NY State Senate Bill 2015-S5168

Senate Bill S5168

2015-2016 Legislative Session

Relates to sentencing; repeals section 410.91 of the criminal procedure law relating to parole sentencing

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
May 06, 2015	referred to codes

2015-S5168 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd Pen L, generally; rpld §410.91, amd §§220.10 & 220.30, CP L
Versions Introduced in 2013-2014 Legislative Session:: S5108

2015-S5168 (ACTIVE) - Summary

Relates to sentencing; repeals certain provisions of the criminal procedure law relating to parole sentencing.

2015-S5168 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5168

TITLE OF BILL:  An act to amend the penal law and the criminal
procedure law, in relation to sentencing; and to repeal certain
provisions of the criminal procedure law relating thereto

This measure is being introduced at the request of the Judiciary upon
the recommendation of the New York State Permanent Commission on
Sentencing {1}.

This measure would amend provisions of the Penal Law and the Criminal
Procedure Law to simplify the State's increasingly complex sentencing
laws and to rectify anomalies in those laws. In so doing, this measure
incorporates recommendations of the Temporary State Commission on
Sentencing Reform in its January 2009 report. It is not, however, a
measure that is designed to effectuate substantive or comprehensive
sentencing reform. While our Commission believes that such reform
would be desirable and hopes that this measure is a necessary first
step in that direction, the Commission understands that now is the
time to do no more than clean up the existing law to free it of
anomalies and obscure provisions that stand in the way of
implementation in accordance with legislative intent and has limited
this measure accordingly.

The following will summarize the contents of this measure:

Section one amends Penal Law § 60.02(2) to clarify the applicable
class E felony sentencing options for a youthful offender. When
originally enacted, there was only one set of sentencing options for a
class E felony. Since then, various other sets of options have been
added depending on whether the offender is a drug offender, sex
offender, or violent felony offender. As a result, for example, a
youthful offender of a drug felony may face a longer state prison
sentence than would be authorized for an adult. This provision
continues the full panoply of sentencing options for the youthful
offender while making sure that any authorized state prison sentence
be that which an adult would be subject to. Also, for the youthful
offender of a drug felony, the "parole supervision" (drug treatment)
sentence is authorized; and, the restriction on the imposition of a
conditional or unconditional discharge is repealed as it was some
years ago for adults.

Section two and three transfer authorization for the "parole
supervision" (drug treatment) sentence from the Criminal Procedure Law
to the Penal Law article, which sets forth the applicable sentencing
options for offenses. Amendments are also made to clarify, without
changing current law, when the sentence is available.

Sections four, five and six make conforming amendments to provisions
of the Penal Law, which presently authorize the "parole supervision"
sentence.

Section seven amends Penal Law § 70.0(4) to authorize a definite
sentence of imprisonment for non-violent class C felonies, except
those specified in Penal Law § 60.05(4). That amendment reasonably
puts most non-violent C felonies on a par with D and E felonies.
Thus, for example, the amendment avoids having to chose between state


prison and probation for a number of non-violent crimes when local
jail or local jail and probation is the appropriate sentence.

Section eight amends Penal Law § 70.02(3)(c) to authorize a
determinate sentence of imprisonment range of 1.5 to 7 years, in lieu
of a range of 2 to 7 years, for a first time conviction of a class D
violent felony offense. For most class D violent felony offenses, a
state prison sentence is not mandatory for the first offender. At
present, the first offender may receive a one year definite sentence
of imprisonment or a two year state prison sentence. The amendment
allows for an intermediate sentence of 1.5 years in state prison.

Sections nine and ten cure a Penal Law omission by adding a paragraph
to Penal Law § 70.08(3) to specify what the minimum period of
imprisonment must be for an indeterminate sentence of imprisonment
imposed for a class E persistent violent felony offender. That minimum
is set, as dictated by People v Tolbert, 93 NY2d 86 (1999), to be not
less than three years nor more than twenty-five years. The maximum is
currently set by statute at life imprisonment.

Section eleven amends Penal Law § 70.10(2) to state specifically that
the sentence for a discretionary persistent felony offender is 15-25
years to life, as it has been since the inception of the current Penal
Law. The clarification is necessary because when initially enacted the
sentence was keyed to that of a class A felony and at that time, there
was only one class A felony sentence. Since then, several different
class A felonies have been enacted. It is thus necessary to now
specify the applicable sentence.

Section twelve amends Penal Law § 485.10(4) to conform the sentence
for a "hate crime" to the sentence of the separate crime of murder in
the second degree pursuant to Penal Law § 125.25(5) (intentional
murder of a child of less than fourteen while committing a sex
offense), namely, life without parole, when that murder is an element
of the "hate crime." Currently, the sentence for such "hate crime,"
which is committed in conjunction with that murder and is thus a more
serious crime, is less than that authorized for the murder alone.

Sections thirteen and fourteen amend CPL §§ 220.10(5)(d)(ii) and
220.30(3)(b)(iv) to authorize, with the consent of the prosecutor and
the court, a plea to manslaughter in the second degree (a class C
felony) when the defendant is charged with manslaughter in the first
degree (a class B felony).

Section fifteen makes a technical amendment to Penal Law § 70.20(4) to
allow for the commitment of a juvenile offender who, in accord with
section one of this measure, is accorded youthful offender treatment
and given a determinate sentence.

Section sixteen prescribes an immediate effective date and makes its
provisions applicable to offenses committed on or after the effective
date.

This act would have no fiscal impact.

2013-14 Legislative History: OCA 2013-58 Senate 5108 (Sen. Nozzolio)
(Codes)


2012 Legislative History:OCA 2012-84 Senate 7395 (Sen. Saland) (Codes)

{1} The New York State Sentencing Commission was established by the
Chief Judge of the State in 2010. It is co-chaired by the Hon. Derek
Champagne, Franklin County Family Court Judge and former Franklin
County District Attorney, and Hon. Cyrus Vance, Jr., New York County
District Attorney. Its members include a broad spectrum of
representatives from the criminal justice community, including
criminal defense attorneys, judges, policymakers, academics and victim
advocates. The Commission serves in an advisory capacity to the Chief
Judge and is charged with comprehensively evaluating sentencing laws
and practices and recommending reforms that will improve the quality
and effectiveness of statewide sentencing policy.

2015-S5168 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5168

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 6, 2015
                               ___________

Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Codes

AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
  relation to sentencing; and to repeal certain provisions of the crimi-
  nal procedure law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 60.02 of the penal law, as amended
by chapter 471 of the laws of 1980, is amended to read as follows:
  (2) If the sentence is to be imposed upon a youthful offender  finding
which  has  been  substituted for a conviction for any felony, the court
must impose a sentence authorized to be imposed upon a person  convicted
of a class E felony [provided, however, that the court must not impose a
sentence  of  conditional  discharge  or  unconditional discharge if the
youthful offender finding was substituted for a conviction of  a  felony
defined  in  article two hundred twenty of this chapter], AS HEREINAFTER
PROVIDED:
  (A) IF THE YOUTHFUL OFFENDER FINDING  WAS  SUBSTITUTED  FOR  A  FELONY
DEFINED  IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS
CHAPTER, THEN THE SENTENCE SHALL BE AS AUTHORIZED BY  SECTION  60.04  OF
THIS  ARTICLE  FOR  A  CLASS  E FELONY, AND IF A DETERMINATE SENTENCE OF
IMPRISONMENT IS IMPOSED, THE CORRESPONDING PERIOD OF POST-RELEASE SUPER-
VISION PROVIDED FOR THAT CLASS E FELONY BY SECTION 70.45 OF  THIS  TITLE
SHALL  ALSO BE IMPOSED. IN ADDITION TO SUCH AUTHORIZED SENTENCES, IF THE
DEFENDANT MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION 60.14  OF
THIS ARTICLE, A COURT MAY IMPOSE THE PAROLE SUPERVISION SENTENCE AUTHOR-
IZED BY THAT SECTION.
  (B)  IF  THE  YOUTHFUL  OFFENDER FINDING WAS SUBSTITUTED FOR ANY OTHER
FELONY, THEN THE SENTENCE SHALL BE AS AUTHORIZED  BY  SECTION  60.01  OF
THIS  ARTICLE  FOR  A  SENTENCE  UPON  A  CONVICTION OF A CLASS E FELONY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08522-02-5

S. 5168                             2

OFFENSE; PROVIDED, HOWEVER, THAT IF THE YOUTHFUL  OFFENDER  FINDING  WAS
SUBSTITUTED  FOR A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF
THIS TITLE OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDI-
VISION  ONE  OF  SECTION  70.80  OF  THIS  TITLE  AND, IN EITHER CASE, A
SENTENCE OF IMPRISONMENT IN EXCESS OF ONE YEAR IS IMPOSED TO  BE  SERVED
IN  A  FACILITY  OF  THE  STATE  DEPARTMENT OF CORRECTIONS AND COMMUNITY
SUPERVISION IS IMPOSED, THE SENTENCE SHALL BE THE  DETERMINATE  SENTENCE
OF IMPRISONMENT AUTHORIZED FOR A CLASS E VIOLENT FELONY OFFENSE OR FELO-
NY  SEX  OFFENSE,  AS  THE  CASE MAY BE, AND THE CORRESPONDING PERIOD OF
POST-RELEASE SUPERVISION PROVIDED FOR THAT CLASS  E  FELONY  BY  SECTION
70.45 OF THIS TITLE.
  S 2. Section 410.91 of the criminal procedure law is REPEALED.
  S 3. The penal law is amended by adding a new section 60.14 to read as
follows:
S 60.14 SENTENCE OF PAROLE SUPERVISION.
  1. DEFINITIONS.
  (A) AN "ELIGIBLE DEFENDANT" IS A PERSON WHO:
  (I) STANDS CONVICTED OF EITHER (1) A CLASS B FELONY DEFINED IN ARTICLE
TWO  HUNDRED  TWENTY  OF  THIS  CHAPTER OTHER THAN THE FELONY DEFINED IN
SECTION 220.48 OF  THIS  CHAPTER  AND  IS  SENTENCED  TO  A  DETERMINATE
SENTENCE OF IMPRISONMENT PURSUANT TO SUBDIVISION TWO OF SECTION 70.70 OF
THIS  TITLE;  OR  (2)  A  CLASS C, D, OR E FELONY DEFINED IN ARTICLE TWO
HUNDRED TWENTY  OR  TWO  HUNDRED  TWENTY-ONE  OF  THIS  CHAPTER  AND  IS
SENTENCED TO A DETERMINATE SENTENCE OF IMPRISONMENT PURSUANT TO SUBDIVI-
SION  THREE  OF SECTION 70.70 OF THIS TITLE; OR (3) A NON-DRUG SPECIFIED
FELONY OR FELONIES AND IS SENTENCED  TO  AN  INDETERMINATE  SENTENCE  OF
IMPRISONMENT PURSUANT TO SECTION 70.06 OF THIS TITLE; AND
  (II) STANDS CONVICTED OF NO OTHER FELONY OFFENSE; AND
  (III) HAS NOT PREVIOUSLY BEEN CONVICTED OF A CLASS A FELONY, A CLASS B
FELONY OTHER THAN A CLASS B FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY
OF THIS CHAPTER, OR A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02
OF THIS TITLE; AND
  (IV)  IS  NOT  UNDER  THE  JURISDICTION OF OR AWAITING DELIVERY TO THE
STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (B) A "NON-DRUG SPECIFIED FELONY" IS A CLASS D OR E FELONY DEFINED  BY
ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER: BURGLARY IN THE THIRD
DEGREE AS DEFINED IN SECTION 140.20,  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.
  (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "PAROLE" SHALL  INCLUDE
POST-RELEASE  SUPERVISION  AND THE TERM "PAROLEE" SHALL INCLUDE A PERSON
ON POST-RELEASE SUPERVISION.

S. 5168                             3

  2. A COURT MAY DIRECT THAT A DETERMINATE OR INDETERMINATE SENTENCE  OF
IMPRISONMENT  BE  EXECUTED  AS  A  SENTENCE OF PAROLE SUPERVISION IF THE
COURT FINDS (A) THAT THE DEFENDANT IS AN ELIGIBLE  DEFENDANT;  (B)  THAT
THE DEFENDANT HAS A HISTORY OF CONTROLLED SUBSTANCE DEPENDENCE THAT IS A
SIGNIFICANT  CONTRIBUTING  FACTOR  TO SUCH DEFENDANT'S CRIMINAL CONDUCT;
(C) THAT SUCH  DEFENDANT'S  CONTROLLED  SUBSTANCE  DEPENDENCE  COULD  BE
APPROPRIATELY  ADDRESSED  BY  A  SENTENCE OF PAROLE SUPERVISION; AND (D)
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. IF THE COURT DIRECTS THAT A SENTENCE OF IMPRISONMENT  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 CORRECTIONS AND COMMUNITY SUPERVISION, IN ACCORDANCE
WITH  SECTION  430.20  OF  THE  CRIMINAL  PROCEDURE  LAW AND SECTION 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 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION  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.
  3.  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 DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  AND  SHALL
ACKNOWLEDGE  RECEIPT  OF A COPY OF THE CONDITIONS IN WRITING. THE CONDI-
TIONS SHALL BE ESTABLISHED IN ACCORDANCE WITH ARTICLE  TWELVE-B  OF  THE
EXECUTIVE  LAW  AND  THE  RULES  AND REGULATIONS OF THE BOARD OF PAROLE.
THEREAFTER, AND WHILE THE PAROLEE IS PARTICIPATING IN THE INTENSIVE DRUG
TREATMENT PROGRAM PROVIDED AT THE DRUG TREATMENT CAMPUS, THE  DEPARTMENT
OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  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
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  4. 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.
  5. 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 STATE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPER-
VISION, 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.

S. 5168                             4

  S  4.  Subdivision  7 of section 70.06 of the penal law, as amended by
section 123 of subpart B of part C of chapter 62 of the laws of 2011, 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 under the jurisdiction of or awaiting delivery to the depart-
ment of corrections and community supervision, the] AS AUTHORIZED BY AND
IN  ACCORDANCE WITH SECTION 60.14 OF THIS TITLE, A court may direct that
[such] AN INDETERMINATE sentence OF  IMPRISONMENT  IMPOSED  PURSUANT  TO
THIS  SECTION  UPON A PERSON CONVICTED OF A CLASS D OR CLASS E FELONY 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].
  S 5. Paragraph (d) of subdivision 2 of section 70.70 of the penal law,
as added by section 23 of part AAA of chapter 56 of the laws of 2009, is
amended to read as follows:
  (d)  [The]  SENTENCE  OF  PAROLE  SUPERVISION. AS AUTHORIZED BY AND IN
ACCORDANCE WITH SECTION 60.14 OF THIS TITLE, A court may direct  that  a
determinate  sentence  imposed  PURSUANT  TO THIS SECTION on a defendant
convicted of a class B felony, other than the class B felony defined  in
section  220.48  of  this  chapter[,  pursuant  to this subdivision], be
executed as a sentence of parole supervision [in accordance with section
410.91 of the criminal procedure law].
  S 6. Paragraph (d) of subdivision 3 of section 70.70 of the penal law,
as amended by section 127-k of subpart B of part C of chapter 62 of  the
laws of 2011, is amended to read as follows:
  (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  corrections
and  community supervision, the] AS AUTHORIZED BY AND IN ACCORDANCE WITH
SECTION 60.14 OF THIS TITLE, A  court  may  direct  that  a  determinate
sentence  imposed  pursuant  to  this  subdivision [shall] UPON A PERSON
CONVICTED OF A CLASS C, CLASS D, OR CLASS E  FELONY  be  executed  as  a
parole  supervision  sentence  [as defined in and pursuant to the proce-
dures prescribed in section 410.91 of the criminal procedure law].
  S 7. Subdivision 4 of section 70.00 of the penal law,  as  amended  by
chapter 738 of the laws of 2004, is amended to read as follows:
  4.  Alternative definite sentence for CERTAIN CLASS C FELONIES AND FOR
class D and E felonies. When a person, other than a second or persistent
felony offender, is sentenced for a CLASS C FELONY OTHER THAN A CLASS  C
VIOLENT  FELONY  OFFENSE  DEFINED BY PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION 70.02 OF THIS ARTICLE OR A CLASS C FELONY LISTED IN  SUBDIVISION
FOUR OF SECTION 60.05 OF THIS TITLE, A class D FELONY or A class E felo-
ny,  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 opin-
ion that a sentence of imprisonment is necessary but that  it  would  be
unduly  harsh  to  impose  an indeterminate or determinate sentence, the

S. 5168                             5

court may impose a definite sentence of imprisonment and fix a  term  of
one year or less.
  S  8.    Paragraph  (c) of subdivision 3 of section 70.02 of the penal
law, as amended by chapter 1 of the laws of 2013, is amended to read  as
follows:
  (c)  For  a  class  D  felony, the term must be at least [two] ONE AND
ONE-HALF years and must not exceed seven years, provided, however,  that
the term must be: (i) at least two years and must not exceed eight years
where  the  sentence  is  for  the crime of menacing a police officer or
peace officer as defined in section 120.18 of this chapter; and (ii)  at
least three and one-half years and must not exceed seven years where the
sentence  is imposed for the crime of criminal possession of a weapon in
the third degree as defined in subdivision ten of section 265.02 of this
chapter;
  S 9.  Subdivision 3 of section 70.08 of the penal law, as  amended  by
section 7 of chapter 107 of the laws of 2006, is amended by adding a new
paragraph (d) to read as follows:
  (D)  FOR  A  CLASS  E FELONY THE MINIMUM PERIOD MUST BE AT LEAST THREE
YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS.
  S 10. Subdivision 3 of section 70.08 of the penal law, as  amended  by
section 8 of chapter 107 of the laws of 2006, is amended by adding a new
paragraph (d) to read as follows:
  (D)  FOR  A  CLASS  E FELONY THE MINIMUM PERIOD MUST BE AT LEAST THREE
YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS.
  S 11. Subdivision 2 of section 70.10 of the penal law, as  amended  by
chapter 7 of the laws of 2007, is 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  persistent
felony  offender,  and  when  it  is of the opinion that the history and
character of the defendant and the nature and circumstances  of  his  OR
HER  criminal conduct indicate that extended incarceration and life-time
supervision will best serve the public interest, the court, in  lieu  of
imposing  the  sentence  of  imprisonment  authorized  by section 70.00,
70.02, 70.04, 70.06 or subdivision five of section 70.80 OF THIS ARTICLE
for the crime of which  such  person  presently  stands  convicted,  may
impose  [the  sentence  of imprisonment authorized by that section for a
class A-I felony] AN INDETERMINATE SENTENCE OF IMPRISONMENT. THE MAXIMUM
TERM OF THE INDETERMINATE SENTENCE OF IMPRISONMENT SHALL BE LIFE  IMPRI-
SONMENT,  AND  THE  MINIMUM  PERIOD OF IMPRISONMENT OF THE INDETERMINATE
SENTENCE SHALL BE FIXED BY THE COURT AT NOT LESS THAN FIFTEEN YEARS  NOR
MORE  THAN TWENTY-FIVE YEARS.  In such event the reasons for the court's
opinion shall be set forth in the record.
  S 12. Subdivision 4 of section 485.10 of the penal law,  as  added  by
chapter 107 of the laws of 2000, is amended to read as follows:
  4.  Notwithstanding  any  other  provision  of  law,  when a person is
convicted of a hate crime [pursuant to this article] and  the  specified
offense  is  a class A-1 felony, THE SENTENCE SHALL BE AS AUTHORIZED FOR
THAT CLASS A-1 FELONY; PROVIDED, HOWEVER, IF THE AUTHORIZED SENTENCE  IS
OR  INCLUDES  AN  INDETERMINATE  SENTENCE  OF IMPRISONMENT, OTHER THAN A
SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, the minimum period of  the
indeterminate sentence shall be not less than twenty years.
  S  13.  Subparagraph (ii) of paragraph (d) of subdivision 5 of section
220.10 of the criminal procedure law, as added by  chapter  233  of  the
laws of 1980, is amended to read as follows:
  (ii)  Except  as provided in subparagraph (i) of this paragraph, where
the indictment charges a class B violent felony offense  or  a  class  C

S. 5168                             6

violent  felony  offense,  then a plea of guilty must include at least a
plea of guilty to a class D violent felony offense; EXCEPT, IF THE CLASS
B VIOLENT FELONY OFFENSE WAS MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED
IN  SECTION  125.20  OF THE PENAL LAW, THEN THE PLEA OF GUILTY MAY BE TO
THE CLASS C FELONY OF MANSLAUGHTER IN THE SECOND DEGREE  AS  DEFINED  IN
SECTION 125.15 OF THE PENAL LAW IN LIEU OF A PLEA OF GUILTY TO A CLASS D
VIOLENT FELONY OFFENSE;
  S  14.  Subparagraph (iv) of paragraph (b) of subdivision 3 of section
220.30 of the criminal procedure law, as added by  chapter  233  of  the
laws of 1980, is amended to read as follows:
  (iv)  Except  as  provided  in subparagraph (iii) of this paragraph, a
plea of guilty, whether to the entire indictment or part of the  indict-
ment,  for  any  crime other than a class A felony or a class B, C, or D
violent felony offense as defined in subdivision one of section 70.02 of
the penal law, may not be accepted on the condition that it  constitutes
a  complete  disposition  of  one  or more other indictments against the
defendant wherein is charged a class B or class C violent felony offense
as defined in subdivision one of section 70.02 of the penal law; EXCEPT,
IF THE CLASS B VIOLENT FELONY OFFENSE  WAS  MANSLAUGHTER  IN  THE  FIRST
DEGREE  AS  DEFINED IN SECTION 125.20 OF THE PENAL LAW, THEN THE PLEA OF
GUILTY MAY BE TO THE CLASS C FELONY OF MANSLAUGHTER IN THE SECOND DEGREE
AS DEFINED IN SECTION 125.15 OF THE PENAL LAW IN LIEU OF A PLEA OF GUIL-
TY TO A CLASS C OR D VIOLENT FELONY OFFENSE,
  S 15. Paragraph (a) of subdivision 4 of section  70.20  of  the  penal
law,  as  amended by section 124 of subpart B of part C of chapter 62 of
the laws of 2011, is amended to read as follows:
  (a) Notwithstanding any other provision of  law  to  the  contrary,  a
juvenile  offender, or a juvenile offender who is adjudicated a youthful
offender and given an indeterminate, DETERMINATE or a definite sentence,
shall be committed to the custody of the commissioner of the  office  of
children  and  family  services who shall arrange for the confinement of
such offender in secure facilities of the office. The release or  trans-
fer  of  such  offenders from the office of children and family services
shall be governed by section five hundred eight of the executive law.
  S 16. This act shall take effect immediately; provided, however,  that
this  act  shall  apply to offenses committed on or after such effective
date; and provided further, that the  amendments  to  subdivision  7  of
section  70.06  of  the penal law made by section four of this act shall
not affect the repeal of such subdivision and shall be  deemed  repealed
therewith; and provided further, that the amendments to subdivision 3 of
section 70.08 of the penal law made by section nine 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 ten of this act
shall take effect.

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