N.Y. Penal Law § 70.30: Calculation of terms of imprisonment

§ 70.30 Calculation of terms of imprisonment.

1. * Indeterminate or determinate sentences.

* NB Effective until September 1, 2027

* Indeterminate sentences.

* NB Effective September 1, 2027

* An indeterminate or determinate sentence of imprisonment commences

when the prisoner is received in an institution under the jurisdiction

of the state department of corrections and community supervision. Where

a person is under more than one indeterminate or determinate sentence,

the sentences shall be calculated as follows:

* NB Effective until September 1, 2027

* An indeterminate sentence of imprisonment commences when the

prisoner is received in an institution under the jurisdiction of the

state department of corrections and community supervision. Where a

person is under more than one indeterminate sentence, the sentences

shall be calculated as follows:

* NB Effective September 1, 2027

* (a) 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 indeterminate sentences and

against the terms of all the concurrent determinate sentences. The

maximum term or terms of the indeterminate sentences and the term or

terms of the determinate sentences shall merge in and be satisfied by

discharge of the term which has the longest unexpired time to run;

* NB Effective until September 1, 2027

* (a) 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 the maximum terms

merge in and are satisfied by discharge of the term which has the

longest unexpired time to run;

* NB Effective September 1, 2027

* (b) If the defendant is serving two or more indeterminate sentences

which run consecutively, the minimum periods of imprisonment are added

to arrive at an aggregate minimum period of imprisonment equal to the

sum of all the minimum periods, and the maximum terms are added to

arrive at an aggregate maximum term equal to the sum of all the maximum

terms, provided, however, that both the aggregate maximum term and the

aggregate minimum period of imprisonment shall be subject to the

limitations set forth in paragraphs (e) and (f) of this subdivision,

where applicable;

* NB Effective until September 1, 2027

* (b) If the sentences run consecutively, the minimum periods of

imprisonment are added to arrive at an aggregate minimum period of

imprisonment equal to the sum of all the minimum periods, and the

maximum terms are added to arrive at an aggregate maximum term equal to

the sum of all the maximum terms, provided, however, that both the

aggregate maximum term and the aggregate minimum period of imprisonment

shall be subject to the limitations set forth in paragraphs (c) and (d)

of this subdivision, where applicable;

* NB Effective September 1, 2027

* (c) If the defendant is serving two or more determinate sentences of

imprisonment which run consecutively, the terms of the determinate

sentences are added to arrive at an aggregate maximum term of

imprisonment, provided, however, that the aggregate maximum term of

imprisonment shall be subject to the limitations set forth in paragraphs

(e) and (f) of this subdivision, where applicable.

* NB Effective until September 1, 2027

* (c) (i) Except as provided in subparagraph (ii) or (iii) of this

paragraph, the aggregate maximum term of consecutive sentences imposed

for two or more crimes, other than two or more crimes that include a

class A felony, committed prior to the time the person was imprisoned

under any of such sentences shall, if it exceeds twenty years, be deemed

to be twenty years, unless one of the sentences was imposed for a class

B felony, in which case the aggregate maximum term shall, if it exceeds

thirty years, be deemed to be thirty years. Where the aggregate maximum

term of two or more consecutive sentences is reduced by calculation made

pursuant to this paragraph, the aggregate minimum period of

imprisonment, if it exceeds one-half of the aggregate maximum term as so

reduced, shall be deemed to be one-half of the aggregate maximum term as

so reduced;

(ii) Notwithstanding subparagraph (i) of this paragraph, the aggregate

maximum term of consecutive sentences imposed for the conviction of two

violent felony offenses committed prior to the time the person was

imprisoned under any of such sentences and one of which is a class B

violent felony offense, shall, if it exceeds forty years, be deemed to

be forty years;

(iii) Notwithstanding subparagraphs (i) and (ii) of this paragraph,

the aggregate maximum term of consecutive sentences imposed for the

conviction of three or more violent felony offenses committed prior to

the time the person was imprisoned under any of such sentences and one

of which is a class B violent felony offense, shall, if it exceeds fifty

years, be deemed to be fifty years;

* NB Effective September 1, 2027

* (d) If the defendant is serving one or more indeterminate sentences

of imprisonment and one or more determinate sentence of imprisonment

which run consecutively, the minimum term or terms of the indeterminate

sentence or sentences and the term or terms of the determinate sentence

or sentences are added to arrive at an aggregate maximum term of

imprisonment, provided, however, (i) that in no event shall the

aggregate maximum so calculated be less than the term or maximum term of

imprisonment of the sentence which has the longest unexpired time to

run; and (ii) that the aggregate maximum term of imprisonment shall be

subject to the limitations set forth in paragraphs (e) and (f) of this

subdivision, where applicable.

* NB Effective until September 1, 2027

* (d) The aggregate maximum term of consecutive sentences imposed upon

a juvenile offender for two or more crimes, not including a class A

felony, committed before he has reached the age of sixteen, shall, if it

exceeds ten years, be deemed to be ten years. If consecutive

indeterminate sentences imposed upon a juvenile offender include a

sentence for the class A felony of arson in the first degree or for the

class A felony of kidnapping in the first degree, then the aggregate

maximum term of such sentences shall, if it exceeds fifteen years, be

deemed to be fifteen years. Where the aggregate maximum term of two or

more consecutive sentences is reduced by a calculation made pursuant to

this paragraph, the aggregate minimum period of imprisonment, if it

exceeds one-half of the aggregate maximum term as so reduced, shall be

deemed to be one-half of the aggregate maximum term as so reduced.

* NB Effective September 1, 2027

* (e) (i) Except as provided in subparagraph (ii), (iii), (iv), (v),

(vi) or (vii) of this paragraph, the aggregate maximum term of

consecutive sentences, all of which are indeterminate sentences or all

of which are determinate sentences, imposed for two or more crimes,

other than two or more crimes that include a class A felony, committed

prior to the time the person was imprisoned under any of such sentences

shall, if it exceeds twenty years, be deemed to be twenty years, unless

one of the sentences was imposed for a class B felony, in which case the

aggregate maximum term shall, if it exceeds thirty years, be deemed to

be thirty years. Where the aggregate maximum term of two or more

indeterminate consecutive sentences is reduced by calculation made

pursuant to this paragraph, the aggregate minimum period of

imprisonment, if it exceeds one-half of the aggregate maximum term as so

reduced, shall be deemed to be one-half of the aggregate maximum term as

so reduced;

(ii) Where the aggregate maximum term of two or more consecutive

sentences, one or more of which is a determinate sentence and one or

more of which is an indeterminate sentence, imposed for two or more

crimes, other than two or more crimes that include a class A felony,

committed prior to the time the person was imprisoned under any of such

sentences, exceeds twenty years, and none of the sentences was imposed

for a class B felony, the following rules shall apply:

(A) if the aggregate maximum term of the determinate sentence or

sentences exceeds twenty years, the defendant shall be deemed to be

serving to a determinate sentence of twenty years.

(B) if the aggregate maximum term of the determinate sentence or

sentences is less than twenty years, the defendant shall be deemed to be

serving an indeterminate sentence the maximum term of which shall be

deemed to be twenty years. In such instances, the minimum sentence shall

be deemed to be ten years or six-sevenths of the term or aggregate

maximum term of the determinate sentence or sentences, whichever is

greater.

(iii) Where the aggregate maximum term of two or more consecutive

sentences, one or more of which is a determinate sentence and one or

more of which is an indeterminate sentence, imposed for two or more

crimes, other than two or more crimes that include a class A felony,

commmitted prior to the time the person was imprisoned under any of such

sentences, exceeds thirty years, and one of the sentences was imposed

for a class B felony, the following rules shall apply:

(A) if the aggregate maximum term of the determinate sentence or

sentences exceeds thirty years, the defendant shall be deemed to be

serving a determinate sentence of thirty years;

(B) if the aggregate maximum term of the determinate sentence or

sentences is less than thirty years, the defendant shall be deemed to be

serving an indeterminate sentence the maximum term of which shall be

deemed to be thirty years. In such instances, the minimum sentence shall

be deemed to be fifteen years or six-sevenths of the term or aggregate

maximum term of the determinate sentence or sentences, whichever is

greater.

(iv) Notwithstanding subparagraph (i) of this paragraph, the aggregate

maximum term of consecutive sentences, all of which are indeterminate

sentences or all of which are determinate sentences, imposed for the

conviction of two violent felony offenses committed prior to the time

the person was imprisoned under any of such sentences and one of which

is a class B violent felony offense, shall, if it exceeds forty years,

be deemed to be forty years

(v) Notwithstanding subparagraphs (ii) and (iii) of this paragraph,

where the aggregate maximum term of two or more consecutive sentences,

one or more of which is a determinate sentence and one or more of which

is an indeterminate sentence, and where such sentences are imposed for

the conviction of two violent felony offenses committed prior to the

time the person was imprisoned under any such sentences and where one of

which is a class B violent felony offense, the following rules shall

apply:

(A) if the aggregate maximum term of the determinate sentence or

sentences exceeds forty years, the defendant shall be deemed to be

serving a determinate sentence of forty years;

(B) if the aggregate maximum term of the determinate sentence or

sentences is less than forty years, the defendant shall be deemed to be

serving an indeterminate sentence the maximum term of which shall be

deemed to be forty years. In such instances, the minimum sentence shall

be deemed to be twenty years or six-sevenths of the term or aggregate

maximum term of the determinate sentence or sentences, whichever is

greater.

(vi) Notwithstanding subparagraphs (i) and (iv) of this paragraph, the

aggregate maximum term of consecutive sentences, all of which are

indeterminate or all of which are determinate sentences, imposed for the

conviction of three or more violent felony offenses committed prior to

the time the person was imprisoned under any of such sentences and one

of which is a class B violent felony offense, shall, if it exceeds fifty

years, be deemed to be fifty years;

(vii) Notwithstanding subparagraphs (ii), (iii) and (v) of this

paragraph, where the aggregate maximum term of two or more consecutive

sentences, one or more of which is a determinate sentence and one or

more of which is an indeterminate sentence, and where such sentences are

imposed for the conviction of three or more violent felony offenses

committed prior to the time the person was imprisoned under any such

sentences and one of which is a class B violent felony offense, the

following rules shall apply:

(A) if the aggregate maximum term of the determinate sentence or

sentences exceeds fifty years, the defendant shall be deemed to be

serving a determinate sentence of fifty years.

(B) if the aggregate maximum term of the determinate sentence or

sentences is less than fifty years, the defendant shall be deemed to be

serving an indeterminate sentence the maximum term of which shall be

deemed to be fifty years. In such instances, the minimum sentence shall

be deemed to be twenty-five years or six-sevenths of the term or

aggregate maximum term of the determinate sentence or sentences,

whichever is greater.

(viii) Notwithstanding any provision of this subdivision to the

contrary where a person is serving two or more consecutive sentences,

one or more of which is an indeterminate sentence and one or more of

which is a determinate sentence, and if he would be eligible for a

reduction provision pursuant to this subdivision if the maximum term or

aggregate maximum term of the indeterminate sentence or sentences were

added to the term or aggregate maximum term of the determinate sentence

or sentences, the person shall be deemed to be eligible for the

applicable reduction provision and the rules set forth in this

subdivision shall apply.

* NB Effective until September 1, 2027

* (f) The aggregate maximum term of consecutive sentences imposed upon

a juvenile offender for two or more crimes, not including a class A

felony, committed before he has reached the age of sixteen, shall, if it

exceeds ten years, be deemed to be ten years. If consecutive

indeterminate sentences imposed upon a juvenile offender include a

sentence for the class A felony of arson in the first degree or for the

class A felony of kidnapping in the first degree, then the aggregate

maximum term of such sentences shall, if it exceeds fifteen years, be

deemed to be fifteen years. Where the aggregate maximum term of two or

more consecutive sentences is reduced by a calculation made pursuant to

this paragraph, the aggregate minimum period of imprisonment, if it

exceeds one-half of the aggregate maximum term as so reduced, shall be

deemed to be one-half of the aggregate maximum term as so reduced.

* NB Effective until September 1, 2027

2. Definite sentences. A definite sentence of imprisonment commences

when the prisoner is received in the institution named in the

commitment. Where a person is under more than one definite sentence, the

sentences shall be calculated as follows:

(a) If the sentences run concurrently and are to be served in a single

institution, the terms merge in and are satisfied by discharge of the

term which has the longest unexpired time to run;

(b) If the sentences run consecutively and are to be served in a

single institution, the terms are added to arrive at an aggregate term

and are satisfied by discharge of such aggregate term, or by service of

two years imprisonment plus any term imposed for an offense committed

while the person is under the sentences, whichever is less;

(c) If the sentences run concurrently and are to be served in more

than one institution, the term of each such sentence shall be credited

with the portion of any concurrent term served after that sentence was

imposed;

(d) If the sentences run consecutively and are to be served in more

than one institution, the aggregate of the time served in all of the

institutions shall not exceed two years plus any term imposed for an

offense committed while the person is under the sentences.

2-a. Undischarged imprisonment in other jurisdiction. Where a person

who is subject to an undischarged term of imprisonment imposed at a

previous time by a court of another jurisdiction is sentenced to an

additional term or terms of imprisonment by a court of this state, to

run concurrently with such undischarged term, such additional term or

terms shall be deemed to commence when the said person is returned to

the custody of the appropriate official of such other jurisdiction where

the undischarged term of imprisonment is being served. If the additional

term or terms imposed shall run consecutively to the said undischarged

term, such additional term or terms shall commence when the prisoner is

received in the appropriate institution as provided in subdivisions one

and two of this section. The term or terms of such imprisonment shall be

calculated and such other pertinent provisions of this section applied

in the same manner as where a person is under more than one sentence in

this state as provided in this section.

* 3. Jail time. The term of a definite sentence, a determinate

sentence, or the maximum term of an indeterminate sentence imposed on a

person shall be credited with and diminished by the amount of time the

person spent in custody prior to the commencement of such sentence as a

result of the charge that culminated in the sentence. In the case of an

indeterminate sentence, if the minimum period of imprisonment has been

fixed by the court or by the board of parole, the credit shall also be

applied against the minimum period. The credit herein provided shall be

calculated from the date custody under the charge commenced to the date

the sentence commences and shall not include any time that is credited

against the term or maximum term of any previously imposed sentence or

period of post-release supervision to which the person is subject. Where

the charge or charges culminate in more than one sentence, the credit

shall be applied as follows:

(a) If the sentences run concurrently, the credit shall be applied

against each such sentence;

(b) If the sentences run consecutively, the credit shall be applied

against the aggregate term or aggregate maximum term of the sentences

and against the aggregate minimum period of imprisonment.

In any case where a person has been in custody due to a charge that

culminated in a dismissal or an acquittal, the amount of time that would

have been credited against a sentence for such charge, had one been

imposed, shall be credited against any sentence that is based on a

charge for which a warrant or commitment was lodged during the pendency

of such custody.

* NB Effective until September 1, 2027

* 3. Jail time. The term of a definite sentence or the maximum term of

an indeterminate sentence imposed on a person shall be credited with and

diminished by the amount of time the person spent in custody prior to

the commencement of such sentence as a result of the charge that

culminated in the sentence. In the case of an indeterminate sentence, if

the minimum period of imprisonment has been fixed by the court or by the

board of parole, the credit shall also be applied against the minimum

period. The credit herein provided shall be calculated from the date

custody under the charge commenced to the date the sentence commences

and shall not include any time that is credited against the term or

maximum term of any previously imposed sentence or period of

post-release supervision to which the person is subject. Where the

charge or charges culminate in more than one sentence, the credit shall

be applied as follows:

(a) If the sentences run concurrently, the credit shall be applied

against each such sentence;

(b) If the sentences run consecutively, the credit shall be applied

against the aggregate term or aggregate maximum term of the sentences

and against the aggregate minimum period of imprisonment.

In any case where a person has been in custody due to a charge that

culminated in a dismissal or an acquittal, the amount of time that would

have been credited against a sentence for such charge, had one been

imposed, shall be credited against any sentence that is based on a

charge for which a warrant or commitment was lodged during the pendency

of such custody.

* NB Effective September 1, 2027

* 4. Good behavior time. Time allowances earned for good behavior,

pursuant to the provisions of the correction law, shall be computed and

applied as follows:

(a) In the case of a person serving an indeterminate or determinate

sentence, the total of such allowances shall be calculated as provided

in section eight hundred three of the correction law and the allowances

shall be applied as provided in paragraph (b) of subdivision one of

section 70.40;

(b) In the case of a person serving a definite sentence, the total of

such allowances shall not exceed one-third of his term or aggregate term

and the allowances shall be applied as a credit against such term.

* NB Effective until September 1, 2027

* 4. Good behavior time. Time allowances earned for good behavior,

pursuant to the provisions of the correction law, shall be computed and

applied as follows:

(a) In the case of a person serving an indeterminate sentence, the

total of such allowances shall not exceed one-third of his maximum or

aggregate maximum term and the allowances shall be applied as provided

in subdivision one (b) of section 70.40;

(b) In the case of a person serving a definite sentence, the total of

such allowances shall not exceed one-third of his term or aggregate term

and the allowances shall be applied as a credit against such term.

* NB Effective September 1, 2027

5. Time served under vacated sentence. When a sentence of imprisonment

that has been imposed on a person is vacated and a new sentence is

imposed on such person for the same offense, or for an offense based

upon the same act, the new sentence shall be calculated as if it had

commenced at the time the vacated sentence commenced, and all time

credited against the vacated sentence shall be credited against the new

sentence. In any case where a vacated sentence also includes a period of

post-release supervision, all time credited against the period of

post-release supervision shall be credited against the period of

post-release supervision included with the new sentence. In the event a

period of post-release supervision is not included with the new

sentence, such period shall be credited against the new sentence.

6. Escape. When a person who is serving a sentence of imprisonment

escapes from custody, the escape shall interrupt the sentence and such

interruption shall continue until the return of the person to the

institution in which the sentence was being served or, if the sentence

was being served in an institution under the jurisdiction of the state

department of corrections and community supervision, to an institution

under the jurisdiction of that department. Any time spent by such person

in custody from the date of escape to the date the sentence resumes

shall be credited against the term or maximum term of the interrupted

sentence, provided:

(a) That such custody was due to an arrest or surrender based upon the

escape; or

(b) That such custody arose from an arrest on another charge which

culminated in a dismissal or an acquittal; or

(c) That such custody arose from an arrest on another charge which

culminated in a conviction, but in such case, if a sentence of

imprisonment was imposed, the credit allowed shall be limited to the

portion of the time spent in custody that exceeds the period, term or

maximum term of imprisonment imposed for such conviction.

* 7. Absconding from temporary release or furlough program. When a

person who is serving a sentence of imprisonment is permitted to leave

an institution to participate in a program of work release or furlough

program as such term is defined in section six hundred thirty-one of the

correction law, or in the case of an institution under the jurisdiction

of the state department of corrections and community supervision or a

facility under the jurisdiction of the state office of children and

family services to participate in a program of temporary release, fails

to return to the institution or facility at or before the time

prescribed for his or her return, such failure shall interrupt the

sentence and such interruption shall continue until the return of the

person to the institution in which the sentence was being served or, if

the sentence was being served in an institution under the jurisdiction

of the state department of corrections and community supervision or a

facility under the jurisdiction of the state office of children and

family services to an institution under the jurisdiction of that

department or a facility under the jurisdiction of that office. Any time

spent by such person in an institution from the date of his or her

failure to return to the date his or her sentence resumes shall be

credited against the term or maximum term of the interrupted sentence,

provided:

(a) That such incarceration was due to an arrest or surrender based

upon the failure to return; or

(b) That such incarceration arose from an arrest on another charge

which culminated in a dismissal or an acquittal; or

(c) That such custody arose from an arrest on another charge which

culminated in a conviction, but in such case, if a sentence of

imprisonment was imposed, the credit allowed shall be limited to the

portion of the time spent in custody that exceeds the period, term or

maximum term of imprisonment imposed for such conviction.

* NB Expires September 1, 2027