Formula for an inmate received with two or more consecutive sentences. At least one indeterminate and one determinate.To compute the Parole Eligibility date, add 6/7 of the determinate term to the indeterminate minimum.To compute the Maximum Expiration date, add the determinate term to the indeterminate minimum term. Add the indeterminate maximum term 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 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 slid back to the PE date and the good time is correspondingly reduced.

# Category Archives: New York State Sentences

# 21: Determinate Returned Parole Violator with No New Term

Formula for determinate returned parole violator with no new term. To compute the adjusted Maximum Expiration date, start with the prior Maximum Expiration date, subtract the delinquency date and parole jail time and add the date returned. The good time is 1/7 of the time owed before the parole jail time is subtracted. The formula for computer 1/7 is (364 x Y) + (30 x M) + D/7. If the remaining time owed is one year or less, there is no good time and no Conditional Release date.

# 24: Determinate 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 a determinate returned parole violator with a consecutive determinate new term. Parole Eligibility date: Inmates with only determinate sentence(s) do not have parole eligibility dates and are not entitled to a parole board appearance. To compute the Maximum Expiration date, add the determinate term to the prior determinate maximum time owed. The good time is 1/7 of the determinate term plus 1/7 of the prior time owed.

# 25: Determinate Returning Parole Violator with Consecutive Indeterminate Sentence

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 a determinate returned parole violator with a consecutive indeterminate new term. To compute the Conditional Release*, use the controlling Maximum Expiration date. The good time is 1/7 of the determinate time owed 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 slid back to the PE date and the good time is correspondingly reduced.

# 46: Determinate PRS Violator with New Consecutive Determinate Concurrent Indeterminate

Formula for a determinate returned parole violator with a consecutive determinate new term. Parole Eligibility date: Inmates with only determinate sentence(s) do not have parole eligibility dates and are not entitled to a parole board appearance. To compute the Maximum Expiration date, add the determinate term to the prior determinate maximum time owed. The good time is 1/7 of the determinate term plus 1/7 of the prior time owed.

# 47: Determinate PRS Violator with New Concurrent Determinate Concurrent Indeterminate

Formula for a determinate returned parole violator with a consecutive determinate new term. Parole Eligibility date: Inmates with only determinate sentence(s) do not have parole eligibility dates and are not entitled to a parole board appearance. To compute the Maximum Expiration date, add the determinate term to the prior determinate maximum time owed. The good time is 1/7 of the determinate term plus 1/7 of the prior time owed.

# 40/41: Post Release Supervision Violator (PRSV)

(Where Sentence Time Owed PRS)

Formula for a post-release supervision violator that did not receive a new term and was revoked and restored to parole supervision but the sentence time owed is greater than the period of post-release supervision.

For determinate sentenced only: Enter FMAX in the PHT field; leave the ERD, PHD, and PE fields blank.

For determinate and indeterminate mix cases: Do not change the PE, PHD, PHT, or ERD fields.

To compute the adjusted maximum expiration date, subtract the date released from the Maximum Expiration date to arrive at the Sentence Time Owed. Then subtract the Parole Jail Time to arrive at the sentence net time owed. Then add the adjusted post-release supervision maximum expiration date and then subtract the period of post-release supervision to arrive at the adjusted sentence maximum expiration date.

To compute the Adjusted Post-Release Supervision Maximum Expiration date, subtract the Delinquency Date from the Post-Release Supervision Maximum Expiration date (PRSME) to arrive at the post-release supervision time owed. Then add the date restored to parole to arrive at the Adjusted Post-Release Supervision Maximum Expiration date.

# 18: Basic Determinate with Concurrent Indeterminate Sentence

Formula for inmate received with two or more concurrent sentences. At least one indeterminate and one determinate. To compute the Parole Eligibility date, compare 6/7 of the determinate against the indeterminate minimum. The longer controls. To compute the Maximum Expiration date, compare the determinate against the indeterminate maximum term. The longer controls. To compute the Conditional Release*, use 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. Compare the good time, and whichever is greater must be subtracted from the controlling maximum expiration date. *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.

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

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

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

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

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

Parole Eligibility date: Inmates with only determinate sentence(s) do not have Parole Eligiblity dates and are not entitled to a Parole Board appearance.

To compute the time owed, subtract the date of the interruption from the prior Maximum Expiration date.

To compute the Maximum Expiration date, add the determinate term to the prior determinate maximum time owed.

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