Legal Basis
N.Y. PEN. LAW § 70.25:
* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate or determinate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.
* NB Effective until September 1, 2011
* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.
* NB Effective September 1, 2011
Formula for an indeterminate returned parole violator with a consecutive determinate new term. To compute the Parole Eligibility date, add 6/7 of the determinate term to the prior indet min time owed, if any. To compute the Maximum Expiration date, add the determinate term to the prior indeterminate minimum time owed, if any. Add prior indeterminate maximum time owed to the date received, and whichever is longer controls. To compute the Conditional Release*, use the controlling Maximum Expiration date. The good time is 1/7 of the determinate term plus 1/3 of the prior indeterminate maximum time owed. *Penal Law 70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole, so the CR date is slid back to the PE date and the good time is correspondingly reduced.
