Formula for an inmate that receives a consecutive sentence while serving time on an undischarged sentences from another jurisdiction (such as another state or federal).

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# 13: Out of State Concurrent Term

Pursuant to Penal Law §70.25 (4) for crimes committed after 9/1/75, sentences concurrent with undischarged terms in other jurisdictions were permitted. The commitment must state the sentence is concurrent; otherwise, it is deemed to be consecutive. The concurrent New York State sentence begins to run when an individual is returned to the custody of the other jurisdiction; if this date is unknown, the NYS date sentenced is used.* Prior time credit is received on the minimum term for time from commencement of the sentence in the other jurisdiction to commencement of the New York State sentence. For crimes committed before 10/1/95, subject can only receive prior time credit if the other jurisdiction's sentence is indeterminate.

In order to be considered for parole, an individual must meet the New York State Parole Board face-to-face [Executive Law §259-I (2)(a)]. Thus, he cannot be paroled while incarcerated in another jurisdiction. He can, however, be conditionally released while still in the other jurisdiction's custody by securing a favorable adjustment report.

*The concurrent New York State sentence begins to run when an individual is returned to the custody of the other jurisdiction; if this date is unknown, the NYS date sentenced is used.

# 33: Indeterminate Returned Absconder/AWOL/Escapee with a Consecutive Determinate New Term

Formula for an indeterminate returned absconder/AWOL/escapee with a consecutive determinate new term.

To compute the Parole Eligibility date, add 6/7 of the determinate term to the prior indeterminate minimum time owed, if any.

To compute the Maximum Expiration date, add the determinate term to the prior indeterminate minimum time owed, if any. Add the prior indeterminate maximum time owed to the date received, and whichever is longer controls.

To compute the Conditional Release*, use the controlling Maximum Expiration date.

The good time is 1/7 of the determinate term plus the good time from the prior term.

*Penal Law §70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole, so the CR date is slid back to the PE date and the good time is correspondingly reduced.

# 29: Indeterminate with Additional Consecutive Determinate Term

Formula for an inmate received with an indeterminate sentence that subsequently received an additional consecutive determinate term.

To compute the Parole Eligibility date, add 6/7 of the determinate term to the later of the prior Parole Eligibility dates or the additional sentence date.

To compute the Maximum Expiration date, add the determinate term to the later of the prior Parole Eligibility dates or the additional sentence date. Compare this to the prior indeterminate maximum expiration date; whichever is longer controls.

To compute the Conditional Release* date, use the controlling Maximum Expiration date.

The good time is 1/7 of the determinate term plus 1/3 of the indeterminate maximum term.

*Penal Law §70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole so the CR date is pushed back to the PE date and the good time is correspondingly reduced.

WARNING! If the client previously received 'Good Time' on his previous sentence s/he will not be given this credit again on that previous sentence. S/he will get 'Good Time' credit on her/his current 'Additional Sentence'.Therefore, please deduct this 'Good Time" and adjust/extend his/her 'Maximum Expiration Date' accordingly.

# 34: Indeterminate Returned Absconder/AWOL/Escapee with a Consecutive Determinate and Indetermi

Formula for an indeterminate returned absconder/AWOL/escapee with a consecutive determinate new term and indeterminate new term. The new terms are concurrent with each other but consecutive to prior term.

To compute the Parole Eligibility date, add 6/7 of the determinate term to the prior indeterminate minimum time owed, if any. Add the new indeterminate minimum term to the prior indeterminate minimum time owed, if any. Whichever is longer controls.

To compute the Maximum Expiration date, add the determinate term to the prior indeterminate minimum time owed, if any. Add the new indeterminate maximum term to the prior indeterminate maximum time owed. Whichever is longer controls.

Compute the good time twice; compare them, and whichever is greater must be subtracted from the controlling Maximum Expiration date.

Add 1/7 of the determinate term to the good time from the prior term.

Add 1/3 of the indeterminate term to the good time from the prior term.

*Penal Law §70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole, so the CR date is slid back to the PE date and the good time is correspondingly reduced.

# 22: Indeterminate Returned Parole Violator with Consecutive Determinate New Term

N.Y. PEN. LAW § 70.25:

* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate or determinate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.

* NB Effective until September 1, 2011

* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.

* NB Effective September 1, 2011

Formula for an indeterminate returned parole violator with a consecutive determinate new term. To compute the Parole Eligibility date, add 6/7 of the determinate term to the prior indet min time owed, if any. To compute the Maximum Expiration date, add the determinate term to the prior indeterminate minimum time owed, if any. Add prior indeterminate maximum time owed to the date received, and whichever is longer controls. To compute the Conditional Release*, use the controlling Maximum Expiration date. The good time is 1/7 of the determinate term plus 1/3 of the prior indeterminate maximum time owed. *Penal Law 70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole, so the CR date is slid back to the PE date and the good time is correspondingly reduced.

# 23A: Indeterminate Returned Parole Violator with Consecutive Determinate and Consecutive Indet

N.Y. PEN. LAW § 70.25:

* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate or determinate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.

* NB Effective until September 1, 2011

* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.

* NB Effective September 1, 2011

Formula for an indeterminate returned parole violator with a consecutive determinate new term and indeterminate new term. The new terms are consecutive to each other, and consecutive to the prior indeterminate time owed. To compute the parole eligibility date, add 6/7 of the determinate term and the new indeterminate minimum term; then subtract the jail time, add the prior indeterminate minimum time owed, and add the date received.Compute the Maximum Expiration dates twice; compare them, and whichever is longer controls. To compute the first ME, add the determinate term and the new indeterminate minimum term; then subtract the jail time, add the prior indeterminate minimum time owed, and add the date received. To compute the second ME, subtract the jail time from the new indeterminate maximum term; then add the prior indeterminate maximum time owed, and add the date received. Compute the good time and subtract it from the controlling Maximum Expiration date. To compute the good time, add 1/7 of the determinate term, 1/3 of the indeterminate maximum term and 1/3 of the prior indeterminate maximum time owed. *Penal Law 70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole.

# 23: Indeterminate Returned Parole Violator with Consecutive Determinate and Consecutive Indete

N.Y. PEN. LAW § 70.25:

* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate or determinate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.

* NB Effective until September 1, 2011

* 2-a. When an indeterminate or determinate sentence of imprisonment is imposed pursuant to section 70.04, 70.06, 70.08, 70.10, subdivision three or four of section 70.70, subdivision three or four of section 70.71 or subdivision five of section 70.80 of this article, and such person is subject to an undischarged indeterminate sentence of imprisonment imposed prior to the date on which the present crime was committed, the court must impose a sentence to run consecutively with respect to such undischarged sentence.

* NB Effective September 1, 2011

Formula for an indeterminate returned parole violator with a consecutive determinate new term and indeterminate new term. The new terms are **concurrent** with each other, but consecutive to the prior time owed. Compute the Parole Eligibility dates twice; compare them, and whichever is longer controls. To compute the first PE, subtract the jail time from 6/7 of the determinate term, then add the prior indeterminate minimum time owed, if any, and add the date received. To compute the second PE, subtract the jail time from the new indeterminate minimum term; then add the prior indeterminate minimum time owed, if any, and add the date received.

Compute the Maximum Expiration dates twice; compare them and whichever is longer controls. To compute the first ME, subtract the jail time from the determinate term; then add the prior indeterminate minimum time owed, if any, and add the date received. To compute the second ME, subtract the jail time from the new indeterminate maximum term; then add the prior indeterminate maximum time owed, and add the date received.

Compute the good time twice, compare them, and whichever is greater must be subtracted from the controlling Maximum Expiration date.

Add 1/7 of the determinate term to 1/3 of the prior indeterminate maximum time owe.

Add 1/3 of the indeterminate maximum term to 1/3 of the prior indeterminate max time owed.

*Penal Law §70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole, so the CR date is slid back to the PE date and the good time is correspondingly reduced.

# 26: Indeterminate with Subsequent Concurrent Additional Determinate Sentence

Formula for an inmate received with an indeterminate sentence that subsequently received an additional concurrent determinate sentence. To compute the Parole Eligibility date, add 6/7 of the determinate term to the date commenced. Add the indeterminate minimum term to the date received; whichever is longer controls. To compute the Maximum Expiration date, add the determinate term to the date commenced. Add the indeterminate maximum term to the date received, and whichever is longer controls. Compute the good time twice; compare them, and whichever is greater must be subtracted from the controlling Maximum Expiration date. The good time on the determinate term is 1/7 of the determinate term. The good time on the indeterminate term is 1/3 of the maximum term. *Penal Law 70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole, so the CR date is slid back to the PE date and the good time is correspondingly reduced.

WARNING! If the client previously received 'Good Time' on his previous sentence s/he will not be given this credit again on that previous sentence. S/he will get 'Good Time' credit on her/his current 'Additional Sentence'.Therefore, please deduct this 'Good Time" and adjust/extend his/her 'Maximum Expiration Date' accordingly.

# 16: CS MEPS

Formula for an indeterminate returned parole violator that is consecutive to prior undischarged sentence and there is no delinquency date.

The good time is 1/3 of the indeterminate maximum term.