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 and indeterminate new term. The new terms are
concurrent with each other, but consecutive to the prior time owed. Compute the Parole Eligibility dates twice; compare them, and whichever is longer controls. To compute the first PE, subtract the jail time from 6/7 of the determinate term, then add the prior indeterminate minimum time owed, if any, and add the date received. To compute the second PE, subtract the jail time from the new indeterminate minimum term; then add the prior indeterminate minimum time owed, if any, and add the date received.
Compute the Maximum Expiration dates twice; compare them and whichever is longer controls. To compute the first ME, subtract the jail time from the determinate term; then add the prior indeterminate minimum time owed, if any, and add the date received. To compute the second ME, subtract the jail time from the new indeterminate maximum term; then add the prior indeterminate maximum time owed, and add the date received.
Compute the good time twice, compare them, and whichever is greater must be subtracted from the controlling Maximum Expiration date.
Add 1/7 of the determinate term to 1/3 of the prior indeterminate maximum time owe.
Add 1/3 of the indeterminate maximum term to 1/3 of the prior indeterminate max 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.
