N.Y. Executive Law § 259-h: Parole eligibility for certain incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-s...

§ 259-h. Parole eligibility for certain incarcerated individuals

sentenced for crimes committed prior to September first, nineteen

hundred sixty-seven. 1. The provisions of this subdivision shall apply

in any case where a person is under one or more of the following

sentences imposed pursuant to the penal law in effect prior to September

first, nineteen hundred sixty-seven:

(a) Life imprisonment for the crime of murder in the first degree

pursuant to section ten hundred forty-five or ten hundred forty-five-a

of such law;

(b) Life imprisonment for the crime of kidnapping pursuant to section

twelve hundred fifty of such law; or

(c) Death commuted to life imprisonment for the crime of murder in the

first degree or for the crime of kidnapping pursuant to one of the above

sections.

Any such person who is not otherwise or who will not sooner become

eligible for release on parole under such sentence shall be or become

eligible for release on parole after service of a minimum period of

imprisonment of twenty years.

2. The provisions of this subdivision shall apply in any case where a

person is under one or more of the following sentences imposed pursuant

to the penal law in effect prior to September first, nineteen hundred

sixty-seven:

(a) A minimum term of twenty years or more and a maximum of natural

life for the crime of murder in the second degree pursuant to section

ten hundred forty-eight of such law;

(b) A minimum term of twenty years or more and a maximum of natural

life for the crime of kidnapping imposed pursuant to section twelve

hundred fifty of such law;

(c) A minimum term of fifteen years or more and a maximum of natural

life for a third conviction of a felony under laws relating to narcotic

drugs pursuant to section nineteen hundred forty-one of such law; or

(d) A minimum term of fifteen years or more and a maximum of natural

life for a fourth conviction of a felony pursuant to section nineteen

hundred forty-two of such law.

Any person who is not otherwise or who will not sooner become eligible

for release on parole under such sentence shall be or become eligible

for release on parole after service of a minimum period of imprisonment

of fifteen years.

3. The provisions of this subdivision shall apply in any case where a

person is under a sentence imposed pursuant to the penal law in effect

prior to September first, nineteen hundred sixty-seven, other than a

sentence specified in subdivisions one and two of this section. Any

person who is not otherwise or who will not sooner become eligible for

release on parole shall be or become eligible for release on parole

under such sentence after service of a minimum period of imprisonment of

eight years and four months.

Notwithstanding the provisions of subdivisions one and two hereof,

incarcerated individuals convicted of murder, second degree, and

sentenced pursuant to the provisions of the penal law in effect prior to

September first, nineteen hundred sixty-seven, who are not otherwise or

who will not sooner become eligible for release on parole, shall be

eligible for release on parole under such sentence after service of a

minimum period of imprisonment of eight years and four months.

4. In calculating time required to be served prior to eligibility for

parole under the minimum periods of imprisonment established by this

section the following rules shall apply:

(a) Service of such time shall be deemed to have commenced on the day

the incarcerated individual was received in an institution under the

jurisdiction of the department pursuant to the sentence;

(b) Where an incarcerated individual is under more than one sentence,

(i) if the sentences run concurrently, the time served under

imprisonment on any of the sentences shall be credited against the

minimum periods of all the concurrent sentences, and (ii) if the

sentences run consecutively, the minimum periods of imprisonment shall

merge in and be satisfied by service of the period that has the longest

unexpired time to run;

(c) No credit shall be allowed for "good conduct and efficient and

willing performance of duties," under former section two hundred thirty

of the correction law, repealed by chapter four hundred seventy-six of

the laws of nineteen hundred seventy and continued in effect as to

certain incarcerated individuals, or under any other provision of law;

(d) Calculations with respect to "jail time" "time served under

vacated sentence" and interruption for "escape" shall be in accordance

with the provisions of subdivisions three, five and six of section 70.30

of the penal law as enacted by chapter ten hundred thirty of the laws of

nineteen hundred sixty-five, as amended.

5. The provisions of this section shall not be construed as

diminishing the discretionary authority of the board of parole to

determine whether or not an incarcerated individual is to be paroled.