Legal Basis
The calculations performed for this computation are the same as those performed for the Basic Indeterminate. Re-sentences always go back to the date of the original sentence, whether or not so stated on the new commitment. The re-sentence computation cannot be used with delinquent time owed. Occasionally a re-sentence brings an individual beyond his/her new conditional release date. In that case, he should be released immediately after his/her case has been considered by the Tim Allowance Committee. If a re-sentence brings an individual beyond his/her new maximum expiration date, he is discharged immediately. If the subject was court-ordered discharged and subsequently returned, an 08 computation will also be needed. Penal Law §70.30 (5).