S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7871
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal  law,  the  criminal  procedure  law  and  the
   correction  law,  in  relation  to  eliminating mandatory minimums; to
   amend the sentencing reform act of 1995, in relation to the effective-
   ness thereof; to amend chapter 339 of the laws of 1972,  amending  the
   correction  law  and  the  penal  law relating to inmate work release,
   furlough and leave, in relation to the effectiveness thereof; to amend
   chapter 435 of the laws of 1997, amending the military law  and  other
   laws  relating to various provisions, in relation to the effectiveness
   thereof; to amend part E of chapter 62 of the laws of  2003,  amending
   the  correction  law and other laws relating to various provisions, in
   relation to the effectiveness thereof; to amend chapter 3 of the  laws
   of  1995,  amending  the correction law and other laws relating to the
   incarceration fee, in relation to the effectiveness  thereof;  and  to
   repeal certain provisions of the penal law, the criminal procedure law
   and the correction law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 1.05 of the penal law, as  amended
 by chapter 98 of the laws of 2006, is amended to read as follows:
   6.  To [insure the public] PROMOTE COMMUNITY safety by [preventing the
 commission of offenses through the deterrent influence of the  sentences
 authorized,]  SUPPORTING  the  rehabilitation of [those] INDIVIDUALS WHO
 HAVE BEEN convicted, [the promotion of] their successful and  productive
 reentry  and  reintegration  into  society, and [their] confinement ONLY
 when required [in the interests of public protection] IN ACCORDANCE WITH
 SUBDIVISION THREE OF SECTION 60.03 OF THIS CHAPTER.
   § 2. The penal law is amended by adding a new section 60.03 to read as
 follows:
 § 60.03 PRESUMPTION AGAINST SENTENCES OF IMPRISONMENT.
   1. THERE SHALL BE A PRESUMPTION AGAINST SENTENCES OF  IMPRISONMENT  IN
 ALL CASES WHICH MAY BE OVERCOME ONLY IN EXTRAORDINARY CIRCUMSTANCES. THE
 TERM "SENTENCE OF IMPRISONMENT" MEANS ANY SENTENCE OF INCARCERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13462-03-2
 S. 7871                             2
 
   2.  FOR  ANY  FELONY, AN AUTHORIZED SENTENCE INCLUDES A SENTENCE OTHER
 THAN INCARCERATION OR A DEFINITE SENTENCE OF IMPRISONMENT. THE COURT MAY
 FIX SUCH AUTHORIZED SENTENCE FOR ONE YEAR OR LESS.
   3.  (A)  BEFORE  IMPOSING  A SENTENCE OF IMPRISONMENT, THE COURT SHALL
 CONDUCT A HEARING TO DETERMINE WHETHER THE PRESUMPTION AGAINST INCARCER-
 ATION HAS BEEN OVERCOME.
   (I) IN ORDER TO OVERCOME THE PRESUMPTION  AGAINST  INCARCERATION,  THE
 PROSECUTOR  MUST  SHOW, BY CLEAR AND CONVINCING EVIDENCE, THAT THERE ARE
 NO MEANS TO ADDRESS THE UNLAWFUL BEHAVIOR AND PROMOTE  COMMUNITY  SAFETY
 OTHER THAN IMPRISONMENT.
   (II)  AT  THE  HEARING THE COURT SHALL CONSIDER ORAL AND WRITTEN ARGU-
 MENTS, TAKE TESTIMONY  FROM  WITNESSES  OFFERED  BY  EITHER  PARTY,  AND
 CONSIDER  RELEVANT  EVIDENCE  TO  ASSIST  IN  MAKING  ITS DETERMINATION,
 INCLUDING TESTIMONY AND EVIDENCE ADMITTED IN PRIOR  PROCEEDINGS  IN  THE
 SAME CASE. RELIABLE HEARSAY SHALL BE ADMISSIBLE AT SUCH HEARING.  TESTI-
 MONY  OF  WITNESSES  RELATING  TO  PRIOR  BAD ACTS OR CONVICTIONS OF THE
 DEFENDANT SHALL NOT BE CONSIDERED RELEVANT TO THE COURT'S DETERMINATION.
   (III) THE COURT SHALL DETAIL ITS FINDINGS  IN  WRITING,  INCLUDING  AN
 INDIVIDUALIZED FINDING AS TO WHY THE PRESUMPTION HAS BEEN OVERCOME.
   (IV)  IF  THE  COURT  FINDS THAT THE PRESUMPTION HAS BEEN OVERCOME, IT
 SHALL PROCEED TO IMPOSE THE MINIMUM TERM OF  IMPRISONMENT  NECESSARY  TO
 ACHIEVE THE GOALS OF SENTENCING.
   (V)  IF A HEARING IS NOT HELD OR THE PRESUMPTION HAS NOT BEEN OVERCOME
 THE COURT SHALL IMPOSE A NON-INCARCERATORY SENTENCE UNLESS  THE  HEARING
 HAS BEEN WAIVED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   (VI) A DEFENDANT SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF THE COST
 OF THEIR SENTENCE.
   (VII) UPON REQUEST OF THE DEFENDANT, THE COURT SHALL CONDUCT THE HEAR-
 ING  PROMPTLY  AFTER THE RENDERING OF A GUILTY VERDICT OR THE ENTRY OF A
 GUILTY PLEA.
   (B) IN CONSIDERING WHETHER THE PRESUMPTION AGAINST  INCARCERATION  HAS
 BEEN  OVERCOME  AND,  WHERE RELEVANT, WHAT THE APPROPRIATE INCARCERATORY
 SENTENCE SHOULD BE, THE COURT SHALL CONSIDER THE FOLLOWING:
   (I) THE  UNIQUE  HARMS  OF  IMPRISONMENT,  INCLUDING  INTERRUPTION  OF
 DEFENDANT'S  CONNECTIONS  TO FAMILY, EMPLOYMENT, NEEDED PUBLIC BENEFITS,
 HEALTHCARE, AND HOUSING;
   (II) THE FINANCIAL COST OF INCARCERATION TO THE STATE  AND/OR  LOCALI-
 TIES;
   (III)  ANY  MITIGATING  CIRCUMSTANCES THAT BEAR ON THE MANNER IN WHICH
 THE CRIME WAS COMMITTED; AND
   (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT, INCLUDING,
 BUT NOT LIMITED TO:
   (1)  PRESENCE  OF  PHYSICAL  OR  EMOTIONAL  TRAUMA  EITHER  DIRECT  OR
 WITNESSED;
   (2)  NEED  FOR  COMMUNITY-BASED  TREATMENT  TO  ADDRESS SUBSTANCE USE,
 MENTAL HEALTH, AND/OR PHYSICAL HEALTH ISSUES;
   (3) HISTORY OF  LEARNING  DISABILITIES,  BELOW  AVERAGE  IQ,  ACADEMIC
 DIFFICULTY, OR PHYSICAL DISABILITY;
   (4) HISTORY OF FAMILIAL DISRUPTION SUCH AS DIVORCE, DOMESTIC VIOLENCE,
 SEXUAL  ABUSE,  ASSAULT,  DRUG  OR  ALCOHOL ABUSE, OR INVOLVEMENT IN THE
 CRIMINAL LEGAL SYSTEM;
   (5) AGE;
   (6) POTENTIAL IMMIGRATION CONSEQUENCES OF SENTENCE;
   (7) LACK OF PRIOR CRIMINAL RECORD;
   (8) HISTORY OF EMPLOYMENT;
   (9) LACK OF STABLE HOUSING, EDUCATION, OR FINANCIAL INSTABILITY;
 S. 7871                             3
 
   (10) VULNERABILITY TO ABUSE IN  PRISON,  INCLUDING  EVIDENCE  OF  PAST
 VICTIMIZATION; AND
   (11) THE FACTORS SET FORTH IN SUBDIVISION ONE OF SECTION 60.12 OF THIS
 TITLE.
   (C) THE COURT SHALL NOT CONSIDER OR DRAW ANY NEGATIVE INFERENCE FROM A
 DEFENDANT'S SILENCE OR FAILURE TO EXPRESS REMORSE.
   4.  IF  A DEFENDANT TESTIFIES AT THE HEARING, SUCH TESTIMONY SHALL NOT
 BE ADMISSIBLE IN ANY SUBSEQUENT PROCEEDING.
   5. A DEFENDANT MAY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS  UNDER
 THIS SECTION.
   § 3. Subdivision 1 of section 380.50 of the criminal procedure law, as
 amended  by  chapter  307  of  the  laws  of 1992, is amended to read as
 follows:
   1. THE COURT SHALL IMPOSE SENTENCE IN ACCORDANCE WITH  THE  PROCEDURES
 SET  FORTH IN SECTION 60.03 OF THE PENAL LAW. At the time of pronouncing
 sentence, the court must accord the prosecutor an opportunity to make  a
 statement  with  respect  to  any  matter  relevant  to  the question of
 sentence. The court must then accord counsel for the defendant an oppor-
 tunity to speak on behalf of the defendant.  The defendant also has  the
 right  to  make  a  statement  personally  in his or her own behalf, and
 before pronouncing sentence the court must ask the defendant whether  he
 or she wishes to make such a statement.
   §  4. Paragraph (a) of subdivision 3 of section 390.30 of the criminal
 procedure law, as added by chapter 14 of the laws of 1985, is amended to
 read as follows:
   (a) The report of the pre-sentence investigation must contain an anal-
 ysis of as much of the information gathered in the investigation as  the
 agency  that  conducted the investigation deems relevant to the question
 of sentence. The report must also include any other [imformation] INFOR-
 MATION that the court directs to be included and the  material  required
 by  paragraph  (b) of this subdivision which shall be considered part of
 the report.  THE REPORT SHALL INCLUDE AN ANALYSIS OF THE  ACTUAL  FINAN-
 CIAL  COST OF INCARCERATION TO THE STATE AND/OR LOCALITIES OF THE POTEN-
 TIAL SENTENCES THAT MAY BE IMPOSED.
   § 5. Paragraph (a) of subdivision 2 of section 390.50 of the  criminal
 procedure  law, as amended by chapter 31 of the laws of 2019, is amended
 to read as follows:
   (a) Not less than one court day prior to sentencing, unless such  time
 requirement  is  waived by the parties, the pre-sentence report or memo-
 randum shall be made available by the  court  for  examination  and  for
 copying  AND  RETENTION  by  the  defendant's  attorney,  the  defendant
 himself, [if he has no attorney,]  and  the  prosecutor.  THE  DEFENDANT
 SHALL  BE  GIVEN  AN  OPPORTUNITY  TO  CHALLENGE  OR CORRECT ANY FACT OR
 CONCLUSION IN THE PRE-SENTENCE REPORT OR MEMORANDUM PRIOR TO THE COURT'S
 PRONOUNCEMENT OF SENTENCE AND NO LATER THAN AT THE HEARING CONDUCTED  IN
 ACCORDANCE  WITH SUBDIVISION THREE OF SECTION 60.03 OF THE PENAL LAW. In
 its discretion, the court may except from disclosure a part or parts  of
 the  report or memoranda which are not relevant to a proper sentence, or
 a diagnostic opinion which might seriously disrupt a program of rehabil-
 itation, or sources of information which have been obtained on a promise
 of confidentiality, or any other portion thereof,  disclosure  of  which
 would  not  be  in the interest of justice. In all cases where a part or
 parts of the report or memoranda are  not  disclosed,  the  court  shall
 state  for  the  record  that a part or parts of the report or memoranda
 have been excepted and the reasons for its action.  The  action  of  the
 court  excepting  information from disclosure shall be subject to appel-
 S. 7871                             4
 
 late review. The pre-sentence report shall  be  made  available  by  the
 court  for  examination and copying in connection with any appeal in the
 case, including an appeal under this subdivision. Upon written  request,
 the court shall make a copy of the presentence report, other than a part
 or parts of the report redacted by the court pursuant to this paragraph,
 available  to  the defendant for use before the parole board for release
 consideration or an appeal of a parole board determination or an  appli-
 cation  for  resentencing  pursuant  to section 440.46 or 440.47 of this
 chapter. [In his or her written request to the court the defendant shall
 affirm that he or she anticipates an appearance before the parole  board
 or  intends  to file an administrative appeal of a parole board determi-
 nation or meets the eligibility criteria  for  and  intends  to  file  a
 motion  for  resentencing  pursuant  to  440.46  of  this chapter or has
 received notification from the court which received his or  her  request
 to  apply  for  resentencing  pursuant to section 440.47 of this chapter
 confirming that he or she is  eligible  to  submit  an  application  for
 resentencing  pursuant  to  section  440.47  of this chapter.] The court
 shall respond to the defendant's written request within twenty days from
 receipt of the defendant's written request.
   § 6. Section 70.00 of the penal law, the section heading as amended by
 chapter 277 of the laws of 1973, subdivision 1 as amended by  chapter  7
 of  the  laws of 2007, subdivisions 2, 3 and 4 as amended by chapter 738
 of the laws of 2004, paragraph (a) of subdivision 3 as amended by  chap-
 ter  107 and paragraph (b) of subdivision 3 as amended by chapter 746 of
 the laws of 2006, subdivision 5 as amended by section 40-a of  part  WWW
 of chapter 59 of the laws of 2017, and subdivision 6 as amended by chap-
 ter 1 of the laws of 1998, is amended to read as follows:
 § 70.00 Sentence of imprisonment for felony.
   1.  Indeterminate  sentence.  Except as provided in subdivisions THREE
 AND four[, five and six] of this section or section 70.80 of this  arti-
 cle, [a] THE TERM OF sentence [of imprisonment] for a felony, other than
 a felony defined in article two hundred twenty or two hundred twenty-one
 of  this chapter, shall be FIXED BY THE COURT IN ACCORDANCE WITH SECTION
 60.03 OF THIS TITLE. IF A COURT FINDS THAT SENTENCE OF  IMPRISONMENT  OF
 MORE  THAN  ONE  YEAR  IS  THE MINIMUM TERM OF IMPRISONMENT NECESSARY TO
 ACHIEVE THE GOALS OF SENTENCING, THE COURT SHALL IMPOSE an indeterminate
 sentence. When such a sentence is imposed,  the  court  shall  impose  a
 maximum  term  in  accordance  with the provisions of subdivision two of
 this section [and  the  minimum  period  of  imprisonment  shall  be  as
 provided  in  subdivision  three  of this section].   THE MINIMUM PERIOD
 SHALL BE FIXED BY THE COURT AND SPECIFIED IN THE SENTENCE AND  SHALL  BE
 NOT  LESS  THAN  ONE  YEAR  NOR  MORE THAN ONE-THIRD OF THE MAXIMUM TERM
 IMPOSED, OR THE COURT MAY IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT AND
 FIX A TERM OF ONE YEAR OR LESS.
   2. Maximum term of sentence. The  maximum  term  of  an  indeterminate
 sentence  shall  be  at least three years and the term shall be fixed as
 follows:
   (a) For a class A felony, the term shall be life imprisonment;
   (b) For a class B felony, the term shall be fixed by  the  court,  and
 shall not exceed twenty-five years;
   (c)  For  a  class C felony, the term shall be fixed by the court, and
 shall not exceed fifteen years;
   (d) For a class D felony, the term shall be fixed by  the  court,  and
 shall not exceed seven years; and
   (e)  For  a  class E felony, the term shall be fixed by the court, and
 shall not exceed four years.
 S. 7871                             5
 
   3. [Minimum period of imprisonment. The minimum period of imprisonment
 under an indeterminate sentence shall be at least one year and shall  be
 fixed as follows:
   (a) In the case of a class A felony, the minimum period shall be fixed
 by the court and specified in the sentence.
   (i) For a class A-I felony, such minimum period shall not be less than
 fifteen  years  nor more than twenty-five years; provided, however, that
 (A) where a sentence, other than a sentence of death or  life  imprison-
 ment  without parole, is imposed upon a defendant convicted of murder in
 the first degree as defined in section 125.27 of this chapter such mini-
 mum period shall be not less than twenty years nor more than twenty-five
 years, and, (B) where a sentence is imposed upon a  defendant  convicted
 of murder in the second degree as defined in subdivision five of section
 125.25  of  this chapter or convicted of aggravated murder as defined in
 section 125.26 of this chapter, the sentence shall be life  imprisonment
 without  parole,  and,  (C) where a sentence is imposed upon a defendant
 convicted of attempted murder in the first degree as defined in  article
 one  hundred  ten of this chapter and subparagraph (i), (ii) or (iii) of
 paragraph (a) of subdivision one and paragraph (b) of subdivision one of
 section 125.27 of this chapter or attempted aggravated murder as defined
 in article one hundred ten of this chapter and section  125.26  of  this
 chapter such minimum period shall be not less than twenty years nor more
 than forty years.
   (ii)  For  a  class A-II felony, such minimum period shall not be less
 than three years nor more than eight years four months, except that  for
 the  class A-II felony of predatory sexual assault as defined in section
 130.95 of this chapter or the class  A-II  felony  of  predatory  sexual
 assault  against  a  child as defined in section 130.96 of this chapter,
 such minimum period shall be not less than ten years nor more than twen-
 ty-five years.
   (b) For any other felony, the minimum period shall  be  fixed  by  the
 court  and specified in the sentence and shall be not less than one year
 nor more than one-third of the maximum term imposed.
   4. Alternative definite sentence for class D and E  felonies.  When  a
 person,  other than a second or persistent felony offender, is sentenced
 for a class D or class E felony, and the court,  having  regard  to  the
 nature  and  circumstances of the crime and to the history and character
 of the defendant, is of the opinion that a sentence of  imprisonment  is
 necessary  but  that it would be unduly harsh to impose an indeterminate
 or determinate sentence, the court may impose  a  definite  sentence  of
 imprisonment and fix a term of one year or less.
   5.]  Life  imprisonment  without  parole.  Notwithstanding  any  other
 provision of law, a defendant sentenced  to  life  imprisonment  without
 parole  shall  not  be  or  become  eligible  for  parole or conditional
 release. For purposes of commitment and custody, other than  parole  and
 conditional  release,  such sentence shall be deemed to be an indetermi-
 nate sentence. A defendant may be sentenced to life imprisonment without
 parole upon conviction for the crime of murder in the  first  degree  as
 defined  in  section  125.27  of this chapter and in accordance with the
 procedures provided by law for imposing a sentence  for  such  crime.  A
 defendant  who  was  eighteen  years  of age or older at the time of the
 commission of the crime must be sentenced to life  imprisonment  without
 parole  upon conviction for the crime of terrorism as defined in section
 490.25 of this  chapter,  where  the  specified  offense  the  defendant
 committed  is  a class A-I felony; the crime of criminal possession of a
 chemical weapon or biological weapon in the first degree as  defined  in
 S. 7871                             6
 
 section 490.45 of this chapter; or the crime of criminal use of a chemi-
 cal  weapon  or  biological  weapon  in  the  first degree as defined in
 section 490.55 of this chapter; provided, however, that nothing in  this
 subdivision  shall  preclude  or  prevent  a  sentence of death when the
 defendant is also convicted of the crime of murder in the  first  degree
 as defined in section 125.27 of this chapter. A defendant who was seven-
 teen  years of age or younger at the time of the commission of the crime
 may be sentenced, in accordance with law, to the  applicable  indetermi-
 nate sentence with a maximum term of life imprisonment. A defendant must
 be sentenced to life imprisonment without parole upon conviction for the
 crime  of  murder in the second degree as defined in subdivision five of
 section 125.25 of this chapter or for the crime of aggravated murder  as
 defined  in subdivision one of section 125.26 of this chapter. A defend-
 ant may be sentenced to life imprisonment without parole upon conviction
 for the crime of aggravated murder as  defined  in  subdivision  two  of
 section 125.26 of this chapter.
   [6.]  4. Determinate sentence. [Except as provided in subdivision four
 of this section and subdivisions two and four of  section  70.02,  when]
 WHEN  a  person  is  sentenced  as a violent felony offender pursuant to
 section 70.02 [or as  a  second  violent  felony  offender  pursuant  to
 section  70.04  or  as  a  second  felony offender on a conviction for a
 violent felony offense pursuant to section 70.06] OF THIS  ARTICLE,  the
 SENTENCE SHALL BE FIXED BY THE court IN ACCORDANCE WITH SECTION 60.03 OF
 THIS  TITLE.  IF  A  COURT FINDS THAT A SENTENCE OF IMPRISONMENT OF MORE
 THAN ONE YEAR IS THE MINIMUM TERM OF IMPRISONMENT NECESSARY  TO  ACHIEVE
 THE GOALS OF SENTENCING, THE COURT must impose a determinate sentence of
 imprisonment  in  accordance  with  the provisions of such [sections and
 such sentence shall include, as a part thereof, a period of post-release
 supervision in accordance with section 70.45] SECTION.
   § 7. Subdivision d of section 74 of chapter 3 of  the  laws  of  1995,
 enacting  the sentencing reform act of 1995, as amended by section 19 of
 part A of chapter 55 of the laws of 2021, is amended to read as follows:
   d. Sections one-a [through], ONE-B, TWO, FOUR THROUGH  EIGHT,  ELEVEN,
 TWELVE,  twenty,  twenty-four through twenty-eight, thirty through thir-
 ty-nine, forty-two and forty-four of this act shall be  deemed  repealed
 on September 1, 2023;
   §  8.  Subdivisions  2  and  4  of  section 70.02 of the penal law are
 REPEALED and subdivision 3, as amended by chapter 765  of  the  laws  of
 2005,  paragraphs  (b)  and  (c)  as amended by chapter 1 of the laws of
 2013, is amended to read as follows:
   [3.] 2 Term of sentence. The term [of a determinate  sentence]  for  a
 violent  felony  offense  must  be fixed by the court IN ACCORDANCE WITH
 SECTION 60.03 OF THIS TITLE.  IF A COURT FINDS THAT A SENTENCE OF IMPRI-
 SONMENT OF MORE THAN ONE YEAR IS THE MINIMUM TERM OF IMPRISONMENT NECES-
 SARY TO ACHIEVE THE GOALS OF SENTENCING, THE COURT SHALL IMPOSE A DETER-
 MINATE SENTENCE as follows:
   (a) For a class B felony, the term must be at least [five  years]  ONE
 YEAR  and must not exceed twenty-five years, provided, however, that the
 term [must be]:  (i) [at least ten years and]  must  not  exceed  thirty
 years  where  the sentence is for the crime of aggravated assault upon a
 police officer or peace officer as defined in  section  120.11  of  this
 chapter;  and (ii) [at least ten years and] must not exceed thirty years
 where the sentence is for the crime of aggravated  manslaughter  in  the
 first degree as defined in section 125.22 of this chapter;
   (b)  For  a  class C felony, the term must be at least [three and one-
 half years] ONE YEAR and must not exceed fifteen years, provided, howev-
 S. 7871                             7
 
 er, that the term [must be]: (i) [at least seven  years  and]  must  not
 exceed  twenty  years  where the sentence is for the crime of aggravated
 manslaughter in the second degree as defined in section 125.21  of  this
 chapter;  (ii)  [at  least seven years and] must not exceed twenty years
 where the sentence is for the crime of attempted aggravated assault upon
 a police officer or peace officer as defined in section 120.11  of  this
 chapter;  (iii)  [at least three and one-half years and] must not exceed
 twenty years where the sentence is for the crime of aggravated criminal-
 ly negligent homicide as defined in section 125.11 of this chapter;  and
 (iv)  [at  least five years and] must not exceed fifteen years where the
 sentence is imposed for the crime of aggravated criminal possession of a
 weapon as defined in section 265.19 of this chapter;
   (c) For a class D felony, the term must be at least  [two  years]  ONE
 YEAR  and  must not exceed seven years, provided, however, that the term
 [must be]: (i) [at least two years and]  must  not  exceed  eight  years
 where  the  sentence  is  for  the crime of menacing a police officer or
 peace officer as defined in section 120.18 of this chapter; and (ii) [at
 least three and one-half years and] must not exceed  seven  years  where
 the sentence is imposed for the crime of criminal possession of a weapon
 in  the  third degree as defined in subdivision ten of section 265.02 of
 this chapter; AND
   (d) For a class E felony, the term must be at least one [and  one-half
 years] YEAR and must not exceed four years.
   §  9.   Sections 60.06, 60.07, 60.11-a, 70.04, 70.06, 70.07, 70.08 and
 70.10 of the penal law are REPEALED.
   § 10. Subdivisions 1 and 3 of section 70.05 of the penal law, subdivi-
 sion 1 as amended by chapter 615 of the laws of 1984, subdivision  3  as
 added by chapter 481 of the laws of 1978, paragraph (a) of subdivision 3
 as  amended  by  chapter  174  of  the laws of 2003 and paragraph (c) of
 subdivision 3 as amended by chapter 435 of the laws of 1998, are amended
 to read as follows:
   1. Indeterminate sentence. A sentence of  imprisonment  for  a  felony
 committed  by a juvenile offender shall be FIXED BY THE COURT IN ACCORD-
 ANCE WITH SECTION 60.03 OF THIS TITLE. IF A COURT FINDS THAT A  SENTENCE
 OF  IMPRISONMENT  OF MORE THAN ONE YEAR IS THE MINIMUM TERM OF IMPRISON-
 MENT NECESSARY TO ACHIEVE THE  GOALS  OF  SENTENCING,  THE  COURT  SHALL
 IMPOSE  an indeterminate sentence.  When such a sentence is imposed, the
 court shall impose a maximum term in accordance with the  provisions  of
 subdivision  two  of this section and the minimum period of imprisonment
 shall be as provided in subdivision three of  this  section.  The  court
 shall  further provide that where a juvenile offender is under placement
 pursuant to article three of the family court act, any sentence  imposed
 pursuant  to  this section which is to be served consecutively with such
 placement shall be served in a facility designated pursuant to  subdivi-
 sion  four  of  section  70.20  of  this article prior to service of the
 placement in any previously designated facility.
   3. Minimum period of imprisonment. The minimum period of  imprisonment
 under  an  indeterminate  sentence  for a juvenile offender shall be NOT
 LESS THAN ONE YEAR NOR MORE THAN ONE-THIRD OF THE MAXIMUM  TERM  IMPOSED
 AND specified in the sentence as follows:
   (a) For the class A felony of murder in the second degree, the minimum
 period  of  imprisonment  shall  be fixed by the court and shall [be not
 less than five years but shall] not exceed nine years provided, however,
 that where the sentence is for an offense specified in  subdivision  one
 or  two of section 125.25 of this chapter and the defendant was fourteen
 or fifteen years old at the time of such offense, the minimum period  of
 S. 7871                             8
 
 imprisonment shall [be not less than seven and one-half years but shall]
 not exceed fifteen years;
   (b)  For  the  class A felony of arson in the first degree, or for the
 class A felony of kidnapping in the first degree, the minimum period  of
 imprisonment  shall  be  fixed  by the court and shall [be not less than
 four years but shall] not exceed six years; and
   (c) For a class B, C or D felony, the minimum period  of  imprisonment
 shall be fixed by the court at one-third of the maximum term imposed.
   §  11.  Subdivision 1 of section 70.15 of the penal law, as amended by
 section 1 of part OO of chapter 55 of the laws of 2019,  is  amended  to
 read as follows:
   1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
 misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
 imposed the term shall be fixed by the court, IN ACCORDANCE WITH SECTION
 60.03 OF THIS TITLE, and shall not exceed three hundred sixty-four days.
   §  12.  Paragraph  (a)  of subdivision 1 of section 70.20 of the penal
 law, as amended by section 124 of subpart B of part C of chapter  62  of
 the laws of 2011, is amended to read as follows:
   (a)  Indeterminate  or  determinate  sentence.  Except  as provided in
 subdivision four of this section, when an indeterminate  or  determinate
 sentence  of imprisonment is imposed, the court shall commit the defend-
 ant to the custody of the state department of corrections and  community
 supervision  for  the  term of his or her sentence and until released in
 accordance with the law[; provided, however, that a defendant  sentenced
 pursuant to subdivision seven of section 70.06 shall be committed to the
 custody of the state department of corrections and community supervision
 for  immediate  delivery  to  a reception center operated by the depart-
 ment].
   § 13. Section 70.25 of the penal law, subdivision  1  as  amended  and
 subdivision 5 as added by chapter 372 of the laws of 1981, paragraph (a)
 of  subdivision 1, subdivision 2-b, and paragraphs (a) and (b) of subdi-
 vision 5 as amended by chapter 3 of the laws of 1995, subdivision  2  as
 amended by chapter 56 of the laws of 1984, subdivision 2-a as amended by
 chapter  495  of  the laws of 2009, subdivisions 2-c and 2-d as added by
 chapter 795 of the laws of 1986, subdivision 2-e as added by chapter 122
 of the laws of 1996, subdivision 2-f as added by chapter 1 of  the  laws
 of 2000, subdivision 2-g as added by chapter 394 of the laws of 2005 and
 subdivision 4 as added by chapter 782 of the laws of 1975, is amended to
 read as follows:
 § 70.25 Concurrent and consecutive terms of imprisonment.
   1.  Except  as  provided in [subdivisions] SUBDIVISION two[, two-a and
 five] of this section,  when  multiple  sentences  of  imprisonment  are
 imposed on a person at the same time, or when a person who is subject to
 any  undischarged  term  of imprisonment imposed at a previous time by a
 court of this state is sentenced to an additional term of  imprisonment,
 the  sentence or sentences imposed by the court shall run either concur-
 rently or consecutively with respect to each other and the  undischarged
 term  or  terms  in  such  manner  as  the  court directs at the time of
 sentence. If the court does not specify the manner in which  a  sentence
 imposed by it is to run, the sentence shall run as follows:
   (a)  An  indeterminate  or determinate sentence shall run concurrently
 with all other terms; and
   (b) A definite sentence shall  run  concurrently  with  [any  sentence
 imposed at the same time and shall be consecutive to any other term] ALL
 OTHER TERMS.
 S. 7871                             9
 
   2.  When more than one sentence of imprisonment is imposed on a person
 for two or more offenses committed through a single act or omission,  or
 through  an  act  or  omission  which  in  itself constituted one of the
 offenses and also was a material element of the  other,  the  sentences,
 except  if  one  or more of such sentences is for a violation of section
 270.20 of this chapter, must run concurrently.
   [2-a. When an indeterminate or determinate sentence of imprisonment is
 imposed pursuant to section 70.04, 70.06, 70.07, 70.08, 70.10,  subdivi-
 sion  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,  or
 is  imposed  for  a  class  A-I felony pursuant to section 70.00 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.
   2-b. When a person is convicted of a violent felony offense  committed
 after  arraignment  and  while  released  on  recognizance  or bail, but
 committed prior to the  imposition  of  sentence  on  a  pending  felony
 charge,  and if an indeterminate or determinate sentence of imprisonment
 is imposed  in  each  case,  such  sentences  shall  run  consecutively.
 Provided, however, that the court may, in the interest of justice, order
 a  sentence  to  run  concurrently  in  a  situation  where  consecutive
 sentences are required by this subdivision if it finds either mitigating
 circumstances that bear directly upon the manner in which the crime  was
 committed  or,  where  the defendant was not the sole participant in the
 crime, the defendant's participation was relatively minor  although  not
 so  minor  as  to constitute a defense to the prosecution. The defendant
 and the district attorney shall have an opportunity to present  relevant
 information  to  assist  the  court in making this determination and the
 court may, in its discretion, conduct a  hearing  with  respect  to  any
 issue  bearing  upon  such  determination.  If the court determines that
 consecutive sentences should not be ordered, it shall make  a  statement
 on  the  record  of the facts and circumstances upon which such determi-
 nation is based.
   2-c. When a person is convicted of bail jumping in the  second  degree
 as  defined  in  section  215.56  or bail jumping in the first degree as
 defined in section 215.57 committed after arraignment and while released
 on recognizance or bail in  connection  with  a  pending  indictment  or
 information  charging  one or more felonies, at least one of which he is
 subsequently convicted, and if an indeterminate sentence of imprisonment
 is imposed  in  each  case,  such  sentences  shall  run  consecutively.
 Provided, however, that the court may, in the interest of justice, order
 a  sentence  to  run  concurrently  in  a  situation  where  consecutive
 sentences are required  by  this  subdivision  if  it  finds  mitigating
 circumstances  that bear directly upon the manner in which the crime was
 committed. The defendant and the district attorney shall have an  oppor-
 tunity  to  present  relevant  information to assist the court in making
 this determination and the court may, in its discretion, conduct a hear-
 ing with respect to any issue bearing upon such  determination.  If  the
 court  determines  that  consecutive sentences should not be ordered, it
 shall make a statement on the record of the facts and circumstances upon
 which such determination is based.
   2-d. When a person is convicted of escape  in  the  second  degree  as
 defined  in  section  205.10 or escape in the first degree as defined in
 section 205.15 committed after issuance of a securing order, as  defined
 in  subdivision five of section 500.10 of the criminal procedure law, in
 S. 7871                            10

 connection with a pending indictment or information charging one or more
 felonies, at least one of which he is subsequently convicted, and if  an
 indeterminate  sentence  of  imprisonment  is imposed in each case, such
 sentences  shall  run  consecutively.  Provided, however, that the court
 may, in the interest of justice, order a sentence to run concurrently in
 a situation where consecutive sentences are required by this subdivision
 if it finds mitigating circumstances that bear directly upon the  manner
 in  which the crime was committed. The defendant and the district attor-
 ney shall have an opportunity to present relevant information to  assist
 the  court  in  making  this  determination  and  the  court may, in its
 discretion, conduct a hearing with respect to  any  issue  bearing  upon
 such  determination.  If the court determines that consecutive sentences
 should not be ordered, it shall make a statement on the  record  of  the
 facts and circumstances upon which such determination is based.
   2-e.]  2-A. Whenever a person is convicted of course of sexual conduct
 against a child in the first degree as  defined  in  section  130.75  or
 course of sexual conduct against a child in the second degree as defined
 in  section  130.80 and any other crime under article one hundred thirty
 committed against the same child and within  the  period  charged  under
 section 130.75 or 130.80, the sentences must run concurrently.
   [2-f.]  2-B.  Whenever  a  person  is  convicted of facilitating a sex
 offense with a controlled substance as defined in section 130.90 of this
 chapter, the sentence imposed by the  court  for  such  offense  may  be
 ordered  to run consecutively to any sentence imposed upon conviction of
 an offense defined in article one hundred thirty of this chapter arising
 from the same criminal transaction.
   [2-g.] 2-C. Whenever a person is convicted of unlawful manufacture  of
 methamphetamine in the third degree as defined in section 220.73 of this
 chapter, unlawful manufacture of methamphetamine in the second degree as
 defined  in  section  220.74 of this chapter, or unlawful manufacture of
 methamphetamine in the first degree as defined in section 220.75 of this
 chapter, or any attempt to commit any of such offenses, and such  person
 is also convicted, with respect to such unlawful methamphetamine labora-
 tory,  of  unlawful  disposal  of methamphetamine laboratory material as
 defined in section 220.76  of  this  chapter,  the  sentences  must  run
 concurrently.
   3.  Where  consecutive  definite  sentences  of  imprisonment  are not
 prohibited by subdivision two of this  section  and  are  imposed  on  a
 person  for  offenses which were committed as parts of a single incident
 or transaction, the aggregate of the terms of such sentences  shall  not
 exceed one year.
   4. When a person, who is subject to any undischarged term of imprison-
 ment  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,  the  sentence  or  sentences  imposed by the court of this
 state, subject to the provisions of subdivisions one, two and  three  of
 this  section,  shall  run  either  concurrently  or  consecutively with
 respect to such undischarged term in such manner as the court directs at
 the time of sentence. If the court of this state does  not  specify  the
 manner  in  which  a  sentence  imposed by it is to run, the sentence or
 sentences shall run [consecutively] CONCURRENTLY.
   [5. (a) Except as provided in paragraph (c) of this subdivision,  when
 a  person  is  convicted  of assault in the second degree, as defined in
 subdivision seven of section 120.05 of this chapter, any definite, inde-
 terminate or determinate term of imprisonment which may be imposed as  a
 sentence  upon  such  conviction  shall run consecutively to any undisc-
 S. 7871                            11

 harged term of imprisonment to which the defendant was subject  and  for
 which he was confined at the time of the assault.
   (b)  Except  as  provided in paragraph (c) of this subdivision, when a
 person is convicted of assault in  the  second  degree,  as  defined  in
 subdivision seven of section 120.05 of this chapter, any definite, inde-
 terminate  or determinate term of imprisonment which may be imposed as a
 sentence upon such conviction shall run consecutively  to  any  term  of
 imprisonment  which was previously imposed or which may be prospectively
 imposed where the person was confined within a detention facility at the
 time of the assault upon a charge which culminated in such  sentence  of
 imprisonment.
   (c)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
 subdivision, a term of imprisonment imposed upon a conviction to assault
 in the second degree as defined in subdivision seven of  section  120.05
 of  this chapter may run concurrently to any other term of imprisonment,
 in the interest of justice, provided the court sets forth in the  record
 its  reasons for imposing a concurrent sentence. Nothing in this section
 shall require the imposition of a sentence of imprisonment where  it  is
 not otherwise required by law.]
   §  14. Paragraphs (a) and (f) of subdivision 1 of section 70.30 of the
 penal law, paragraph (a) as amended by chapter 3 of the laws of 1995 and
 paragraph (f) as added by chapter 481 of the laws of 1978 and as  relet-
 tered by chapter 3 of the laws of 1995, are amended to read as follows:
   (a) If the sentences run concurrently, the time served under imprison-
 ment  on  any of the sentences shall be credited against the minimum AND
 MAXIMUM periods  of  all  the  concurrent  indeterminate  sentences  and
 against the terms of all the concurrent determinate sentences. The maxi-
 mum  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;
   (f) The aggregate maximum term of consecutive sentences imposed upon a
 juvenile  offender for two or more crimes, not including a class A felo-
 ny, committed before he has reached the age of  sixteen,  shall,  if  it
 exceeds  ten years, be deemed to be ten years. If consecutive indetermi-
 nate 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 felo-
 ny 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  consec-
 utive  sentences is reduced by a calculation made pursuant to this para-
 graph, the aggregate minimum  period  of  imprisonment,  if  it  exceeds
 [one-half]  ONE-THIRD of the aggregate maximum term as so reduced, shall
 be deemed to be [one-half] ONE-THIRD of the aggregate maximum term as so
 reduced.
   § 15. Section 10 of chapter 339 of the  laws  of  1972,  amending  the
 correction  law  and  the  penal  law  relating  to inmate work release,
 furlough and leave, as amended by section 6 of part A of chapter  55  of
 the laws of 2021, is amended to read as follows:
   §  10. This act shall take effect 30 days after it shall have become a
 law and SECTIONS ONE THROUGH EIGHT shall remain in effect until  Septem-
 ber  1, 2023, and provided further that the commissioner of correctional
 services shall report each January first, and July first, to the  chair-
 man  of  the  senate  crime victims, crime and correction committee, the
 senate codes committee,  the  assembly  correction  committee,  and  the
 assembly codes committee, the number of eligible inmates in each facili-
 ty  under  the  custody and control of the commissioner who have applied
 S. 7871                            12
 
 for participation in any program offered under the  provisions  of  work
 release,  furlough,  or  leave,  and the number of such inmates who have
 been approved for participation.
   §  16.  Section 70.35 of the penal law, as amended by section 127-a of
 subpart B of part C of chapter 62 of the laws of  2011,  is  amended  to
 read as follows:
 §  70.35 Merger  of  certain  definite  and indeterminate or determinate
            sentences.
   The service of an indeterminate or determinate sentence  of  imprison-
 ment  shall  satisfy  any definite sentence of imprisonment imposed on a
 person for an offense committed prior to the time the  indeterminate  or
 determinate  sentence  was imposed, [except as provided in paragraph (b)
 of subdivision five of section 70.25 of this article]. A person  who  is
 serving  a definite sentence at the time an indeterminate or determinate
 sentence is imposed shall be delivered  to  the  custody  of  the  state
 department  of corrections and community supervision to commence service
 of the indeterminate or determinate  sentence  immediately  [unless  the
 person  is  serving  a  definite  sentence  pursuant to paragraph (b) of
 subdivision five of section 70.25 of this article]. In  any  case  where
 the  indeterminate  or  determinate  sentence is revoked or vacated, the
 person shall receive credit against the definite sentence for  each  day
 spent in the custody of the state department of corrections and communi-
 ty supervision.
   § 17. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
 laws of 1997, amending the military law and other laws relating to vari-
 ous  provisions, as amended by section 15 of part A of chapter 55 of the
 laws of 2021, is amended to read as follows:
   a. sections forty-three through [forty-five] FORTY-FOUR  of  this  act
 shall expire and be deemed repealed on September 1, 2023;
   § 18. Subdivisions (f), (g) and (h) of section 15 of part E of chapter
 62  of  the  laws  of  2003,  amending the correction law and other laws
 relating to various provisions, are amended to read as follows:
   (f) the amendments made to subdivision 2 of section 259-c of the exec-
 utive law made by section seven of this act shall not affect the expira-
 tion of such subdivision and shall be deemed to expire therewith; AND
   (g) the amendments to paragraph (a) of subdivision 2 and  subparagraph
 (i) of paragraph (a) and paragraph (d) of subdivision 3 of section 259-i
 of the executive law made by section eleven of this act shall not affect
 the expiration of such paragraph (a) of subdivision 2, such subparagraph
 (i)  of  paragraph (a) and such paragraph (d) of subdivision 3 and shall
 be deemed to expire therewith[; and
   (h) paragraph (c) of subdivision 1 of section 70.40 of the  penal  law
 as  added  by  section  thirteen  of this act shall expire and be deemed
 repealed on the same date as subdivision 6 of section 76 of chapter  435
 of the laws of 1997, as amended].
   §  19. Subdivisions 1, 2, 2-a and 3 of section 70.45 of the penal law,
 subdivision 1 as amended by chapter 141 of the laws of 2008, subdivision
 2 as amended and subdivision 2-a as added by chapter 7 of  the  laws  of
 2007,  paragraphs  (a),  (b),  (c), (d), (e) and (f) of subdivision 2 as
 amended by chapter 31 of the laws of 2019, and subdivision 3 as added by
 chapter 1 of the laws of 1998, are amended to read as follows:
   1. In general. When a court imposes a determinate sentence it shall in
 each case state not only the term of imprisonment,  but  also  an  addi-
 tional period of post-release supervision as determined pursuant to this
 article.  Such  period shall commence as provided in subdivision five of
 this section and a violation of any condition of  supervision  occurring
 S. 7871                            13

 at any time during such period of post-release supervision shall subject
 the  defendant  to a further period of imprisonment up to the balance of
 the remaining period of post-release supervision,  not  to  exceed  five
 years;  provided,  however,  that a defendant serving a term of post-re-
 lease supervision for a conviction of a felony sex offense,  as  defined
 in  section 70.80 of this article, may be subject to a further period of
 imprisonment up to the balance of the remaining period  of  post-release
 supervision.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
 RY, NO PERSON SERVING A PERIOD  OF  POST-RELEASE  SUPERVISION  SHALL  BE
 CONFINED  IN  A CORRECTIONAL FACILITY, INCLUDING A RESIDENTIAL TREATMENT
 FACILITY AS DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THE  CORRECTION
 LAW,  EXCEPT  FOLLOWING A REVOCATION HEARING AS SET FORTH IN SECTION TWO
 HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW. Such maximum limits shall not
 preclude a longer period of further imprisonment for a  violation  where
 the defendant is subject to indeterminate and determinate sentences.
   2.  Period  of  post-release  supervision  for  other  than felony sex
 offenses. The period  of  post-release  supervision  for  a  determinate
 sentence,  other  than  a  determinate sentence imposed for a felony sex
 offense as defined in paragraph (a) of subdivision one of section  70.80
 of this article, shall [be] NOT EXCEED five years except that:
   (a)  such period shall [be] NOT EXCEED one year whenever a determinate
 sentence of imprisonment is  imposed  pursuant  to  subdivision  two  of
 section  70.70  of  this article or subdivision nine of section 60.12 of
 this title upon a conviction of a class D or class E felony offense;
   (b) such period shall be not [less than one year nor]  more  than  two
 years  whenever a determinate sentence of imprisonment is imposed pursu-
 ant to subdivision two of section 70.70 of this article  or  subdivision
 nine  of  section  60.12 of this title upon a conviction of a class B or
 class C felony offense;
   (c) such period shall be not [less than one year nor]  more  than  two
 years  whenever a determinate sentence of imprisonment is imposed pursu-
 ant to [subdivision three or four of section 70.70 of this article  upon
 conviction of a class D or class E felony offense or] subdivision ten of
 section 60.12 of this title;
   (d)  such  period  shall be not [less than one and one-half years nor]
 more than three years whenever a determinate sentence of imprisonment is
 imposed pursuant to [subdivision three or four of section 70.70 of  this
 article  upon  conviction  of a class B felony or class C felony offense
 or] subdivision eleven of section 60.12 of this title;
   (e) such period shall be not [less than one and  one-half  years  nor]
 more than three years whenever a determinate sentence of imprisonment is
 imposed  pursuant  to  subdivision  [three] TWO of section 70.02 of this
 article or subdivision two or eight of section 60.12 of this title  upon
 a  conviction of a class D or class E violent felony offense or subdivi-
 sion four, five, six, or seven of section 60.12 of this title;
   (f) such period shall be not [less than two and  one-half  years  nor]
 more  than five years whenever a determinate sentence of imprisonment is
 imposed pursuant to subdivision [three] TWO of  section  70.02  of  this
 article  or subdivision two or eight of section 60.12 of this title upon
 a conviction of a class B or class C violent felony offense.
   2-a. Periods of post-release supervision for felony sex offenses.  The
 period  of  post-release  supervision for a determinate sentence imposed
 for a felony sex offense as defined in paragraph (a) of subdivision  one
 of section 70.80 of this article shall be as follows:
   (a)  not  [less  than  three years nor] more than ten years whenever a
 determinate sentence of imprisonment is imposed pursuant to  subdivision
 S. 7871                            14
 
 four  of section 70.80 of this article upon a conviction of a class D or
 class E felony sex offense;
   (b)  not [less than five years nor] more than fifteen years whenever a
 determinate sentence of imprisonment is imposed pursuant to  subdivision
 four  of  section  70.80  of this article upon a conviction of a class C
 felony sex offense;
   (c) not [less than five years nor] more than twenty years  whenever  a
 determinate  sentence of imprisonment is imposed pursuant to subdivision
 four of section 70.80 of this article upon a conviction  of  a  class  B
 felony sex offense;
   (d)  not  [less  than  three years nor] more than ten years whenever a
 determinate sentence is imposed pursuant to subdivision [three]  TWO  of
 section  70.02 of this article upon a conviction of a class D or class E
 violent felony sex offense as defined in paragraph  (b)  of  subdivision
 one of section 70.80 of this article;
   (e)  not [less than five years nor] more than fifteen years whenever a
 determinate sentence is imposed pursuant to subdivision [three]  TWO  of
 section  70.02  of  this  article upon a conviction of a class C violent
 felony sex offense as defined in section 70.80 of this article;
   (f) not [less than five years nor] more than twenty years  whenever  a
 determinate  sentence  is imposed pursuant to subdivision [three] TWO of
 section 70.02 of this article upon a conviction of  a  class  B  violent
 felony sex offense as defined in section 70.80 of this article;
   (g)  not [less than five years nor] more than fifteen years whenever a
 determinate sentence of imprisonment  is  imposed  pursuant  to  [either
 section  70.04,  section 70.06, or subdivision five of] section 70.80 of
 this article upon a conviction of a class D or class E violent  or  non-
 violent felony sex offense as defined in section 70.80 of this article;
   (h)  not [less than seven years nor] more than twenty years whenever a
 determinate sentence of imprisonment  is  imposed  pursuant  to  [either
 section  70.04,  section 70.06, or subdivision five of] section 70.80 of
 this article upon a conviction of a class C violent or non-violent felo-
 ny sex offense as defined in section 70.80 of this article; AND
   (i) such period shall be not [less than ten years nor] more than twen-
 ty-five years whenever a determinate sentence of imprisonment is imposed
 pursuant to [either section 70.04, section 70.06,  or  subdivision  five
 of] section 70.80 of this article upon a conviction of a class B violent
 or  non-violent  felony  sex offense as defined in section 70.80 of this
 article[; and
   (j) such period shall be not less than ten years nor more than  twenty
 years  whenever  any  determinate  sentence  of  imprisonment is imposed
 pursuant to subdivision four of section 70.07 of this article].
   3. Conditions of post-release supervision. The board of  parole  shall
 establish  and impose conditions of post-release supervision in the same
 manner and to the same extent as it may establish and impose  conditions
 in accordance with the executive law upon persons who are granted parole
 or  conditional  release[;  provided  that,  notwithstanding  any  other
 provision of law, the board of parole may impose as a condition of post-
 release supervision that for a period not  exceeding  six  months  imme-
 diately  following  release from the underlying term of imprisonment the
 person be transferred to and participate in the programs of  a  residen-
 tial  treatment  facility  as that term is defined in subdivision six of
 section two of the correction law]. Upon  release  from  the  underlying
 term  of  imprisonment,  the  person  shall  be furnished with a written
 statement setting forth the conditions of  post-release  supervision  in
 sufficient detail to provide for the person's conduct and supervision.
 S. 7871                            15

   § 20. Subdivisions 1 and 2 of section 70.70 of the penal law, as added
 by  chapter  738 of the laws of 2004, paragraphs (a) and (b) of subdivi-
 sion 1 and paragraphs (b) and (c) of subdivision 2 as amended by chapter
 92 of the laws of 2021, subparagraph (i) of paragraph (a) of subdivision
 2  as  amended by section 21 and paragraph (d) of subdivision 2 as added
 by section 23 of part AAA of chapter 56 of the laws of 2009, are amended
 to read as follows:
   1. For the purposes of this section, [the following terms shall mean:
   (a) "Felony] "FELONY drug  offender"  means  a  defendant  who  stands
 convicted  of  any  felony, defined in article two hundred twenty or two
 hundred twenty-two of this chapter other than a class A felony.
   [(b) "Second felony drug offender" means a second felony  offender  as
 that  term  is defined in subdivision one of section 70.06 of this arti-
 cle, who stands convicted of any felony, defined in article two  hundred
 twenty  or  two  hundred twenty-two of this chapter other than a class A
 felony.
   (c) "Violent felony" shall have the  same  meaning  as  that  term  is
 defined in subdivision one of section 70.02 of this article.]
   2.  [Except  as provided in subdivision three or four of this section,
 a] (A) TERM OF SENTENCE. THE TERM OF sentence [of  imprisonment]  for  a
 felony  drug  offender  shall  be  FIXED BY THE COURT IN ACCORDANCE WITH
 SECTION 60.03 OF THIS TITLE. IF A COURT FINDS THAT A SENTENCE OF  IMPRI-
 SONMENT OF MORE THAN ONE YEAR IS THE MINIMUM TERM OF IMPRISONMENT NECES-
 SARY TO ACHIEVE THE GOALS OF SENTENCING, THE COURT SHALL IMPOSE a deter-
 minate sentence as provided in paragraph [(a)] (B) of this subdivision.
   [(a)]  (B)  Term of determinate sentence. [Except as provided in para-
 graph (b) or (c) of this subdivision, the court shall impose a] A deter-
 minate term of imprisonment [upon a felony drug offender which] shall be
 imposed by the court in whole or half years, which shall  include  as  a
 part  thereof  a  period  of post-release supervision in accordance with
 section 70.45 of this article. The terms of imprisonment authorized  for
 such determinate sentences are as follows:
   (i)  for  a  class  B felony, the term shall [be at least one year and
 shall] not exceed nine years[, except that for the  class  B  felony  of
 criminal  sale  of  a  controlled substance in or near school grounds as
 defined in subdivision two of section 220.44 of this  chapter  or  on  a
 school bus as defined in subdivision seventeen of section 220.00 of this
 chapter or criminal sale of a controlled substance to a child as defined
 in  section 220.48 of this chapter, the term shall be at least two years
 and shall not exceed nine years];
   (ii) for a class C felony, the term shall [be at least  one  year  and
 shall] not exceed five and one-half years;
   (iii)  for  a class D felony, the term shall [be at least one year and
 shall] not exceed two and one-half years; and
   (iv) for a class E felony, the term shall [be at least  one  year  and
 shall] not exceed one and one-half years.
   [(b)  Probation. Notwithstanding any other provision of law, the court
 may sentence a defendant convicted of a class B, class  C,  class  D  or
 class  E  felony  offense  defined  in article two hundred twenty or two
 hundred twenty-two of this chapter to probation in accordance  with  the
 provisions of sections 60.04 and 65.00 of this chapter.
   (c)  Alternative  definite sentence for class B, class C, class D, and
 class E felonies. If the court, having regard to the nature and  circum-
 stances  of the crime and to the history and character of the defendant,
 is of the opinion that a sentence of imprisonment is necessary but  that
 it  would be unduly harsh to impose a determinate sentence upon a person
 S. 7871                            16

 convicted of a class C, class D or class E  felony  offense  defined  in
 article two hundred twenty or two hundred twenty-two of this chapter, or
 a  class B felony defined in article two hundred twenty of this chapter,
 other than the class B felony defined in section 220.48 of this chapter,
 as  added  by  a  chapter of the laws of two thousand nine the court may
 impose a definite sentence of imprisonment and fix a term of one year or
 less.
   (d) The court may direct that a  determinate  sentence  imposed  on  a
 defendant  convicted  of a class B felony, other than the class B felony
 defined in section 220.48 of this chapter, pursuant to this  subdivision
 be  executed  as  a  sentence  of  parole supervision in accordance with
 section 410.91 of the criminal procedure law.]
   § 21. Subdivisions 3 and 4 of section  70.70  of  the  penal  law  are
 REPEALED.
   §  22.  Section 70.71 of the penal law, as added by chapter 738 of the
 laws of 2004, paragraph (a) of subdivision 2 as amended and  subdivision
 5  as added by section 26 of part AAA of chapter 56 of the laws of 2009,
 is amended to read as follows:
 § 70.71 Sentence of imprisonment for a class A felony drug offender.
   1. For the purposes of this section, the following terms shall mean:
   (a) "Felony drug offender" means a defendant who stands  convicted  of
 any  class  A  felony  as  defined in article two hundred twenty of this
 chapter.
   (b) ["Second felony drug offender" means a second felony  offender  as
 that  term  is defined in subdivision one of section 70.06 of this arti-
 cle, who stands convicted of and is to be  sentenced  for  any  class  A
 felony as defined in article two hundred twenty of this chapter.
   (c)] "Violent felony offense" shall have the same meaning as that term
 is defined in subdivision one of section 70.02 of this article.
   2. Sentence of imprisonment for a first felony drug offender.
   (a)  Applicability.  Except as provided in subdivision three[, four or
 five] of  this  section,  this  subdivision  shall  apply  to  a  person
 convicted  of  a class A felony as defined in article two hundred twenty
 of this chapter.
   (b) Authorized sentence. The TERM OF SENTENCE SHALL BE  FIXED  BY  THE
 COURT  IN  ACCORDANCE WITH SECTION 60.03 OF THIS TITLE. IF A COURT FINDS
 THAT A SENTENCE OF IMPRISONMENT IS  THE  MINIMUM  TERM  OF  IMPRISONMENT
 NECESSARY  TO  ACHIEVE THE GOALS OF SENTENCING, THE court shall impose a
 determinate term of imprisonment which shall be imposed by the court  in
 whole  or  half years and which shall include as a part thereof a period
 of post-release supervision in accordance with  section  70.45  of  this
 article.  The  terms  authorized  for  such determinate sentences are as
 follows:
   (i) for a class A-I felony, the term shall [be at  least  eight  years
 and shall] not exceed twenty years;
   (ii)  for a class A-II felony, the term shall [be at least three years
 and shall] not exceed ten years.
   [(c) Lifetime probation. Notwithstanding any other provision  of  law,
 the  court  may  sentence  a  defendant convicted of a class A-II felony
 defined in article two  hundred  twenty  of  this  chapter  to  lifetime
 probation  in  accordance  with  the provisions of section 65.00 of this
 chapter.]
   3. [Sentence of imprisonment for a second felony drug offender.
   (a) Applicability. This subdivision shall apply  to  a  second  felony
 drug  offender  whose  prior  felony  conviction  or convictions did not
 include one or more violent felony offenses.
 S. 7871                            17

   (b) Authorized sentence. When the court  has  found  pursuant  to  the
 provisions  of  section  400.21  of  the  criminal  procedure law that a
 defendant is a second felony drug offender who  stands  convicted  of  a
 class  A  felony as defined in article two hundred twenty or two hundred
 twenty-one  of  this  chapter,  the  court  shall  impose  a determinate
 sentence of imprisonment. Such determinate sentence shall include  as  a
 part  thereof  a  period  of post-release supervision in accordance with
 section 70.45 of  this  article.  Such  determinate  sentence  shall  be
 imposed by the court in whole or half years as follows:
   (i)  for  a  class A-I felony, the term shall be at least twelve years
 and shall not exceed twenty-four years;
   (ii) for a class A-II felony, the term shall be at least six years and
 shall not exceed fourteen years.
   (c) Lifetime probation. Notwithstanding any other  provision  of  law,
 the  court  may  sentence  a  defendant convicted of a class A-II felony
 defined in article two  hundred  twenty  of  this  chapter  to  lifetime
 probation  in  accordance  with  the provisions of section 65.00 of this
 chapter.
   4. Sentence of imprisonment for a second felony drug  offender  previ-
 ously convicted of a violent felony offense.
   (a)  Applicability.  This  subdivision  shall apply to a second felony
 drug offender whose prior felony conviction was a violent felony.
   (b) Authorized sentence. When the court  has  found  pursuant  to  the
 provisions  of  section  400.21  of  the  criminal  procedure law that a
 defendant is a second felony drug offender whose prior felony conviction
 was a violent felony, who stands  convicted  of  a  class  A  felony  as
 defined  in article two hundred twenty or two hundred twenty-one of this
 chapter, the court shall impose a determinate sentence of  imprisonment.
 Such  determinate  sentence  shall include as a part thereof a period of
 post-release supervision in accordance with section 70.45 of this  arti-
 cle. Such determinate sentence shall be imposed by the court in whole or
 half years as follows:
   (i)  for  a class A-I felony, the term shall be at least fifteen years
 and shall not exceed thirty years;
   (ii) for a class A-II felony, the term shall be at least  eight  years
 and shall not exceed seventeen years.
   5.] Sentence of imprisonment for operating as a major trafficker.
   (a)  Applicability. This subdivision shall apply to a person convicted
 of the class A-I felony of operating as a major trafficker as defined in
 section 220.77 of this chapter.
   (b) Authorized sentence. [Except as provided in paragraph (c) of  this
 subdivision,  the]  THE  TERM OF SENTENCE SHALL BE FIXED IN THE COURT IN
 ACCORDANCE WITH SECTION 60.03 OF THIS TITLE. IF A  COURT  FINDS  THAT  A
 SENTENCE  OF  IMPRISONMENT IS THE MINIMUM TERM OF IMPRISONMENT NECESSARY
 TO ACHIEVE THE GOALS OF SENTENCING, THE court shall impose an indetermi-
 nate term of imprisonment for an A-I  felony,  in  accordance  with  the
 provisions of section 70.00 of this article.
   [(c) Alternative determinate sentence. If a defendant stands convicted
 of  violating  section  220.77 of this chapter, and if the court, having
 regard to the nature and circumstances of the crime and the history  and
 character  of the defendant, is of the opinion that a sentence of impri-
 sonment is necessary but that it would be unduly  harsh  to  impose  the
 indeterminate  sentence  for  a class A-I felony specified under section
 70.00 of this article, the court  may  instead  impose  the  determinate
 sentence of imprisonment authorized by clause (i) of subparagraph (b) of
 subdivision  two  of  this  section for a class A-I drug felony; in such
 S. 7871                            18

 case, the reasons for the court's opinion shall  be  set  forth  on  the
 record.]
   §  23.  Section  70.80  of the penal law, as added by chapter 7 of the
 laws of 2007, paragraph (a) of subdivision 1 as amended by  chapter  368
 of the laws of 2015, is amended to read as follows:
 § 70.80 Sentences  of  imprisonment  for  conviction  of  a  felony  sex
           offense.
   1. Definitions. (a) For the purposes of this section,  a  "felony  sex
 offense" means a conviction of any felony defined in article one hundred
 thirty  of  this  chapter,  including  a  sexually  motivated felony, or
 patronizing a person for prostitution in the first degree as defined  in
 section 230.06 of this chapter, patronizing a person for prostitution in
 the  second  degree as defined in section 230.05 of this chapter, aggra-
 vated patronizing a minor  for  prostitution  in  the  third  degree  as
 defined  in  section  230.11  of  this chapter, aggravated patronizing a
 minor for prostitution in the second degree as defined in section 230.12
 of this chapter, aggravated patronizing a minor for prostitution in  the
 first degree as defined in section 230.13 of this chapter, incest in the
 second degree as defined in section 255.26 of this chapter, or incest in
 the  first  degree  as  defined  in section 255.27 of this chapter, or a
 felony attempt or conspiracy to commit any of the above.
   (b) A felony sex  offense  shall  be  deemed  a  "violent  felony  sex
 offense"  if it is for an offense defined as a violent felony offense in
 section 70.02 of this article, or for a  sexually  motivated  felony  as
 defined in section 130.91 of this chapter where the specified offense is
 a violent felony offense as defined in section 70.02 of this article.
   (c)  [For the purposes of this section, a "predicate felony sex offen-
 der" means a person who stands convicted of any felony  sex  offense  as
 defined  in  paragraph  (a)  of this subdivision, other than a class A-I
 felony, after having previously been subjected to one or more  predicate
 felony  convictions  as  defined  in subdivision one of section 70.06 or
 subdivision one of section 70.04 of this article.
   (d)] For purposes of this section, a "violent felony offense"  is  any
 felony  defined in subdivision one of section 70.02 of this article, and
 a "non-violent felony offense" is any felony not defined therein.
   2. In imposing a sentence within the authorized  statutory  range  for
 any  felony sex offense, the court may consider all relevant factors set
 forth in section 1.05 of this chapter, and in particular,  may  consider
 the  defendant's  criminal history, if any, including any history of sex
 offenses; any mental  illness  or  mental  abnormality  from  which  the
 defendant  may  suffer;  the defendant's ability or inability to control
 his sexual behavior; and, if the defendant  has  difficulty  controlling
 such  behavior, the extent to which that difficulty may pose a threat to
 society.
   3. Except as provided by subdivision four, five, six[,] OR  seven  [or
 eight]  of  this  section,  or when a defendant is being sentenced for a
 conviction of the class A-II felonies of predatory  sexual  assault  and
 predatory  sexual  assault against a child as defined in sections 130.95
 and 130.96 of this chapter, or for  any  class  A-I  sexually  motivated
 felony  for  which  a  life  sentence  or a life without parole sentence
 [must] MAY be imposed, a sentence imposed upon a defendant convicted  of
 a  felony  sex  offense  shall  be FIXED BY THE COURT IN ACCORDANCE WITH
 SECTION 60.03 OF THIS TITLE. IF A COURT FINDS THAT A SENTENCE OF  IMPRI-
 SONMENT  IS  THE  MINIMUM  TERM OF IMPRISONMENT NECESSARY TO ACHIEVE THE
 GOALS OF SENTENCING, THE COURT SHALL IMPOSE a determinate sentence.  The
 determinate  sentence  shall  be  imposed  by the court in whole or half
 S. 7871                            19
 
 years, and shall include as a part  thereof  a  period  of  post-release
 supervision  in  accordance  with  subdivision two-a of section 70.45 of
 this article. [Persons eligible for sentencing under  section  70.07  of
 this  article  governing  second  child sexual assault felonies shall be
 sentenced under such section and paragraph (j) of subdivision  two-a  of
 section 70.45 of this article.]
   4.  [(a)] Sentences of imprisonment for felony sex offenses. Except as
 provided in subdivision five,  six[,]  OR  seven[,  or  eight]  of  this
 section, the term of the determinate sentence must be fixed by the court
 as follows:
   [(i)]  (A) for a class B felony, the term must [be at least five years
 and must] not exceed twenty-five years;
   [(ii)] (B) for a class C felony, the term must [be at least three  and
 one-half years and must] not exceed fifteen years;
   [(iii)] (C) for a class D felony, the term must [be at least two years
 and must] not exceed seven years; and
   [(iv)]  (D)  for  a class E felony, the term must [be at least one and
 one-half years and must] not exceed four years.
   [(b) Probation. The court may sentence  a  defendant  convicted  of  a
 class  D  or  class E felony sex offense to probation in accordance with
 the provisions of section 65.00 of this title.
   (c) Alternative definite sentences for class D and class E felony  sex
 offenses. If the court, having regard to the nature and circumstances of
 the  crime  and to the history and character of the defendant, is of the
 opinion that a sentence of imprisonment is necessary but that  it  would
 be unduly harsh to impose a determinate sentence upon a person convicted
 of a class D or class E felony sex offense, the court may impose a defi-
 nite sentence of imprisonment and fix a term of one year or less.
   5.  Sentence  of imprisonment for a predicate felony sex offender. (a)
 Applicability. This subdivision shall apply to a  predicate  felony  sex
 offender  who  stands  convicted of a non-violent felony sex offense and
 who was previously convicted of one or more felonies.
   (b) Non-violent predicate felony offense. When the  court  has  found,
 pursuant  to the provisions of the criminal procedure law, that a person
 is  a  predicate  felony  sex  offender,  and  the  person's   predicate
 conviction was for a non-violent felony offense, the court must impose a
 determinate sentence of imprisonment, the term of which must be fixed by
 the court as follows:
   (i)  for  a  class B felony, the term must be at least eight years and
 must not exceed twenty-five years;
   (ii) for a class C felony, the term must be at least  five  years  and
 must not exceed fifteen years;
   (iii)  for a class D felony, the term must be at least three years and
 must not exceed seven years; and
   (iv) for a class E felony, the term must be at  least  two  years  and
 must not exceed four years.
   (c) Violent predicate felony offense. When the court has found, pursu-
 ant  to the provisions of the criminal procedure law, that a person is a
 predicate felony sex offender, and the person's predicate conviction was
 for a violent felony  offense,  the  court  must  impose  a  determinate
 sentence  of  imprisonment, the term of which must be fixed by the court
 as follows:
   (i) for a class B felony, the term must be at  least  nine  years  and
 must not exceed twenty-five years;
   (ii)  for  a  class  C felony, the term must be at least six years and
 must not exceed fifteen years;
 S. 7871                            20

   (iii) for a class D felony, the term must be at least four  years  and
 must not exceed seven years; and
   (iv)  for a class E felony, the term must be at least two and one-half
 years and must not exceed four years.
   (d) A defendant who stands  convicted  of  a  non-violent  felony  sex
 offense, other than a class A-I or class A-II felony, who is adjudicated
 a  persistent felony offender under section 70.10 of this article, shall
 be sentenced pursuant to the provisions of section 70.10 or pursuant  to
 this subdivision.
   6.]  5.  Sentence  of  imprisonment  for a violent felony sex offense.
 Except as provided in subdivisions SIX AND seven  [and  eight]  of  this
 section,  a  defendant  who  stands  convicted  of  a violent felony sex
 offense must be sentenced pursuant to the provisions of section  70.02[,
 section  70.04,  subdivision  six  of  section  70.06, section 70.08, or
 section 70.10] of this article, as applicable.
   [7.] 6. Sentence for a class A  felony  sex  offense.  When  a  person
 stands  convicted  of  a  sexually  motivated felony pursuant to section
 130.91 of this chapter and the specified offense is a  class  A  felony,
 the  court must sentence the defendant in accordance with the provisions
 of:
   (a) section 60.06 of this [chapter] TITLE and section  70.00  of  this
 article, as applicable, if such offense is a class A-I felony; and
   (b) section 70.00, [70.06 or 70.08 of this article, as applicable,] if
 such offense is a class A-II felony.
   [8.]  7. Whenever a juvenile offender stands convicted of a felony sex
 offense, he or she must be  sentenced  pursuant  to  the  provisions  of
 sections 60.10 and 70.05 of this [chapter] TITLE.
   [9.]  8.  Every  determinate  sentence  for  a  felony sex offense, as
 defined in paragraph (a) of subdivision one  of  this  section,  imposed
 pursuant to any section of this article, shall include as a part thereof
 a  period  of  post-release  supervision  in accordance with subdivision
 two-a of section 70.45 of this article.
   § 24. Paragraph (b) of subdivision 3 of section  60.01  of  the  penal
 law,  as  amended by chapter 548 of the laws of 1984, is amended to read
 as follows:
   (b) A fine authorized by article eighty[, provided, however, that when
 the conviction is of a class B felony or of any felony defined in  arti-
 cle two hundred twenty, the sentence shall not consist solely of a fine]
 OF THIS TITLE; or
   §  25.  Subdivision 2 of section 60.02 of the penal law, as amended by
 chapter 471 of the laws of 1980, is amended to read as follows:
   (2) If the sentence is to be imposed upon a youthful offender  finding
 which  has  been  substituted for a conviction for any felony, the court
 must impose a sentence authorized to be imposed upon a person  convicted
 of a class E felony [provided, however, that the court must not impose a
 sentence  of  conditional  discharge  or  unconditional discharge if the
 youthful offender finding was substituted for a conviction of  a  felony
 defined in article two hundred twenty of this chapter].
   §  26.  Section 60.04 of the penal law, as added by chapter 738 of the
 laws of 2004, subdivisions 3 and 5 as amended by section 17 of part  AAA
 of  chapter  56 of the laws of 2009, subdivision 6 as amended by section
 120 of subpart B of part C of chapter 62 of the laws of 2011 and  subdi-
 vision  7  as  amended by chapter 322 of the laws of 2021, is amended to
 read as follows:
 § 60.04 Authorized disposition;  controlled  substances  [and  marihuana
            felony] offenses.
 S. 7871                            21
 
   1.  Applicability.  Notwithstanding  the  provisions  of any law, this
 section shall govern the dispositions authorized when a person is to  be
 sentenced  upon  a conviction of a felony offense defined in article two
 hundred twenty [or two hundred twenty-one] of this chapter  [or  when  a
 person is to be sentenced upon a conviction of such a felony as a multi-
 ple felony offender as defined in subdivision five of this section].
   2.  Class A felony. Every person convicted of a class A felony must be
 sentenced [to imprisonment] in accordance with  section  70.71  of  this
 title[,  unless  such  person is convicted of a class A-II felony and is
 sentenced to probation for life in accordance with section 65.00 of this
 title].
   3. Class B felonies. Every person convicted of a class B  felony  must
 be  sentenced  [to  imprisonment]  in  accordance  with  the  applicable
 provisions of section 70.70 of this [chapter,  a  definite  sentence  of
 imprisonment  with a term of one year or less or probation in accordance
 with section 65.00 of this chapter provided, however, a person convicted
 of criminal sale of a controlled substance to  a  child  as  defined  in
 section  220.48  of  this  chapter  must  be  sentenced to a determinate
 sentence of imprisonment in accordance with the applicable provisions of
 section 70.70 of this chapter or to a sentence of probation  in  accord-
 ance  with  the opening paragraph of paragraph (b) of subdivision one of
 section 65.00 of this chapter] TITLE.
   4. Alternative sentence.  [Where  a  sentence  of  imprisonment  or  a
 sentence  of probation as an alternative to imprisonment is not required
 to be imposed pursuant  to  subdivision  two,  three  or  five  of  this
 section,  the  court may impose any other sentence authorized by section
 60.01 of this article, provided that when the court imposes  a  sentence
 of  imprisonment, such sentence must be in accordance with section 70.70
 of this title.] Where the court imposes a sentence  of  imprisonment  in
 accordance  with  this section, the court may also impose a fine author-
 ized by article eighty of this title and in such case the sentence shall
 be both imprisonment and a fine.
   5. [Multiple felony offender.  Where  the  court  imposes  a  sentence
 pursuant  to  subdivision  three of section 70.70 of this chapter upon a
 second felony drug offender, as defined in paragraph (b) of  subdivision
 one  of section 70.70 of this chapter, it must sentence such offender to
 imprisonment in accordance with the  applicable  provisions  of  section
 70.70  of  this chapter, a definite sentence of imprisonment with a term
 of one year or less, or probation in accordance with  section  65.00  of
 this chapter, provided, however, that where the court imposes a sentence
 upon a class B second felony drug offender, it must sentence such offen-
 der  to  a  determinate  sentence of imprisonment in accordance with the
 applicable provisions of section 70.70 of this chapter or to a  sentence
 of  probation  in accordance with the opening paragraph of paragraph (b)
 of subdivision one of section 65.00 of  this  chapter.  When  the  court
 imposes  sentence  on a second felony drug offender pursuant to subdivi-
 sion four of section 70.70 of this chapter, it must impose a determinate
 sentence of imprisonment in accordance with such subdivision.
   6.] Substance abuse treatment. When the court imposes  a  sentence  of
 imprisonment  which  requires  a  commitment  to the state department of
 corrections  and  community  supervision  [upon  a  person  who   stands
 convicted  of  a  controlled  substance or marihuana offense], the court
 may, upon motion of the defendant in  its  discretion,  issue  an  order
 directing  that  the department of corrections and community supervision
 enroll the defendant in the comprehensive alcohol  and  substance  abuse
 treatment  program  in an alcohol and substance abuse correctional annex
 S. 7871                            22
 
 as defined in subdivision eighteen of section two of the correction law,
 provided that the  defendant  will  satisfy  the  statutory  eligibility
 criteria  for participation in such program. Notwithstanding the forego-
 ing provisions of this subdivision, any defendant to be enrolled in such
 program pursuant to this subdivision shall be governed by the same rules
 and  regulations promulgated by the department of corrections and commu-
 nity supervision, including without limitation  those  rules  and  regu-
 lations  establishing  requirements  for  completion and those rules and
 regulations governing discipline and removal from the program.  No  such
 period  of court ordered corrections based drug abuse treatment pursuant
 to this subdivision shall be required to extend beyond  the  defendant's
 conditional release date.
   [7.] 6. a. Shock incarceration participation. When the court imposes a
 sentence  of  imprisonment which requires a commitment to the department
 of corrections and community  supervision  upon  a  person  [who  stands
 convicted  of  a controlled substance or marihuana offense], upon motion
 of the defendant, the court  may  issue  an  order  directing  that  the
 department of corrections and community supervision enroll the defendant
 in the shock incarceration program as defined in article twenty-six-A of
 the correction law, provided that the defendant is an eligible incarcer-
 ated  individual,  as  described  in  subdivision  one  of section eight
 hundred sixty-five of the correction law. Notwithstanding the  foregoing
 provisions  of  this  subdivision,  any defendant to be enrolled in such
 program pursuant to this subdivision shall be governed by the same rules
 and regulations promulgated by the department of corrections and  commu-
 nity  supervision,  including  without  limitation those rules and regu-
 lations establishing requirements for  completion  and  such  rules  and
 regulations governing discipline and removal from the program.
   b.  (i)  In  the  event  that an incarcerated individual designated by
 court order for enrollment in the shock incarceration program requires a
 degree of medical care or mental health care that cannot be provided  at
 a shock incarceration facility, the department, in writing, shall notify
 the  incarcerated  individual,  provide a proposal describing a proposed
 alternative-to-shock-incarceration program, and notify him or  her  that
 he  or  she  may  object in writing to placement in such alternative-to-
 shock-incarceration program. If the incarcerated individual  objects  in
 writing to placement in such alternative-to-shock-incarceration program,
 the department of corrections and community supervision shall notify the
 sentencing  court,  provide  such proposal to the court, and arrange for
 the incarcerated individual's prompt appearance before  the  court.  The
 court shall provide the proposal and notice of a court appearance to the
 people,  the  incarcerated individual and the appropriate defense attor-
 ney. After considering the proposal and any submissions by the  parties,
 and  after  a  reasonable  opportunity  for the people, the incarcerated
 individual and counsel to be heard, the court may modify its  sentencing
 order  accordingly,  notwithstanding the provisions of section 430.10 of
 the criminal procedure law.
   (ii) An incarcerated individual who successfully completes an alterna-
 tive-to-shock-incarceration program within the department of corrections
 and community supervision shall be treated  in  the  same  manner  as  a
 person  who  has successfully completed the shock incarceration program,
 as set forth in subdivision four of section eight hundred sixty-seven of
 the correction law.
   § 27. Section 60.05 of the penal law, as amended by chapter 410 of the
 laws of 1979, the section heading and subdivisions 2, 3 and 4 as amended
 by chapter 738 of the laws of 2004, subdivision 1 as amended by  chapter
 S. 7871                            23
 
 7  of  the  laws of 2007, subdivision 5 as amended by chapter 405 of the
 laws of 2010 and subdivision 8 as added by section 1 of part KK of chap-
 ter 55 of the laws of 2019, is amended to read as follows:
 § 60.05 Authorized dispositions; other class A, B, certain C and D felo-
           nies [and multiple felony offenders].
   1.  Applicability. Except as provided in section 60.04 of this article
 governing the authorized  dispositions  applicable  to  felony  offenses
 defined  in  article  two  hundred twenty [or two hundred twenty-one] of
 this chapter or in section 60.13 of this article governing  the  author-
 ized dispositions applicable to felony sex offenses defined in paragraph
 (a)  of  subdivision  one  of  section 70.80 of this title, this section
 shall govern  the  dispositions  authorized  when  a  person  is  to  be
 sentenced  upon  a conviction of a class A felony, a class B felony or a
 class C, class D or class E felony specified [herein, or when  a  person
 is  to  be  sentenced upon a conviction of a felony as a multiple felony
 offender] IN THIS SECTION.
   2. Class A felony. [Except as provided in subdivisions three and  four
 of  section  70.06  of  this chapter, every] EVERY person convicted of a
 class A felony must be sentenced [to imprisonment]  in  accordance  with
 section  70.00 of this title[, unless such person is convicted of murder
 in the first degree and is sentenced in accordance with section 60.06 of
 this article].
   3. Class B felony. [Except as provided  in  subdivision  six  of  this
 section,  every]  EVERY  person  convicted  of  a class B violent felony
 offense as defined in subdivision one of section 70.02  of  this  title,
 must  be  sentenced  [to  imprisonment]  in accordance with such section
 [70.02]; and[, except as provided in subdivision six of  this  section,]
 every person convicted of any other class B felony must be sentenced [to
 imprisonment] in accordance with section 70.00 of this title.
   4.  Certain  class C felonies. [Except as provided in subdivision six,
 every] EVERY person convicted of a class C  violent  felony  offense  as
 defined  in  subdivision  one  of  section  70.02 of this title, must be
 sentenced [to imprisonment] in accordance with  section  70.02  of  this
 title[;  and,  except  as  provided  in subdivision six of this section,
 every person convicted of the class C felonies of: attempt to commit any
 of the class B felonies of bribery in the first  degree  as  defined  in
 section  200.04,  bribe  receiving  in  the  first  degree as defined in
 section 200.12, conspiracy in the second degree as  defined  in  section
 105.15  and  criminal mischief in the first degree as defined in section
 145.12; criminal usury in the first degree as defined in section 190.42,
 rewarding official misconduct in the first degree as defined in  section
 200.22,  receiving reward for official misconduct in the first degree as
 defined in section 200.27, attempt to promote prostitution in the  first
 degree  as  defined  in  section  230.32,  promoting prostitution in the
 second degree as defined in section 230.30, arson in the third degree as
 defined in section 150.10 of this chapter, must be sentenced  to  impri-
 sonment in accordance with section 70.00 of this title].
   5. Certain class D felonies. [Except as provided in subdivision six of
 this  section,  every] EVERY person convicted of the class D felonies of
 assault in the second degree as defined in section 120.05, strangulation
 in the second degree as defined in section 121.12 or attempt to commit a
 class C felony as defined in section 230.30 of  this  chapter,  must  be
 sentenced in accordance with section 70.00 or 85.00 of this title.
   6.  [Multiple  felony offender. When the court imposes sentence upon a
 second violent felony offender, as defined in section 70.04, or a second
 felony offender, as defined in section 70.06, the court  must  impose  a
 S. 7871                            24

 sentence  of  imprisonment in accordance with section 70.04 or 70.06, as
 the case may be, unless it imposes a sentence of imprisonment in accord-
 ance with section 70.08 or 70.10.
   7.]  Fines.  Where  the  court  imposes  a sentence of imprisonment in
 accordance with this section, the court also may impose a  fine  author-
 ized by article eighty OF THIS TITLE and in such case the sentence shall
 be both imprisonment and a fine.
   [8.]  7. Shock incarceration participation. (a) When the court imposes
 a determinate sentence of imprisonment pursuant to  subdivision  [three]
 TWO  of  section  70.02  of  this  [chapter] TITLE or subdivision six of
 section 70.06 of this [chapter upon a person who stands convicted either
 of burglary in the second  degree  as  defined  in  subdivision  two  of
 section  140.25  of  this  chapter  or  robbery  in the second degree as
 defined in subdivision one of section 160.10  of  this  chapter,  or  an
 attempt  thereof]  TITLE,  upon  motion  of the defendant, the court may
 issue an order directing that the department of corrections and communi-
 ty supervision enroll the defendant in the shock  incarceration  program
 as  defined in article twenty-six-A of the correction law, provided that
 the defendant is an eligible inmate, as described in subdivision one  of
 section  eight hundred sixty-five of the correction law. Notwithstanding
 the foregoing provisions  of  this  subdivision,  any  defendant  to  be
 enrolled  in such program pursuant to this subdivision shall be governed
 by the same rules and  regulations  promulgated  by  the  department  of
 corrections  and  community  supervision,  including  without limitation
 those rules and regulations establishing requirements for completion and
 such rules and regulations governing discipline  and  removal  from  the
 program.
   (b)  Paragraph (b) of subdivision seven of section 60.04 of this arti-
 cle shall apply in the event an inmate designated  by  court  order  for
 enrollment  in  the  shock  incarceration  program  requires a degree of
 medical care or mental health care that cannot be provided  at  a  shock
 incarceration facility.
   §  28.  Paragraph  (ii) of subdivision b of section 60.09 of the penal
 law, as added by chapter 410 of the laws of 1979, is amended to read  as
 follows:
   (ii)  if  the  conviction  was  for a class A-II offense the court may
 impose a new minimum term which shall  be  [no  less  than  three  years
 imprisonment and] no more than eight and one-third years;
   § 29. Section 60.10 of the penal law, as amended by chapter 411 of the
 laws of 1979, is amended to read as follows:
 § 60.10 Authorized disposition; juvenile offender.
   1.  When  a juvenile offender is convicted of a crime, the court shall
 sentence the defendant [to  imprisonment]  in  accordance  with  section
 70.05  OF THIS TITLE or sentence him upon a youthful offender finding in
 accordance with section 60.02 of this [chapter] ARTICLE.
   2. Subdivision one of this section shall apply when sentencing a juve-
 nile offender notwithstanding the provisions of any other law that deals
 with the authorized sentence for persons who are not juvenile offenders.
 [Provided, however, that the limitation prescribed by this section shall
 not be deemed or construed to bar use of  a  conviction  of  a  juvenile
 offender,  other  than  a  juvenile  offender who has been adjudicated a
 youthful offender pursuant to section 720.20 of the  criminal  procedure
 law,  as  a  previous  or predicate felony offender under section 70.04,
 70.06, 70.08 or 70.10, when sentencing a person  who  commits  a  felony
 after he has reached the age of sixteen.]
 S. 7871                            25
 
   §  30. Section 60.12 of the penal law, as amended by chapter 31 of the
 laws of 2019, subdivision 1 as amended by section 1 of part WW of  chap-
 ter 55 of the laws of 2019, is amended to read as follows:
 § 60.12 Authorized  disposition; alternative sentence; domestic violence
           cases.
   1. Notwithstanding any other provision of law, where a court is impos-
 ing sentence upon a person pursuant to section 70.00, 70.02[, 70.06]  or
 subdivision two or three of section 70.71 of this title, [other than for
 an  offense  defined  in  section  125.26,  125.27,  subdivision five of
 section 125.25, or article 490 of this chapter, or for an offense  which
 would  require  such  person  to  register as a sex offender pursuant to
 article six-C of the correction law, an attempt or conspiracy to  commit
 any  such offense,] and is authorized [or required] pursuant to sections
 70.00, 70.02[, 70.06] or subdivision two or three of  section  70.71  of
 this  title  to  impose  a  sentence  of imprisonment, the court, upon a
 determination following a hearing that (a) at the time  of  the  instant
 offense,  the  defendant  was a victim of domestic violence subjected to
 substantial physical, sexual  or  psychological  abuse  inflicted  by  a
 member  of the same family or household as the defendant as such term is
 defined in subdivision one of section 530.11 of the  criminal  procedure
 law; (b) such abuse was a significant contributing factor to the defend-
 ant's  criminal  behavior;  (c) having regard for the nature and circum-
 stances of the crime and the history, character  and  condition  of  the
 defendant,  that  a  sentence of imprisonment pursuant to section 70.00,
 70.02[, 70.06] or subdivision two or three  of  section  70.71  of  this
 title  would be unduly harsh may instead impose a sentence in accordance
 with this section, EXCEPT THAT NOTHING IN THIS SECTION SHALL RELIEVE THE
 PROSECUTION OF ITS BURDEN UNDER THE PROVISIONS OF SECTION 60.03 OF  THIS
 ARTICLE, OR ABROGATE THE PROCESS AFFORDED THE DEFENDANT IN SUCH SECTION.
   A  court  may  determine  that  such  abuse  constitutes a significant
 contributing factor  pursuant  to  paragraph  (b)  of  this  subdivision
 regardless of whether the defendant raised a defense pursuant to article
 thirty-five, article forty, or subdivision one of section 125.25 of this
 chapter.
   At  the hearing to determine whether the defendant should be sentenced
 pursuant to this section, the court  shall  consider  oral  and  written
 arguments,  take  testimony  from witnesses offered by either party, and
 consider relevant evidence to assist in making its determination.  Reli-
 able hearsay shall be admissible at such hearings.
   2. Where a court would otherwise be  required  to  impose  a  sentence
 pursuant to section 70.02 of this title, the court may impose a definite
 sentence of imprisonment of one year or less, or probation in accordance
 with  the provisions of section 65.00 of this title, or may fix a deter-
 minate term of imprisonment as follows:
   (a) For a class B felony, the term must be at least one year and  must
 not exceed five years;
   (b)  For a class C felony, the term must be at least one year and must
 not exceed three and one-half years;
   (c) For a class D felony, the term must be at least one year and  must
 not exceed two years; and
   (d)  For  a  class  E  felony,  the term must be one year and must not
 exceed one and one-half years.
   3. Where a court would otherwise be required to impose a sentence  for
 a  class  A  felony offense pursuant to section 70.00 of this title, the
 court may fix a determinate term  of  imprisonment  of  at  least  [five
 years]  ONE  YEAR  and not to exceed fifteen years, OR IMPOSE A DEFINITE
 S. 7871                            26
 
 SENTENCE OF IMPRISONMENT OF ONE YEAR OR LESS, OR PROBATION IN ACCORDANCE
 WITH THE PROVISIONS OF SECTION 65.00 OF THIS TITLE.
   4.  Where a court would otherwise be required to impose a sentence for
 a class A felony offense pursuant to subparagraph (i) of  paragraph  (b)
 of  subdivision  two of section 70.71 of this title, the court may fix a
 determinate term of imprisonment of at least [five years] ONE  YEAR  and
 not to exceed eight years, OR IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT
 OF  ONE  YEAR OR LESS, OR PROBATION IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION 65.00 OF THIS TITLE.
   5. Where a court would otherwise be required to impose a sentence  for
 a  class  A felony offense pursuant to subparagraph (i) of paragraph (b)
 of subdivision three of section 70.71 of this title, the court may fix a
 determinate term of imprisonment of at least [five years] ONE  YEAR  and
 not  to  exceed twelve years, OR IMPOSE A DEFINITE SENTENCE OF IMPRISON-
 MENT OF ONE YEAR OR LESS, OR PROBATION IN ACCORDANCE WITH THE PROVISIONS
 OF SECTION 65.00 OF THIS TITLE.
   6. Where a court would otherwise be required to impose a sentence  for
 a  class A felony offense pursuant to subparagraph (ii) of paragraph (b)
 of subdivision two of section 70.71 of this title, the court may  fix  a
 determinate  term of imprisonment of at least one year and not to exceed
 three years, OR IMPOSE A DEFINITE SENTENCE OF IMPRISONMENT OF  ONE  YEAR
 OR LESS, OR PROBATION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 65.00
 OF THIS TITLE.
   7.  Where a court would otherwise be required to impose a sentence for
 a class A felony offense pursuant to subparagraph (ii) of paragraph  (b)
 of subdivision three of section 70.71 of this title, the court may fix a
 determinate  term of imprisonment of at least [three years] ONE YEAR and
 not to exceed six years, OR IMPOSE A DEFINITE SENTENCE  OF  IMPRISONMENT
 OF  ONE  YEAR OR LESS, OR PROBATION IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION 65.00 OF THIS TITLE.
   [8. Where a court would otherwise be required  to  impose  a  sentence
 pursuant  to  subdivision  six of section 70.06 of this title, the court
 may fix a term of imprisonment as follows:
   (a) For a class B felony, the term must be at least  three  years  and
 must not exceed eight years;
   (b)  For  a class C felony, the term must be at least two and one-half
 years and must not exceed five years;
   (c) For a class D felony, the term must be at least two years and must
 not exceed three years;
   (d) For a class E felony, the term must be at least one  and  one-half
 years and must not exceed two years.
   9.  Where a court would otherwise be required to impose a sentence for
 a class B, C, D or E felony offense pursuant to section  70.00  of  this
 title, the court may impose a sentence in accordance with the provisions
 of subdivision two of section 70.70 of this title.
   10.  Except  as provided in subdivision seven of this section, where a
 court would otherwise be required  to  impose  a  sentence  pursuant  to
 subdivision three of section 70.06 of this title, the court may impose a
 sentence  in  accordance  with  the  provisions  of subdivision three of
 section 70.70 of this title.
   11. Where a court would otherwise be required  to  impose  a  sentence
 pursuant  to subdivision three of section 70.06 of this title, where the
 prior felony conviction was for a  felony  offense  defined  in  section
 70.02  of this title, the court may impose a sentence in accordance with
 the provisions of subdivision four of section 70.70 of this title.]
 S. 7871                            27
 
   § 31. Subdivision h of section 74 of chapter 3 of the  laws  of  1995,
 amending the correction law and other laws relating to the incarceration
 fee,  as  amended  by  section  8 of part A of chapter 55 of the laws of
 2021, is amended to read as follows:
   h.  Section fifty-two of this act shall be deemed to have been in full
 force and effect on and after April 1, 1995; provided, however, that the
 provisions of section 189 of the correction law, as amended  by  section
 fifty-five  of  this  act[,  subdivision 5 of section 60.35 of the penal
 law, as amended by section fifty-six of this act,]  and  section  fifty-
 seven  of  this  act shall expire September 1, 2023, when upon such date
 the amendments to the correction law [and penal law] made by  [sections]
 SECTION  fifty-five  [and  fifty-six] of this act shall revert to and be
 read as if the provisions of this act had not  been  enacted;  provided,
 however, that sections sixty-two, sixty-three and sixty-four of this act
 shall be deemed to have been in full force and effect on and after March
 1,  1995  and  shall be deemed repealed April 1, 1996 and upon such date
 the provisions of subsection (e) of section 9110 of  the  insurance  law
 and  subdivision 2 of section 89-d of the state finance law shall revert
 to and be read as set out in law on the date immediately  preceding  the
 effective date of sections sixty-two and sixty-three of this act;
   §  32. Section 65.00 of the penal law, subdivisions 1 and 2 as amended
 by chapter 835 of the laws of 1974, the opening paragraph  of  paragraph
 (a)  of subdivision 1 as amended by chapter 738 of the laws of 2004, the
 opening paragraph of paragraph  (b)  of  subdivision  1  as  amended  by
 section  19  and  subparagraph (ii) of paragraph (a) of subdivision 3 as
 amended by section 20 of part AAA of chapter 56 of the laws of 2009, the
 closing paragraph of subdivision 1 as amended by chapter 3 of  the  laws
 of  1995,  subdivision  3 as amended by chapter 264 of the laws of 2003,
 subparagraph (i) of paragraph (a), subparagraph (i) of paragraph (b) and
 paragraph (d) of subdivision 3 as amended by chapter 556 of the laws  of
 2013,  paragraph  (c)  of subdivision 3 as amended by chapter 568 of the
 laws of 2004, the closing paragraph of subdivision 3 as amended by chap-
 ter 320 of the laws of 2006, subdivision 4 as amended by chapter  17  of
 the  laws  of  2014,  and subdivision 5 as amended by chapter 264 of the
 laws of 2003 and as renumbered by chapter 556 of the laws  of  2013,  is
 amended to read as follows:
 § 65.00 Sentence of probation.
   1.  [Criteria.  (a)  Except  as otherwise required by section 60.04 or
 60.05 of this title, and except as provided by paragraph (b) hereof, the
 court may sentence a person to a period of probation upon conviction  of
 any crime if the court, having regard to the nature and circumstances of
 the  crime and to the history, character and condition of the defendant,
 is of the opinion that:
   (i) Institutional confinement for the term authorized by  law  of  the
 defendant is or may not be necessary for the protection of the public;
   (ii)  the  defendant is in need of guidance, training or other assist-
 ance which,  in  his  case,  can  be  effectively  administered  through
 probation supervision; and
   (iii) such disposition is not inconsistent with the ends of justice.
   (b) The court, with the concurrence of either the administrative judge
 of the court or of the judicial district within which the court is situ-
 ated or such administrative judge as the presiding justice of the appro-
 priate  appellate  division  shall designate, may sentence a person to a
 period of probation upon conviction of a class A-II  felony  defined  in
 article two hundred twenty, the class B felony defined in section 220.48
 of  this  chapter  or  any  other  class B felony defined in article two
 S. 7871                            28

 hundred twenty of this chapter where the person is a second felony  drug
 offender as defined in paragraph (b) of subdivision one of section 70.70
 of  this  chapter, if the prosecutor either orally on the record or in a
 writing  filed  with  the  indictment recommends that the court sentence
 such person to a period of probation upon the ground  that  such  person
 has  or is providing material assistance in the investigation, apprehen-
 sion or prosecution of any person for a felony defined  in  article  two
 hundred twenty or the attempt or the conspiracy to commit any such felo-
 ny,  and  if the court, having regard to the nature and circumstances of
 the crime and to the history, character and condition of  the  defendant
 is of the opinion that:
   (i)  Institutional  confinement  of the defendant is not necessary for
 the protection of the public;
   (ii) The defendant is in need of guidance, training or  other  assist-
 ance  which,  in  his  case,  can  be  effectively  administered through
 probation supervision;
   (iii) The defendant has or is providing  material  assistance  in  the
 investigation,  apprehension  or  prosecution  of  a person for a felony
 defined in article two hundred twenty or the attempt  or  conspiracy  to
 commit any such felony; and
   (iv) Such disposition is not inconsistent with the ends of justice.
   Provided,  however,  that  the  court  shall not, except to the extent
 authorized by paragraph (d) of subdivision two of section 60.01 of  this
 chapter, impose a sentence of probation in any case where it sentences a
 defendant for more than one crime and imposes a sentence of imprisonment
 for  any  one  of  the  crimes,  or where the defendant is subject to an
 undischarged indeterminate or determinate sentence of imprisonment which
 was imposed at a previous time by a court of this  state  and  has  more
 than one year to run.
   2.]  Sentence. When a person is sentenced to a period of probation the
 court shall, except to the extent authorized by paragraph (d) of  subdi-
 vision  two  of section 60.01 of this chapter, impose the period author-
 ized by subdivision [three] TWO of this section and  shall  specify,  in
 accordance  with  section 65.10, the conditions to be complied with. The
 court may modify or enlarge the conditions or, if the defendant  commits
 an  additional  offense  or violates a condition, revoke the sentence at
 any time prior to  the  expiration  or  termination  of  the  period  of
 probation.
   [3.]  2.  Periods of probation. Unless terminated sooner in accordance
 with the criminal procedure law, the period of  probation  shall  be  as
 follows:
   (a)  (i) For a felony, other than a class A-II felony defined in arti-
 cle two hundred twenty of this chapter or the class B felony defined  in
 section  220.48 of this chapter, [or any other class B felony defined in
 article two hundred twenty of this chapter committed by a second  felony
 drug offender,] or a sexual assault, the period of probation shall [be a
 term of three, four or] NOT EXCEED five years;
   (ii) For a class A-II felony drug offender as defined in paragraph (a)
 of  subdivision  one  of  section 70.71 of this chapter [as described in
 paragraph (b) of subdivision one of this section, or a  class  B  felony
 committed by a second felony drug offender described in paragraph (b) of
 subdivision one of this section, the], ANY period of probation [shall be
 life]  MAY BE IMPOSED and for a class B felony defined in section 220.48
 of this chapter, the period of probation shall [be] NOT  EXCEED  twenty-
 five years;
 S. 7871                            29
 
   (iii)  For a felony sexual assault, the period of probation shall [be]
 NOT EXCEED ten years.
   (b)  (i)  For  a class A misdemeanor, other than a sexual assault, the
 period of probation shall [be] NOT EXCEED  a  term  of  [two  or]  three
 years;
   (ii) For a class A misdemeanor sexual assault, the period of probation
 shall [be] NOT EXCEED six years.
   (c)  For a class B misdemeanor, the period of probation shall [be] NOT
 EXCEED one year, except the period of probation shall [be no  less  than
 one year and no more than] NOT EXCEED three years for the class B misde-
 meanor of public lewdness as defined in section 245.00 of this chapter;
   (d)  For  an  unclassified  misdemeanor, the period of probation shall
 [be] NOT EXCEED a term  of  [two  or]  three  years  if  the  authorized
 sentence  of  imprisonment  is  in excess of three months, otherwise the
 period of probation shall [be] NOT EXCEED one year.
   For the purposes of this section, the term "sexual assault"  means  an
 offense  defined  in  article  one  hundred thirty or two hundred sixty-
 three, or in section 255.25, 255.26 or 255.27 of  this  chapter,  or  an
 attempt to commit any of the foregoing offenses.
   [4.]  3. If during the periods of probation referenced in subparagraph
 (i) of paragraph (a), subparagraph (i) of paragraph  (b)  and  paragraph
 (d)  of  subdivision [three] TWO of this section an alleged violation is
 sustained following a hearing pursuant to section 410.70 of the criminal
 procedure law and the court continues  or  modifies  the  sentence,  the
 court  may  extend  the  remaining period of probation up to the maximum
 term authorized by this section. Provided, however,  a  defendant  shall
 receive  credit for the time during which he or she was supervised under
 the original probation sentence prior to any declaration of  delinquency
 and  for  any  time  spent  in  custody  pursuant to this article for an
 alleged violation of probation.
   [5.] 4. In any case where a court  pursuant  to  its  authority  under
 subdivision  four of section 60.01 of this chapter revokes probation and
 sentences such person to imprisonment  and  probation,  as  provided  in
 paragraph  (d)  of subdivision two of section 60.01 of this chapter, the
 period of probation shall  be  the  remaining  period  of  the  original
 probation sentence or one year whichever is greater.
   §  33. Section 65.05 of the penal law, subdivision 1 as added by chap-
 ter 277 of the laws of 1973, paragraph (a) of subdivision 1 and subdivi-
 sion 2 as amended by chapter 742 of the laws of 1981 and  subdivision  3
 as  amended  by  chapter  618 of the laws of 1992, is amended to read as
 follows:
 § 65.05 Sentence of conditional discharge.
   1. [Criteria. (a) Except as otherwise required by section  60.05,  the
 court  may  impose a sentence of conditional discharge for an offense if
 the court, having regard to the nature and circumstances of the  offense
 and  to the history, character and condition of the defendant, is of the
 opinion that neither the public interest nor the ends of  justice  would
 be  served  by a sentence of imprisonment and that probation supervision
 is not appropriate.
   (b) When a sentence of conditional discharge is imposed for a  felony,
 the court shall set forth in the record the reasons for its action.
   2.]  Sentence.  Except  to  the  extent authorized by paragraph (d) of
 subdivision two of section 60.01 of this [chapter] TITLE, when the court
 imposes a sentence of  conditional  discharge  the  defendant  shall  be
 released  with  respect  to  the  conviction  for  which the sentence is
 imposed without  imprisonment  or  probation  supervision  but  subject,
 S. 7871                            30
 
 during  the  period  of conditional discharge, to such conditions as the
 court may determine. The court shall impose the  period  of  conditional
 discharge  authorized  by  subdivision  three  of this section and shall
 specify,  in  accordance  with section 65.10 OF THIS ARTICLE, the condi-
 tions to be complied with.   If a defendant  is  sentenced  pursuant  to
 paragraph  (e)  of  subdivision  two  of section 65.10 of this [chapter]
 ARTICLE, the court shall require the administrator  of  the  program  to
 provide  written notice to the court of any violation of program partic-
 ipation by the defendant. The court may modify or enlarge the conditions
 or, if the defendant commits an additional offense or violates a  condi-
 tion,  revoke the sentence at any time prior to the expiration or termi-
 nation of the period of conditional discharge.
   [3.] 2. Periods of conditional discharge. Unless terminated sooner  in
 accordance  with  the  criminal procedure law, the period of conditional
 discharge shall be as follows:
   (a) [Three] UP TO THREE years in the case of a felony; and
   (b) [One] UP TO ONE year in the case of a misdemeanor or a violation.
   Where the court has required, as a condition of the sentence, that the
 defendant make restitution of the fruits of his or her offense  or  make
 reparation  for  the loss caused thereby and such condition has not been
 satisfied, the court, at any time prior to the expiration or termination
 of the period of conditional discharge, may impose an additional period.
 The length of the additional period shall be fixed by the court  at  the
 time  it  is  imposed  and  shall not be more than two years. All of the
 incidents of the original sentence, including the authority of the court
 to modify or enlarge the conditions, shall continue to apply during such
 additional period.
   § 34. Section 65.20 of the penal law is amended to read as follows:
 § 65.20 Sentence of unconditional discharge.
   [1. Criteria.  The  court  may  impose  a  sentence  of  unconditional
 discharge  in  any  case  where it is authorized to impose a sentence of
 conditional discharge under section 65.05 if the court is of the opinion
 that no proper purpose would be served by imposing  any  condition  upon
 the defendant's release.
   When  a  sentence  of unconditional discharge is imposed for a felony,
 the court shall set forth in the record the reasons for its action.
   2. Sentence.] When the  court  imposes  a  sentence  of  unconditional
 discharge,   the  defendant  shall  be  released  with  respect  to  the
 conviction for which the sentence is imposed without imprisonment,  fine
 or  probation  supervision. A sentence of unconditional discharge is for
 all purposes a final judgment of conviction.
   § 35. Subdivision 2 of section 85.00 of the penal  law,  as  added  by
 chapter 477 of the laws of 1970, paragraph (a) as amended by chapter 277
 of the laws of 1973, is amended to read as follows:
   2.  Authorization for use of sentence. The court may impose a sentence
 of intermittent imprisonment in any case where:
   (a) [the court is imposing sentence, upon a person other than a second
 or persistent felony offender, for a class D or class E  felony  or  for
 any offense that is not a felony; and
   (b)] the court is not imposing any other sentence of imprisonment upon
 the defendant at the same time; and
   [(c)]  (B)  the defendant is not under any other sentence of imprison-
 ment with a term in excess of fifteen days imposed by any other  court[;
 and].
   §  36.  Subdivisions  3,  4  and 5 of section 485.10 of the penal law,
 subdivisions 3 and 4 as added by chapter 107 of the  laws  of  2000  and
 S. 7871                            31
 
 subdivision  5  as added by chapter 158 of the laws of 2010, are amended
 to read as follows:
   3.  [Notwithstanding  any  other  provision  of  law, when a person is
 convicted of a hate crime pursuant to this  article  and  the  specified
 offense is a class B felony:
   (a)  the  maximum  term of the indeterminate sentence must be at least
 six years if the defendant is sentenced pursuant  to  section  70.00  of
 this chapter;
   (b)  the term of the determinate sentence must be at least eight years
 if the defendant is sentenced pursuant to section 70.02 of this chapter;
   (c) the term of the determinate sentence must be at least twelve years
 if the defendant is sentenced pursuant to section 70.04 of this chapter;
   (d) the maximum term of the indeterminate sentence must  be  at  least
 four  years  if  the defendant is sentenced pursuant to section 70.05 of
 this chapter; and
   (e) the maximum term of the indeterminate sentence or the term of  the
 determinate  sentence  must  be  at  least ten years if the defendant is
 sentenced pursuant to section 70.06 of this chapter.
   4. Notwithstanding any other  provision  of  law,  when  a  person  is
 convicted  of  a  hate  crime pursuant to this article and the specified
 offense is a class A-1 felony, the minimum period of  the  indeterminate
 sentence shall be not less than twenty years.
   5.] In addition to any of the dispositions authorized by this chapter,
 the  court  may  require  as  part of the sentence imposed upon a person
 convicted of a hate crime pursuant to this article, that  the  defendant
 complete  a  program, training session or counseling session directed at
 hate crime prevention and education, where  the  court  determines  such
 program,  training  session or counseling session is appropriate, avail-
 able and was developed or authorized by the court or local  agencies  in
 cooperation with organizations serving the affected community.
   §  37.  Paragraph  (d) of subdivision 2 of section 490.25 of the penal
 law is REPEALED.
   § 38. Sections 220.35, 400.15, 400.16, 400.19, 400.20  and  400.21  of
 the criminal procedure law are REPEALED.
   §  39. Subdivision 6 of section 2 of the correction law, as amended by
 chapter 476 of the laws of 1970, is amended to read as follows:
   6. "Residential treatment facility". A correctional facility  consist-
 ing  of a community based residence in or near a community where employ-
 ment, educational and training opportunities are readily  available  for
 persons  who  [are on parole or conditional release and for persons who]
 are or who will soon be eligible for release on  parole  who  intend  to
 reside in or near that community when released.
   § 40. Subdivision 10 of section 73 of the correction law is REPEALED.
   §  41.  Subdivision 1 of section 865 of the correction law, as amended
 by chapter 322 of the laws of 2021, is amended to read as follows:
   1. "Eligible incarcerated individual" means a person sentenced  to  an
 indeterminate  term of imprisonment who will become eligible for release
 on parole within three years or  sentenced  to  a  determinate  term  of
 imprisonment  who  will  become  eligible for conditional release within
 three years[, who has not reached the age of fifty years,  who  has  not
 previously  been  convicted  of  a  violent felony as defined in article
 seventy of the penal law, or a felony in any  other  jurisdiction  which
 includes  all of the essential elements of any such violent felony, upon
 which an indeterminate or determinate term of imprisonment  was  imposed
 and  who  was between the ages of sixteen and fifty years at the time of
 commission of the crime upon which  his  or  her  present  sentence  was
 S. 7871                            32

 based.  Notwithstanding the foregoing, no person who is convicted of any
 of the following crimes shall be deemed eligible to participate in  this
 program:  (a)  a violent felony offense as defined in article seventy of
 the  penal  law;  provided,  however,  that a person who is convicted of
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the penal law, or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law, or an attempt there-
 of, is eligible to participate, (b) an A-I felony offense, (c) any homi-
 cide offense as defined in article one hundred twenty-five of the  penal
 law, (d) any felony sex offense as defined in article one hundred thirty
 of  the penal law and (e) any escape or absconding offense as defined in
 article two hundred five of the penal law].
   § 42. Section 220.10 of the criminal  procedure  law,  as  amended  by
 chapter 480 of the laws of 1976, subdivision 5 as amended by chapter 410
 of  the laws of 1979, subparagraph (i) of paragraph (a) of subdivision 5
 as amended by chapter 738 of the laws of 2004, paragraph (d) of subdivi-
 sion 5 as added by chapter 233 of the laws of 1980, subparagraph (iv) of
 paragraph (d) of subdivision 5 as amended by chapter 189 of the laws  of
 2000, paragraph (e) of subdivision 5 as amended by chapter 1 of the laws
 of 1995, subparagraph (iii) of paragraph (g) of subdivision 5 as amended
 by chapter 264 of the laws of 2003, the second undesignated paragraph of
 paragraph  (g) of subdivision 5 as amended by chapter 920 of the laws of
 1982, the closing paragraph of paragraph (g) of subdivision 5 as amended
 by chapter 411 of the laws of 1979, paragraph (g-1) of subdivision 5  as
 added by chapter 809 of the laws of 2021, paragraph (h) of subdivision 5
 as amended by chapter 322 of the laws of 2021 and subdivision 6 as added
 by chapter 548 of the laws of 1980, is amended to read as follows:
 § 220.10 Plea; kinds of pleas.
   The  only  kinds  of  pleas  which may be entered to an indictment are
 those specified in this section:
   1. The defendant may as a matter of right enter a plea of "not guilty"
 to the indictment.
   2. [Except as provided in subdivision five, the] THE defendant may  as
 a matter of right enter a plea of "guilty" to the entire indictment.
   3.  [Except  as provided in subdivision five, where] WHERE the indict-
 ment charges but one crime, the defendant may, with  [both]  EITHER  the
 permission  of  the  court [and] IN FURTHERANCE OF JUSTICE IN ACCORDANCE
 WITH THE FACTORS OUTLINED IN SUBDIVISION ONE OF SECTION 210.40  OF  THIS
 PART,  OR  the  consent  of the people WITH THE PERMISSION OF THE COURT,
 enter a plea of guilty of a lesser included offense.
   4. [Except as provided in subdivision five, where] WHERE  the  indict-
 ment charges two or more offenses in separate counts, the defendant may,
 with  [both]  EITHER the permission of the court [and] IN FURTHERANCE OF
 JUSTICE IN ACCORDANCE WITH THE FACTORS OUTLINED IN  SUBDIVISION  ONE  OF
 SECTION  210.40  OF  THIS  PART,  OR  the consent of the people WITH THE
 PERMISSION OF THE COURT, enter a plea of:
   (a) Guilty of one or more but not all of the offenses charged; or
   (b) Guilty of a lesser included offense with respect to any or all  of
 the offenses charged; or
   (c)  Guilty of any combination of offenses charged and lesser offenses
 included within other offenses charged.
   5. [(a) (i) Where the indictment charges one of the class  A  felonies
 defined in article two hundred twenty of the penal law or the attempt to
 commit any such class A felony, then any plea of guilty entered pursuant
 to  subdivision three or four of this section must be or must include at
 least a plea of guilty of a class B felony.
 S. 7871                            33

   (iii) Where the indictment charges one of the class B felonies defined
 in article two hundred twenty of the penal law then any plea  of  guilty
 entered pursuant to subdivision three or four must be or must include at
 least a plea of guilty of a class D felony.
   (b)  Where  the  indictment  charges  any class B felony, other than a
 class B felony defined in article two hundred twenty of the penal law or
 a class B violent felony  offense  as  defined  in  subdivision  one  of
 section 70.02 of the penal law, then any plea of guilty entered pursuant
 to  subdivision three or four must be or must include at least a plea of
 guilty of a felony.
   (c) Where the indictment charges a felony, other than a class A felony
 or class B felony defined in article two hundred twenty of the penal law
 or class B or class C violent felony offense as defined  in  subdivision
 one of section 70.02 of the penal law, and it appears that the defendant
 has  previously  been  subjected  to  a  predicate  felony conviction as
 defined in penal law section 70.06  then  any  plea  of  guilty  entered
 pursuant to subdivision three or four must be or must include at least a
 plea of guilty of a felony.
   (d)  Where  the  indictment charges a class A felony, other than those
 defined in article two hundred twenty of the penal  law,  or  charges  a
 class  B or class C violent felony offense as defined in subdivision one
 of section 70.02 of the penal law, then a plea of guilty entered  pursu-
 ant to subdivision three or four must be as follows:
   (i) Where the indictment charges a class A felony offense or a class B
 violent felony offense which is also an armed felony offense then a plea
 of  guilty  must  include at least a plea of guilty to a class C violent
 felony offense;
   (ii) Except as provided in subparagraph (i) of this  paragraph,  where
 the  indictment  charges  a  class B violent felony offense or a class C
 violent felony offense, then a plea of guilty must include  at  least  a
 plea of guilty to a class D violent felony offense;
   (iii)  Where the indictment charges the class D violent felony offense
 of criminal possession of a weapon in the third  degree  as  defined  in
 subdivision  four  of section 265.02 of the penal law, and the defendant
 has not been previously convicted of a class A  misdemeanor  defined  in
 the penal law in the five years preceding the commission of the offense,
 then  a  plea  of  guilty  must  be either to the class E violent felony
 offense of attempted criminal possession of a weapon in the third degree
 or to the class A misdemeanor of criminal possession of a weapon in  the
 fourth  degree  as  defined  in subdivision one of section 265.01 of the
 penal law;
   (iv) Where the indictment charges the class D violent felony  offenses
 of  criminal  possession  of  a weapon in the third degree as defined in
 subdivision four of section 265.02 of the penal law and  the  provisions
 of  subparagraph  (iii)  of  this paragraph do not apply, or subdivision
 five, seven or eight of section 265.02 of the penal law, then a plea  of
 guilty must include at least a plea of guilty to a class E violent felo-
 ny offense.
   (e)  A defendant may not enter a plea of guilty to the crime of murder
 in the first degree as defined in  section  125.27  of  the  penal  law;
 provided,  however, that a defendant may enter such a plea with both the
 permission of the court and the consent of the people  when  the  agreed
 upon  sentence  is  either life imprisonment without parole or a term of
 imprisonment for the class A-I felony of  murder  in  the  first  degree
 other than a sentence of life imprisonment without parole.
 S. 7871                            34

   (f)  The  provisions  of  this subdivision shall apply irrespective of
 whether the defendant is thereby precluded from entering a plea of guil-
 ty of any lesser included offense.
   (g)]  Where  the  defendant is a juvenile offender, [the provisions of
 paragraphs (a), (b), (c) and (d) of this  subdivision  shall  not  apply
 and]  any  plea  entered  pursuant  to subdivision three or four of this
 section, must be as follows:
   [(i)] (A) If the indictment charges a person fourteen or fifteen years
 old with the crime of murder in the second degree  any  plea  of  guilty
 entered  pursuant  to subdivision three or four must be a plea of guilty
 of a crime for which the defendant is criminally responsible;
   [(ii)] (B) If the indictment does not  charge  a  crime  specified  in
 [subparagraph  (i)]  PARAGRAPH (A) of this [paragraph] SUBDIVISION, then
 any plea of guilty entered pursuant to subdivision three or four of this
 section must be a plea of guilty of a crime for which the  defendant  is
 criminally  responsible  unless a plea of guilty is accepted pursuant to
 [subparagraph (iii)] PARAGRAPH (C) of this [paragraph] SUBDIVISION;
   [(iii)] (C) Where the indictment does not charge a crime specified  in
 [subparagraph  (i)]  PARAGRAPH  (A) of this [paragraph] SUBDIVISION, the
 district attorney may recommend removal of  the  action  to  the  family
 court.  Upon  making  such  recommendation  the  district attorney shall
 submit a subscribed memorandum setting forth: [(1)] (I) a recommendation
 that the interests of justice would best be served  by  removal  of  the
 action  to  the family court; and [(2)] (II) if the indictment charges a
 thirteen year old with the crime of murder in the second  degree,  or  a
 fourteen or fifteen year old with the crimes of rape in the first degree
 as  defined  in  subdivision  one of section 130.35 of the penal law, or
 criminal sexual act in the first degree as defined in subdivision one of
 section 130.50 of the penal law, or an armed felony as defined in  para-
 graph  (a)  of  subdivision  forty-one  of  section 1.20 of this chapter
 specific factors, one or more of which reasonably supports the recommen-
 dation, showing, [(i)] (1) mitigating circumstances that  bear  directly
 upon  the  manner  in which the crime was committed, or [(ii)] (2) where
 the defendant was not the  sole  participant  in  the  crime,  that  the
 defendant's  participation was relatively minor although not so minor as
 to constitute a defense to the  prosecution,  or  [(iii)]  (3)  possible
 deficiencies  in  proof  of  the crime, or [(iv)] (4) where the juvenile
 offender has no previous adjudications of having committed a  designated
 felony  act,  as  defined  in  subdivision eight of section 301.2 of the
 family court act, regardless of the age of the offender at the  time  of
 commission  of  the act, that the criminal act was not part of a pattern
 of criminal behavior and, in view of the history of the offender, is not
 likely to be repeated.
   If the court is of the opinion based on specific factors set forth  in
 the  district  attorney's memorandum that the interests of justice would
 best be served by removal of the action to the family court, a  plea  of
 guilty  of  a  crime  or  act  for which the defendant is not criminally
 responsible may be entered pursuant to subdivision three or four of this
 section, except that a thirteen year  old  charged  with  the  crime  of
 murder  in  the second degree may only plead to a designated felony act,
 as defined in subdivision eight of section 301.2  of  the  family  court
 act.
   Upon  accepting  any such plea, the court must specify upon the record
 the portion or portions of the district attorney's statement  the  court
 is  relying  upon  as  the basis of its opinion and that it believes the
 interests of justice would best be served by removal of  the  proceeding
 S. 7871                            35
 
 to  the  family  court.  Such plea shall then be deemed to be a juvenile
 delinquency fact determination and the court  upon  entry  thereof  must
 direct that the action be removed to the family court in accordance with
 the provisions of article seven hundred twenty-five of this chapter.
   [(g-1)]  5-A.  Where  a  defendant  is  an  adolescent  offender,  the
 provisions of paragraphs (a), (b), (c) and (d) of this subdivision shall
 not apply.  Where the plea is to an offense constituting a  misdemeanor,
 the plea shall be deemed replaced by an order of fact-finding in a juve-
 nile  delinquency  proceeding,  pursuant  to section 346.1 of the family
 court act, and the action shall  be  removed  to  the  family  court  in
 accordance with article seven hundred twenty-five of this chapter. Where
 the  plea  is  to an offense constituting a felony, the court may remove
 the action to the family court in accordance  with  section  722.23  and
 article seven hundred twenty-five of this chapter.
   [(h) Where the indictment charges the class E felony offense of aggra-
 vated harassment of an employee by an incarcerated individual as defined
 in  section  240.32 of the penal law, then a plea of guilty must include
 at least a plea of guilty to a class E felony.]
   6. The defendant may, with both the permission of the  court  and  the
 consent  of  the  people,  enter  a plea of not responsible by reason of
 mental disease or defect to the indictment in the manner  prescribed  in
 section 220.15 of this chapter.
   § 43. Subdivision 3 of section 220.30 of the criminal procedure law is
 REPEALED.
   § 44. This act shall take effect immediately.