2006 New York Code - Determinate Sentence; Post-release Supervision.



 
  § 70.45 Determinate sentence; post-release supervision.
    1.  In  general.  Each  determinate  sentence also includes, as a part
  thereof, an additional period of post-release supervision.  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  of  at least six months and up to the
  balance of the remaining period  of  post-release  supervision,  not  to
  exceed  five  years.  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.
    2.  Period  of  post-release  supervision.  The period of post-release
  supervision for a determinate sentence 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 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  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;
    (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;
    (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
  upon a conviction of a class D or class E violent felony offense;
    (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
  upon a conviction of a class B or class C violent felony offense.
    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 division of
  parole 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  correctional  services,
  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  division  of  parole  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  and  the division of parole 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  correctional  services,  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 correctional services, the person
  shall be required to serve a time assessment  of  at  least  six  months
  before  being  re-released to post-release supervision. In the event the
  balance of the remaining  period  of  post-release  supervision  is  six
  months or less, such time assessment shall be six months unless a longer
  period  is  authorized  pursuant to subdivision one of this section. 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 correctional
  services 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  correctional  services.  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 correctional services 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  correctional  services 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  correctional  services.  Such  period  of  post-release
  supervision shall resume running upon the person's re-release.

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