Legal Basis
Additional Information
- Dismissed Case Jail time credit
In addition to this case (on which you are calculating the release date), was the inmate in custody at the same time on another case that was dismissed? If so, make sure you credit the jail time from the dismissed case to this case. Refer to Penal Law 70.30(3)
- Merger of certain definite and indeterminate and determinate sentences
If the inmate was sentenced to an indeterminate or determinate sentence prior to the imposition of a definite sentence for an offense committed prior to the imposition of the indeterminate or indeterminate sentence, the definite sentence is satisfied by the service of the indeterminate or determinate sentence. In simple terms, if an inmate is first sentenced on a felony to upstate time and a definite sentence is pending the sentences merge and the definite sentence is satisfied by the service of the upstate sentence. Penal Law 70.35
There is an exception for Assault 2 (Penal Law 120.05), Subdivision 7.This is when the assault takes place in jail. This is referenced in Penal Law 70.25 (5)(b). In that case the definite sentence will run consecutively to the indeterminate or determinate sentence unless the judge runs it concurrently in the “interest of Justice’ ( PL 70.25(5)(c).
PL § 70.15
1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime. 2. Class B misdemeanor. A sentence of imprisonment for a class B misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed three months. 3. Unclassified misdemeanor. A sentence of imprisonment for an unclassified misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall be in accordance with the sentence specified in the law or ordinance that defines the crime. 4. Violation. A sentence of imprisonment for a violation shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed fifteen days. In the case of a violation defined outside this chapter, if the sentence is expressly specified in the law or ordinance that defines the offense and consists solely of a fine, no term of imprisonment shall be imposed. - See more at: http://codes.lp.findlaw.com/nycode/PEN/TWO/E/70/70.15#sthash.2QDsf5Ct.dpuf
PL § 70.30(2)
Definite sentences. A definite sentence of imprisonment commences when the prisoner is received in the institution named in the commitment. Where a person is under more than one definite sentence, the sentences shall be calculated as follows: (a) If the sentences run concurrently and are to be served in a single institution, the terms merge in and are satisfied by discharge of the term which has the longest unexpired time to run; (b) If the sentences run consecutively and are to be served in a single institution, the terms are added to arrive at an aggregate term and are satisfied by discharge of such aggregate term, or by service of two years imprisonment plus any term imposed for an offense committed while the person is under the sentences, whichever is less; (c) If the sentences run concurrently and are to be served in more than one institution, the term of each such sentence shall be credited with the portion of any concurrent term served after that sentence was imposed; (d) If the sentences run consecutively and are to be served in more than one institution, the aggregate of the time served in all of the institutions shall not exceed two years plus any term imposed for an offense committed while the person is under the sentences.
PL70.30(3)
In any case where a person has been in custody due to a charge that culminated in a dismissal or acquittal, the amount of time that would have been credited against a sentence for such charge, had one been imposed, shall be credited against any sentence that is based on a charge for which a warrant or commitment was lodged during the pendency of such custody.
Note:
If your client was incarcerated at any time during the pendency of both cases, enter the Jail Time from the date when s/he was arrested on the dismissed case until his/her incarceration on the sentenced case.
N.Y. COR. LAW § 804-a : Good behavior allowances for certain civil commitments
1. Every person confined in an institution serving a civil commitment for a fixed period of time, whose release is not conditional upon any act within his power to perform, may receive time allowances as discretionary reductions of the term of his commitment not to exceed, in the aggregate, one-third of the term imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and may be withheld, forfeited or cancelled in whole or in part for bad behavior, violation of institutional rules or failure to perform properly in the duties or program assigned. 2. Allowances based upon commitments of less than one month may be granted, and in such case the maximum allowances shall be one day for every three days of the commitment. In no case, however, shall the total of all allowances granted to any such person exceed one-third of the time he would be required to serve, computed without regard to this section. 3. No person shall have the right to demand or require the allowances authorized by this section. The decision of the sheriff, superintendent, warden or other person in charge of the institution, or where such institution is under the jurisdiction of a county or city department the decision of the head of such department, as to the granting, withholding, forfeiture, cancellation, or restoration of such allowances shall be final and shall not be reviewable if made in accordance with law. 4. The state commission of correction shall promulgate record keeping rules and regulations for the granting, withholding, forfeiture, cancellation and restoration of allowances authorized by this section. 5. Upon commencement of any civil commitment as described in subdivision one of this section, the provisions of this section shall be furnished to the person serving the commitment and the meaning of same shall be fully explained to him by an officer designated in the regulation to perform such duty - See more at: http://codes.lp.findlaw.com/nycode/COR/24/804-a#sthash.BLBw9XfD.dpuf
