§ 601-D — Post-release supervision; certain cases

§ 601-d. Post-release supervision; certain cases. This section shall\napply only to incarcerated individuals in the custody of the\ncommissioner, and releasees under the supervision of the department,\nupon whom a determinate sentence was imposed between September first,\nnineteen hundred ninety-eight, and the effective date of this section,\nwhich was required by law to include a term of post-release supervision:\n 1. For purposes of this section, such a person shall be deemed a\n"designated person" if the commitment order that accompanied such person\ndoes not indicate imposition of any term of post-release supervision;\nprovided, however, that if such agency with custody of or supervision\nover such person has the sentencing minutes that show that a term of\npost-release supervision was actually pronounced at sentence, such\nperson shall not be deemed a designated person.\n 2. Whenever it shall appear to the satisfaction of the department that\nan incarcerated individual in its custody or that a releasee under its\nsupervision, is a designated person, the department shall make\nnotification of that fact to the court that sentenced such person, and\nto the incarcerated individual or releasee.\n 3. If a sentencing court that has received such notice, after\nreviewing the sentencing minutes, if available, is or becomes aware that\na term of post-release supervision was in fact pronounced at the prior\nsentencing of such person, it shall issue a superseding commitment order\nreflecting that fact, accompanied by a written explanation of the basis\nfor that conclusion, and send such order and explanation to the\ndepartment, to the defendant, and to the attorney who appeared for the\ndefendant in connection with the judgment or sentence or, if the\ndefendant is currently represented concerning his or her conviction or\nsentence or with respect to an appeal from his or her sentence, such\npresent counsel.\n 4. (a) If the sentencing court shall not have issued a superseding\ncommitment order, reflecting imposition of a term of post-release\nsupervision, within ten days after receiving notice pursuant to\nsubdivision two of this section, then the sentencing court shall appoint\ncounsel pursuant to section seven hundred twenty-two of the county law,\nprovide a copy of the notice pursuant to subdivision two of this section\nto such counsel, and calendar such person for a court appearance which\nshall occur no later than twenty days after receipt of said notice. At\nsuch court appearance, the court shall furnish a copy of such notice and\nthe proceeding date pursuant to paragraph (c) of this subdivision to the\ndistrict attorney, the designated person, assigned counsel and the\ndepartment.\n (b) The court shall promptly seek to obtain sentencing minutes, plea\nminutes and any other records and shall provide copies to the parties\nand conduct any reconstruction proceedings that may be necessary to\ndetermine whether to resentence such person.\n (c) The court shall commence a proceeding to consider resentence no\nlater than thirty days after receiving notice pursuant to subdivision\ntwo of this section.\n (d) The court shall, no later than forty days after receipt of such\nnotice, issue and enter a written determination and order, copies of\nwhich shall be immediately provided to the district attorney, the\ndesignated person, his or her counsel and the department along with any\nsentencing minutes pursuant to section 380.70 of the criminal procedure\nlaw.\n (e) The designated person may, with counsel, knowingly consent to\nextend the time periods specified in paragraphs (c) and (d) of this\nsubdivision. The people may apply to the court for an extension of ten\ndays on the basis of extraordinary circumstances that preclude final\nresolution within such period of the question of whether the defendant\nwill be resentenced. The department shall be notified by the court of\nany such extension.\n 5. The court shall promptly notify the agency that referred a\ndesignated person whenever it (a) resentences the defendant to a\nsentence that includes a term of post-release supervision; or (b)\ndetermines that it will not resentence the defendant under this section\nor otherwise. Upon the conclusion of the proceeding, the court shall\nfurnish the parties and the agency that referred the designated person\nwith an accurate copy of the current order of commitment for the person.\n 6. In any case in which the department notifies the court of a\ndesignated person, and has not been informed that the court has made a\ndetermination in accordance with paragraph (d) of subdivision four of\nthis section (unless extended pursuant to paragraph (e) of such\nsubdivision), the department may notify the court that it has not\nreceived a determination and, in any event, shall adjust its records\nwith respect to post-release supervision noting that the court has not,\nin accordance with subdivision four of this section, imposed a sentence\nof post-release supervision.\n 7. When the department complies with this section as to a person\nconfined in state prison, it need not separately follow the procedures\nset forth in section six hundred one-a of this article.\n 8. Nothing in this section shall affect the power of any court to\nhear, consider and decide any petition, motion or proceeding pursuant to\narticle four hundred forty of the criminal procedure law, article\nseventy or seventy-eight of the civil practice law and rules, or any\nauthorized proceeding.\n