§ 259-h. Parole eligibility for certain incarcerated individuals
sentenced for crimes committed prior to September first, nineteen
hundred sixty-seven. 1. The provisions of this subdivision shall apply
in any case where a person is under one or more of the following
sentences imposed pursuant to the penal law in effect prior to September
first, nineteen hundred sixty-seven:

(a) Life imprisonment for the crime of murder in the first degree
pursuant to section ten hundred forty-five or ten hundred forty-five-a
of such law;

(b) Life imprisonment for the crime of kidnapping pursuant to section
twelve hundred fifty of such law; or

(c) Death commuted to life imprisonment for the crime of murder in the
first degree or for the crime of kidnapping pursuant to one of the above
sections.

Any such person who is not otherwise or who will not sooner become
eligible for release on parole under such sentence shall be or become
eligible for release on parole after service of a minimum period of
imprisonment of twenty years.

2. The provisions of this subdivision shall apply in any case where a
person is under one or more of the following sentences imposed pursuant
to the penal law in effect prior to September first, nineteen hundred
sixty-seven:

(a) A minimum term of twenty years or more and a maximum of natural
life for the crime of murder in the second degree pursuant to section
ten hundred forty-eight of such law;

(b) A minimum term of twenty years or more and a maximum of natural
life for the crime of kidnapping imposed pursuant to section twelve
hundred fifty of such law;

(c) A minimum term of fifteen years or more and a maximum of natural
life for a third conviction of a felony under laws relating to narcotic
drugs pursuant to section nineteen hundred forty-one of such law; or

(d) A minimum term of fifteen years or more and a maximum of natural
life for a fourth conviction of a felony pursuant to section nineteen
hundred forty-two of such law.

Any person who is not otherwise or who will not sooner become eligible
for release on parole under such sentence shall be or become eligible
for release on parole after service of a minimum period of imprisonment
of fifteen years.

3. The provisions of this subdivision shall apply in any case where a
person is under a sentence imposed pursuant to the penal law in effect
prior to September first, nineteen hundred sixty-seven, other than a
sentence specified in subdivisions one and two of this section. Any
person who is not otherwise or who will not sooner become eligible for
release on parole shall be or become eligible for release on parole
under such sentence after service of a minimum period of imprisonment of
eight years and four months.

Notwithstanding the provisions of subdivisions one and two hereof,
incarcerated individuals convicted of murder, second degree, and
sentenced pursuant to the provisions of the penal law in effect prior to
September first, nineteen hundred sixty-seven, who are not otherwise or
who will not sooner become eligible for release on parole, shall be
eligible for release on parole under such sentence after service of a
minimum period of imprisonment of eight years and four months.

4. In calculating time required to be served prior to eligibility for
parole under the minimum periods of imprisonment established by this
section the following rules shall apply:

(a) Service of such time shall be deemed to have commenced on the day
the incarcerated individual was received in an institution under the
jurisdiction of the department pursuant to the sentence;

(b) Where an incarcerated individual is under more than one sentence,
(i) if the sentences run concurrently, the time served under
imprisonment on any of the sentences shall be credited against the
minimum periods of all the concurrent sentences, and (ii) if the
sentences run consecutively, the minimum periods of imprisonment shall
merge in and be satisfied by service of the period that has the longest
unexpired time to run;

(c) No credit shall be allowed for "good conduct and efficient and
willing performance of duties," under former section two hundred thirty
of the correction law, repealed by chapter four hundred seventy-six of
the laws of nineteen hundred seventy and continued in effect as to
certain incarcerated individuals, or under any other provision of law;

(d) Calculations with respect to "jail time" "time served under
vacated sentence" and interruption for "escape" shall be in accordance
with the provisions of subdivisions three, five and six of section 70.30
of the penal law as enacted by chapter ten hundred thirty of the laws of
nineteen hundred sixty-five, as amended.

5. The provisions of this section shall not be construed as
diminishing the discretionary authority of the board of parole to
determine whether or not an incarcerated individual is to be paroled.