Legal Basis
The minimum and maximum terms of concurrent sentences merge and are satisfied by the term which has the longest unexpired time to run. Use Penal Law 70.25 to determine if the new sentence is concurrent or consecutive. Pursuant to Penal Law 70.30 (1)(a) the minimum and maximum terms of an additional concurrent sentence commence on the date the sentence is imposed and prior time credit is deducted from the minimum term of the additional sentence. Prior time credit is calculated form the date received on the prior sentence to the date sentenced on the present sentence. Compare the existing minimum term to the new minimum term; if the new term is less than or the same as the old term, the current Parole Eligibility Date will remain. If not, a new Parole Eligibility Date should be calculated. By hand, compute the new maximum expiration date and compare it to the current maximum expiration date; the larger of the two becomes the inmates maximum expiration date. If the maximum expiration date does not change, the conditional release date does not change. It is important to realize that not all additional concurrent sentences will result in a change in release dates.
WARNING! If the client previously received 'Good Time' on his previous sentence s/he will not be given this credit again on that previous sentence. S/he will get 'Good Time' credit on her/his current 'Additional Sentence'.Therefore, please deduct this 'Good Time" and adjust/extend his/her 'Maximum Expiration Date' accordingly.
