LAWS OF NEW YORK, 1995
CHAPTER 3 Sentencing Reform


EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law to be omitted.


LAWS OF NEW YORK, 1995
CHAPTER 3

enacting  the sentencing reform act of 1995; to amend the penal law, the
correction law, the criminal procedure law and the executive  law,  in
relation  to providing for the sentencing of certain felony offenders;
to create the commission to study the effects of the sentencing reform
act of 1995; to amend chapter 886 of the laws  of  1972  amending  the
correction  law  and  the  penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom; to amend  chapter
261  of  the laws of 1987, amending chapters 50, 53 and 54 of the laws
of 1987, the correction law, the penal law and other chapters and laws
relating to correctional facilities; to amend chapter 55 of  the  laws
of  1992,  amending  the  tax  law  and  other laws relating to taxes,
surcharges, fees and funding; to amend chapter  339  of  the  laws  of
1972, amending the correction law and the penal law relating to inmate
work  release,  furlough and leave; to amend chapter 60 of the laws of
1994 relating to certain provisions which impact upon  expenditure  of
certain appropriations made by chapter 50 of the laws of 1994 enacting
the state operations budget; to amend chapter 554 of the laws of 1986,
amending  the  correction  law and the penal law relating to providing
for community treatment  facilities  and  establishing  the  crime  of
absconding from a community treatment facility, in relation to extend-
ing certain provisions of such chapters of law as they relate to pris-
on  furloughs  and  the crime of absconding from prison furloughs, the
earned eligibility program, the comprehensive  alcohol  and  substance
abuse  treatment  program  and the temporary release program; to amend
chapter 169 of the laws of 1994, amending the criminal  procedure  law
and  various  other  laws  relating  to the deposit and expenditure of
funds of the  state,  in  relation  to  extending  the  expiration  of
provisions  related  to  digital fingerprint images of persons charged
with a crime; to amend the  correction  law,  in  relation  to  inmate
custody  fees;  and the penal law, in relation to crime victim assist-
ance fees and providing for the repeal of such provisions upon expira-
tion thereof; to amend chapter 711 of the laws of 1987,  amending  the
executive law relating to creating a witness protection program in the
division  of  criminal  justice services, in relation to extending the
provisions thereof; to  amend  the  correction  law,  in  relation  to
contracts  between  local  jurisdictions and the department of correc-
tional services; provides  eligibility  for  the  shock  incarceration
program  as defined in article 26-A of the correction law and provides
for the closure of Willard Psychiatric Center, to amend the  insurance
law  and the state finance law, in relation to removing the cap on the
state police motor vehicle law enforcement account; to amend the crim-
inal procedure law and the penal law, in relation to collection of the
mandatory surcharge; to repeal subdivisions 2,  3  and  5  of  section
420.35  of  the  criminal procedure law, relating to collection of the
mandatory surcharge; to amend the vehicle and traffic law, in relation
to suspension of driver's licenses and chapter  533  of  the  laws  of
1993,  amending  the  vehicle  and  traffic law and the correction law
relating to  suspension  and  revocation  of  driver's  licenses  upon
conviction  of certain drug-related offenses, in relation to reporting
requirements and the effective date thereof;  and  to  repeal  certain
provisions upon the expiration thereof

Became a law June 10, 1995, with the approval of the Governor. Passed on
message  of  necessity  pursuant  to  Article  III,  section 14 of the
Constitution by a majority vote, three-fifths being present.

    The People of the State of New York, represented in Senate and  Assem-
bly, do enact as follows:

    Section  1. Short title. Sections one through forty-four-a of this act
shall be known and may be cited as the "sentencing reform act of 1995."
§ 1-a. The closing paragraph of subdivision 1 of section 65.00 of  the
penal  law, as amended by chapter 835 of the laws of 1974, is amended to
read as follows:
     Provided, however, that the court shall not,  except  to  the  extent
authorized  by paragraph (d) of subdivision two of section 60.01 of this
chapter, impose a sentence of probation in any case where it sentences a
defendant for more than one crime and imposes a sentence of imprisonment
for any one of the crimes, or where  the  defendant  is  subject  to  an
undischarged  indeterminate  or  [reformatorydeterminate  sentence of
imprisonment which was imposed at a previous time by  a  court  of  this
state and has more than one year to run.
§  1-b.  Subdivision 3 of section 65.15 of the penal law is amended to
read as follows:
     3.  In any case where a person who is under a sentence  of  probation
or  of  conditional discharge is also under an indeterminate or determi-
nate sentence of imprisonment, [or a reformatory sentence  of  imprison-
ment  authorized  by section 75.00,] imposed for some other offense by a
court of this state the service of the sentence  of  imprisonment  shall
satisfy the sentence of probation or of conditional discharge unless the
sentence  of  probation  or of conditional discharge is revoked prior to
the next to occur of parole or conditional release under,  or  satisfac-
tion  of,  the  sentence  of imprisonment.   Provided, however, that the
service of an indeterminate or [a reformatory] determinate  sentence  of
imprisonment  shall  not satisfy a sentence of probation if the sentence
of probation was imposed at a time when the sentence of imprisonment had
one year or less to run.
§ 1-c. Subdivision 1 of section 70.00 of the penal law, as amended  by
chapter 1 of the laws of 1995, is amended to read as follows:
1.  Indeterminate  sentence.  Except  as provided in subdivisions four
[and], five and six, a sentence of imprisonment for a felony shall be an
indeterminate sentence. When such a sentence is imposed, the court shall
impose a maximum term in accordance with the provisions  of  subdivision
two  of  this section and the minimum period of imprisonment shall be as
provided in subdivision three of this section.
§ 2. Paragraph (b) of subdivision 3 of section 70.00 of the penal law,
as amended by chapter 280 of the laws of 1986, is  amended  to  read  as
follows:
(b)  Where  the  sentence is for a [class B or class C] violent felony
offense as defined in subdivision one  of  section  70.02,  the  minimum
period  shall  be  fixed  by  the  court pursuant to subdivision four of
section 70.02. Where the sentence is for a class B felony offense speci-
fied in subdivision two of section 220.44, the minimum  period  must  be
fixed  by the court at one-third of the maximum term imposed and must be
specified in the sentence. Where the sentence is for any  other  felony,
the  minimum  period  shall  be  fixed by the court and specified in the
sentence and shall be not less than one year nor more than one-third  of
the maximum term imposed.
§  3. Section 70.00 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. Determinate sentence. When  a  person  is  sentenced  as  a  second
violent  felony offender pursuant to section 70.04 or as a second felony
offender on a conviction  for  a  violent  felony  offense  pursuant  to
section 70.06, the court must impose a determinate sentence of imprison-
ment.
§ 4. Paragraph (a) of subdivision 2 and subdivision 4 of section 70.02
of  the  penal  law,  as amended by chapter 233 of the laws of 1980, are
amended to read as follows:
(a) [The] Except as provided in subdivision six of section 70.00,  the
sentence  imposed  upon  a  person  who stands convicted of a class B or
class C violent felony offense must  be  an  indeterminate  sentence  of
imprisonment.  Except  as  provided in subdivision [five] six of section
60.05, the maximum term of such sentence must be in accordance with  the
provisions  of  subdivision three of this section and the minimum period
of imprisonment under such sentence must be in accordance with  subdivi-
sion four of this section.
4.  Minimum period of imprisonment. The minimum period of imprisonment
under an indeterminate sentence for a violent  felony  offense  must  be
fixed  by  the court at [one-third] one-half of the maximum term imposed
and must be specified in the  sentence[;  provided,  however,  that  the
court  may  impose a minimum term which is between one-third the maximum
and one-half the maximum  term  imposed  when  the  sentence  is  for  a
conviction of a class B armed felony offense].
§  5.  Subdivisions  2,  3 and 4 of section 70.04 of the penal law, as
added by chapter 481 of the laws of 1978, paragraph (d) of subdivision 3
as added by chapter 233 of the laws of 1980,  are  amended  to  read  as
follows:
2.  Authorized  sentence.  When  the  court has found, pursuant to the
provisions of the criminal procedure law, that  a  person  is  a  second
violent  felony  offender  the  court  must  impose [an indeterminate] a
determinate sentence of imprisonment which shall be  in  whole  or  half
years.    Except  where  sentence  is  imposed  in  accordance  with the
provisions of section 70.10, the [maximum] term of such sentence must be
in accordance with the provisions of subdivision three of  this  section
[and  the  minimum period of imprisonment under such sentence must be in
accordance with subdivision four of this section].
3. [Maximum term] Term of sentence. The [maximum] term of [an indeter-
minate] a determinate sentence for a second violent felony offender must
be fixed by the court as follows:
(a) For a class B felony, the term must be at least [twelve] ten years
and must not exceed twenty-five years;
(b) For a class C felony, the term must  be  at  least  [eightseven
years and must not exceed fifteen years; and
(c)  For  a  class  D felony, the term must be at least five years and
must not exceed seven years.
(d) For a class E felony, the term must be at least [four] three years
and must not exceed four years.
[4. Minimum period of imprisonment. The minimum period of imprisonment
under an indeterminate sentence for a  second  violent  felony  offender
must  be  fixed by the court at one-half of the maximum term imposed and
must be specified in the sentence.]
§ 6. Subdivisions 2 and 3 of  section  70.06  of  the  penal  law,  as
amended  by  chapter  410  of  the  laws of 1979, are amended to read as
follows:
2.    Authorized sentence.   Except as provided in subdivision five or
six of  this  section,  when  the  court  has  found,  pursuant  to  the
provisions  of  the  criminal  procedure  law, that a person is a second
felony offender the court  must  impose  an  indeterminate  sentence  of
imprisonment.    The maximum term of such sentence must be in accordance
with the provisions of subdivision three of this section and the minimum
period of imprisonment under such sentence must be  in  accordance  with
subdivision four of this section.
3.   Maximum term of sentence.  Except as provided in subdivision five
or six of this section, the maximum term of  an  indeterminate  sentence
for a second felony offender must be fixed by the court as follows:
(a)  For a class A-II felony, the term must be life imprisonment;
(b)    For  a class B felony, the term must be at least nine years and
must not exceed twenty-five years;
(c)  For a class C felony, the term must be at  least  six  years  and
must not exceed fifteen years;
(d)    For  a class D felony, the term must be at least four years and
must not exceed seven years; and
(e)  For a class E felony, the term must be at least three  years  and
must not exceed four years.
§  7.  Section  70.06  of  the  penal law is amended by adding two new
subdivisions 6 and 7 to read as follows:
6. Determinate sentence. When the court has  found,  pursuant  to  the
provisions  of  the  criminal  procedure  law, that a person is a second
felony offender and the sentence to be imposed on such person is  for  a
violent  felony offense, as defined in subdivision one of section 70.02,
the court must impose a determinate sentence of imprisonment the term of
which must be fixed by the court as follows:
(a) For a class B violent felony offense, the term must  be  at  least
eight years and must not exceed twenty-five years;
(b)  For  a  class C violent felony offense, the term must be at least
five years and must not exceed fifteen years;
(c) For a class D violent felony offense, the term must  be  at  least
three years and must not exceed seven years; and
(d)  For  a  class E violent felony offense, the term must be at least
two years and must not exceed four years.
7.   Notwithstanding any other provision of law,  in  the  case  of  a
person  sentenced  for  a  specified  offense  or offenses as defined in
subdivision five of section 410.91 of the criminal  procedure  law,  who
stands convicted of no other felony offense, who has not previously been
convicted of either a violent felony offense as defined in section 70.02
of  this  article, a class A felony offense or a class B felony offense,
and is not subject to an undischarged term of  imprisonment,  the  court
may  direct  that  such  sentence  be  executed  as a parole supervision
sentence as defined in and pursuant  to  the  procedures  prescribed  in
section 410.91 of the criminal procedure law.
§  8.  Subdivision  3  of  section 70.08 of the penal law, as added by
chapter 481 of the laws of 1978, is amended to read as follows:
3. Minimum period of imprisonment. The minimum period of  imprisonment
under  an  indeterminate  life  sentence for a persistent violent felony
offender must be fixed by the court as follows:
(a) For a class B felony, the minimum period must be  at  least  [ten]
twenty years and must not exceed twenty-five years;
(b)  For a class C felony, the minimum period must be at least [eight]
sixteen years and must not exceed twenty-five years;
(c)  For  a  class D felony, the minimum period must be at least [six]
twelve years and must not exceed twenty-five years.
§ 9. Subdivisions 1 and 3 of  section  70.20  of  the  penal  law,  as
amended  by  chapter  303  of  the  laws of 1981, are amended to read as
follows:
1. Indeterminate or determinate sentence. Except as provided in subdi-
vision four of  this  section,  when  an  indeterminate  or  determinate
sentence  of imprisonment is imposed, the court shall commit the defend-
ant to the custody of the state department of [correctioncorrectional
services  for  the term of his sentence and until released in accordance
with the law; provided, however, that a defendant sentenced pursuant  to
subdivision  seven of section 70.06 shall be committed to the custody of
the state department of correctional services for immediate delivery  to
a reception center operated by the department.
3.  Undischarged imprisonment in other jurisdiction.  When a defendant
who is subject to an undischarged term of  imprisonment,  imposed  at  a
previous  time  by  a  court of another jurisdiction, is sentenced to an
additional term or terms of imprisonment by a court of this state to run
concurrently with such undischarged term,  as  provided  in  subdivision
four of section 70.25, the return of the defendant to the custody of the
appropriate official of the other jurisdiction shall be deemed a commit-
ment  for  such  portion of the term or terms of the sentence imposed by
the court of this state as shall not exceed the said undischarged  term.
The  defendant shall be committed to the custody of the state department
of correctional services if the additional term or terms are  indetermi-
nate or determinate or to the appropriate county or regional correction-
al  institution  if the said term or terms are definite for such portion
of the term or terms of  the  sentence  imposed  as  shall  exceed  such
undischarged  term  or  until  released in accordance with law.  If such
additional term or terms imposed shall run  consecutively  to  the  said
undischarged  term,  the  defendant  shall  be  committed as provided in
subdivisions one and two of this section.
§ 10. Paragraph (a) of subdivision 1 of section  70.25  of  the  penal
law,  as  amended by chapter 372 of the laws of 1981, is amended to read
as follows:
(a) An indeterminate or determinate sentence  shall  run  concurrently
with all other terms; and
§  11.  Subdivisions  2-a  and  2-b of section 70.25 of the penal law,
subdivision 2-a as added by chapter 481 of the laws of 1978 and subdivi-
sion 2-b as added by chapter 559 of the laws of  1982,  are  amended  to
read as follows:
2-a.  When an indeterminate or determinate sentence of imprisonment is
imposed pursuant to section 70.04, 70.06, 70.08 or 70.10 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.
2-b.  When a person is convicted of a violent felony offense committed
after arraignment and  while  released  on  recognizance  or  bail,  but
committed  prior  to  the  imposition  of  sentence  on a pending felony
charge, and if an indeterminate or determinate sentence of  imprisonment
is  imposed  in  each  case,  such  sentences  shall  run consecutively.
Provided, however, that the court may, in the interest of justice, order
a  sentence  to  run  concurrently  in  a  situation  where  consecutive
sentences are required by this subdivision if it finds either mitigating
circumstances  that bear directly upon the manner in which the crime was
committed or, where the defendant was not the sole  participant  in  the
crime,  the  defendant's participation was relatively minor although not
so minor as to constitute a defense to the  prosecution.  The  defendant
and  the district attorney shall have an opportunity to present relevant
information to assist the court in making  this  determination  and  the
court  may,  in  its  discretion,  conduct a hearing with respect to any
issue bearing upon such determination.  If  the  court  determines  that
consecutive  sentences  should not be ordered, it shall make a statement
on the record of the facts and circumstances upon  which  such  determi-
nation is based.
§  12. Paragraphs (a) and (b) of subdivision 5 of section 70.25 of the
penal law, as added by chapter 372 of the laws of 1981, are  amended  to
read as follows:
(a)  Except  as  provided in paragraph (c) of this subdivision, when a
person is convicted of assault in  the  second  degree,  as  defined  in
subdivision seven of section 120.05 of this chapter, any definite [or],
indeterminate  or  determinate term of imprisonment which may be imposed
as a sentence upon  such  conviction  shall  run  consecutively  to  any
undischarged term of imprisonment to which the defendant was subject and
for which he was confined at the time of the assault.
(b)  Except  as  provided in paragraph (c) of this subdivision, when a
person is convicted of assault in  the  second  degree,  as  defined  in
subdivision  seven of section 120.05 of this chapter, any definite [or],
indeterminate or determinate term of imprisonment which may  be  imposed
as  a  sentence upon such conviction shall run consecutively to any term
of imprisonment which was previously imposed or which  may  be  prospec-
tively imposed where the person was confined within a detention facility
at  the  time  of  the  assault  upon  a charge which culminated in such
sentence of imprisonment.
§ 13. The subdivision heading, the opening  paragraph  and  paragraphs
(a)  and  (b)  of  subdivision  1  of section 70.30 of the penal law, as
amended by chapter 481 of the laws of 1978, are amended, paragraphs  (c)
and (d) of subdivision one are relettered paragraphs (e) and (f) and two
new paragraphs (c) and (d) are added to read as follows:
Indeterminate  or determinate sentences.  An indeterminate or determi-
nate sentence of imprisonment commences when the prisoner is received in
an institution under the jurisdiction of the state department of correc-
tional services.  Where a person is under more than one indeterminate or
determinate sentence, the sentences shall be calculated as follows:
(a)  If the sentences run concurrently, the time served  under  impri-
sonment  on  any  of the sentences shall be credited against the minimum
periods of all the concurrent indeterminate  sentences[,  and  theand
against the terms of all the concurrent determinate sentences. The maxi-
mum  term  or terms of the indeterminate sentences and the term or terms
of the determinate sentences shall merge in and [arebe  satisfied  by
discharge of the term which has the longest unexpired time to run;
(b)   If [the sentences] the defendant is serving two or more indeter-
minate sentences which run consecutively, the minimum periods of  impri-
sonment  are added to arrive at an aggregate minimum period of imprison-
ment equal to the sum of all the minimum periods, and the maximum  terms
are added to arrive at an aggregate maximum term equal to the sum of all
the  maximum  terms,  provided, however, that both the aggregate maximum
term and the aggregate minimum period of imprisonment shall  be  subject
to  the  limitations  set forth in paragraphs [(c)] (e) and [(d)] (f) of
this subdivision, where applicable;
(c)  If  the defendant is serving two or more determinate sentences of
imprisonment which run  consecutively,  the  terms  of  the  determinate
sentences  are added to arrive at an aggregate maximum term of imprison-
ment, provided, however, that the aggregate maximum term of imprisonment
shall be subject to the limitations set forth in paragraphs (e) and  (f)
of this subdivision, where applicable.
(d) If the defendant is serving one or more indeterminate sentences of
imprisonment  and one or more determinate sentence of imprisonment which
run consecutively, the  minimum  term  or  terms  of  the  indeterminate
sentence  or sentences and the term or terms of the determinate sentence
or sentences are added to arrive at an aggregate maximum term of  impri-
sonment,  provided,  however,  (i)  that in no event shall the aggregate
maximum so calculated be less than the term or maximum term of imprison-
ment of the sentence which has the longest unexpired time  to  run;  and
(ii) that the aggregate maximum term of imprisonment shall be subject to
the limitations set forth in paragraphs (e) and (f) of this subdivision,
where applicable.
§  14.  Paragraph  (e)  of subdivision 1 of section 70.30 of the penal
law, as amended by chapter 199 of the laws of 1983 and as relettered  by
section thirteen of this act, is amended to read as follows:
(e)  (i)  Except  as  provided in subparagraph (ii), (iii), (iv), (v),
(vi) or (vii) of this paragraph, the aggregate maximum term  of  consec-
utive  sentences,  all  of  which  are indeterminate sentences or all of
which are determinate 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 inde-
terminate consecutive sentences is reduced by calculation made  pursuant
to  this  paragraph, 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;
(ii)  Where  the  aggregate  maximum  term  of two or more consecutive
sentences, one or more of which is a determinate  sentence  and  one  or
more  of  which  is  an  indeterminate sentence, 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, exceeds twenty years, and none of the sentences  was  imposed
for a class B felony, the following rules shall apply:
(A)  if  the  aggregate  maximum  term  of the determinate sentence or
sentences exceeds twenty years, the defendant  shall  be  deemed  to  be
serving to* a determinate sentence of twenty years.
(B)  if  the  aggregate  maximum  term  of the determinate sentence or
sentences is less than twenty years, the defendant shall be deemed to be
serving an indeterminate sentence the maximum term  of  which  shall  be
deemed to be twenty years. In such instances, the minimum sentence shall
be deemed to be ten years or six-sevenths of the term or aggregate maxi-
mum term of the determinate sentence or sentences, whichever is greater.
(iii)  Where  the  aggregate  maximum  term of two or more consecutive
sentences, one or more of which is a determinate  sentence  and  one  or
------------------------------------------------------------------------
* So in original. (Word "to" inadvertently added.)

more  of  which  is  an  indeterminate sentence, imposed for two or more
crimes, other than two or more crimes that include  a  class  A  felony,
commmitted*  prior  to  the  time the person was imprisoned under any of
such  sentences,  exceeds  thirty  years,  and  one of the sentences was
imposed for a class B felony, the following rules shall apply:
(A) if the aggregate maximum  term  of  the  determinate  sentence  or
sentences  exceeds  thirty  years,  the  defendant shall be deemed to be
serving a determinate sentence of thirty years;
(B) if the aggregate maximum  term  of  the  determinate  sentence  or
sentences is less than thirty years, the defendant shall be deemed to be
serving  an  indeterminate  sentence  the maximum term of which shall be
deemed to be thirty years. In such instances, the minimum sentence shall
be deemed to be fifteen years or six-sevenths of the term  or  aggregate
maximum  term  of  the  determinate  sentence or sentences, whichever is
greater.
[(ii)] (iv) Notwithstanding subparagraph (i) of  this  paragraph,  the
aggregate  maximum term of consecutive sentences, all of which are inde-
terminate sentences or all of which are determinate  sentences,  imposed
for the conviction of two violent felony offenses committed prior to the
time  the  person  was imprisoned under any of such sentences and one of
which is a class B violent felony offense, shall, if  it  exceeds  forty
years, be deemed to be forty years;
(v)  Notwithstanding  subparagraphs  (ii) and (iii) of this paragraph,
where the aggregate maximum term of two or more  consecutive  sentences,
one  or more of which is a determinate sentence and one or more of which
is an indeterminate sentence, and where such sentences are  imposed  for
the  conviction  of  two  violent felony offenses committed prior to the
time the person was imprisoned under any such sentences and where one of
which is a class B violent felony offense,  the  following  rules  shall
apply:
(A)  if  the  aggregate  maximum  term  of the determinate sentence or
sentences exceeds forty years, the defendant shall be deemed to be serv-
ing a determinate sentence of forty years;
(B) if the aggregate maximum  term  of  the  determinate  sentence  or
sentences  is less than forty years, the defendant shall be deemed to be
serving an indeterminate sentence the maximum term  of  which  shall  be
deemed  to be forty years. In such instances, the minimum sentence shall
be deemed to be twenty years or six-sevenths of the  term  or  aggregate
maximum  term  of  the  determinate  sentence or sentences, whichever is
greater.
[(iii)] (vi) Notwithstanding subparagraphs (i) and [(ii)] (iv) of this
paragraph, the aggregate maximum term of consecutive sentences,  all  of
which  are  indeterminate  or  all  of  which are determinate sentences,
imposed for the conviction of three  or  more  violent  felony  offenses
committed  prior to the time the person was imprisoned under any of such
sentences and one of which is a class B violent felony  offense,  shall,
if it exceeds fifty years, be deemed to be fifty years;
(vii)  Notwithstanding subparagraphs (ii), (iii) and (v) of this para-
graph, where the aggregate maximum  term  of  two  or  more  consecutive
sentences,  one  or  more  of which is a determinate sentence and one or
more of which is an indeterminate sentence, and where such sentences are
imposed for the conviction of three  or  more  violent  felony  offenses
committed  prior  to  the  time the person was imprisoned under any such

------------------------------------------------------------------------
* So in original. ("commmitted" should be "committed".)

sentences and one of which is a class  B  violent  felony  offense,  the
following rules shall apply:
(A)  if  the  aggregate  maximum  term  of the determinate sentence or
sentences exceeds fifty years, the defendant shall be deemed to be serv-
ing a determinate sentence of fifty years.
(B) if the aggregate maximum  term  of  the  determinate  sentence  or
sentences  is less than fifty years, the defendant shall be deemed to be
serving an indeterminate sentence the maximum term  of  which  shall  be
deemed  to be fifty years. In such instances, the minimum sentence shall
be deemed to be twenty-five years or six-sevenths of the term or  aggre-
gate maximum term of the determinate sentence or sentences, whichever is
greater.
(viii)  Notwithstanding  any  provision  of  this  subdivision  to the
contrary where a person is serving two or  more  consecutive  sentences,
one  or  more  of  which is an indeterminate sentence and one or more of
which is a determinate sentence, and if  he  would  be  eligible  for  a
reduction  provision pursuant to this subdivision if the maximum term or
aggregate maximum term of the indeterminate sentence or  sentences  were
added  to the term or aggregate maximum term of the determinate sentence
or sentences, the person shall be deemed to be eligible for the applica-
ble reduction provision and the rules  set  forth  in  this  subdivision
shall apply.
§  15.  Subdivision 3 of section 70.30 of the penal law, as amended by
chapter 648 of the laws of 1979, is amended to read as follows:
3.   Jail time.   The term  of  a  definite  sentence,  a  determinate
sentence,  or the maximum term of an indeterminate sentence imposed on a
person shall be credited with and diminished by the amount of  time  the
person  spent in custody prior to the commencement of such sentence as a
result of the charge that culminated in the sentence.  In the case of an
indeterminate sentence, if the minimum period of imprisonment  has  been
fixed  by  the court or by the board of parole, the credit shall also be
applied against the minimum period. The credit herein provided shall  be
calculated  from the date custody under the charge commenced to the date
the sentence commences and shall not include any time that  is  credited
against  the  term or maximum term of any previously imposed sentence to
which the person is subject.  Where the charge or charges  culminate  in
more than one sentence, the credit shall be applied as follows:
(a)    If  the sentences run concurrently, the credit shall be applied
against each such sentence;
(b)  If the sentences run consecutively, the credit shall  be  applied
against  the  aggregate  term or aggregate maximum term of the sentences
and against the aggregate minimum period of imprisonment.
In any case where a person has been in custody due to  a  charge  that
culminated in a dismissal or an 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.
§ 16. Subdivision 4 of section 70.30 of the penal law,  paragraph  (b)
as  amended  by  chapter  145 of the laws of 1976, is amended to read as
follows:
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:
(a)  In the case of a person serving an indeterminate  or  determinate
sentence,  the  total  of such allowances shall [not exceed one-third of
his maximum or aggregate maximum termbe  calculated  as  provided  in
section  eight  hundred  three  of the correction law and the allowances
shall be applied as provided in paragraph (b) of subdivision  one  [(b)]
of section 70.40;
(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.
§ 17. Section 70.35 of the penal law, as amended by chapter 527 of the
laws of 1989, is amended to read as follows:
§ 70.35  Merger of certain definite and indeterminate or determinate
sentences.
The  service  of an indeterminate or determinate sentence of imprison-
ment shall satisfy any definite sentence of imprisonment  imposed  on  a
person  for  an offense committed prior to the time the indeterminate or
determinate sentence was imposed, except as provided in paragraph (b) of
subdivision five of section 70.25 of this article.    A  person  who  is
serving  a definite sentence at the time an indeterminate or determinate
sentence is imposed shall be delivered  to  the  custody  of  the  state
department  of correctional services to commence service of the indeter-
minate or determinate sentence immediately unless the person is  serving
a  definite  sentence  pursuant  to paragraph (b) of subdivision five of
section 70.25 of this article.  In any case where the  indeterminate  or
determinate  sentence  is  revoked  or vacated, the person shall receive
credit against the definite sentence for each day spent in  the  custody
of the state department of correctional services.
§  18.  Paragraph  (a)  of subdivision 1 of section 70.40 of the penal
law, as amended by chapter 55 of the laws of 1992, is amended to read as
follows:
(a) [A person who is  serving  one  or  more  than  one  indeterminate
sentence of imprisonment may be paroled from the institution in which he
is  confined  at  any  time  after  the expiration of the minimum or the
aggregate minimum period of imprisonment of the sentence or sentences or
after the successful completion of a  shock  incarceration  program,  as
defined in article twenty-six-A of the correction law, or at any time on
medical parole pursuant to section two hundred fifty-nine-r of the exec-
utive  law,  whichever  is  sooner.]  Release  on parole shall be in the
discretion of the state board of parole, and such person shall  continue
service of his sentence or sentences while on parole, in accordance with
and subject to the provisions of the executive law.
(i)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
is confined at any time after the  expiration  of  the  minimum  or  the
aggregate minimum period of the sentence or sentences.
(ii) A person who is serving one or more than one determinate sentence
of imprisonment shall be ineligible for discretionary release on parole.
(iii)  A  person  who  is  serving  one or more than one indeterminate
sentence of imprisonment and one or more than one  determinate  sentence
of  imprisonment which run concurrently may be paroled at any time after
the expiration of the minimum period of imprisonment of  the  indetermi-
nate  sentence  or  sentences, or upon the expiration of six-sevenths of
the term of imprisonment  of  the  determinate  sentence  or  sentences,
whichever is later.
(iv)  A  person  who  is  serving  one  or more than one indeterminate
sentence of imprisonment and one or more than one  determinate  sentence
of imprisonment which run consecutively may be paroled at any time after
the  expiration of the sum of the minimum or aggregate minimum period of
the indeterminate sentence or sentences and six-sevenths of the term  or
aggregate term of imprisonment of the determinate sentence or sentences.
(v) Notwithstanding any other subparagraph of this paragraph, a person
may  be paroled from the institution in which he is confined at any time
on medical parole pursuant to section two hundred  fifty-nine-r  of  the
executive  law  or for deportation pursuant to paragraph (d) of subdivi-
sion two of section two hundred fifty-nine-i of  the  executive  law  or
after  the successful completion of a shock incarceration program pursu-
ant to article twenty-six-A of the correction law.
§ 19. Paragraph (b) of subdivision 1 of section  70.40  of  the  penal
law,  as  amended by chapter 467 of the laws of 1979, is amended to read
as follows:
(b) A person who is serving one or  more  than  one  indeterminate  or
determinate sentence of imprisonment shall, if he so requests, be condi-
tionally  released from the institution in which he is confined when the
total good behavior time allowed to him, pursuant to the  provisions  of
the  correction law, is equal to the unserved portion of his term, maxi-
mum term or aggregate maximum term; provided, however, that  (i)  in  no
event  shall  a  person  serving  one  or more indeterminate sentence of
imprisonment and one or more determinate sentence of imprisonment  which
run  concurrently  be conditionally released until serving at least six-
sevenths of the determinate term of imprisonment which has  the  longest
unexpired  time  to  run  and  (ii) in no event shall a person be condi-
tionally released prior to the date on which such person is first eligi-
ble for discretionary parole release.
The conditions of release shall be such as may be imposed by the state
board of parole in accordance with the provisions of the executive law.
Every person so released shall be under the supervision of  the  state
board  of parole for a period equal to the unserved portion of the term,
maximum term, or aggregate maximum term.
§ 20. Subdivision 1 of section 85.15 of the penal  law,  as  added  by
chapter 477 of the laws of 1970, is amended to read as follows:
1. Indeterminate and [reformatory] determinate sentences.  The service
of an indeterminate or a [reformatory] determinate sentence of imprison-
ment  shall satisfy any sentence of intermittent imprisonment imposed on
a person for an offense committed prior to the time the indeterminate or
[reformatory] determinate sentence was imposed.  A person who is serving
a sentence of intermittent imprisonment at the time an indeterminate  or
a [reformatory] determinate sentence of imprisonment is imposed shall be
delivered to the custody of the state department of [correction] correc-
tional  services to commence service of the indeterminate or [reformato-
ry] determinate sentence immediately.
§ 21. Section 2 of the correction law  is  amended  by  adding  a  new
subdivision 20 to read as follows:
20.  "Drug  treatment campus" means a facility operated by the depart-
ment to provide a program of intensive drug treatment services for indi-
viduals sentenced to parole supervision sentences  pursuant  to  section
410.91  of  the  criminal procedure law or for certain parole violators.
Such institution may also be used for certain offenders confined by  the
department  who  have  been  granted  early parole release pursuant to a
chapter of the laws of nineteen hundred  ninety-five  which  added  this
subdivision and who, in the judgment of a member or members of the board
of  parole, warrant such placement. All such treatment services shall be
provided by, or with the approval of and pursuant to a plan developed in
conjunction with, the office of alcoholism and substance abuse services,
and which plan shall include but not be  limited  to  provision  for  an
appropriate  continuum  of  care  that  includes  a needs assessment and
treatment services for individuals  while  at  this  facility  and  upon
discharge from such facility, including an enhanced aftercare program.
§  22.  Paragraph (a) of subdivision 1 of section 70 of the correction
law, as added by chapter 476 of the laws of 1970, is amended to read  as
follows:
(a)  Except  as provided in [paragraph] paragraphs (b) and (c) of this
subdivision, every  institution  operated  by  the  department  for  the
confinement  of  persons  under  sentence  of  imprisonment,  or for the
confinement of persons committed for failure to pay a fine, shall  be  a
correctional facility.
§  23. Subdivision 1 of section 70 of the correction law is amended by
adding a new paragraph (c) to read as follows:
(c) An institution operated by the  department  as  a  drug  treatment
campus,  as defined in subdivision twenty of section two of this chapter
and used to provide intensive drug treatment services for  parolees  and
certain  parole  violators,  shall  not  be  deemed to be a correctional
facility.
§ 24. The opening paragraph of subdivision 1  of  section  71  of  the
correction  law, as added by chapter 476 of the laws of 1970, is amended
to read as follows:
Persons committed to the custody of the department under an indetermi-
nate or [a reformatory] determinate sentence of  imprisonment  shall  be
delivered  to correctional facilities designated as reception centers in
the rules and regulations of  the  department.    The  commissioner  may
designate  any  correctional  facility  as  a  reception center subject,
however, to the following criteria:
§ 25. Section 441 of the correction law, as amended by chapter 195  of
the laws of 1973, is amended to read as follows:
§  441.    Disposition  of mentally defective inmates at expiration of
terms.  Every person confined in an institution under  the  jurisdiction
of  the state department of correction for the care, treatment, training
and custody of mental defectives, under  a  definite,  indeterminate  or
[reformatorydeterminate  sentence of imprisonment, whose sentence has
expired shall be dealt with as hereinafter provided.  Whenever any  such
person  shall  continue to be mentally defective and in need of institu-
tional care the director of such institution may apply for his admission
to a state school under the jurisdiction of  the  department  of  mental
hygiene  for  the care and treatment of mental defectives as provided in
the mental hygiene law.  The director of  the  correctional  institution
may, if it is his opinion that any such person is so dangerously mental-
ly  defective  that  his presence in a state school in the department of
mental hygiene would be dangerous to the safety of  the  other  patients
therein,  the  officers  or  employees  thereof,  or the community, make
application to the court as provided in  section  29.13  of  the  mental
hygiene  law  and  the  provisions  of  such  section  shall govern such
proceedings before such court.  The director of the correctional  insti-
tution  may  discharge any such person at the expiration of his sentence
who is still mentally defective, but who, in the opinion of  the  direc-
tor, is reasonably safe to be at large.  Such discharged person shall be
entitled  to  such  allowances  as  are  granted  to prisoners, on their
discharge, by the provisions of this chapter.
§ 26. Subdivision (a) of section 601 of the correction law, as amended
by chapter 227 of the laws of 1981, is amended to read as follows:
(a) Whenever an inmate shall be delivered to the superintendent  of  a
state  correctional facility pursuant to an indeterminate or determinate
sentence, the officer so delivering such inmate shall  deliver  to  such
superintendent,  a  certified  copy of the sentence and a certificate of
conviction pursuant to section 380.70  of  the  criminal  procedure  law
received  by  such  officer  from  the  clerk of the court by which such
inmate shall have been sentenced, a copy of the report of the  probation
officer's  investigation and report or a detailed statement covering the
facts relative to the  crime  and  previous  history  certified  by  the
district  attorney,  a  copy  of  the  inmate's  fingerprint  records, a
detailed summary of available medical records, psychiatric  records  and
reports relating to assaults, or other violent acts, attempts at suicide
or  escape  by the inmate while in the custody of the local correctional
facility; any such medical or psychiatric records in the possession of a
health care provider other than the local correctional facility shall be
summarized in detail and forwarded by such health care provider  to  the
medical  director  of  the  appropriate state correctional facility upon
request; the superintendent shall present to such officer a  certificate
of  the delivery of such inmate, and the fees of such officer for trans-
porting such inmate shall be paid from the treasury upon the  audit  and
warrant  of  the comptroller.  Whenever an inmate of the state is deliv-
ered to a local facility, the superintendent shall forward summaries  of
such records to the local facility with the inmate.
§  27. Section 803 of the correction law, as amended by chapter 126 of
the laws of 1987, is amended to read as follows:
§ 803. Good behavior allowances against indeterminate and  determinate
sentences.    1.  (a)  Every  person  confined  in an institution of the
department or a facility in the department of mental hygiene serving  an
indeterminate  or  determinate sentence of imprisonment, except a person
serving a sentence with a maximum term of life imprisonment, may receive
time allowance against the term or  maximum  term  [or  period]  of  his
sentence  [not to exceed in the aggregate one-third of the term or peri-
od] imposed by the court. Such allowances may be granted for good behav-
ior and efficient and willing performance of duties assigned or progress
and achievement in an assigned treatment program, and may  be  withheld,
forfeited or canceled in whole or in part for bad behavior, violation of
institutional  rules  or  failure  to  perform properly in the duties or
program assigned.
(b) A person serving an indeterminate  sentence  of  imprisonment  may
receive  time  allowance against the maximum term of his sentence not to
exceed one-third of the maximum term imposed by the court.
(c) A person  serving  a  determinate  sentence  of  imprisonment  may
receive  time  allowance  against the term of his sentence not to exceed
one-seventh of the term imposed by the court.
2. If a person is serving  more  than  one  sentence,  the  authorized
allowances may be granted separately against the term or maximum term of
each  sentence or, where consecutive sentences are involved, against the
aggregate maximum term. [In no case, however, shall  the  total  of  all
allowances  granted  to  any  such person under this section exceed one-
third of the time he would be required to serve, computed without regard
to this section.] Such allowances shall be calculated as follows:
(a) A person serving two or more  indeterminate  sentences  which  run
concurrently  may  receive time allowance not to exceed one-third of the
indeterminate sentence which has the longest unexpired time to run.
(b) A person serving two or more  indeterminate  sentences  which  run
consecutively  may receive time allowance not to exceed one-third of the
aggregate maximum term.
(c) A person serving two  or  more  determinate  sentences  which  run
concurrently may receive time allowance not to exceed one-seventh of the
determinate sentence which has the longest unexpired time to run.
(d)  A  person  serving  two  or  more determinate sentences which run
consecutively may receive time allowance not to  exceed  one-seventh  of
the aggregate maximum term.
(e)  A  person  serving  one or more indeterminate sentence and one or
more determinate sentence which run concurrently may receive time allow-
ance not to exceed one-third of the indeterminate sentence which has the
longest unexpired term to run or one-seventh of the determinate sentence
which has the longest unexpired time  to  run,  whichever  allowance  is
greater.
(f)  A  person  serving  one or more indeterminate sentence and one or
more determinate sentence  which  run  consecutively  may  receive  time
allowance not to exceed the sum of one-third of the maximum or aggregate
maximum  of  the  indeterminate sentence or sentences and one-seventh of
the term or aggregate maximum of the determinate sentence or sentences.
3. The commissioner of correctional services  shall  promulgate  rules
and  regulations for the granting, withholding, forfeiture, cancellation
and restoration of allowances authorized by this section  in  accordance
with  the  criteria  herein  specified. Such rules and regulations shall
include provisions designating the person or committee in  each  correc-
tional  institution  delegated to make discretionary determinations with
respect to the allowances, the books and  records  to  be  kept,  and  a
procedure  for review of the institutional determinations by the commis-
sioner.
4.  No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of  correc-
tional  services  as to the granting, withholding, forfeiture, cancella-
tion or restoration of such allowances shall be final and shall  not  be
reviewable if made in accordance with law.
5.  Time allowances granted prior to any release on parole or prior to
any conditional release shall be forfeited and shall not be restored  if
the  paroled or conditionally released person is returned to an institu-
tion under the jurisdiction of  the  state  department  of  correctional
services for violation of parole, violation of the conditions of release
or  by  reason  of a conviction for a crime committed while on parole or
conditional release. A person who is so returned  may,  however,  subse-
quently  receive  time  allowances  against the remaining portion of his
term, maximum term or aggregate maximum term [or period not to exceed in
the aggregate one-third of such portion] pursuant to  this  section  and
provided  such remaining portion of his term, maximum term, or aggregate
maximum term [or period] is more than one year.
6. Upon commencement of an indeterminate or a determinate sentence the
provisions of this section shall be furnished to the person serving  the
sentence  and  the  meaning of same shall be fully explained to him by a
person designated by the commissioner to perform such duty.
§ 28. Section 805 of the correction law, as amended by chapter 262  of
the laws of 1987, is amended to read as follows:
§ 805. Earned eligibility program. Persons committed to the custody of
the  department under an indeterminate or determinate sentence of impri-
sonment shall be assigned a work and treatment program as soon as  prac-
ticable.  No  earlier  than  two  months  prior to the [expiration of an
inmate's minimum period of  imprisonmentinmate's  eligibility  to  be
paroled  pursuant  to subdivision one of section 70.40 of the penal law,
the commissioner shall  review  the  inmate's  institutional  record  to
determine  whether  he  has  complied  with the assigned program. If the
commissioner determines that the inmate has successfully participated in
the program he may issue the inmate a certificate of earned eligibility.
Notwithstanding  any  other provision of law, an inmate who is serving a
sentence with a minimum term of not more than six years and who has been
issued a certificate of earned  eligibility,  shall  be  granted  parole
release at the expiration of his minimum term or as authorized by subdi-
vision  four  of  section  eight hundred sixty-seven unless the board of
parole determines that there is a reasonable probability that,  if  such
inmate  is  released,  he  will  not  live and remain at liberty without
violating the law and that  his  release  is  not  compatible  with  the
welfare  of  society.  Any  action  by the commissioner pursuant to this
section shall be deemed a judicial function and shall not be  reviewable
if done in accordance with law.
§ 29. Subdivision 2 of section 851 of the correction law is amended by
adding a new closing paragraph to read as follows:
The  governor,  by  executive  order, may exclude or limit the partic-
ipation of any class of otherwise eligible inmates from participation in
a  temporary  release  program.  Nothing  in  this  paragraph  shall  be
construed to affect either the validity of any executive order previous-
ly  issued  limiting  the participation of otherwise eligible inmates in
such program or the authority of the commissioner of the  department  of
correctional  services  to  impose appropriate regulations limiting such
participation.
§ 30. Section 220.50 of the  criminal  procedure  law  is  amended  by
adding a new subdivision 7 to read as follows:
7.  Prior  to  accepting  a  defendant's  plea of guilty to a count or
counts of an indictment or a superior court information charging a felo-
ny offense, the court must advise the defendant on the record,  that  if
the  defendant  is  not  a citizen of the United States, the defendant's
plea of guilty and the court's acceptance  thereof  may  result  in  the
defendant's  deportation,  exclusion from admission to the United States
or denial of naturalization pursuant to the laws of the  United  States.
Where the plea of guilty is to a count or counts of an indictment charg-
ing  a  felony offense other than a violent felony offense as defined in
section 70.02 of the penal law or an A-I felony offense  other  than  an
A-I  felony  as  defined in article two hundred twenty of the penal law,
the court must also, prior to accepting such plea, advise the  defendant
that,  if  the defendant is not a citizen of the United States and is or
becomes the subject of a final order of deportation issued by the United
States Immigration and Naturalization  Service,  the  defendant  may  be
paroled to the custody of the Immigration and Naturalization Service for
deportation  purposes  at any time subsequent to the commencement of any
indeterminate prison sentence imposed as a  result  of  the  defendant's
plea.   The failure to advise the defendant pursuant to this subdivision
shall not be deemed to affect the voluntariness of a plea of  guilty  or
the validity of a conviction, nor shall it afford a defendant any rights
in  a  subsequent  proceeding  relating to such defendant's deportation,
exclusion or denial of naturalization.
§ 31. Section 380.70 of the criminal procedure law is amended to  read
as follows:
§ 380.70  Minutes of sentence.
In  any  case  where a person receives an indeterminate or determinate
sentence of imprisonment [or a reformatory or alternative local reforma-
tory sentence of imprisonment], a certified  copy  of  the  stenographic
minutes  of  the  sentencing  proceeding and a certificate of conviction
specifying the section and, to the extent applicable,  the  subdivision,
paragraph and subparagraph of the penal law or other statute under which
the  defendant  was convicted, must be delivered to the person in charge
of  the  institution  to  which  the defendant has been delivered within
thirty days from the date such sentence was imposed; provided,  however,
that a sentence or commitment is not defective by reason of a failure to
comply with the provisions of this section.
§  32.  The  closing  paragraph  of  paragraph (a) of subdivision 4 of
section 390.20 of the criminal procedure law, as added by chapter 413 of
the laws of 1991, is amended to read as follows:
Provided, however, a pre-sentence investigation of the defendant and a
written report thereon shall not be waived if an indeterminate or deter-
minate sentence of imprisonment is to be imposed.
§ 33. The article heading of article 410 of the criminal procedure law
is amended to read as follows:
                 SENTENCES OF PROBATION [AND OF], CONDITIONAL
                      DISCHARGE AND PAROLE SUPERVISION
§ 34. The criminal procedure law is amended by adding  a  new  section
410.91 to read as follows:
§ 410.91 Sentence of parole supervision.
1.  A  sentence  of parole supervision is an indeterminate sentence of
imprisonment which may be imposed upon an eligible defendant, as defined
in subdivision two of this section. Such sentence shall have  a  minimum
term  and  a  maximum  term  within the ranges specified by subdivisions
three and four of section 70.06 of the penal law. Provided, however,  if
the  court directs that the sentence be executed as a sentence of parole
supervision, it shall remand the defendant for immediate delivery  to  a
reception  center  operated  by  the  state  department  of correctional
services, in accordance with section 430.20  of  this  chapter  and  six
hundred  one of the correction law, for a period not to exceed ten days.
An individual who receives such a sentence shall  be  placed  under  the
immediate  supervision  of  the state division of parole and must comply
with the conditions of parole, which shall include an initial  placement
in a drug treatment campus for a period of ninety days at which time the
defendant shall be released therefrom.
2.  A  defendant is an "eligible defendant" for purposes of a sentence
of parole supervision when such defendant is a  second  felony  offender
convicted  of  a specified offense or offenses as defined in subdivision
five of this section, who stands convicted of no other  felony  offense,
who  has  not  previously  been  convicted  of either   a violent felony
offense as defined in section 70.02 of the penal law, a class  A  felony
offense  or  a  class B felony offense, and is not subject to an undisc-
harged term of imprisonment.
3. When an indeterminate sentence of imprisonment is imposed  upon  an
eligible  defendant  for  a specified offense, as defined in subdivision
five of this section,  the  court  may  direct  that  such  sentence  be
executed as a sentence of parole supervision if the court finds (i) that
the defendant has a history of controlled substance dependence that is a
significant  contributing  factor  to such defendant's criminal conduct;
(ii) that such defendant's  controlled  substance  dependence  could  be
appropriately  addressed  by a sentence of parole supervision; and (iii)
that imposition of such a sentence would not have an adverse  effect  on
public  safety  or  public  confidence  in the integrity of the criminal
justice system.
4. If the sentence is for a specified offense that is a class D  felo-
ny,  the  court  may not impose a sentence of parole supervision without
the consent of the people. If the conviction is as a result of a plea of
guilty, the people must communicate their consent, or lack  thereof,  at
the  time of the plea. If the conviction is not as a result of a plea of
guilty,  the  people must communicate their consent, or lack thereof, at
least ten days before sentencing. In either case, if the people  do  not
consent,  they  must  state  on  the  record or in writing the reason or
reasons for their opposition.
5. For the purposes of this  section,  a  "specified  offense"  is  an
offense  defined  by  any  of the following provisions of the penal law:
criminal mischief in the third degree  as  defined  in  section  145.05,
criminal  mischief  in  the  second degree as defined in section 145.10,
grand larceny in the fourth degree as defined in subdivision  one,  two,
three,  four,  five,  six,  eight,  nine or ten of section 155.30, grand
larceny in the third degree as defined in section 155.35  (except  where
the  property  consists  of  one  or more firearms, rifles or shotguns),
unauthorized use of a vehicle in the second degree as defined in section
165.06, criminal possession of stolen property in the fourth  degree  as
defined  in  subdivision one, two, three, five or six of section 165.45,
criminal possession of stolen property in the third degree as defined in
section 165.50 (except where  the  property  consists  of  one  or  more
firearms,  rifles  or shotguns), forgery in the second degree as defined
in section 170.10, criminal possession of a  forged  instrument  in  the
second  degree  as  defined in section 170.25, unlawfully using slugs in
the first degree as defined in section 170.60, or an attempt  to  commit
any  of the aforementioned offenses if such attempt constitutes a felony
offense; or any class D or class E  controlled  substance  or  marihuana
felony  offense  as defined in article two hundred twenty or two hundred
twenty-one.
6. Upon delivery of the defendant to the reception center, he  or  she
shall be given a copy of the conditions of parole by a representative of
the  division  of  parole and shall acknowledge receipt of a copy of the
conditions in writing.  The conditions shall be established  in  accord-
ance  with article twelve-B of the executive law and the rules and regu-
lations of the division of parole.  Thereafter and while the parolee  is
participating  in  the  intensive drug treatment program provided at the
drug treatment campus, the division of parole shall assess the parolee's
special needs and shall develop an intensive program  of  parole  super-
vision that will address the parolee's substance abuse history and which
shall  include  periodic  urinalysis testing. Unless inappropriate, such
program shall include the provision of treatment services by a  communi-
ty-based  substance abuse service provider which has a contract with the
division of parole.
7. Upon completion of the drug treatment program at the drug treatment
campus, a parolee will be furnished with money, clothing and transporta-
tion in a manner consistent with section one hundred twenty-five of  the
correction  law  to  permit the parolee's travel from the drug treatment
campus to the county in which the parolee's supervision will continue.
8. If the parole officer having charge of a person sentenced to parole
supervision pursuant to this section has  reasonable  cause  to  believe
that  such  person has violated the conditions of his or her parole, the
procedures of subdivision three of section two hundred  fifty-nine-i  of
the  executive  law  shall  apply  to  the issuance of a warrant and the
conduct  of  further  proceedings;  provided,  however,  that  a  parole
violation  warrant issued for a violation committed while the parolee is
being supervised at a drug treatment campus shall  constitute  authority
for  the immediate placement of the parolee into a correctional facility
operated by the department of correctional services, which to the extent
practicable shall be reasonably proximate to  the  place  at  which  the
violation occurred, to hold in temporary detention pending completion of
the  procedures  required  by  subdivision  three of section two hundred
fifty-nine-i of the executive law.
§ 35. Subdivisions 2 and 4 of section 430.20 of the criminal procedure
law, subdivision 2 as amended by chapter 788 of the laws of 1971, subdi-
vision 4 as amended by chapter 370 of the laws of 1994, are  amended  to
read as follows:
2.  Indeterminate and [reformatory] determinate sentences. In the case
of an indeterminate or [reformatory] determinate sentence  of  imprison-
ment,  commitment  must  be  to  the  custody of the state department of
correctional services as provided in subdivision one  of  section  70.20
[and  section  75.05]  of  the  penal  law. The order of commitment must
direct that the defendant be delivered to an institution  designated  by
the  commissioner  of  correctional  services  in  accordance  with  the
provisions of the correction law.
4. Certain resentences. When a sentence of imprisonment that has  been
imposed  on a defendant is vacated and a new sentence is imposed on such
defendant for the same offense, or for an offense based  upon  the  same
act,  if  the  term  of  the new definite or determinate sentence or the
maximum term of the new indeterminate sentence so imposed is  less  than
or equal to that of the vacated sentence:
(a)  where the time served by the defendant on the vacated sentence is
equal to or greater than the term or maximum term of the  new  sentence,
the  new  sentence  shall be deemed to be served in its entirety and the
defendant shall not be committed to a correctional facility pursuant  to
said sentence; and
(b)  where  the  defendant was under the supervision of a local condi-
tional release commission or the division of  parole  at  the  time  the
sentence  was vacated, then the commitment shall direct that said condi-
tional release or parole be recommenced, and the defendant shall not  be
committed  to  a correctional facility pursuant to said sentence, except
as a result of revocation of parole or of conditional release; and
(c) where the defendant was not under the supervision of the  division
of  parole  at  the  time  the indeterminate or determinate sentence was
vacated, but would immediately be eligible for conditional release  from
the new indeterminate or determinate sentence, the court shall ascertain
from  the  department of correctional services whether the defendant has
earned a sufficient amount of good time under the vacated sentence so as
to require the conditional  release  of  the  defendant  under  the  new
sentence;  in  the event the defendant has earned a sufficient amount of
good time, the court shall stay execution of sentence until the  defend-
ant  surrenders  at a correctional facility pursuant to the direction of
the department of correctional services, which shall occur no later than
sixty days after imposition of sentence; upon said  stay  of  execution,
the  court  clerk  shall immediately mail to the commissioner of correc-
tional services a certified copy of the commitment reflecting said  stay
of  execution  and the name, mailing address and telephone number of the
defendant's legal representative; in the event the  defendant  fails  to
surrender  as  directed  by the department of correctional services, the
department shall notify the court  which  shall  thereafter  remand  the
defendant to custody pursuant to section 430.30 of this article; and
(d)  upon  the resentence of a defendant as described in this subdivi-
sion, the court clerk shall immediately mail a  certified  copy  of  the
commitment  to  the commissioner of correctional services if the vacated
sentence or the new sentence is an indeterminate or determinate sentence
and no mailing is required by paragraph (c) of this  subdivision;  addi-
tionally, the court clerk shall immediately mail a certified copy of the
new commitment to the head of the appropriate local correctional facili-
ty if the vacated sentence or the new sentence is a definite sentence.
§  36. The opening paragraph of subdivision 5 of section 530.12 of the
criminal procedure law, as amended by chapter 454 of the laws  of  1990,
is amended to read as follows:
  Upon  conviction of any crime or violation between spouses, parent and
child, or between members of the same family or household, the court may
in addition to any other disposition, including a conditional  discharge
or  youthful  offender  adjudication,  enter an order of protection. The
duration of such an order shall be fixed by the court and, in  the  case
of  a felony conviction, shall not exceed the greater of: (i) five years
from the date of such conviction, or (ii) three years from the  date  of
the  expiration of the maximum term of an indeterminate or the term of a
determinate sentence of imprisonment actually imposed; or in the case of
a conviction for a class A misdemeanor, shall  not  exceed  three  years
from the date of such conviction; or in the case of a conviction for any
other  offense,  shall  not exceed one year from the date of conviction.
For purposes of determining the  duration  of  an  order  of  protection
entered  pursuant  to  this subdivision, a conviction shall be deemed to
include a conviction that has been replaced by a youthful offender adju-
dication.   In addition to any  other  conditions,  such  an  order  may
require the defendant:
§  37. The opening paragraph of subdivision 4 of section 530.13 of the
criminal procedure law, as amended by chapter 454 of the laws  of  1990,
is amended to read as follows:
Upon  conviction  of  any  offense,  where the court has not issued an
order of protection pursuant to section  530.12  of  this  article,  the
court may, in addition to any other disposition, including a conditional
discharge   or   youthful  offender  adjudication,  enter  an  order  of
protection. The duration of such an order shall be fixed  by  the  court
and,  in  the  case of a felony conviction, shall not exceed the greater
of: (i) five years from the date of such conviction, or (ii) three years
from the date of the expiration of the maximum term of an  indeterminate
or  the term of a determinate sentence of imprisonment actually imposed;
or in the case of a conviction for a  class  A  misdemeanor,  shall  not
exceed three years from the date of such conviction; or in the case of a
conviction  for  any  other  offense, shall not exceed one year from the
date of conviction. For purposes of determining the duration of an order
of protection entered pursuant to this subdivision, a  conviction  shall
be  deemed  to include a conviction that has been replaced by a youthful
offender adjudication. In addition to any other conditions such an order
may require that the defendant:
§ 38. Subdivisions 1 and 2 of section  259-c  of  the  executive  law,
subdivision  1 as amended by chapter 55 of the laws of 1992, subdivision
2 as amended by chapter 79 of the laws of 1989, are amended to  read  as
follows:
1.  have  the  power  and duty of determining which inmates serving an
indeterminate or determinate sentence of imprisonment may be released on
parole,  or  on  medical  parole  pursuant  to   section   two   hundred
fifty-nine-r of this article, and when and under what conditions;
2.    have the power and duty of determining the conditions of release
of the person who may be conditionally released under  an  indeterminate
or [reformatory] determinate sentence of imprisonment;
§ 39. Paragraph (a) of subdivision 2 of section 259-i of the executive
law,  as  amended by chapter 396 of the laws of 1987, is amended to read
as follows:
(a)  At least one month prior to the [expiration of the minimum period
or periods of imprisonment fixed by the court or board] date on which an
inmate may be paroled pursuant to subdivision one of  section  70.40  of
the  penal  law,  a  member or members as determined by the rules of the
board shall personally interview [an] such inmate [serving an indetermi-
nate sentence] and determine whether he should be paroled [at the  expi-
ration  of  the minimum period or periods] in accordance with the guide-
lines adopted pursuant  to  subdivision  four  of  section  two  hundred
fifty-nine-c.  If  parole  is  not  granted upon such review, the inmate
shall be informed in writing within two weeks of such appearance of  the
factors  and  reasons  for  such denial of parole. Such reasons shall be
given in detail and not in conclusory terms. The board shall  specify  a
date not more than twenty-four months from such determination for recon-
sideration, and the procedures to be followed upon reconsideration shall
be  the same. If the inmate is released, he shall be given a copy of the
conditions of parole. Such conditions shall where appropriate, include a
requirement that the parolee  comply  with  any  restitution  order  and
mandatory surcharge previously imposed by a court of competent jurisdic-
tion  that  applies  to  the parolee. The board of parole shall indicate
which restitution collection agency established under subdivision  eight
of  section  420.10  of the criminal procedure law, shall be responsible
for collection of restitution and mandatory surcharge as provided for in
section 60.35 of the penal law and section eighteen hundred nine of  the
vehicle and traffic law.
§  40. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 2 of
section 259-i of the executive law, as added by chapter 372 of the  laws
of 1985, are amended to read as follows:
(i)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
this subdivision, after the inmate has  served  his  minimum  period  of
imprisonment  imposed  by  the  court, or at any time after the inmate's
period of imprisonment has commenced, provided that the inmate has had a
final order of deportation issued against him and provided further  that
the  inmate  is not convicted of either an A-I felony offense other than
an A-I felony offense as defined in article two hundred  twenty  of  the
penal law or a violent felony offense as defined in section 70.02 of the
penal  law, if the inmate is subject to deportation by the United States
Immigration and Naturalization Service, in addition to the criteria  set
forth  in  paragraph (c), the board may consider, as a factor warranting
earlier release, the fact that such inmate will  be  deported,  and  may
grant  parole  to  such  inmate  conditioned  specifically on his prompt
deportation. The board may make such conditional grant of  early  parole
only where it has received from the United States Immigration and Natur-
alization  Service  assurance  (A)  that an order of deportation will be
executed or that proceedings will promptly be commenced for the  purpose
of  deportation  upon  release  of  the  inmate  from the custody of the
department of correctional services, and (B) that the inmate, if granted
parole pursuant to this paragraph, will not be released from the custody
of the United States Immigration and Naturalization Service, unless such
release be as a result of deportation  without  providing  the  board  a
reasonable  opportunity  to arrange for execution of its warrant for the
retaking of such parolee.
(ii) An inmate who has been granted parole pursuant to this  paragraph
shall  be  delivered to the custody of the United States Immigration and
Naturalization Service along with the board's warrant for  his  retaking
to  be executed in the event of his release from such custody other than
by deportation. In the event that such person is not deported, the board
shall  execute  the  warrant,  effect  his  return to the custody of the
department of correctional services and within  sixty  days  after  such
return,  provided  that  the  minimum  period  of  imprisonment has been
served, personally interview him  to  determine  whether  he  should  be
paroled in accordance with the provisions of paragraphs (a), (b) and (c)
of  this  subdivision. The return of a person granted parole pursuant to
this paragraph for the reason set forth herein shall not be deemed to be
a parole delinquency and  the  interruptions  specified  in  subdivision
three  of  section  70.40 of the penal law shall not apply, but the time
spent in the custody of the United States Immigration and Naturalization
Service shall be credited against the term of the sentence in accordance
with the rules specified in paragraph (c) of that subdivision.  Notwith-
standing  any other provision of law, any inmate granted parole pursuant
to this paragraph who is subsequently committed to the  custody  of  the
department of correctional services for a felony offense committed after
release  pursuant  to  this  paragraph shall have his parole eligibility
date on the sentence for the new felony offense extended by  the  amount
of  time  between  the  date  on which such inmate was released from the
custody of the department of  correctional  services  pursuant  to  this
paragraph  and  the  date  on  which  such  inmate  would otherwise have
completed service of the minimum period of  imprisonment  on  the  prior
felony offense.
§  41.  Subparagraph  (i) of paragraph (a) of subdivision 3 of section
259-i of the executive law, as amended by chapter  55  of  the  laws  of
1992, is amended to read as follows:
(i)  If the parole officer having charge of a paroled or conditionally
released person or a prisoner received under the uniform act for out-of-
state parolee supervision shall have reasonable cause  to  believe  that
such  person  has  lapsed into criminal ways or company, or has violated
one or more conditions of his parole, such parole officer  shall  report
such  fact  to a member of the board of parole, or to any officer of the
division designated by the board, and thereupon a warrant may be  issued
for  the  retaking  of  such  person  and for his temporary detention in
accordance with rules of the board. The retaking and  detention  of  any
such  person  may  be  further regulated by rules and regulations of the
division not inconsistent with this article. A warrant  issued  pursuant
to this section shall constitute sufficient authority to the superinten-
dent  or  other  person  in  charge of any jail, penitentiary, lockup or
detention pen to whom it is delivered to hold in temporary detention the
person named therein; except that a warrant issued  with  respect  to  a
person  who  has been released on medical parole pursuant to section two
hundred fifty-nine-r of this article and whose parole is  being  revoked
pursuant  to  paragraph  (h)  of  subdivision four of such section shall
constitute authority for the immediate placement  of  the  parolee  only
into  the  custody of the department of correctional services to hold in
temporary detention.  A warrant issued pursuant to  this  section  shall
also  constitute  sufficient authority to the person in charge of a drug
treatment campus, as defined in subdivision twenty of section two of the
correction law, to hold the person named therein, in accordance with the
procedural requirements of this section, for a period of at least ninety
days to complete an intensive drug treatment  program  mandated  by  the
board  of  parole  as an alternative to parole revocation and shall also
constitute sufficient authority for return of the person  named  therein
to  local  custody to hold in temporary detention for further revocation
proceedings in the event said person does not successfully complete  the
intensive  drug  treatment  program. The board's rules shall provide for
cancellation  of  delinquency  and  restoration  to supervision upon the
successful completion of the program.
§ 42. Paragraph (d) of subdivision 3 of section 259-i of the executive
law, as amended by chapter 413 of the laws of 1984, is amended  to  read
as follows:
(d)  If  a finding of probable cause is made pursuant to this subdivi-
sion either by determination at a preliminary hearing or by  the  waiver
thereof,  or  if  the  releasee  has been convicted of a new crime while
under his present parole or conditional release supervision, the board's
rules shall provide for (i) declaring such person to  be  delinquent  as
soon  as practicable and shall require reasonable and appropriate action
to make a final determination with respect to the alleged  violation  or
(ii)  ordering  such  person  to be restored to parole supervision under
such circumstances as it may deem appropriate or (iii) when a parolee or
conditional releasee has been convicted of a new felony committed  while
under  his  present  parole or conditional release supervision and a new
indeterminate or determinate sentence  has  been  imposed,  the  board's
rules  shall  provide for a final declaration of delinquency. The inmate
shall then be notified in writing that his release has been  revoked  on
the  basis  of  the  new  conviction  and a copy of the commitment shall
accompany said notification. The inmate's  next  appearance  before  the
board shall be governed by the legal requirements of said new indetermi-
nate  sentence,  or  shall  occur  as soon after a final reversal of the
conviction as is practicable.
§ 43. Section 259-j of the executive law, as amended by chapter 396 of
the laws of 1987, is amended to read as follows:
§ 259-j. Discharge from parole and conditional release. If  the  board
of  parole  is  satisfied that an absolute discharge from parole or from
conditional release is in the best interests of society, the  board  may
grant such a discharge prior to the expiration of the full term or maxi-
mum  term  to any person who has been on unrevoked parole or conditional
release for at least three consecutive years.  A discharge granted under
this section shall constitute a termination of the sentence with respect
to which it was granted. No such discharge shall be granted  unless  the
board  of  parole  is  satisfied that the parolee, otherwise financially
able to comply with an order of  restitution  and  the  payment  of  any
mandatory surcharge previously imposed by a court of competent jurisdic-
tion, has made a good faith effort to comply therewith.
§ 44. Paragraph (a) of subdivision 1 of section 259-r of the executive
law,  as  added by chapter 55 of the laws of 1992, is amended to read as
follows:
(a) The board shall have the power to release on  medical  parole  any
inmate  serving an indeterminate or determinate sentence of imprisonment
who, pursuant to subdivision two of this section, has been certified  to
be suffering from a terminal condition, disease or syndrome and to be so
debilitated  or incapacitated as to create a reasonable probability that
he or she is physically incapable of presenting any danger  to  society,
provided,  however,  that  no  inmate  serving a sentence imposed upon a
conviction for any of the following offenses shall be eligible for  such
release:  murder  in  the  first  degree,  murder  in the second degree,
manslaughter in the first degree, any offense  defined  in  article  one
hundred  thirty  of  the  penal law or an attempt to commit any of these
offenses.
§ 44-a. Commission to study the effects of the sentencing  reform  act
of 1995. 1. There is hereby created a commission to study the effects of
the  sentencing reform act of 1995. The purpose of such commission shall
be to review and assess the effects of sections one  through  forty-four
of  this act and to recommend to the governor and the legislature statu-
tory changes related thereto.
The commission shall consist of nine members appointed as follows:
(i) Five members shall be appointed by the governor.
(a) one such member shall be a member  of  the  bar  with  significant
experience in the prosecution of criminal actions;
(b)  one  such  member  shall  be a member of the bar with significant
experience in representing defendants in criminal actions;
(c) one such member shall be a representative of law enforcement;
(d) one such member shall be a representative of victims of crime; and
(e) one such member shall be appointed at large;
(ii) Two members shall be appointed by the chief judge of the court of
appeals.
(a) one such member shall be a judge or former judge who has  substan-
tial experience in presiding over courts of criminal jurisdiction; and
(b)  one  such member shall be an academic expert in sentencing policy
and quantitative research;
(iii) One member shall be appointed by the temporary president of  the
senate; and
(iv) One member shall be appointed by the speaker of the assembly.
2.  The governor shall select a chair of the commission from among the
members, who shall serve at the pleasure of the governor. No  member  of
the  commission  shall be disqualified from holding any public office or
employment, nor shall he or she forfeit any such office or employment by
virtue of his or her appointment hereunder. Members  of  the  commission
shall  receive  no  compensation for their services but shall be allowed
their actual and necessary expenses incurred in the performance of their
functions hereunder. All members of the commission shall  serve  at  the
pleasure  of  the  appointing authority and vacancies shall be filled in
the same manner as original appointments.
3. The commission shall:
(i) Assess the impact of the sentencing reform act of 1995  on  actual
prison sentences served by offenders;
(ii)  Review the current and future costs of the sentencing reform act
of 1995 in prison capacity, operation and related expenses;
(iii) Review whether the sentencing structure following  enactment  of
the  sentencing  reform act of 1995 provides for sufficient sentences to
punish, incapacitate and deter violent offenders and ensure that  prison
resources  are  not  expended  with respect to non-violent offenders who
might be more appropriately punished by  alternative  sanctions  and  to
recommend  statutory changes, if appropriate, to achieve those purposes;
and
(iv) Determine how any changes  proposed  by  the  commission  can  be
implemented at the least possible cost to the taxpayers.
4. The commission shall be authorized:
(i)  to  call  upon any agency, department, office, division or public
authority of this state to supply it with such information as  it  deems
necessary  to  discharge  its responsibilities. Each agency, department,
office, division and public authority of this state shall cooperate with
the commission and furnish such information and assistance as is reason-
ably necessary for it to accomplish its purposes;
(ii) to conduct public hearings, hear the testimony of  witnesses  and
request  any  documents  the commission deems necessary to carry out its
responsibilities;
(iii) to appoint an executive director, a counsel or counsels and such
other  staff  as  the  commission  determines necessary to carry out its
responsibilities;
(iv) to contract with any state or private entity for the provision of
such services as the commission determines to be necessary; and
(v) to take such other actions not inconsistent with the  purposes  of
this section as shall enable the commission to carry out its functions.
5. The Commission shall issue an interim report to the governor, chief
judge of the court of appeals, temporary president of the senate and the
speaker of the assembly on or about December 1, 1999, and a final report
on or about September 1, 2003; both of which shall be in accordance with
the provisions of this section.
§  45. Notwithstanding any other provision of law to the contrary, any
inmate in the custody of or who will be delivered to the custody of  the
department  of  correctional  services,  who  was sentenced on or before
October 1, 1995, as a second felony offender pursuant to  section  70.06
of  the penal law for one or more class D or E felony offense defined in
article 220 or article 221 of the penal law and no other felony offense,
who was not previously convicted of any  felony  offense  other  than  a
class  C,  D or E felony defined in article 220 or 221 of the penal law,
shall be eligible  for  parole  release  consideration.  In  determining
whether  or  not to grant discretionary release on parole to such inmate
pursuant to this section, a member or members of  the  board  of  parole
shall  consider  the  same  factors  that  a sentencing court applies in
determining whether to sentence an eligible offender to a parole  super-
vision  sentence  as defined in section 410.91 of the criminal procedure
law and may make such determination without a personal interview of  the
inmate.  A  grant  of parole release pursuant to this section shall be a
conditional grant for any  inmate  not  otherwise  eligible  for  parole
release  consideration.  Upon the issuance of a favorable parole release
decision for any  inmate  not  otherwise  eligible  for  parole  release
consideration,  the division of parole shall notify the sentencing court
and the  appropriate  district  attorney  of  the  inmate's  conditional
approval  for  parole  release  pursuant  to  this section and request a
determination from the court and the district attorney either  approving
or  disapproving the decision. In any case where the sentencing court or
the district attorney disapproves of the grant  of  parole,  the  parole
release  decision  shall  be  deemed  a  nullity. Unless the division of
parole receives a response disapproving the conditional  parole  release
decision  within  thirty  days  after  the  division of parole mails the
notification,  the  parole  release  decision  shall  be  deemed  to  be
approved.  Any  inmate  granted  parole release pursuant to this section
shall be subject to the same terms and conditions described  in  section
410.91  of  the  criminal  procedure law as if such inmate had initially
received a parole supervision sentence;  provided,  however,  that  such
inmate  shall  be required to undergo a drug treatment program at a drug
treatment campus for a period of between 30 and  90  days  as  shall  be
determined by the division of parole.  Notwithstanding the provisions of
this  section,  the division of parole may waive attendance at such drug
treatment campus if the drug treatment campus has not yet  begun  opera-
tion,  and  if the division determines that the inmate has either under-
gone significant drug treatment while in custody, or,  has  successfully
participated in rehabilitation programs, and is not in need of immediate
intensive drug treatment prior to release.  Any inmate denied release on
parole  shall  thereafter be ineligible for parole release consideration
pursuant to this section.
§  46.    Notwithstanding  the provisions of sections 22, 23 and 24 of
chapter 723 of the laws of 1993, the department of correctional services
is hereby authorized to operate a drug treatment campus on  the  grounds
of Willard Facility in Seneca county.
§  47.  Section  3  of  chapter  886 of the laws of 1972, amending the
correction law and the penal  law  relating  to  prisoner  furloughs  in
certain cases and the crime of absconding therefrom, as amended by chap-
ter 61 of the laws of 1994, is amended to read as follows:
§  3.  This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [1995] 1997.
§ 48. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as  amended
by chapter 61 of the laws of 1994, is amended to read as follows:
§ 20. This act shall take effect immediately except that section thir-
teen  of  this  act shall expire and be of no further force or effect on
and after September 1, [19951997  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January  first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime and correction
committee, the senate codes committee, the assembly  correction  commit-
tee,  and  the  assembly  codes  committee,  the standards in effect for
earned eligibility during the prior  six-month  period,  the  number  of
inmates  subject to the provisions of earned eligibility, the number who
actually received certificates of earned eligibility during that  period
of  time, the number of inmates with certificates who are granted parole
upon their first consideration for parole, the number with  certificates
who  are denied parole upon their first consideration, and the number of
individuals granted and denied parole who did not have earned  eligibil-
ity certificates.
§  49.  Subdivision  (q)  of  section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by chapter 61  of  the  laws  of  1994,  is
amended to read as follows:
(q)  the  provisions  of  section  two hundred eighty-four of this act
shall remain in effect until September 1, [1995] 1997 and be  applicable
to all persons entering the program on or before August 31, [1995] 1997.
§  50.  Section  10  of  chapter 339 of the laws of 1972, amending the
correction law and the  penal  law  relating  to  inmate  work  release,
furlough  and  leave,  as  amended by chapter 61 of the laws of 1994, is
amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become  a
law  and  shall  remain  in  effect  until September 1, [1995] 1997, and
provided further that the commissioner of  correctional  services  shall
report each January first, and July first, to the chairman of the senate
crime  victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly  codes  commit-
tee,  the  number of eligible inmates in each facility under the custody
and control of the commissioner who have applied  for  participation  in
any  program  offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
§ 51. Subdivision (c) of section 46 of chapter 60 of the laws of  1994
relating  to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations budget, as amended by chapter 63 of  the  laws  of  1994,  is
amended to read as follows:
(c)  sections forty-one and forty-two of this act shall expire Septem-
ber 1, [1995] 1997; provided, that the provisions of  section  forty-two
of  this act shall apply to inmates entering the work release program on
or after such effective date; and
§ 52. Subdivision (z) of section 427 of chapter  55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as  amended  by  chapter 61 of the laws of 1994, is
amended to read as follows:
(z) the provisions of section three hundred  eighty-one  of  this  act
shall  apply  to  all persons supervised by the division of parole on or
after the effective date of this act, provided however, that subdivision
9 of section 259-a of the executive  law,  as  added  by  section  three
hundred  eighty-one  of  this  act, shall expire on [April] September 1,
[1995] 1997;
§ 53. Section 5 of chapter 554  of  the  laws  of  1986  amending  the
correction law and the penal law relating to community treatment facili-
ties and establishing the crime of absconding from a community treatment
facility,  as  amended  by chapter 55 of the laws of 1992, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall remain  in  full
force  and  effect until September 30, [1995] 1997, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in  effect,
to the chairmen of the senate crime and correction committee, the senate
codes  committee,  the  assembly  correction committee, and the assembly
codes committee, the number of individuals who are released to community
treatment facilities during the previous six-month period, including the
total number for each date at each facility who are not residing  within
the  facility, but who are required to report to the facility on a daily
or less frequent basis.
§ 54. Subdivision 2 of section 167 of chapter 169 of the laws of 1994,
amending the criminal procedure law and various other laws  relating  to
the deposit and expenditure of funds of the state, is amended to read as
follows:
2.  Sections  seventy-one  through  one hundred thirty-one of this act
shall be deemed to have been in full force and effect on and after April
1, 1994, provided, however, that the amendments made to subdivision 1 of
section 409-b of the social services law by section ninety-eight of this
act shall not affect the expiration of such subdivision and shall expire
therewith; provided, further, that the amendments made to section 879 of
the executive law by section ninety-four of this act  shall  not  affect
the  expiration  of  such  section as provided for in section 893 of the
executive law  and  shall  expire  therewith;  provided,  further,  that
sections  eighty  [and],  eighty-one  [of  this  act shall expire and be
deemed repealed on March 31, 1995; provided,  further,  that  sections],
eighty-six  and  eighty-seven  of  this  act  shall expire and be deemed
repealed on [March 31, 1996] September 1, 1997.
§ 55. Section 189 of the correction law, as amended by chapter 738  of
the laws of 1942, is amended to read as follows:
§  189.  Disposition of moneys paid to prisoner for his labor.  1. The
amount of such compensation to the credit of any prisoner may  be  drawn
by  the  prisoner  during  his  imprisonment,  only upon approval of the
commissioner to aid dependent relatives of such prisoner,  or  for  such
other  purposes  as  the commissioner may approve.  Such disbursement to
aid  a  dependent relative of a prisoner may be made without the consent
of such prisoner upon the certificate of the commissioner  of  [welfare]
social services, or other officer performing the duties of a commission-
er of welfare, of the community in which such dependent is located.  Any
balance  to  the  credit  of any prisoner at the time of his conditional
release as provided by this chapter shall be subject to the draft of the
prisoner in such amounts and at such times  as  the  commissioner  shall
approve;  provided,  however,  that at the date of absolute discharge of
any prisoner the balance as aforesaid shall be paid to such prisoner.
2. The commissioner may collect from the compensation paid to a  pris-
oner  for  work performed while housed in a general confinement facility
an incarceration fee, not to exceed one dollar per week, for  each  week
of  confinement  to  help defray the costs of incarceration. The commis-
sioner shall waive the collection of such fee  where  it  is  determined
that  the  payment of the fee would work an unreasonable hardship on the
prisoner or his or her immediate family.
§ 56. Subdivision 5 of section 60.35 of the penal law, as  amended  by
chapter 62 of the laws of 1989, is amended to read as follows:
5.  (a)  When  a  person  who is convicted of a crime or violation and
sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
surcharge  or  crime victim assistance fee required by this section, the
clerk of the court that rendered the conviction shall notify the  super-
intendent  or the municipal official of the facility where the person is
confined. The superintendent or the municipal official shall  cause  any
amount  owing to be collected from such person during his term of impri-
sonment from moneys to the credit of an inmates' fund or such moneys  as
may  be earned by a person in a work release program pursuant to section
eight hundred sixty of the correction law. Such  moneys  shall  be  paid
over  to  the  state  comptroller  to the credit of the criminal justice
improvement account established by section ninety-seven-bb of the  state
finance law. For the purposes of collecting such mandatory surcharge and
crime  victim assistance fee, the state shall be legally entitled to the
money to the credit of an inmates' fund or money which is earned  by  an
inmate  in a work release program. For purposes of this subdivision, the
term "inmates' fund" shall mean moneys in the possession of an inmate at
the time of his admission into such facility, funds  earned  by  him  as
provided  for  in section one hundred eighty-seven of the correction law
and any other funds received by him or on his behalf and deposited  with
such superintendent or municipal official.
(b)  The  incarceration fee provided for in subdivision two of section
one hundred eighty-nine of the correction law shall not be  assessed  or
collected  if  any  order  of restitution or reparation, fine, mandatory
surcharge or crime victim assistance fee remains unpaid. In such circum-
stances, any monies which may lawfully be withheld from the compensation
paid to a prisoner for work performed while housed in a general confine-
ment facility in satisfaction of  such  an  obligation  shall  first  be
applied toward satisfaction of such obligation.
§  57. Notwithstanding any other provision of law, the commissioner of
correctional services shall report each January first during  such  time
as  sections nine and ten of this act are in effect, to the chairpersons
of the senate crime victims, crime and  correction  committee,  and  the
assembly committee on correction, the total amount of fees collected and
the number of inmates who paid the incarceration fee for such period.
§ 58. Section 3 of chapter 711 of the laws of 1987, amending the exec-
utive  law,  relating  to  creating  a witness protection program in the
division of criminal justice services, as amended by chapter 55  of  the
laws of 1992, is amended to read as follows:
§  3.  This  act  shall  take effect on the first day of November next
succeeding the date on which it shall have become a law, except that any
rules and regulations necessary for the timely  implementation  of  this
act  on  its  effective date shall be promulgated on or before such date
provided, however, that the provisions  of  this  act  shall  expire  on
November  1,  [19951997 at which time the provisions of the executive
law as added by this act shall be deemed repealed.
§ 59. The correction law is amended by adding a new section 95 to read
as follows:
§ 95. Use of local government institutions for confinement of  persons
under  custody with or awaiting transfer to the department.  1. Notwith-
standing any other provision of law, the commissioner is hereby  author-
ized  to contract with any county or the city of New York for the use of
a local correctional facility to provide for the care and custody of any
person convicted  of  an  offense  and  sentenced  to  an  indeterminate
sentence  of imprisonment who is awaiting transfer to or has been trans-
ferred to the custody of the department as required by section 430.20 of
the criminal procedure law.
2. Any such inmate shall be deemed to be in the custody of and subject
to the jurisdiction of the department but shall, during  the  period  of
his or her local confinement, be under the care of the head of the local
correctional facility in which he or she resides.
3.  If  at  any time the head of the local correctional facility is of
the opinion that the continued care of such inmate in the local  correc-
tional  facility  is  inconsistent  with  the  welfare  or safety of the
inmate, the community, the facility or other inmates, he may demand that
such inmate be transferred  forthwith  to  custody  of  the  department.
Thereafter, the department shall be obligated to receive into its custo-
dy  such  inmate  in  the  manner prescribed for the acceptance of newly
sentenced inmates required by section 430.20 of the  criminal  procedure
law unless the contract specifies an alternative method of transfer.
4.  The commissioner is hereby authorized to reimburse the contracting
county or the city of New York for a sum equivalent to the reimbursement
for costs of felony prisoners pursuant to subdivision two of section six
hundred one-c of this chapter.
5. No inmate shall be housed  in  a  local  correctional  facility  or
series  of  local  correctional  facilities pursuant to a contract under
subdivision one of this section for a period exceeding six months.
§ 60. Notwithstanding any other provision of law to the contrary,  any
inmate  in  the custody of the state department of correctional services
who was received on or after April 1, 1993, but prior to April 1,  1995,
who was an otherwise eligible inmate for the shock incarceration program
as  defined  in article 26-A of the correction law, who has not received
any additional sentences which would make him or her ineligible for  the
shock  incarceration  program,  and who was unable to participate in the
shock incarceration program for reasons related to physical limitations,
disabilities or a medical condition,  shall  be  eligible  to  apply  to
participate in the program.
§  61.  Notwithstanding  the  provisions  of sections 22, 23 and 24 of
chapter 723 of the laws of 1993 with respect to the closure  of  Willard
Psychiatric  Center,  such  provisions shall be deemed satisfied and the
facility shall be closed on or after April 1, 1995.
§ 62. Subsection (e) of section 9110 of the insurance law, as  amended
by chapter 170 of the laws of 1994, is amended to read as follows:
(e) All moneys received by the superintendent which are collected from
policyholders  of  insurance  on passenger motor vehicles subject to the
provisions of paragraph [(a)] a  of  subdivision  six  of  section  four
hundred  one  of  the vehicle and traffic law shall be paid to the state
police motor vehicle law enforcement  account  established  pursuant  to
section ninety-seven-mm of the state finance law by the tenth day of the
month  following receipt of such collections. [By the end of each fiscal
year, any moneys paid to the state police motor vehicle law  enforcement
account  established  pursuant  to  section ninety-seven-mm of the state
finance law which exceed nine million one hundred thousand dollars shall
be paid to the motor vehicle theft and insurance fraud  prevention  fund
established pursuant to section eighty-nine-d of the state finance law.]
§  63.  Subdivision  2  of  section  89-d of the state finance law, as
amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
follows:
2.  Such fund shall consist of all moneys received by the state pursu-
ant to subsection (f) of section nine thousand one hundred  ten  of  the
insurance  law  [including  any moneys received by the state pursuant to
subsection (e) of section nine thousand one hundred ten of the insurance
law that are transfered to the fund] and all other grants,  bequests  or
other  moneys  appropriated,  credited  or  transferred thereto from any
other fund or source pursuant to law.
§ 64. The superintendent, no later than March fifteenth of each  year,
shall furnish to the governor, the speaker of the assembly and the pres-
ident  pro  tem  of  the  senate,  a  report  detailing  the  auto theft
prevention activities of the state police for  the  previous  year.  The
report shall include, but not be limited to, a breakdown by troop of the
anti-auto  theft  activities and an analysis of the incidence of automo-
bile theft for each of the state police troop jurisdictions. The  report
shall  also  contain performance measures, including but not limited to,
arrests, convictions and vehicle recoveries by troop, to demonstrate the
effectiveness of these anti-auto theft activities.
§ 65. Section 420.30 of the criminal  procedure  law,  as  amended  by
chapter 290 of the laws of 1980, subdivision 2 as amended by chapter 618
of the laws of 1992, subdivision 3 as amended by chapter 260 of the laws
of  1993  and subdivision 4 as added by chapter 794 of the laws of 1992,
is amended to read as follows:
§ 420.30 Remission of fines, restitution or reparation.
1. Applicability. The procedure  specified  in  this  section  governs
remission  of  fines, restitution or reparation in all cases not covered
by subdivision four of section 420.10.
2. Procedure. (a) Any superior court which has imposed a fine,  resti-
tution  or  reparation  for  any offense may, in its discretion, on five
days notice to the district attorney of the county in which  such  fine,
restitution  or  reparation  was  imposed  and  to each person otherwise
required to be given notice of restitution  or  reparation  pursuant  to
subdivision one of section 420.10, remit such fine, restitution or repa-
ration or any portion thereof. In case of a fine, restitution or repara-
tion imposed by a local criminal court for any offense, a superior court
holding  a  term in the county in which the fine, restitution or repara-
tion was imposed may, upon like notice, remit such fine, restitution  or
reparation or any portion thereof.
(b)  The court shall give each person given notice a reasonable oppor-
tunity to be heard on the question of remitting an order of  restitution
or  reparation.  If  the court remits such restitution or reparation, or
any part thereof, the reasons therefor shall be placed upon the  record.
[This  paragraph shall not apply to remittances of a mandatory surcharge
imposed pursuant to subdivision one of section 60.35 of the penal law.]
3. Restrictions. [Only if a superior court determines, on the basis of
information incorporated into the record pursuant to subdivision four of
this  section  that because of the indigence of the offender the payment
of said surcharge would work an  unreasonable  hardship  on  the  person
convicted  or  on  his or her immediate family, may all or any part of a
mandatory surcharge imposed pursuant to subdivision one of section 60.35
of the penal law, subdivision twenty-a of section three hundred  eighty-
five  of  the vehicle and traffic law, subdivision nineteen-a of section
four hundred one  of  the  vehicle  and  traffic  law,  or  a  mandatory
surcharge imposed pursuant to section eighteen hundred nine of the vehi-
cle  and traffic law be remitted. The superior court shall be mindful of
the mandatory nature of the surcharge and the  crime  victim  assistance
fee, and the important criminal justice and victim services sustained by
such  fees.  No  such  court shall remit the mandatory surcharge for any
defendant represented in any action or proceeding  by  private  retained
counsel  unless  the  court finds on the record, based upon credible and
verifiable evidence introduced on the  record  by  the  defendant,  that
because  of  the indigence of the defendant the payment of the mandatory
surcharge will work an unreasonable hardship upon the  person  convicted
or his or her immediate family.] In no event shall a mandatory surcharge
or crime victim assistance fee be remitted.
[4. Where a court of record or administrative tribunal determines that
it  will  remit part or all of a mandatory surcharge imposed pursuant to
subdivision one of section 60.35 of  the  penal  law,  section  eighteen
hundred  nine  of  the  vehicle  and traffic law or section 27.12 of the
parks, recreation and historic preservation law,  a  statement  of  such
finding  and  of  the facts upon which it is based shall be made part of
the record of such case.]
§ 66. The section heading and subdivision 1 of section 420.35  of  the
criminal  procedure  law, as amended by chapter 696 of the laws of 1990,
and subdivision 1 as amended by chapter 55  of  the  laws  of  1992,  is
amended to read as follows:
Mandatory  surcharge and crime victim assistance fee; [waiver;] appli-
cability to sentences mandating payment of fines. 1.  The provisions  of
section  420.10  of  this article governing the collection of fines [and
the provisions of section 420.30 of this article governing the remission
of fines] and the provisions of section 420.40 of this article governing
deferral of mandatory surcharges and financial hardship hearings and the
provisions of section 430.20 of this chapter governing the commitment of
a defendant for failure to pay a fine shall be applicable to a mandatory
surcharge and a crime victim assistance fee imposed pursuant to subdivi-
sion one of section 60.35 of the  penal  law,  subdivision  twenty-a  of
section three hundred eighty-five of the vehicle and traffic law, subdi-
vision nineteen-a of section four hundred one of the vehicle and traffic
law,  or  a  mandatory  surcharge  imposed  pursuant to section eighteen
hundred nine of the vehicle and traffic law  or  section  27.12  of  the
parks,  recreation and historic preservation law. When the court directs
that the defendant be imprisoned until the mandatory surcharge is satis-
fied, it must specify a maximum period of  imprisonment  not  to  exceed
fifteen days; provided, however, a court may not direct that a defendant
be  imprisoned  until  the mandatory surcharge is satisfied or otherwise
for failure to pay the mandatory surcharge  unless  the  court  makes  a
contemporaneous  finding on the record, after according defendant notice
and an opportunity to be  heard,  that  the  payment  of  the  mandatory
surcharge upon defendant will not work an unreasonable hardship upon him
or her or his or her immediate family.
§ 67. Subdivisions 2, 3 and 5 of section 420.35 of the criminal proce-
dure law are REPEALED.
§  68.  Subdivision 4 of section 420.35 of the criminal procedure law,
as added by chapter 260 of the laws of 1993, is renumbered subdivision 2
and amended to read as follows:
2. Under no circumstances shall the mandatory surcharge or  the  crime
victim assistance fee be waived.
§  69.  Subdivision 6 of section 420.35 of the criminal procedure law,
as added by chapter 166 of the laws of 1991 and as renumbered by chapter
260 of the laws of 1993, is renumbered subdivision 3 and amended to read
as follows:
3. It shall be the duty of a court of record or administrative  tribu-
nal to report to the division of criminal justice services on the dispo-
sition  and  collection of mandatory surcharges and crime victim assist-
ance fees. Such  report  shall  include,  for  all  cases,  whether  the
surcharge  or crime victim assistance fee levied pursuant to subdivision
one of section 60.35 of the penal law or section eighteen  hundred  nine
of  the  vehicle  and  traffic  law  has  been  imposed pursuant to law,
[waived,] collected, or is to be collected by probation  or  corrections
or other officials. The form, manner and frequency of such reports shall
be  determined  by  the commissioner of the division of criminal justice
services after consultation with the chief administrator of  the  courts
and the commissioner of the department of motor vehicles.
§  70.  The  criminal procedure law is amended by adding a new section
420.40 to read as follows:
§ 420.40 Deferral of a mandatory surcharge; financial hardship hearings.
1. Applicability.  The procedure specified in this section governs the
deferral of the obligation to pay all or part of a  mandatory  surcharge
imposed  pursuant  to  subdivision one of section 60.35 of the penal law
and financial hardship hearings relating to mandatory surcharges.
2. On an appearance date set forth in a  summons  issued  pursuant  to
subdivision  three  of  section 60.35 of the penal law, section eighteen
hundred nine of the vehicle and traffic law  or  section  27.12  of  the
parks,  recreation  and  historic preservation law, a person upon whom a
mandatory surcharge was levied shall have an opportunity to  present  on
the  record  credible  and  verifiable information establishing that the
mandatory surcharge should be deferred, in whole or  in  part,  because,
due  to the indigence of such person the payment of said surcharge would
work an unreasonable hardship on the person  or  his  or  her  immediate
family.
3.  In  assessing such information the superior court shall be mindful
of the mandatory nature of the surcharge,  and  the  important  criminal
justice and victim services sustained by such fees.
4. Where a court determines that it will defer part or all of a manda-
tory  surcharge  imposed pursuant to subdivision one of section 60.35 of
the penal law, a statement of such finding and of the facts  upon  which
it is based shall be made part of the record.
5.  A  court  which  defers  a  person's obligation to pay a mandatory
surcharge imposed pursuant to subdivision one of section  60.35  of  the
penal  law  shall  do so in a written order. Such order shall not excuse
the person from the obligation to pay the surcharge. Rather, the court's
order shall direct the filing of a certified copy of the order with  the
county  clerk  of  the county in which the court is situate except where
the court which issues such order is the supreme court in which case the
order itself shall be filed by the clerk of the court acting in  his  or
her  capacity  as  the  county clerk of the county in which the court is
situate. Such order shall be entered by the county  clerk  in  the  same
manner  as  a  judgment in a civil action in accordance with subdivision
(a) of rule five thousand sixteen of the civil practice law  and  rules.
The  order  shall  direct  that  any  unpaid  balance  of  the mandatory
surcharge may be collected in the same manner as a civil  judgment.  The
entered  order  shall be deemed to constitute a judgment-roll as defined
in section five thousand seventeen of the civil practice law  and  rules
and  immediately after entry of the order, the county clerk shall docket
the entered order as a money judgment pursuant to section five  thousand
eighteen of such law and rules.
§ 71. Section 60.35 of the penal law is amended by adding a new subdi-
vision 8 to read as follows:
8.  Subdivision  one  of  section 130.10 of the criminal procedure law
notwithstanding, at the time that the mandatory surcharge is  imposed  a
town  or  village court may, and all other courts shall, issue and cause
to be served upon the person required to pay the mandatory surcharge,  a
summons directing that such person appear before the court regarding the
payment  of the mandatory surcharge if after sixty days from the date it
was imposed it remains unpaid. The designated date of appearance on  the
summons shall be set for the first day court is in session falling after
the  sixtieth  day  from  the imposition of the mandatory surcharge. The
summons shall contain the information required  by  subdivision  two  of
section 130.10 of the criminal procedure law except that in substitution
for  the  requirement  of  paragraph (c) of such subdivision the summons
shall state that the person served must  appear  at  a  date,  time  and
specific  location specified in the summons if after sixty days from the
date of issuance the mandatory surcharge remains unpaid. The court shall
not issue a summons under this subdivision to  a  person  who  is  being
sentenced to a term of confinement in excess of sixty days in jail or in
the  department  of correctional services.  The mandatory surcharges for
those persons shall be governed by the provisions of  section  60.30  of
the penal law.
§  72. Subparagraph (v) of paragraph b of subdivision 2 of section 510
of the vehicle and traffic law, as added by chapter 533 of the  laws  of
1993, is amended to read as follows:
(v)  For  a  period of six months where the holder is convicted of, or
receives  a  youthful  offender  or  other  juvenile   adjudication   in
connection  with,  any  misdemeanor  or  felony  defined  in article two
hundred twenty or two hundred twenty-one of the penal law, any violation
of the federal controlled substances act,  any  crime  in  violation  of
subdivision four of section eleven hundred ninety-two of this chapter or
any  out-of-state or federal misdemeanor or felony drug-related offense;
provided, however, that any time actually served in custody pursuant  to
a  sentence  or  disposition  imposed  as a result of such conviction or
youthful offender or  other  juvenile  adjudication  shall  be  credited
against  the  period  of such suspension and, provided further, that the
court [may] shall determine that such suspension  need  not  be  imposed
where there are compelling circumstances warranting an exception.
§  73.  Sections  8 and 9 of chapter 533 of the laws of 1993, amending
the vehicle and traffic law and the correction law relating  to  suspen-
sion  and  revocation  of  driver's  licenses upon conviction of certain
drug-related offenses, section 9 as amended by chapter 286 of  the  laws
of 1994, are amended to read as follows:
§  8.  The division of criminal justice services, in consultation with
the department of motor vehicles, shall prepare a report  outlining  the
implementation  procedures  of  this  act,  including the method used to
obtain and record out-of-state offenses, as well as evaluating its over-
all effectiveness.  Such report shall be submitted to the governor,  the
temporary  president  of  the  senate and the speaker of the assembly no
later than May 15, [1994] 1996.
In addition, such report shall include, but not  be  limited  to,  the
following information:
(1)  the number of driver's licenses that have been suspended pursuant
to the provisions of this act, and, of those, the number which  involved
the  use  of a motor vehicle in violation of subdivision four of section
eleven hundred ninety-two of the vehicle and traffic law;
(2) the number of registrations that have been suspended  pursuant  to
the provisions of this act, and, of those, the number which involved the
use of a motor vehicle in violation of subdivision four of section elev-
en hundred ninety-two of the vehicle and traffic law;
(3) the number of restricted licenses that have been issued to persons
who  would  have otherwise had their driver's license suspended pursuant
to the provisions of this act;
(4) the number of persons, by county,  who  have  had  their  driver's
license suspended pursuant to the provisions of this act;
(5)  the number of persons, by county, who have had their registration
suspended pursuant to the provisions of this act;
(6) the number of persons who did not have a driver's license and were
convicted of drug offenses; [and]
(7) the number of persons  convicted  of  each  specific  drug-related
offense covered by this act;
(8)  the number of persons whose driver's licenses were not suspended,
as reported by the sentencing court, due  to  a  finding  of  compelling
circumstances, both statewide and by county;
(9)  a  summary  of  other  states' experiences, if any, regarding the
driver's license suspension requirements;
(10) the administrative impact of the implementation of the act; and
(11)  the  profile  characteristics  of  offenders  subject  to   this
sanction.
§  9. This act shall take effect September 30, 1993 and shall apply to
convictions based on offenses which occurred on or after such  date  and
shall  remain  in full force and effect until October 1,[1995] 1996 when
upon such date the provisions of this act shall be deemed  repealed  and
the provisions of law amended by this act shall revert to and be read as
if the provisions of this act had not been enacted.
§ 74. This act shall take effect immediately; provided, however, that:
a.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty-one through thirty-nine, forty-two, forty-three and forty-four of
this act shall take effect on October 1, 1995;
b. Section thirty of this act shall take effect on June 15, 1995;
c. Section forty-four-a of this act shall take effect on April 1, 1996
and shall be deemed repealed on November 1, 2003;
d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
thirty  through  thirty-nine,  forty-two,  forty-three and forty-four of
this act shall be deemed repealed on September 30, 2005;
e. Sections one-a through six, subdivision 6 of section 70.06  of  the
penal  law  as  added  by  section seven, sections eight through twenty,
twenty-four through twenty-eight, thirty-two, thirty-five through  thir-
ty-nine,  and  forty-two  through  forty-four of this act shall apply to
offenses committed on or after October 1, 1995, offenses committed prior
to such date shall be governed by the provisions of law in effect at the
time the offense was committed;
f.  Subdivision  7  of  section  70.06  of  the penal law, as added by
section 7, section twenty-six, thirty-one, thirty-three and  thirty-four
of  this  act  shall  apply  to sentences imposed on or after October 1,
1995;
g. Nothing contained in sections one through  forty-six  of  this  act
shall  be  deemed  to  affect the expiration, reversion or repeal of any
provision of law amended by any  such  section  of  this  act  and  such
provisions  shall  expire  or  revert  or be deemed repealed in the same
manner, to the same extent and on the same date as the case  may  be  as
otherwise provided by law;
h.  Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the
provisions of section 189 of the correction law, as amended  by  section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as  amended by section fifty-six of this act, and section fifty-seven of
this act shall expire September 1, 1997, when upon such date the  amend-
ments  to  the  correction law and penal law made by sections fifty-five
and fifty-six of this act  shall  revert  to  and  be  read  as  if  the
provisions of this act had not been enacted; provided, further, however,
that sections sixty-two, sixty-three and sixty-four of this act shall be
deemed  to have been in full force and effect on and after March 1, 1995
and shall be deemed repealed April  1,  1996  and  upon  such  date  the
provisions  of  subsection  (e) of section 9110 of the insurance law and
subdivision 2 of section 89-d of the state finance law shall  revert  to
and  be  read  as  set  out in law on the date immediately preceding the
effective date of sections sixty-two and sixty-three of this act;
i. Sections sixty-five through seventy-one  of  this  act  shall  take
effect  July 1, 1995 and shall only apply when the acts constituting the
offense for the conviction of which a mandatory surcharge may be imposed
occurred on or after such date; and
j. Sections seventy-two and seventy-three of this act shall be  deemed
to have been in full force and effect on and after April 1, 1995.

The Legislature of the STATE OF NEW YORK ss:
Pursuant  to  the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that  this  slip  copy  of  this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

Page last updated May 28, 2003