§ 259-H — Parole eligibility for certain incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-s...

New York § 259-H

• Jurisdiction: New York
• Law EXC: Executive
• Art. 12-B: State Board of Parole

Text

§ 259-h. Parole eligibility for certain incarcerated individuals\nsentenced for crimes committed prior to September first, nineteen\nhundred sixty-seven. 1. The provisions of this subdivision shall apply\nin any case where a person is under one or more of the following\nsentences imposed pursuant to the penal law in effect prior to September\nfirst, nineteen hundred sixty-seven:\n (a) Life imprisonment for the crime of murder in the first degree\npursuant to section ten hundred forty-five or ten hundred forty-five-a\nof such law;\n (b) Life imprisonment for the crime of kidnapping pursuant to section\ntwelve hundred fifty of such law; or\n (c) Death commuted to life imprisonment for the crime of murder in the\nfirst degree or for the crime of kidnapping pursuant to one of the above\nsections.\n Any such person who is not otherwise or who will not sooner become\neligible for release on parole under such sentence shall be or become\neligible for release on parole after service of a minimum period of\nimprisonment of twenty years.\n 2. The provisions of this subdivision shall apply in any case where a\nperson is under one or more of the following sentences imposed pursuant\nto the penal law in effect prior to September first, nineteen hundred\nsixty-seven:\n (a) A minimum term of twenty years or more and a maximum of natural\nlife for the crime of murder in the second degree pursuant to section\nten hundred forty-eight of such law;\n (b) A minimum term of twenty years or more and a maximum of natural\nlife for the crime of kidnapping imposed pursuant to section twelve\nhundred fifty of such law;\n (c) A minimum term of fifteen years or more and a maximum of natural\nlife for a third conviction of a felony under laws relating to narcotic\ndrugs pursuant to section nineteen hundred forty-one of such law; or\n (d) A minimum term of fifteen years or more and a maximum of natural\nlife for a fourth conviction of a felony pursuant to section nineteen\nhundred forty-two of such law.\n Any person who is not otherwise or who will not sooner become eligible\nfor release on parole under such sentence shall be or become eligible\nfor release on parole after service of a minimum period of imprisonment\nof fifteen years.\n 3. The provisions of this subdivision shall apply in any case where a\nperson is under a sentence imposed pursuant to the penal law in effect\nprior to September first, nineteen hundred sixty-seven, other than a\nsentence specified in subdivisions one and two of this section. Any\nperson who is not otherwise or who will not sooner become eligible for\nrelease on parole shall be or become eligible for release on parole\nunder such sentence after service of a minimum period of imprisonment of\neight years and four months.\n Notwithstanding the provisions of subdivisions one and two hereof,\nincarcerated individuals convicted of murder, second degree, and\nsentenced pursuant to the provisions of the penal law in effect prior to\nSeptember first, nineteen hundred sixty-seven, who are not otherwise or\nwho will not sooner become eligible for release on parole, shall be\neligible for release on parole under such sentence after service of a\nminimum period of imprisonment of eight years and four months.\n 4. In calculating time required to be served prior to eligibility for\nparole under the minimum periods of imprisonment established by this\nsection the following rules shall apply:\n (a) Service of such time shall be deemed to have commenced on the day\nthe incarcerated individual was received in an institution under the\njurisdiction of the department pursuant to the sentence;\n (b) Where an incarcerated individual is under more than one sentence,\n(i) if the sentences run concurrently, the time served under\nimprisonment on any of the sentences shall be credited against the\nminimum periods of all the concurrent sentences, and (ii) if the\nsentences run consecutively, the minimum periods of imprisonment shall\nmerge in and be satisfied by service of the period that has the longest\nunexpired time to run;\n (c) No credit shall be allowed for "good conduct and efficient and\nwilling performance of duties," under former section two hundred thirty\nof the correction law, repealed by chapter four hundred seventy-six of\nthe laws of nineteen hundred seventy and continued in effect as to\ncertain incarcerated individuals, or under any other provision of law;\n (d) Calculations with respect to "jail time" "time served under\nvacated sentence" and interruption for "escape" shall be in accordance\nwith the provisions of subdivisions three, five and six of section 70.30\nof the penal law as enacted by chapter ten hundred thirty of the laws of\nnineteen hundred sixty-five, as amended.\n 5. The provisions of this section shall not be construed as\ndiminishing the discretionary authority of the board of parole to\ndetermine whether or not an incarcerated individual is to be paroled.\n