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Definite Case 3

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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: (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;

4. Good behavior time. Time allowances earned for good behavior, pursuant to the provisions of the correction law, shall be computed and applied as follows: (b) In the case of a person serving a definite sentence, the total of such allowances shall not exceed one-third of his term or aggregate term and the allowances shall be applied as a credit against such term.

N.Y. COR. LAW § 804

1. Every person confined in an institution serving a definite sentence of imprisonment may receive time allowances as discretionary reductions of the term of his sentence not to exceed in he 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. If a person is serving more than one sentence, the authorized allowances may be granted separately against the term of each sentence or, where consecutive sentences are involved, against he aggregate term. Allowances based upon sentences of less than one month may be granted, and in such case the maximum allowance shall be one day for every three days of the sentence. 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.

17: CC MEPS

New York State Sentences

Formula for an indeterminate returned parole violator that is concurrent with a prior undischarged sentence and there is no delinquency date.

The good time is 1/3 of the indeterminate maximum term.

The CC MEPS date is the maximum expiration date from the prior DIN. When the subject is released from DOCS, the later of the two dates controls.

15: Additional Consecutive Interrupted Term

New York State Sentences

For an additional consecutive sentence that requires more than just a basic computation. The new minimum term is added to the later of the sentence date or prior parole eligibility date. The maximum term is added to the prior maximum expiration date.

Good time is 1/3 of the new maximum term plus the good time from the prior term.

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.

06: Additional Consecutive Indeterminate – Uninterrupted (Basic)

New York State Sentences

If a commitment does not state whether it is concurrent or consecutive to a previously imposed sentence, use Penal Law §70.25 to determine if the sentences are concurrent or consecutive. When multiple sentences are imposed to run consecutively, both the minima and maxima are added to arrive at an aggregate total, subject to the limitations in Penal Law §70.30 (1)(e).

1. For crimes committed on or after 10/1/95, refer to the Penal Law or contact the Office of Sentencing Review.

2. For crimes committed between 5/31/83 and 9/30/95, the Reduction Statute was used as follows:

a. If one of the consecutive felonies is a Class A felony, there is no reduction.

b. The aggregate maximum term of consecutive sentences imposed for three or more violent felony offenses committed prior to the time the person was imprisoned under any of such sentences and at least one of which is a Class B violent felony offense, shall, if it exceeds fifty years, be deemed to be fifty years.

c. The aggregate maximum term of consecutive sentences imposed for two violent felony offenses committed prior to the time the person was imprisoned under any of such sentences and at least one of which is a class B violent felony offense, shall, if it exceeds forty years, be deemed to be forty years.

d. The aggregate maximum term of consecutive sentences committed prior to the time the person was imprisoned under any of such sentences and at least one of which is a Class B felony offense, shall, if it exceeds thirty years, be deemed to be thirty years.

e. The aggregate maximum term of consecutive sentences committed prior to the time the person was imprisoned under any of such sentences, shall, if it exceeds twenty years, be deemed to be twenty years.

Where this reduction is made, the aggregate minimum period of imprisonment, if it exceeds one-half of the reduced aggregate maximum term, shall be deemed to be one-half of the reduced aggregate maximum term.

3. For crimes committed between 9/1/78 and 5/30/83, the aggregate maximum term of consecutive sentences imposed for two or more crimes, other than two or more crimes that include a Class A felony, committed prior to the time the person was imprisoned under any of such sentences, shall, if it exceeds twenty years, be deemed to be twenty years, unless one of the sentences was imposed for a Class B felony, in which case the aggregate maximum term shall, if it exceeds thirty years, be deemed to be thirty years. Where the aggregate maximum term of two or more consecutive sentences is reduced by calculation made pursuant to the above, the aggregate minimum period of imprisonment, if it exceeds one-half of the aggregate maximum term as so reduced, shall be deemed to be one-half of the aggregate maximum term as so reduced.

4. For crimes committed between 9/1/78 and 6/1/80, the aggregate minimum could not exceed one-half the longest single maximum imposed except for Class A or B felonies.

5. For crimes committed between 9/1/67 and 8/31/78, the aggregate maximum term of consecutive sentences imposed for two or more crimes committed prior to the time the person was imprisoned under any of such sentences shall, if it exceeds twenty years, be deemed to be twenty years, unless one of the sentences was imposed for a Class B felony, in which case the aggregate maximum term shall, I fit exceeds thirty years, be deemed to be thirty years.

6. For crimes committed between 9/1/67 and 8/31/78, the consecutive minima merged in and were satisfied by service of the longest minimum term. If an additional consecutive sentence was imposed after the minimum or the prior sentence was exceeded, the new minimum was calculated from the date of imposition of the additional sentence.

7. For crimes committed prior to 9/1/67, the under the "old Law," the Parole Board paroled inmates on paper to allow them to finish one sentence and then start a consecutive sentence.

05 Additional Concurrent

New York State Sentences

The minimum and maximum terms of concurrent sentences merge and are satisfied by the term which has the longest unexpired time to run. Use Penal Law 70.25 to determine if the new sentence is concurrent or consecutive. Pursuant to Penal Law 70.30 (1)(a) the minimum and maximum terms of an additional concurrent sentence commence on the date the sentence is imposed and prior time credit is deducted from the minimum term of the additional sentence. Prior time credit is calculated form the date received on the prior sentence to the date sentenced on the present sentence. Compare the existing minimum term to the new minimum term; if the new term is less than or the same as the old term, the current Parole Eligibility Date will remain. If not, a new Parole Eligibility Date should be calculated. By hand, compute the new maximum expiration date and compare it to the current maximum expiration date; the larger of the two becomes the inmates maximum expiration date. If the maximum expiration date does not change, the conditional release date does not change. It is important to realize that not all additional concurrent sentences will result in a change in release dates.

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.

01 Basic Indeterminate Sentence

New York State Sentences

The basic computation is used when the factors involved are limited to a sentence, jail time, and date received. Penal Law 70.30 (1) states that the sentence commences when the inmate is received in this Department. Penal Law 70.30 (3) states that the sentence is credited with jail time. Correction Law 601-a states that the jail time must be certified by the New York City Department of Corrections or the County Sheriff. Penal Law 70.30 (4) states that good time may be subtracted from the maximum expiration date. Correction Law 803 (1) states the amount of good time. Penal Law 70.40 (1) states that the inmate is eligible for parole after serving his/her minimum term. During certain circumstances an inmate may be released prior to serving his/her minimum term. These are: shock incarceration, sentences of parole supervision (Willard), merit, medical parole, and early parole to deportation. The inmate is usually seen by the Parole Board two months prior to his/her parole eligibility date. The Board may release him or they may hold him for a reappearance at a later date. If the inmate is not released by the Parole Board, he may eventually be released by conditional release. The inmate is usually seen by the Time Allowance Committee four months prior to his/her conditional release date. The Time Allowance Committee reviews the inmates incarceration behavior and programming to decide if he has earned his/her good time. There is no conditional release on a maximum term of life. If he is not released by the parole board or the time allowance committee, he will remain in custody until his/her maximum expiration date.

Definite Consecutive Sentences

New York Local Sentences

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

Single Definite Sentence

New York Local Sentences

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