Formula for a returned absconder/AWOL with a consecutive new term. Penal Law §70.30 (7) states that the sentence is interrupted when the inmate fails to return from his/her temporary release program and recommences when the inmate is returned.

Formula for a returned absconder/AWOL with no new term: Penal Law 70.30 (7) states that the sentence is interrupted when the inmate fails to return and recommences when the inmate is returned. He may earn jail time for the time he is gone during certain circumstances. Refer to Penal Law §70.30 (7)(a), (b), and (c).

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).

When an inmate is discharged by court order and later returned with a reaffirmation or re-sentence, his/her time is adjusted to reflect the interruption.rnIn the time computation, the date reaffirmed refers to the date the inmate is returned to DOCS custody. If an inmate goes out to court and his/her sentencerncontinues to run, there is no change in the time computation. Penal Law §70.30 (5).

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).

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.

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.

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.

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.

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.