§ 410.91 — Sentence of parole supervision

New York § 410.91

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title L: Sentence
• Part 2: The Principal Proceedings
• Art. 410: Sentences of Probation, Conditional Discharge and Parole Supervision

Text

* § 410.91 Sentence of parole supervision.\n 1. A sentence of parole supervision is an indeterminate sentence of\nimprisonment, or a determinate sentence of imprisonment imposed pursuant\nto paragraphs (b) and (d) of subdivision three of section 70.70 of the\npenal law, which may be imposed upon an eligible defendant, as defined\nin subdivision two of this section. If an indeterminate sentence, such\nsentence shall have a minimum term and a maximum term within the ranges\nspecified by subdivisions three and four of section 70.06 of the penal\nlaw. If a determinate sentence, such sentence shall have a term within\nthe ranges specified by subparagraphs (iii) and (iv) of paragraph (b) of\nsubdivision three of section 70.70 of the penal law. Provided, however,\nif the court directs that the sentence be executed as a sentence of\nparole supervision, it shall remand the defendant for immediate delivery\nto a reception center operated by the state department of corrections\nand community supervision, in accordance with section 430.20 of this\nchapter and section six hundred one of the correction law, for a period\nnot to exceed ten days. An individual who receives such a sentence shall\nbe placed under the immediate supervision of the department of\ncorrections and community supervision and must comply with the\nconditions of parole, which shall include an initial placement in a drug\ntreatment campus for a period of ninety days at which time the defendant\nshall be released therefrom.\n 2. A defendant is an "eligible defendant" for purposes of a sentence\nof parole supervision when such defendant is a felony offender convicted\nof a specified offense or offenses as defined in subdivision five of\nthis section, who stands convicted of no other felony offense, who has\nnot previously been convicted of either a violent felony offense as\ndefined in section 70.02 of the penal law, a class A felony offense or a\nclass B felony offense other than a class B felony offense defined in\narticle two hundred twenty of the penal law, and is not subject to an\nundischarged term of imprisonment.\n 3. When an indeterminate or determinate sentence of imprisonment is\nimposed upon an eligible defendant for a specified offense, as defined\nin subdivision five of this section, the court may direct that such\nsentence be executed as a sentence of parole supervision if the court\nfinds (i) that the defendant has a history of controlled substance\ndependence that is a significant contributing factor to such defendant's\ncriminal conduct; (ii) that such defendant's controlled substance\ndependence could be appropriately addressed by a sentence of parole\nsupervision; and (iii) that imposition of such a sentence would not have\nan adverse effect on public safety or public confidence in the integrity\nof the criminal justice system.\n ** 5. For the purposes of this section, a "specified offense" is an\noffense defined by any of the following provisions of the penal law:\nburglary in the third degree as defined in section 140.20, criminal\nmischief in the third degree as defined in section 145.05, criminal\nmischief in the second degree as defined in section 145.10, grand\nlarceny in the fourth degree as defined in subdivision one, two, three,\nfour, five, six, eight, nine or ten of section 155.30, grand larceny in\nthe third degree as defined in section 155.35 (except where the property\nconsists of one or more firearms, rifles or shotguns), unauthorized use\nof a vehicle in the second degree as defined in section 165.06, criminal\npossession of stolen property in the fourth degree as defined in\nsubdivision one, two, three, five or six of section 165.45, criminal\npossession of stolen property in the third degree as defined in section\n165.50 (except where the property consists of one or more firearms,\nrifles or shotguns), forgery in the second degree as defined in section\n170.10, criminal possession of a forged instrument in the second degree\nas defined in section 170.25, unlawfully using slugs in the first degree\nas defined in section 170.60, criminal diversion of medical marihuana in\nthe first degree as defined in section 179.10 or an attempt to commit\nany of the aforementioned offenses if such attempt constitutes a felony\noffense; or a class B felony offense defined in article two hundred\ntwenty where a sentence is imposed pursuant to paragraph (a) of\nsubdivision two of section 70.70 of the penal law; or any class C, class\nD or class E controlled substance or marihuana felony offense as defined\nin article two hundred twenty or two hundred twenty-one.\n * NB Effective until July 5, 2028\n ** 5. For the purposes of this section, a "specified offense" is an\noffense defined by any of the following provisions of the penal law:\nburglary in the third degree as defined in section 140.20, criminal\nmischief in the third degree as defined in section 145.05, criminal\nmischief in the second degree as defined in section 145.10, grand\nlarceny in the fourth degree as defined in subdivision one, two, three,\nfour, five, six, eight, nine or ten of section 155.30, grand larceny in\nthe third degree as defined in section 155.35 (except where the property\nconsists of one or more firearms, rifles or shotguns), unauthorized use\nof a vehicle in the second degree as defined in section 165.06, criminal\npossession of stolen property in the fourth degree as defined in\nsubdivision one, two, three, five or six of section 165.45, criminal\npossession of stolen property in the third degree as defined in section\n165.50 (except where the property consists of one or more firearms,\nrifles or shotguns), forgery in the second degree as defined in section\n170.10, criminal possession of a forged instrument in the second degree\nas defined in section 170.25, unlawfully using slugs in the first degree\nas defined in section 170.60, or an attempt to commit any of the\naforementioned offenses if such attempt constitutes a felony offense; or\na class B felony offense defined in article two hundred twenty where a\nsentence is imposed pursuant to paragraph (a) of subdivision two of\nsection 70.70 of the penal law; or any class C, class D or class E\ncontrolled substance or marihuana felony offense as defined in article\ntwo hundred twenty or two hundred twenty-one.\n ** NB Effective July 5, 2028\n 6. Upon delivery of the defendant to the reception center, he or she\nshall be given a copy of the conditions of parole by a representative of\nthe department of corrections and community supervision and shall\nacknowledge receipt of a copy of the conditions in writing. The\nconditions shall be established in accordance with article twelve-B of\nthe executive law and the rules and regulations of the board of parole.\nThereafter and while the parolee is participating in the intensive drug\ntreatment program provided at the drug treatment campus, the department\nof corrections and community supervision shall assess the parolee's\nspecial needs and shall develop an intensive program of parole\nsupervision that will address the parolee's substance abuse history and\nwhich shall include periodic urinalysis testing. Unless inappropriate,\nsuch program shall include the provision of treatment services by a\ncommunity-based substance abuse service provider which has a contract\nwith the department of corrections and community supervision.\n 7. Upon completion of the drug treatment program at the drug treatment\ncampus, a parolee will be furnished with money, clothing and\ntransportation in a manner consistent with section one hundred\ntwenty-five of the correction law to permit the parolee's travel from\nthe drug treatment campus to the county in which the parolee's\nsupervision will continue.\n 8. If the parole officer having charge of a person sentenced to parole\nsupervision pursuant to this section has reasonable cause to believe\nthat such person has violated the conditions of his or her parole, the\nprocedures of subdivision three of section two hundred fifty-nine-i of\nthe executive law shall apply to the issuance of a warrant and the\nconduct of further proceedings; provided, however, that a parole\nviolation warrant issued for a violation committed while the parolee is\nbeing supervised at a drug treatment campus shall constitute authority\nfor the immediate placement of the parolee into a correctional facility\noperated by the department of corrections and community supervision,\nwhich to the extent practicable shall be reasonably proximate to the\nplace at which the violation occurred, to hold in temporary detention\npending completion of the procedures required by subdivision three of\nsection two hundred fifty-nine-i of the executive law.\n * NB Repealed September 1, 2027\n