N.Y. Penal Law § 65.15: Calculation of periods of probation and of conditional discharge

§ 65.15 Calculation of periods of probation and of conditional

discharge.

1. A period of probation or a period or additional period of

conditional discharge commences on the day it is imposed. Multiple

periods, whether imposed at the same or at different times, shall run

concurrently.

2. When a person has violated the conditions of his or her probation

or conditional discharge and is declared delinquent by the court, the

declaration of delinquency shall interrupt the period of the sentence as

of the date of the delinquency and such interruption shall continue

until a final determination as to the delinquency has been made by the

court pursuant to a hearing held in accordance with the provisions of

the criminal procedure law. Any order for the installation and

maintenance of a functioning ignition interlock device imposed pursuant

to section 60.21 of this title shall remain in effect throughout the

delinquency and the court may extend the period of such installation and

maintenance by the period of the delinquency; provided, however, that

the defendant shall get credit for any period where the device was

installed and maintained during the delinquency.

* 3. In any case where a person who is under a sentence of probation

or of conditional discharge is also under an indeterminate or

determinate sentence of imprisonment, imposed for some other offense by

a court of this state the service of the sentence of imprisonment shall

satisfy the sentence of probation or of conditional discharge unless the

sentence of probation or of conditional discharge is revoked prior to

the next to occur of parole or conditional release under, or

satisfaction of, the sentence of imprisonment. Provided, however, that

the service of an indeterminate or determinate sentence of imprisonment

shall not satisfy a sentence of probation if the sentence of probation

was imposed at a time when the sentence of imprisonment had one year or

less to run.

* NB Effective until September 1, 2027

* 3. In any case where a person who is under a sentence of probation

or of conditional discharge is also under an indeterminate sentence of

imprisonment, or a reformatory sentence of imprisonment authorized by

section 75.00, imposed for some other offense by a court of this state

the service of the sentence of imprisonment shall satisfy the sentence

of probation or of conditional discharge unless the sentence of

probation or of conditional discharge is revoked prior to the next to

occur of parole or conditional release under, or satisfaction of, the

sentence of imprisonment. Provided, however, that the service of an

indeterminate or a reformatory sentence of imprisonment shall not

satisfy a sentence of probation if the sentence of probation was imposed

at a time when the sentence of imprisonment had one year or less to run.

* NB Effective September 1, 2027