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10 year Felony Calculation for Judicial Diversion Eligibility

January 9, 201510 Year Felony Calculatornycterry

N.Y. CPL. LAW § 216.00:

NY Code - Section 216.00: Definitions
The following definitions are applicable to this article:

1. "Eligible defendant" means any person who stands charged in an indictment or a superior court information with a class B, C, D or E felony offense defined in article two hundred twenty or two hundred twenty-one of the penal law or any other specified offense as defined in subdivision four of section 410.91 of this chapter, provided, however, a defendant is not an "eligible defendant" if he or she:

(a) within the preceding ten years, excluding any time during which the offender was incarcerated for any reason between the time of commission of the previous felony and the time of commission of the present felony, has previously been convicted of: (i) a violent felony offense as defined in section 70.02 of the penal law or (ii) any other offense for which a merit time allowance is not available pursuant to subparagraph (ii) of paragraph (d) of subdivision one of section eight hundred three of the correction law, or (iii) a class A felony offense defined in article two hundred twenty of the penal law; or

(b) has previously been adjudicated a second violent felony offender pursuant to section 70.04 of the penal law or a persistent violent felony offender pursuant to section 70.08 of the penal law.

A defendant who also stands charged with a violent felony offense as defined in section 70.02 of the penal law or an offense for which merit time allowance is not available pursuant to subparagraph (ii) of paragraph (d) of subdivision one of section eight hundred three of the correction law for which the court must, upon the defendant's conviction thereof, sentence the defendant to incarceration in state prison is not an eligible defendant while such charges are pending. A defendant who is excluded from the judicial diversion program pursuant to this paragraph or paragraph (a) or (b) of this subdivision may become an eligible defendant upon the prosecutor's consent.

2. "Alcohol and substance abuse evaluation" means a written assessment and report by a court-approved entity or licensed health care professional experienced in the treatment of alcohol and substance abuse, or by an addiction and substance abuse counselor credentialed by the office of alcoholism and substance abuse services pursuant to section 19.07 of the mental hygiene law, which shall include:

(a) an evaluation as to whether the defendant has a history of alcohol or substance abuse or alcohol or substance dependence, as such terms are defined in the diagnostic and statistical manual of mental disorders, fourth edition, and a co-occurring mental disorder or mental illness and the relationship between such abuse or dependence and mental disorder or mental illness, if any;

(b) a recommendation as to whether the defendant's alcohol or substance abuse or dependence, if any, could be effectively addressed by judicial diversion in accordance with this article;

(c) a recommendation as to the treatment modality, level of care and length of any proposed treatment to effectively address the defendant's alcohol or substance abuse or dependence and any co-occurring mental disorder or illness; and

(d) any other information, factor, circumstance, or recommendation deemed relevant by the assessing entity or specifically requested by the court.

* NB Effective October 7, 2009

28: Determinate with Concurrent Additional Indeterminate Sentence

January 9, 2015New York State Sentencesnycterry

Formula for an inmate received with a determinate sentence that subsequently received an additional concurrent indeterminate sentence. To compute the Parole Eligibility date, add 6/7 of the determinate term to the date received. Add the indeterminate minimum term to the date sentenced, and whichever is longer controls. To compute the Maximum Expiration date, add the determinate term to the date received. Add the indeterminate maximum term to the date sentenced, and whichever is longer controls. To compute the Conditional Release*, use the controlling Maximum Expiration date. The good time on the determinate term is 1/7 of the determinate term. The good time on the indeterminate term is 1/3 of the maximum term. Compare the good time; whichever is greater must be subtracted from the controlling Maximum Expiration date. *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.

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.

27: Determinate with Concurrent Determinate Sentence

January 9, 2015New York State Sentencesnycterry

Formula for an inmate received with a determinate sentence that subsequently received an additional concurrent determinate. No Parole Eligibility date. The good time is 1/7 of the larger determinate term.

30: Determinate with Additional Consecutive Determinate Term

January 9, 2015New York State Sentencesnycterry

Formula for an inmate received with a determinate sentence that subsequently received an additional consecutive determinate sentence.

Parole Eligibility date: Inmates with only determinate sentences do not have Parole Eligibility dates and are not entitled to a parole board appearance.

To compute the Maximum Expiration date, add the additional consecutive determinate term to the prior Maximum Expiration date.

The good time is 1/7 of the additional determinate term plus 1/7 of the prior determinate term.

31: Determinate with Additional Consecutive Indeterminate Term

January 9, 2015New York State Sentencesnycterry

Formula for an inmate received with a determinate sentence that subsequently received an additional consecutive indeterminate sentence.

To compute the Parole Eligibility date, add 6/7 of the determinate term to the date received. Add the indeterminate minimum term to the longer of the prior Parole Eligibility date or the additional sentence date.

To compute the Maximum Expiration date, add the indeterminate minimum term to the prior Maximum Expiration date. Add the indeterminate maximum term to the date sentenced, and whichever is longer controls.

To compute the Conditional Release date*, use the controlling Maximum Expiration date. The good time is 1/7 of the determinate term plus 1/3 of the indeterminate maximum term.

*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.

37: Determinate Consecutive MEPS

January 9, 2015New York State Sentencesnycterry

Formula for a determinate returned parole violator that is consecutive to a prior undischarged sentence, and there is no delinquency date.

The CS MEPS date is the Maximum Expiration date from the prior din. Compare the ME date and the MEPS date. When the inmate is released from DOCS custody, the later of the two dates controls.

The good time is 1/7 of the determinate term.

19: Basic Determinate with Consecutive Indeterminate Sentence

January 9, 2015New York State Sentencesnycterry

Formula for an inmate received with two or more consecutive sentences. At least one indeterminate and one determinate.To compute the Parole Eligibility date, add 6/7 of the determinate term to the indeterminate minimum.To compute the Maximum Expiration date, add the determinate term to the indeterminate minimum term. Add the indeterminate maximum term 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 indeterminate maximum term.*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.

21: Determinate Returned Parole Violator with No New Term

January 9, 2015New York State Sentencesnycterry

Formula for determinate returned parole violator with no new term. To compute the adjusted Maximum Expiration date, start with the prior Maximum Expiration date, subtract the delinquency date and parole jail time and add the date returned. The good time is 1/7 of the time owed before the parole jail time is subtracted. The formula for computer 1/7 is (364 x Y) + (30 x M) + D/7. If the remaining time owed is one year or less, there is no good time and no Conditional Release date.

24: Determinate Parole Violator with Consecutive Determinate New Term

January 9, 2015New York State Sentencesnycterry

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 a determinate returned parole violator with a consecutive determinate new term. Parole Eligibility date: Inmates with only determinate sentence(s) do not have parole eligibility dates and are not entitled to a parole board appearance. To compute the Maximum Expiration date, add the determinate term to the prior determinate maximum time owed. The good time is 1/7 of the determinate term plus 1/7 of the prior time owed.

25: Determinate Returning Parole Violator with Consecutive Indeterminate Sentence

January 9, 2015New York State Sentencesnycterry

N.Y. PEN. LAW § 70.25:

* 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 a determinate returned parole violator with a consecutive indeterminate new term. To compute the Conditional Release*, use the controlling Maximum Expiration date. The good time is 1/7 of the determinate time owed plus 1/3 of the indeterminate maximum term. *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.