indeterminate or
  determinate sentence of  imprisonment  shall,  if  he  so  requests,  be
  conditionally released from the institution in which he is confined when
  the  total good behavior time allowed to him, pursuant to the provisions
  of the correction law, is equal to the unserved  portion  of  his  term,
  maximum  term  or aggregate maximum term; provided, however, that (i) in
  no event shall a person serving one or more  indeterminate  sentence  of
  imprisonment  and one or more determinate sentence of imprisonment which
  run  concurrently  be  conditionally  released  until  serving  at least
  six-sevenths of the determinate  term  of  imprisonment  which  has  the
  longest  unexpired  time  to  run and (ii) in no event shall a person be
  conditionally released prior to the date on which such person  is  first
  eligible  for  discretionary  parole release. The conditions of release,
  including those governing post-release supervision, shall be such as may
  be imposed  by  the  state  board  of  parole  in  accordance  with  the
  provisions of the executive law.
    Every  person  so released shall be under the supervision of the state
  board of parole for a period equal to the unserved portion of the  term,
  maximum   term,  aggregate  maximum  term,  or  period  of  post-release
  supervision.
    * NB Effective until September 1, 2009
    * (b) A person who is serving  one  or  more  than  one  indeterminate
  sentence  of  imprisonment  shall,  if  he so requests, be conditionally
  released from the institution in which he is  confined  when  the  total
  good  behavior  time  allowed  to him, pursuant to the provisions of the
  correction law, is equal to the  unserved  portion  of  his  maximum  or
  aggregate  maximum  term.  The  conditions  of  release, including those
  governing post-release supervision, shall be such as may be  imposed  by
  the  state  board  of  parole  in  accordance with the provisions of the
  executive law.
    Every person so released shall be under the supervision of  the  state
  board  of  parole  for  a  period  equal  to the unserved portion of the
  maximum, aggregate maximum term, or period of post-release supervision.
    * NB Effective September 1, 2009
    * (c) A person who is serving  one  or  more  than  one  indeterminate
  sentence  of  imprisonment  shall, if he or she so requests, be released
  from the  institution  in  which  he  or  she  is  confined  if  granted
  presumptive  release  pursuant  to  section  eight  hundred  six  of the
  correction law. The conditions of  release  shall  be  such  as  may  be
  imposed  by  the state board of parole in accordance with the provisions
  of the executive law. Every  person  so  released  shall  be  under  the
  supervision  of  the  state  board  of  parole for a period equal to the
  unserved portion of his or her maximum or aggregate maximum term  unless
  discharged in accordance with law.
    * NB Repealed September 1, 2007
    2.  Definite  sentence.  A  person who is serving one or more than one
  definite sentence of imprisonment with  a  term  or  aggregate  term  in
  excess  of ninety days may, if he so requests, be conditionally released
  from the institution in which he is confined at any time  after  service
  of  sixty  days  of  that  term,  exclusive  of  credits  allowed  under
  subdivisions four and six of section  70.30.  In  computing  service  of
  sixty  days, the credit allowed for jail time under subdivision three of
  section 70.30 shall be calculated as time  served.  Conditional  release
  from  such  institution  shall be in the discretion of the parole board,
  and shall be upon such conditions as may be imposed by  that  board,  in
  accordance with the provisions of the executive law.
    Conditional  release  shall  interrupt  service  of  the  sentence  or
  sentences and the remaining portion of the term or aggregate term  shall
  be  held  in  abeyance.  Every  person  so  released  shall be under the
  supervision of the parole board for a period  of  one  year.  Compliance
  with  the  conditions  of release during the period of supervision shall
  satisfy the portion of the term or aggregate term that has been held  in
  abeyance.
    3.  Delinquency.    (a)  When a person is alleged to have violated the
  terms of presumptive release or parole and the state board of parole has
  declared such person to be delinquent, the  declaration  of  delinquency
  shall  interrupt the person's sentence as of the date of the delinquency
  and  such  interruption shall continue until the return of the person to
  an institution  under  the  jurisdiction  of  the  state  department  of
  correctional services.
    (b)  When  a  person  is  alleged  to  have  violated the terms of his
  conditional release or post-release supervision and  has  been  declared
  delinquent  by  the board or commission having supervision over him, the
  declaration of delinquency shall interrupt the period of supervision  or
  post-release  supervision  as  of  the  date  of  the delinquency. For a
  conditional release, such interruption shall continue until  the  return
  of  the  person  to the institution from which he was released or, if he
  was released from an institution under the  jurisdiction  of  the  state
  department  of  correction,  to an institution under the jurisdiction of
  that department. Upon such return, the person shall  resume  service  of
  his  sentence.  For  a  person released to post-release supervision, the
  provisions of section 70.45 shall apply.
    (c) Any time spent by a person in custody from the time of delinquency
  to the time service of the sentence resumes shall  be  credited  against
  the term or maximum term of the interrupted sentence, provided:
    (i) that such custody was due to an arrest or surrender based upon the
  delinquency; or
    (ii)  that  such  custody arose from an arrest on another charge which
  culminated in a dismissal or an acquittal; or
    (iii) 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.

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