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 consecutive to each other, and consecutive to the prior indeterminate time owed. To compute the parole eligibility date, add 6/7 of the determinate term and the new indeterminate minimum term; then subtract the jail time, add the prior indeterminate minimum time owed, and add the date received.Compute the Maximum Expiration dates twice; compare them, and whichever is longer controls. To compute the first ME, add the determinate term and the new indeterminate minimum term; then subtract the jail time, add the prior indeterminate minimum time owed, 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 and subtract it from the controlling Maximum Expiration date. To compute the good time, add 1/7 of the determinate term, 1/3 of the indeterminate maximum term and 1/3 of the prior indeterminate maximum time owed. *Penal Law 70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole.

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.

Formula for an inmate received with an indeterminate sentence that subsequently received an additional concurrent determinate sentence. To compute the Parole Eligibility date, add 6/7 of the determinate term to the date commenced. Add the indeterminate minimum term to the date received; whichever is longer controls. To compute the Maximum Expiration date, add the determinate term to the date commenced. Add the indeterminate maximum term to the date received, and whichever is longer controls. Compute the good time twice; compare them, and whichever is greater must be subtracted from 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. *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.

Formula for an indeterminate returned parole violator that is consecutive to prior undischarged sentence and there is no delinquency date.

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

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.

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.

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.

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.

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.