inmate  to  determine if continued placement in the program is appropri-
ate. No person convicted of any escape or absconding offense defined  in
article  two  hundred five of the penal law shall be eligible for tempo-
rary  release. Notwithstanding the foregoing, no person who is an other-
wise eligible inmate who is under sentence for a  crime  involving:  (a)
infliction  of  serious  physical  injury upon another as defined in the
penal law, (b) a sex offense involving forcible compulsion, or  (c)  any
other offense involving the use or threatened use of a deadly weapon may
participate  in a temporary release program without the written approval
of the  commissioner.  The  commissioner  shall  promulgate  regulations
giving  direction to the temporary release committee at each institution
in order to aid such committees in carrying out this mandate.
§ 14. Subdivision 1 of section 865 of the correction law,  as  amended
by chapter 264 of the laws of 2003, is amended to read as follows:
1. "Eligible inmate" means a person sentenced to an indeterminate term
of  imprisonment  who  will become eligible for release on parole within
three years or sentenced to a determinate term of imprisonment who  will
become  eligible for conditional release within three years, who has not
reached the age of forty years, [who will become eligible for release on
parole within three years,] who has not previously been convicted  of  a
felony  upon  which an indeterminate or determinate term of imprisonment
was imposed and who was between the ages of sixteen and forty  years  at
the  time  of  commission  of  the  crime  upon which his or her present
sentence was based except, however, an eligible inmate shall not include
a person sentenced to a determinate sentence of three and one-half years
or more as a second felony drug offender pursuant to  subdivision  three
of  section  70.70 of the penal law for a conviction of a class B felony
offense defined  in  article  two  hundred  twenty  of  the  penal  law.
Notwithstanding  the foregoing, no person who is convicted of any of the
following crimes  shall  be  deemed  eligible  to  participate  in  this
program:  (a)  a violent felony offense as defined in article seventy of
the penal law, (b) an A-I felony offense, (c) manslaughter in the second
degree,  vehicular  manslaughter  in  the   second   degree,   vehicular
manslaughter  in  the first degree, and criminally negligent homicide as
defined in article one hundred twenty-five of the penal law, (d) rape in
the second degree, rape in the third degree, criminal sexual act in  the
second degree, criminal sexual act in the third degree, attempted sexual
abuse  in  the  first  degree,  attempted  rape in the second degree and
attempted criminal sexual act in the second degree as defined  in  arti-
cles one hundred ten and one hundred thirty of the penal law and (e) any
escape  or  absconding offense as defined in article two hundred five of
the penal law.
§ 15. Subdivision 4 of section 867 of the correction law,  as  amended
by chapter 55 of the laws of 1992, is amended to read as follows:
4.  An  inmate  who  has  successfully completed a shock incarceration
program shall be eligible to receive such a certificate of earned eligi-
bility pursuant to section eight hundred five of this chapter.  Notwith-
standing  any  other provision of law, an inmate sentenced to a determi-
nate sentence of imprisonment who has  successfully  completed  a  shock
incarceration program shall be eligible to receive such a certificate of
earned eligibility and shall be immediately eligible to be conditionally
released.
§  16.  Subparagraph (ii) of paragraph (a) of subdivision 5 of section
220.10 of the criminal procedure law is REPEALED and subparagraph (i) of
paragraph (a) of such subdivision 5, as amended by chapter  410  of  the
laws of 1979, is amended to read as follows:
(i)  Where  the  indictment  charges one of the class [A-I] A felonies
defined in article two hundred twenty of the penal law or the attempt to
commit any such class [A-I] A felony, then any plea  of  guilty  entered
pursuant  to  subdivision  three or four of this section must be or must
include  at least a plea of guilty [of class A-II felony, except that an
eligible youth, as defined in subdivision two of section 720.10 of  this
chapter,  may  upon  consent of the district attorney, plea to a class B
felony for purposes of adjudication as a youthful offender] of a class B
felony.
§ 17. Subdivision 7 of section 220.50 of the criminal  procedure  law,
as  added  by  chapter  3  of  the  laws  of 1995, is amended 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  or determinate 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.
§  18. Section 400.21 of the criminal procedure law, as added by chap-
ter 277 of the laws of 1973 and subdivision 4 as amended by chapter 1051
of the laws of 1973, is amended to read as follows:
§ 400.21 Procedure for determining whether defendant is a second  felony
                offender or a second felony drug offender.
1.  Applicability. The provisions of this section govern the procedure
that must be followed in any case where it appears that a defendant  who
stands  convicted  of a felony has previously been convicted of a predi-
cate felony and may be a second felony offender as  defined  in  section
70.06  of  the  penal law or a second felony drug offender as defined in
either paragraph (b) of subdivision one of section 70.70  of  the  penal
law,  or  paragraph (b) of subdivision one of section 70.71 of the penal
law.
2. Statement to be filed. When information available to the  court  or
to  the  people  prior  to  sentencing  for  a felony indicates that the
defendant may have previously  been  subjected  to  a  predicate  felony
conviction,  a statement must be filed by the prosecutor before sentence
is imposed setting forth the date and place of  each  alleged  predicate
felony  conviction  and  whether  the  predicate felony conviction was a
violent felony as that term is defined in  subdivision  one  of  section
70.02 of the penal law, or in any other jurisdiction of an offense which
includes  all  of  the essential elements of any such felony for which a
sentence to a term of imprisonment in excess of one year  or  death  was
authorized  and  is  authorized in this state regardless of whether such
sentence was imposed.  Where the provisions of subparagraph (v) of para-
graph  (b)  of  subdivision one of section 70.06 of the penal law apply,
such statement also shall set forth the date  of  commencement  and  the
date  of  termination  as  well  as the [place of imprisonment] state or
local incarcerating agency for each period of incarceration to  be  used
for tolling of the ten year limitation set forth in subparagraph (iv) of
paragraph (b) of such subdivision.
3.  Preliminary  examination.    The defendant must be given a copy of
such statement and the court must ask him or her whether he or she wish-
es to controvert any allegation made therein. If the defendant wishes to
controvert any allegation in the statement, he must specify the  partic-
ular  allegation  or allegations he wishes to controvert. Uncontroverted
allegations in the statement shall be deemed to have  been  admitted  by
the defendant.
4.  Cases  where  further hearing is not required. Where the uncontro-
verted allegations in the statement are sufficient to support a  finding
that  the  defendant has been subjected to a predicate felony conviction
the court must enter such finding, including a finding that  the  predi-
cate  felony  conviction was of a violent felony as that term is defined
in subdivision one of section 70.02 of the penal law, or  in  any  other
jurisdiction  of an offense which includes all of the essential elements
of any such felony for which a sentence to a  term  of  imprisonment  in
excess  of  one  year  or death was authorized and is authorized in this
state regardless of whether such sentence was imposed, and when imposing
sentence must sentence the defendant in accordance with  the  applicable
provisions of section 70.06, 70.70 or 70.71 of the penal law.
5.  Cases  where  further  hearing  is required.   Where the defendant
controverts an allegation in the statement and the uncontroverted  alle-
gations  in  such statement are not sufficient to support a finding that
the defendant has been subjected to such a predicate  felony  conviction
the court must proceed to hold a hearing.
6. Time for hearing. In any case where a copy of the statement was not
received  by  the  defendant  at least two days prior to the preliminary
examination, the court must upon  request  of  the  defendant  grant  an
adjournment of at least two days before proceeding with the hearing.
7.  Manner  of  conducting  hearing.    (a) A hearing pursuant to this
section must be before the court without jury.  The burden of  proof  is
upon  the  people and a finding that the defendant has been subjected to
such a predicate felony conviction must be based  upon  proof  beyond  a
reasonable  doubt by evidence admissible under the rules applicable to a
trial of the issue of guilt.
(b) A previous conviction in this or any other jurisdiction which  was
obtained  in violation of the rights of the defendant under the applica-
ble provisions of the constitution of the  United  States  must  not  be
counted  in determining whether the defendant has been subjected to such
a predicate felony conviction.  The defendant may, at  any  time  during
the  course  of  the  hearing  hereunder  controvert  an allegation with
respect to such conviction in the statement  on  the  grounds  that  the
conviction  was  unconstitutionally obtained.   Failure to challenge the
previous conviction in the manner provided herein constitutes  a  waiver
on  the  part  of the defendant of any allegation of unconstitutionality
unless good cause be shown for such failure to make timely challenge.
(c) At the conclusion of the hearing the court must make a finding  as
to whether or not the defendant has been subjected to a predicate felony
conviction, including a finding as to whether or not the predicate felo-
ny  conviction was of a violent felony as that term is defined in subdi-
vision  one of section 70.02 of the penal law, or in any other jurisdic-
tion of an offense which includes all of the essential elements  of  any
such  felony for which a sentence to a term of imprisonment in excess of
one year or death was authorized and is authorized in this state regard-
less of whether such sentence was imposed.
8. Subsequent use of predicate felony conviction  finding.    Where  a
finding has been entered pursuant to this section, such finding shall be
binding  upon that defendant in any future proceeding in which the issue
may arise.
§ 19. Intentionally omitted.
§ 20. The penal law is amended by adding a new section 60.04  to  read
as follows:
§ 60.04 Authorized  disposition;  controlled  substances  and  marihuana
              felony offenses.
1. Applicability. Notwithstanding the  provisions  of  any  law,  this
section  shall govern the dispositions authorized when a person is to be
sentenced upon a conviction of a felony offense defined in  article  two
hundred  twenty  or  two  hundred  twenty-one  of this chapter or when a
person is to be sentenced upon a conviction of such a felony as a multi-
ple felony offender as defined in subdivision five of this section.
2. Class A felony. Every person convicted of a class A felony must  be
sentenced  to  imprisonment  in  accordance  with  section 70.71 of this
title, unless such person is convicted of a class  A-II  felony  and  is
sentenced to probation for life in accordance with section 65.00 of this
title.
3.  Class B felonies.  Every person convicted of a class B felony must
be  sentenced  to  imprisonment  in  accordance  with   the   applicable
provisions  of  section  70.70  of  this  title,  unless  such person is
convicted of a class B felony and is sentenced to probation  in  accord-
ance with section 65.00 of this title.
4.  Alternative  sentence.    Where  a  sentence  of imprisonment or a
sentence of probation as an alternative to imprisonment is not  required
to  be  imposed  pursuant  to  subdivision  two,  three  or five of this
section, the court may impose any other sentence authorized  by  section
60.01  of  this article, provided that when the court imposes a sentence
of imprisonment, such sentence must be in accordance with section  70.70
of  this  title.   Where the court imposes a sentence of imprisonment in
accordance with this section, the court may also impose a  fine  author-
ized by article eighty of this title and in such case the sentence shall
be both imprisonment and a fine.
5. Multiple felony offender. Where the court imposes a sentence upon a
second  felony drug offender, as defined in paragraph (b) of subdivision
one of section 70.70 of this title, it must sentence  such  offender  to
imprisonment  in  accordance  with  the applicable provisions of section
70.70 of this title.
6. Substance abuse treatment.  When the court imposes  a  sentence  of
imprisonment  which  requires  a  commitment  to the state department of
correctional services upon a person who stands convicted of a controlled
substance or marihuana offense,  the  court  may,  upon  motion  of  the
defendant  in  its discretion, issue an order directing that the depart-
ment of correctional services enroll the defendant in the  comprehensive
alcohol  and  substance  abuse  treatment  program  in  an  alcohol  and
substance abuse correctional annex as defined in subdivision eighteen of
section two of the correction law,  provided  that  the  defendant  will
satisfy  the  statutory  eligibility  criteria for participation in such
program.   Notwithstanding the foregoing provisions of this subdivision,
any defendant to be enrolled in such program pursuant to  this  subdivi-
sion  shall be governed by the same rules and regulations promulgated by
the department of correctional services,  including  without  limitation
those rules and regulations establishing requirements for completion and
those  rules  and  regulations governing discipline and removal from the
program.  No such period of court ordered corrections based  drug  abuse
treatment  pursuant  to  this  subdivision  shall  be required to extend
beyond the defendant's conditional release date.
§ 21. The opening paragraph and subdivision 1 of section 220.18 of the
penal law, as amended by chapter 75 of the laws of 1995, are amended  to
read as follows:
A person is guilty of criminal possession of a controlled substance in
the second degree when he or she knowingly and unlawfully possesses:
1.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of [two] four ounces or more; or
§ 22. The opening paragraph and subdivision 1 of section 220.21 of the
penal law, as amended by chapter 75 of the laws of 1995, are amended  to
read as follows:
A person is guilty of criminal possession of a controlled substance in
the first degree when he or she knowingly and unlawfully possesses:
1.  one  or  more  preparations,  compounds,  mixtures  or  substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of [four] eight ounces or more; or
§ 23. Notwithstanding any contrary provision of law, any person in the
custody of the department of correctional services convicted of a  class
A-I  felony  offense  defined  in article 220 of the penal law which was
committed prior to the effective date of  this  section,  and  sentenced
thereon  to  an indeterminate term of imprisonment with a minimum period
not less than fifteen years pursuant to provisions of the law in  effect
prior  to  the  effective  date of this section, may, upon notice to the
appropriate district attorney, apply to  be  resentenced  in  accordance
with  section  70.71  of  the  penal  law in the court which imposed the
original sentence.  Such application shall be referred for determination
to the judge or justice who imposed  the  original  sentence  upon  such
person.  If at the time of the application the original sentencing judge
or  justice  is a judge or justice of a court of competent jurisdiction,
but such court is not the court  in  which  the  original  sentence  was
imposed,  then  the  application  shall  be randomly assigned to another
judge or justice of  the  court  in  which  the  original  sentence  was
imposed,  provided  that  the  district attorney and applicant may agree
that the application be referred to the original  sentencing  judge.  If
the original sentencing judge is no longer a judge or justice of a court
of  competent  jurisdiction,  then  the  application  shall  be randomly
assigned to another judge or justice of the court.  If the court  deter-
mines  that  such  person  does  not stand convicted of such a class A-I
felony offense, it shall issue an order denying the application.  If the
court determines that such person does stand convicted of such  a  class
A-I  felony offense, it may consider any facts or circumstances relevant
to the imposition of a new sentence which are submitted by  such  person
or the people and may, in addition, consider the institutional record of
confinement  of  such  person,  but  shall  not order a new pre-sentence
investigation and report or entertain any matter challenging the  under-
lying basis of the subject conviction. The court shall offer an opportu-
nity for a hearing and bring the applicant before it. The court may also
conduct a hearing, if necessary, to determine whether such person quali-
fies  to  be  resentenced or to determine any controverted issue of fact
relevant to the issue of sentencing. Upon its review of the  submissions
and  the  findings  of fact made in connection with the application, the
court shall, unless substantial justice dictates  that  the  application
should  be denied, in which event the court shall issue an order denying
the application, specify and inform such person of the term of a  deter-
minate sentence of imprisonment it would impose upon such conviction, as
authorized  for  a  class  A-I  felony by and in accordance with section
70.71 of the penal law, in the event of a resentence and shall enter  an
order to that effect.  The court shall notify the person that, unless he
or  she  withdraws the application or appeals from such order, the court
will enter an order vacating the sentence originally imposed and  impos-
ing a determinate sentence of imprisonment authorized to be imposed upon
such  conviction  by  section  70.71 of the penal law; provided that the
term thereof shall be the same as the court previously specified.    Any
order  issued  by  a court pursuant to this section must include written
findings of fact and the reasons for such order.  An appeal may be taken
as of right in accordance with applicable  provisions  of  the  criminal
procedure law: (a) from an order denying resentencing; or (b) from a new
sentence  imposed  under  this provision and may be based on the grounds
that (i) the term of the new sentence is harsh  or  excessive;  or  (ii)
that  the  term  of the new sentence is unauthorized as a matter of law.
An appeal in accordance with the applicable provisions of  the  criminal
procedure  law  may  also  be taken as of right by the defendant from an
order specifying and informing such person of the term of  the  determi-
nate  sentence  the  court  would impose upon resentencing on the ground
that the term of the proposed  sentence  is  harsh  or  excessive;  upon
remand to the sentencing court following such appeal the defendant shall
be  given  an  opportunity  to  withdraw an application for resentencing
before any resentence is imposed.  Subdivision  1  of  section  717  and
subdivision  4  of  section  722  of  the  county  law  and  the related
provisions of article 18-A of such law shall apply to the preparation of
and proceedings on applications pursuant to this section.  In  calculat-
ing  the term of imprisonment to be served by the person pursuant to the
determinate sentence imposed, such person shall be credited for any jail
time credited towards the subject conviction as well as  any  period  of
incarceration credited toward the sentence originally imposed.
§ 24. The section heading and subdivisions 1, 2, 3, 4 and 5 of section
60.05  of the penal law, the section heading and subdivisions 3 and 5 as
amended by chapter 410 of the laws of 1979, subdivision 1 as amended  by
chapter  233  of the laws of 1980, subdivision 2 as amended by chapter 1
of the laws of 1995 and subdivision 4 as amended by chapter 711  of  the
laws of 1981, are amended to read as follows:
Authorized  dispositions;  other  class A, B, certain C and D felonies
and multiple felony offenders.
1. Applicability. [This] Except as provided in section 60.04  of  this
article  governing  the  authorized  dispositions  applicable  to felony
offenses defined in article two hundred twenty or two hundred twenty-one
of this chapter, this section shall govern the  dispositions  authorized
when  a person is to be sentenced upon a conviction of a class A felony,
a class B felony or a class C, class D or class E felony specified here-
in, or when a person is to be sentenced upon a conviction of a felony as
a multiple felony offender.
2.  Class  A felony. Except as provided in subdivisions three and four
of section 70.06 of this chapter, every person convicted of  a  class  A
felony  must  be  sentenced  to  imprisonment in accordance with section
70.00 of this title, unless such person is convicted of [either]  murder
in  the  first  degree and is sentenced in accordance with section 60.06
[or of a class A-II felony and is sentenced to probation  in  accordance
with section 65.00] of this article.
3.  Class  B  felony.  Except  as  provided in subdivision six of this
section, every person convicted of a class B violent felony  offense  as
defined  in  subdivision  one  of  section  70.02 of this title, must be
sentenced to imprisonment in accordance with such  section  70.02;  and,
except  as  provided  in  subdivision  six of this section, every person
convicted of any other class B felony must be sentenced to  imprisonment
in  accordance with section 70.00[, unless such person is convicted of a
class B felony defined in article two hundred twenty and is sentenced to
a period of probation for life in accordance with section 65.00] of this
title.
4. Certain class C felonies. Except as provided  in  subdivision  six,
every person convicted of a class C violent felony offense as defined in
subdivision  one  of  section  70.02 of this title, must be sentenced to
imprisonment in accordance with section 70.02 of this title; and, except
as provided in subdivision six of this section, every  person  convicted
of  the  class C felonies of: attempt to commit any of the class B felo-
nies of bribery in the first degree as defined in section 200.04,  bribe
receiving  in  the first degree as defined in section 200.12, conspiracy
in the second degree as defined in section 105.15 and criminal  mischief
in  the first degree as defined in section 145.12; criminal usury in the
first degree as defined in section 190.42, rewarding official misconduct
in the first degree as defined in section 200.22, receiving  reward  for
official  misconduct  in  the first degree as defined in section 200.27,
[criminal possession of a controlled substance in the fourth  degree  as
defined in subdivision one, two, three, four, five, six, seven, eight or
nine  of  section  220.09, or criminal sale of a controlled substance in
the fourth degree as defined  in  subdivision  one  or  two  of  section
220.34,]  attempt to promote prostitution in the first degree as defined
in section 230.32,  promoting  prostitution  in  the  second  degree  as
defined  in  section  230.30,  arson  in  the third degree as defined in
section 150.10 of this chapter, must be  sentenced  to  imprisonment  in
accordance with section 70.00 of this title.
5.  Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of [attempt
to commit assault in the first degree as defined in section 120.10,  or]
assault  in the second degree as defined in section 120.05[,] or attempt
to commit a class C felony as defined in section 230.30 of this chapter,
must be sentenced in accordance with section  70.00  or  85.00  of  this
title.
§  25.  The  opening  paragraph  of  paragraph (a) of subdivision 1 of
section 65.00 of the penal law, as amended by chapter 471 of the laws of
1980, is amended to read as follows:
Except as otherwise required by section 60.04 or 60.05 of this  title,
and except as provided by paragraph (b) hereof, the court may sentence a
person  to  a  period  of  probation upon conviction of any crime if the
court, having regard to the nature and circumstances of the crime and to
the history, character and condition of the defendant, is of the opinion
that:
§  26.  Subparagraph (ii) of paragraph (a) of subdivision 3 of section
65.00 of the penal law, as amended by chapter 264 of the laws  of  2003,
is amended to read as follows:
(ii)  For a class A-II felony controlled substance offender as defined
in paragraph (a) of subdivision one of section 70.71 of this chapter  or
a  class  B  second  felony [defined in article two hundred twenty] drug
offender as defined in paragraph (b) of subdivision one of section 70.70
of this chapter, the period of probation shall be life, and for a  class
B felony drug offender as defined in paragraph (a) of subdivision one of
section  70.70 of this chapter, the period of probation shall be twenty-
five years;
§ 27. Intentionally omitted.
§ 28. Subdivisions 1, 2, 3 and 4 of section 70.00 of  the  penal  law,
subdivision  1 as amended by chapter 3 of the laws of 1995, subdivisions
2 and 3 as amended by chapter 276 of the laws of 1973, paragraph (b)  of
subdivision  2  as  amended by chapter 280 of the laws of 1986, subpara-
graph (i) of paragraph (a) of subdivision 3 as amended by chapter 459 of
the laws of 2004, subparagraph (ii) of paragraph (a) of subdivision 3 as
amended by chapter 410 of the laws of 1979, paragraph (b) of subdivision
3 and subdivision 4 as amended by chapter 1 of the  laws  of  1998,  are
amended to read as follows:
1.  Indeterminate  sentence.  Except as provided in subdivisions four,
five and six of this section, a sentence of imprisonment for  a  felony,
other than a felony defined in article two hundred twenty or two hundred
twenty-one  of  this  chapter,  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.  Maximum  term  of  sentence.  The maximum term of an indeterminate
sentence shall be at least three years and the term shall  be  fixed  as
follows:
(a) For a class A felony, the term shall be life imprisonment;
(b)  For  a  class B felony, the term shall be fixed by the court, and
shall not exceed twenty-five years; [provided, however, that  where  the
sentence is for a class B felony offense specified in subdivision two of
section 220.44, the maximum term must be at least six years and must not
exceed twenty-five years;]
(c)  For  a  class C felony, the term shall be fixed by the court, and
shall not exceed fifteen years;
(d) For a class D felony, the term shall be fixed by  the  court,  and
shall not exceed seven years; and
(e)  For  a  class E felony, the term shall be fixed by the court, and
shall not exceed four years.
3. Minimum period of imprisonment. The minimum period of  imprisonment
under  an indeterminate sentence shall be at least one year and shall be
fixed as follows:
(a) In the case of a class A felony, the minimum period shall be fixed
by the court and specified in the sentence.
(i) For a class A-I felony, such minimum period shall not be less than
fifteen years nor more than twenty-five years; provided,  however,  that
(A)  where  a sentence, other than a sentence of death or life imprison-
ment without parole, is imposed upon a defendant convicted of murder  in
the first degree as defined in section 125.27 of this chapter such mini-
mum period shall be not less than twenty years nor more than twenty-five
years,  and,  (B) where a sentence is imposed upon a defendant convicted
of murder in the second degree as defined in subdivision five of section
125.25  of  this chapter the sentence shall be life imprisonment without
parole.
(ii) For a class A-II felony, such minimum period shall  not  be  less
than three years nor more than eight years four months.
(b)  [Where  the sentence is for a class B felony offense specified 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] For a class B
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.
4.    Alternative definite sentence for class D[,] and E[, and certain
class C] felonies.  When a person, other than  a  second  or  persistent
felony  offender, is sentenced for a class D or class E felony, [or to a
class C felony specified in article two hundred twenty  or  article  two
hundred  twenty-one,]  and  the  court,  having regard to the nature and
circumstances of the crime and to  the  history  and  character  of  the
defendant,  is  of the opinion that a sentence of imprisonment is neces-
sary but that it would be unduly harsh to  impose  an  indeterminate  or
determinate sentence, the court may impose a definite sentence of impri-
sonment and fix a term of one year or less.
§  29.  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 of this section, a sentence of imprisonment  for  a  felony,  other
than a felony defined in article two hundred twenty or two hundred twen-
ty-one  of this chapter, 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.
§  30.  1.  Notwithstanding  any contrary provision of law, any person
convicted of a felony defined in article 220 or 221 of  the  penal  law,
other  than  a  class  A-I  felony offense defined in article 220 of the
penal law, which was committed prior  to  the  effective  date  of  this
section,  and sentenced thereon to an indeterminate term of imprisonment
pursuant to provisions of the law in effect prior to the effective  date
of  this section and who meets the eligibility requirements of paragraph
(d) of subdivision 1 of section 803 of the correction law as it  existed
on  the  effective date of this section, may receive an additional merit
time allowance not to exceed one-sixth of the  minimum  term  or  period
imposed  by  the  court  provided  the inmate either:   (i) successfully
participates or has participated in two or  more  of  the  four  program
objectives set forth in paragraph (d) of subdivision 1 of section 803 of
the  correction  law,  or  (ii)  successfully participates in one of the
program objectives set forth  in  paragraph  (d)  of  subdivision  1  of
section  803 of the correction law and successfully maintains employment
while in a work release program for a period  of  not  less  than  three
months.
2.    Such  allowance  shall  be withheld for any serious disciplinary
infraction or upon a judicial determination that the  person,  while  an
inmate,  commenced or continued a civil action, proceeding or claim that
was found to be frivolous as  defined  in  subdivision  (c)  of  section
8303-a  of  the  civil  practice law and rules, or an order of a federal
court pursuant to Rule 11 of the federal rules of civil procedure impos-
ing sanctions in an action commenced  by  a  person,  while  an  inmate,
against a state agency, officer or employee.
§ 31. Subdivision 5 of section 70.06 of the penal law is REPEALED.
§  32.  Subdivision  7  of section 70.06 of the penal law, as added by
chapter 3 of the laws of 1995, is amended to read as follows:
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 imprisonmentunder  the
jurisdiction  of  or awaiting delivery to the department of correctional
services, 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.
§ 33. Subdivision 2-a of section 70.25 of the penal law, as amended by
chapter 3 of the laws of 1995, is 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, subdivision
three or four of section 70.70 or subdivision three or four  of  section
70.71  of  this  article,  and such person is subject to an undischarged
indeterminate or determinate sentence of imprisonment imposed  prior  to
the date on which the present crime was committed, the court must impose
a  sentence  to  run  consecutively  with  respect  to such undischarged
sentence.
§ 34. Subdivision 2-a of section 70.25 of the penal law, as  added  by
chapter 481 of the laws of 1978, is 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, subdivision
three or four of section 70.70 or subdivision three or four  of  section
70.71  of  this  article,  and such person is subject to an undischarged
indeterminate sentence of imprisonment imposed  prior  to  the  date  on
which  the present crime was committed, the court must impose a sentence
to run consecutively with respect to such undischarged sentence.
§ 35. Subdivision 2 of section 70.45 of the penal  law,  as  added  by
chapter 1 of the laws of 1998, is amended to read as follows:
2.  Period  of  post-release  supervision.  The period of post-release
supervision for a determinate sentence shall be five years[, except that
such period shall be three years  whenever  a  determinate  sentence  of
imprisonment is imposed pursuant to section 70.02 of this article upon a
conviction  for  a  class D or class E violent felony offense; provided,
however, that when a determinate sentence is imposed pursuant to section
70.02 of this article, the court, at the time of sentence, may specify a
shorter period of post-release supervision of  not  less  than  two  and
one-half years upon a conviction for a class B or class C violent felony
offense  and  a  shorter  period of post-release supervision of not less
than one and one-half years upon a conviction for a class D or  class  E
violent felony offense.] except that:
(a)  such  period shall be one year whenever a determinate sentence of
imprisonment is imposed pursuant to subdivision two of section 70.70  of
this article upon a conviction of a class D or class E felony offense;
(b)  such  period  shall  be  not less than one year nor more than two
years whenever a determinate sentence of imprisonment is imposed  pursu-
ant  to  subdivision  two  of  section  70.70  of  this  article  upon a
conviction of a class B or class C felony offense;
(c)  such  period  shall  be  not less than one year nor more than two
years whenever a determinate sentence of imprisonment is imposed  pursu-
ant  to  subdivision three or four of section 70.70 of this article upon
conviction of a class D or class E felony offense;
(d) such period shall be not less than one and one-half years nor more
than three years whenever a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three or four of section 70.70 of this
article upon conviction of a class B felony or class C felony offense;
(e) such period shall be not less than one and one-half years nor more
than three years whenever a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three of section 70.02 of this article
upon a conviction of a class D or class E violent felony offense;
(f) such period shall be not less than two and one-half years nor more
than five years whenever  a  determinate  sentence  of  imprisonment  is
imposed  pursuant  to subdivision three of section 70.02 of this article
upon a conviction of a class B or class C violent felony offense.
§ 36. The penal law is amended by adding two new  sections  70.70  and
70.71 to read as follows:
§ 70.70 Sentence  of  imprisonment for felony drug offender other than a
             class A felony.
1. For the purposes of this section, the following terms shall mean:
(a) "Felony drug offender" means a defendant who stands  convicted  of
any  felony,  defined in article two hundred twenty or two hundred twen-
ty-one of this chapter other than a class A felony.
(b) "Second felony drug offender" means a second  felony  offender  as
that  term  is defined in subdivision one of section 70.06 of this arti-
cle, who stands convicted of any felony, defined in article two  hundred
twenty  or  two  hundred twenty-one of this chapter other than a class A
felony.
(c) "Violent felony" shall have the  same  meaning  as  that  term  is
defined in subdivision one of section 70.02 of this article.
  2.  Except as provided in subdivision three or four of this section, a
sentence of imprisonment for a felony drug offender shall be a  determi-
nate sentence as provided in paragraph (a) of this subdivision.
(a)  Term of determinate sentence. Except as provided in paragraph (b)
or (c) of this subdivision, the court shall impose a determinate term of
imprisonment upon a felony drug offender which shall be imposed  by  the
court  in  whole  or half years, which shall include as a part thereof a
period of post-release supervision in accordance with section  70.45  of
this article.  The terms of imprisonment authorized for such determinate
sentences are as follows:
(i)  for  a  class  B  felony, the term shall be at least one year and
shall not exceed nine years, except that for the class B felony of crim-
inal sale of a controlled substance in or near school grounds as defined
in subdivision two of section 220.44 of this chapter, the term shall  be
at least two years and shall not exceed nine years;
(ii)  for  a  class  C felony, the term shall be at least one year and
shall not exceed five and one-half years;
(iii) for a class D felony, the term shall be at least  one  year  and
shall not exceed two and one-half years; and
(iv)  for  a  class  E felony, the term shall be at least one year and
shall not exceed one and one-half years.
(b) Probation. Notwithstanding any other provision of law,  the  court
may  sentence  a  defendant  convicted of a class B, class C, class D or
class E felony offense defined in article  two  hundred  twenty  or  two
hundred  twenty-one  of this chapter to probation in accordance with the
provisions of section 65.00 of this chapter.
(c)  Alternative  definite  sentence for class C, class D, and class E
felonies. If the court, having regard to the nature and circumstances of
the crime and to the history and character of the defendant, is  of  the
opinion  that  a sentence of imprisonment is necessary but that it would
be unduly harsh to impose a determinate sentence upon a person convicted
of a class C, class D or class E felony offense defined in  article  two
hundred  twenty or two hundred twenty-one of this chapter, the court may
impose a definite sentence of imprisonment and fix a term of one year or
less.
3. Sentence of imprisonment for second felony drug offender.
(a) Applicability.  This subdivision shall apply to  a  second  felony
drug offender whose prior felony conviction was not a violent felony.
(b) Authorized sentence. Except as provided in paragraph (c) or (d) of
this subdivision, when the court has found pursuant to the provisions of
section  400.21  of  the  criminal  procedure  law that a defendant is a
second felony drug offender who stands convicted of a class B, class  C,
class  D or class E felony offense defined in article two hundred twenty
or two hundred twenty-one of this  chapter  the  court  shall  impose  a
determinate  sentence  of  imprisonment. Such determinate sentence shall
include as a part  thereof  a  period  of  post-release  supervision  in
accordance with section 70.45 of this article.  The terms of such deter-
minate  sentence shall be imposed by the court in whole or half years as
follows:
(i) for a class B felony, the term shall be at least  three  and  one-
half years and shall not exceed twelve years;
(ii)  for  a  class C felony, the term shall be at least two years and
shall not exceed eight years;
(iii) for a class D felony, the term shall be at least  one  and  one-
half years and shall not exceed four years; and
(iv) for a class E felony, the term shall be at least one and one-half
years and shall not exceed two years.
(c)  Lifetime  probation.  Notwithstanding any other provision of law,
the court may sentence a defendant convicted of a class B felony defined
in article two hundred twenty of this chapter to lifetime  probation  in
accordance with the provisions of section 65.00 of this chapter.
(d)  Sentence of parole supervision. 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 under the
jurisdiction  of  or awaiting delivery to the department of correctional
services, the court may  direct  that  a  determinate  sentence  imposed
pursuant  to  this subdivision shall 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.
4. Sentence of imprisonment for second felony drug offender previously
convicted of a violent felony.
(a)  Applicability.    This subdivision shall apply to a second felony
drug offender whose prior felony conviction was a violent felony.
(b) Authorized sentence. When the court  has  found  pursuant  to  the
provisions  of  section  400.21  of  the  criminal  procedure law that a
defendant is a second felony drug offender whose prior felony conviction
was a violent felony, who stands convicted of a class B, class C,  class
D or class E felony offense defined in article two hundred twenty or two
hundred twenty-one of this chapter, the court shall impose a determinate
sentence  of  imprisonment. Such determinate sentence shall include as a
part thereof a period of post-release  supervision  in  accordance  with
section  70.45  of this article.  The terms of such determinate sentence
shall be imposed by the court in whole or half years as follows:
(i) for a class B felony, the term shall be at  least  six  years  and
shall not exceed fifteen years;
(ii)  for  a class C felony, the term shall be at least three and one-
half years and shall not exceed nine years;
(iii) for a class D felony, the term shall be at least  two  and  one-
half years and shall not exceed four and one-half years; and
(iv)  for  a  class E felony, the term shall be at least two years and
shall not exceed two and one-half years.
§ 70.71 Sentence of imprisonment for a class A felony drug offender.
1. For the purposes of this section, the following terms shall mean:
(a) "Felony drug offender" means a defendant who stands  convicted  of
any  class  A  felony  as  defined in article two hundred twenty of this
chapter.
(b) "Second felony drug offender" means a second  felony  offender  as
that  term  is defined in subdivision one of section 70.06 of this arti-
cle, who stands convicted of and is to be  sentenced  for  any  class  A
felony as defined in article two hundred twenty of this chapter.
(c)  "Violent felony offense" shall have the same meaning as that term
is defined in subdivision one of section 70.02 of this article.
2. Sentence of imprisonment for a first felony drug offender.
(a) Applicability. Except as provided in subdivision three or four  of
this  section,  this  subdivision shall apply to a person convicted of a
class A felony as defined in article two hundred twenty of this chapter.
(b) Authorized sentence. The court shall impose a determinate term  of
imprisonment  which shall be imposed by the court in whole or half years
and which shall include as a  part  thereof  a  period  of  post-release
supervision in accordance with section 70.45 of this article.  The terms
authorized for such determinate sentences are as follows:
(i) for a class A-I felony, the term shall be at least eight years and
shall not exceed twenty years;
(ii)  for  a class A-II felony, the term shall be at least three years
and shall not exceed ten years.
(c) Lifetime probation. Notwithstanding any other  provision  of  law,
the  court  may  sentence  a  defendant convicted of a class A-II felony
defined in article two  hundred  twenty  of  this  chapter  to  lifetime
probation  in  accordance  with  the provisions of section 65.00 of this
chapter.
3. Sentence of imprisonment for a second felony drug offender.
(a) Applicability.  This subdivision shall apply to  a  second  felony
drug  offender  whose  prior  felony  conviction  or convictions did not
include one or more violent felony offenses.
(b) Authorized sentence. When the court  has  found  pursuant  to  the
provisions  of  section  400.21  of  the  criminal  procedure law that a
defendant is a second felony drug offender who  stands  convicted  of  a
class  A  felony as defined in article two hundred twenty or two hundred
twenty-one of  this  chapter,  the  court  shall  impose  a  determinate
sentence  of  imprisonment. Such determinate sentence shall include as a
part thereof a period of post-release  supervision  in  accordance  with
section  70.45  of  this  article.    Such determinate sentence shall be
imposed by the court in whole or half years as follows:
(i)  for  a  class A-I felony, the term shall be at least twelve years
and shall not exceed twenty-four years;
(ii) for a class A-II felony, the term shall be at least six years and
shall not exceed fourteen years.
(c) Lifetime probation. Notwithstanding any other  provision  of  law,
the  court  may  sentence  a  defendant convicted of a class A-II felony
defined in article two  hundred  twenty  of  this  chapter  to  lifetime
probation  in  accordance  with  the provisions of section 65.00 of this
chapter.
4. Sentence of imprisonment for a second felony drug  offender  previ-
ously convicted of a violent felony offense.
(a)  Applicability.    This subdivision shall apply to a second felony
drug offender whose prior felony conviction was a violent felony.
(b) Authorized sentence. When the court  has  found  pursuant  to  the
provisions  of  section  400.21  of  the  criminal  procedure law that a
defendant is a second felony drug offender whose prior felony conviction
was a violent felony, who stands  convicted  of  a  class  A  felony  as
defined  in article two hundred twenty or two hundred twenty-one of this
chapter, the court shall impose a determinate sentence of  imprisonment.
Such  determinate  sentence  shall include as a part thereof a period of
post-release supervision in accordance with section 70.45 of this  arti-
cle.    Such determinate sentence shall be imposed by the court in whole
or half years as follows:
(i) for a class A-I felony, the term shall be at least  fifteen  years
and shall not exceed thirty years;
(ii)  for  a class A-II felony, the term shall be at least eight years
and shall not exceed seventeen years.
§ 37.  Section 259-j of the executive law is amended by adding  a  new
subdivision 3-a to read as follows:
3-a.   The division of parole must grant termination of sentence after
three years of unrevoked parole to a  person  serving  an  indeterminate
sentence  for  a  class  A felony offense defined in article two hundred
twenty of the penal law, and must grant termination  of  sentence  after
two  years  of  unrevoked  parole  to  a person serving an indeterminate
sentence for any other felony offense defined  in  article  two  hundred
twenty or two hundred twenty-one of the penal law.
§ 38.  Section 259-j of the executive law, as amended by section 11 of
part F of chapter 62 of the laws of 2003, is amended to read as follows:
§ 259-j. Discharge  from  parole  and conditional release.   1. Except
where a determinate sentence  is imposed for a violent felony offense as
defined in section 70.02 of the penal law, or a sentence with a  maximum
term  of  life imprisonment was imposed for a felony other than a felony
defined in article two hundred twenty of the penal law, 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 maximum 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, sex offender registration fee or DNA  databank  fee
previously imposed by a court of competent jurisdiction, has made a good
faith effort to comply therewith.
2.    The  division of parole must grant termination of sentence after
three years of unrevoked parole to a  person  serving  an  indeterminate
sentence  for  a  class  A felony offense defined in article two hundred
twenty of the penal law, and must grant termination  of  sentence  after
two  years  of  unrevoked  parole  to  a person serving an indeterminate
sentence for any other felony offense defined  in  article  two  hundred
twenty or two hundred twenty-one of the penal law.
§ 39. Subdivision 1 of section 508 of the executive law, as amended by
chapter  303 of the laws of 1981 and such section as renumbered by chap-
ter 465 of the laws of 1992, is amended to read as follows:
1. The [division for youth] office of  children  and  family  services
shall  maintain  secure facilities for the care and confinement of juve-
nile offenders committed for an indeterminate, determinate  or  definite
sentence  pursuant  to  the sentencing provisions of the penal law. Such
facilities shall provide  appropriate  services  to  juvenile  offenders
including  but  not  limited  to residential care, educational and voca-
tional training, physical and mental  health  services,  and  employment
counseling.
§  40.  Severability.    If any section, part or provision of this act
shall be declared unconstitutional or  invalid  or  ineffective  by  any
court  of  competent  jurisdiction, such declaration shall be limited to
the section, part or provision directly involved in the  controversy  in
which  such declaration was made and shall not affect any other section,
part or provision thereof.
§ 41. This act shall take effect immediately, provided that:
(a) the amendments to subdivision 18 of section 2  of  the  correction
law, made by section one of this act, shall be subject to the expiration
and reversion of such subdivision pursuant to subdivision (c) of section
46 of chapter 60 of the laws of 1994, as amended, and subdivision (q) of
section  427  of  chapter  55 of the laws of 1992, as amended, when upon
such date the provisions of section two of this act shall take effect;
(b) the amendments to section  851  of  the  correction  law  made  by
section  three  of  this  act  shall  not  affect the expiration of such
section pursuant to section 10 of chapter 339 of the laws  of  1972,  as
amended, and shall be deemed to expire therewith;
(c) section five of this act shall take effect on the same date as the
reversion  of  subdivision  (a)  of section 601 of the correction law as
provided in subdivision d of section 74 of chapter  3  of  the  laws  of
1995,  as  amended  when upon such date the provisions of section six of
this act shall take effect;
(c-1) the provisions of sections seven, eight, nine, ten and ten-a  of
this  act,  and subdivision 2-a of section 803 of the correction law, as
added by section eleven of this act shall apply to  persons  in  custody
serving  an  indeterminate  sentence  on  the  effective  date  of  such
provisions as well as to persons sentenced to an indeterminate  sentence
on  and after the effective date of such provisions and prior to Septem-
ber 1, 2005 and to persons sentenced to a determinate sentence prior  to
September  1,  2011 for a felony as defined in article 220 or 221 of the
penal law;
(d) sections seven and nine of this act  shall  only  take  effect  if
paragraph (d) of subdivision 1 and subdivision 2-a of section 803 of the
correction  law,  as  added by chapter 435 of the laws of 1997, have not
been repealed prior to the effective date of this act; however  if  such
provisions  of  section  803 of the correction law are repealed prior to
the effective date of this act, only then shall sections eight  and  ten
of  this act take effect; provided, further, that upon the expiration of
section 803 of the correction law, pursuant to subdivision d of  section
74 of chapter 3 of the laws of 1995, sections seven, eight, nine and ten
of  this  act  shall  be repealed, when upon such date the provisions of
sections ten-a and eleven of this act shall take effect;
(d-1) the provisions of sections, twelve, fourteen, fifteen, eighteen,
twenty, twenty-four, twenty-five, twenty-nine, thirty-three, thirty-five
and thirty-six of this act shall take effect on the thirtieth day  after
it  shall  have become a law, and such provisions, with the exception of
subdivision 6 of section 60.04 of the penal  law  as  added  by  section
twenty  of  this  act,  shall  apply to crimes committed on or after the
effective date thereof;
(e) the amendments to  the  opening  paragraph  of  subdivision  2  of
section  851  of  the  correction law made by section twelve of this act
shall not affect the expiration of such paragraph pursuant to chapter 60
of the laws of 1994, as amended and shall be deemed to expire therewith,
when upon such date section thirteen of  this  act  shall  take  effect;
provided  that  the amendments to the opening paragraph of subdivision 2
of section 851 of the correction law made by section  thirteen  of  this
act  shall not affect the expiration of such paragraph pursuant to chap-
ter 339 of the laws of 1972, as amended, and shall be deemed  to  expire
therewith;
(e-1)  the  provisions  of  sections sixteen, seventeen, twenty-three,
twenty-six, thirty and thirty-one of this act shall take effect  on  the
thirteenth day after it shall have become a law;
(f)  the amendments to subdivision 7 of section 220.50 of the criminal
procedure law, made by section seventeen of this act  shall  not  affect
the  expiration  and repeal of such subdivision pursuant to chapter 3 of
the laws of 1995, as amended, and shall expire and  be  deemed  repealed
therewith;
(g)  the amendments to subdivision 1 of section 70.00 of the penal law
made by section twenty-eight of this act shall be subject to the expira-
tion and reversion of such subdivision  pursuant  to  subdivision  d  of
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of  section  twenty-nine  of  this  act  shall  take
effect;
(h)  the amendments to subdivision 7 of section 70.06 of the penal law
made by section thirty-two of this act shall not affect  the  expiration
and  repeal  of  such  subdivision  pursuant to chapter 3 of the laws of
1995, as amended, and shall expire and be deemed repealed therewith;
(i) the amendments to subdivision 2-a of section 70.25  of  the  penal
law  made  by  section  thirty-three of this act shall be subject to the
expiration and reversion of such subdivision pursuant to  subdivision  d
of  section  74  of chapter 3 of the laws of 1995, as amended, when upon
such date the provisions of section thirty-four of this act  shall  take
effect;
(i-1) section thirty-seven of this act shall take effect on the sixti-
eth day after it shall have become a law; and
(j)  the  amendments  to  section  259-j of the executive law, made by
section thirty-seven of this act shall not affect the expiration of such
section pursuant to chapter 3 of the laws of 1995, as amended, and shall
expire therewith, when upon such date the provisions of section  thirty-
eight shall take effect.

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