Legal Basis
Pursuant to Penal Law §70.25 (4) for crimes committed after 9/1/75, sentences concurrent with undischarged terms in other jurisdictions were permitted. The commitment must state the sentence is concurrent; otherwise, it is deemed to be consecutive. The concurrent New York State sentence begins to run when an individual is returned to the custody of the other jurisdiction; if this date is unknown, the NYS date sentenced is used.* Prior time credit is received on the minimum term for time from commencement of the sentence in the other jurisdiction to commencement of the New York State sentence. For crimes committed before 10/1/95, subject can only receive prior time credit if the other jurisdiction's sentence is indeterminate.
In order to be considered for parole, an individual must meet the New York State Parole Board face-to-face [Executive Law §259-I (2)(a)]. Thus, he cannot be paroled while incarcerated in another jurisdiction. He can, however, be conditionally released while still in the other jurisdiction's custody by securing a favorable adjustment report.
*The concurrent New York State sentence begins to run when an individual is returned to the custody of the other jurisdiction; if this date is unknown, the NYS date sentenced is used.
