§ 70.40 Release on parole; conditional release. 1. Indeterminate sentence. (a) [Effective until 2005/9/30] Release on parole shall be in the discretion of the state board of parole, and such person shall continue service of his sentence or sentences while on parole, in accordance with and subject to the provisions of the executive law. * (i) A person who is serving one or more than one indeterminate sentence of imprisonment may be paroled from the institution in which he is confined at any time after the expiration of the minimum or the aggregate minimum period of the sentence or sentences or, where applica- ble, the minimum or aggregate minimum period reduced by the merit time allowance granted pursuant to paragraph (d) of subdivision one of section eight hundred three of the correction law. * NB Effective until 02/09/01 * (i) A person who is serving one or more than one indeterminate sentence of imprisonment may be paroled from the institution in which he is confined at any time after the expiration of the minimum or the aggregate minimum period of the sentence or sentences. * NB Effective 02/09/01 (ii) A person who is serving one or more than one determinate sentence of imprisonment shall be ineligible for discretionary release on parole. (iii) A person who is serving one or more than one indeterminate sentence of imprisonment and one or more than one determinate sentence of imprisonment which run concurrently may be paroled at any time after the expiration of the minimum period of imprisonment of the indetermi- nate sentence or sentences, or upon the expiration of six-sevenths of the term of imprisonment of the determinate sentence or sentences, whichever is later. (iv) A person who is serving one or more than one indeterminate sentence of imprisonment and one or more than one determinate sentence of imprisonment which run consecutively may be paroled at any time after the expiration of the sum of the minimum or aggregate minimum period of the indeterminate sentence or sentences and six-sevenths of the term or aggregate term of imprisonment of the determinate sentence or sentences. (v) Notwithstanding any other subparagraph of this paragraph, a person may be paroled from the institution in which he is confined at any time on medical parole pursuant to section two hundred fifty-nine-r of the executive law or for deportation pursuant to paragraph (d) of subdivi- sion two of section two hundred fifty-nine-i of the executive law or after the successful completion of a shock incarceration program pursu- ant to article twenty-six-A of the correction law. * (b) A person who is serving one or more than one indeterminate or determinate sentence of imprisonment shall, if he so requests, be condi- tionally released from the institution in which he is confined when the total good behavior time allowed to him, pursuant to the provisions of the correction law, is equal to the unserved portion of his term, maxi- mum term or aggregate maximum term; provided, however, that (i) in no event shall a person serving one or more indeterminate sentence of imprisonment and one or more determinate sentence of imprisonment which run concurrently be conditionally released until serving at least six- sevenths of the determinate term of imprisonment which has the longest unexpired time to run and (ii) in no event shall a person be condi- tionally released prior to the date on which such person is first eligi- ble for discretionary parole release. The conditions of release, includ- ing those governing post-release supervision, shall be such as may be imposed by the state board of parole in accordance with the provisions of the executive law. Every person so released shall be under the supervision of the state board of parole for a period equal to the unserved portion of the term, maximum term, aggregate maximum term, or period of post-release super- vision. * NB Effective until 2005/09/30 * (b) A person who is serving one or more than one indeterminate sentence of imprisonment shall, if he so requests, be conditionally released from the institution in which he is confined when the total good behavior time allowed to him, pursuant to the provisions of the correction law, is equal to the unserved portion of his maximum or aggregate maximum term. The conditions of release shall be such as may be imposed by the state board of parole in accordance with the provisions of the executive law. Every person so released shall be under the supervision of the state board of parole for a period equal to the unserved portion of the maxi- mum or aggregate maximum term. * NB Effective 2005/09/30 * 2. Definite sentence. A person who is serving one or more than one definite sentence of imprisonment with a term or aggregate term in excess of ninety days may, if he so requests, be conditionally released from the institution in which he is confined at any time after service of sixty days of that term, exclusive of credits allowed under subdivi- sions four and six of section 70.30. In computing service of sixty days, the credit allowed for jail time under subdivision three of section 70.30 shall be calculated as time served. Conditional release from such institution shall be in the discretion of the local conditional release commission, and shall be upon such conditions as may be imposed by that commission, in accordance with the provisions of the correction law. Conditional release shall interrupt service of the sentence or sentences and the remaining portion of the term or aggregate term shall be held in abeyance. Every person so released shall be under the supervision of a local probation department and in the custody of the local conditional release commission in accordance with article twelve of the correction law for a period of one year. The local probation department shall cause complete records to be kept of every person released to its supervision pursuant to this subdivision. The division of parole may supply to a local probation department and the local condition release commission custody information and records maintained on persons under the super- vision of such local probation department to aid in the performance of its supervision responsibilities. Compliance with the conditions of release during the period of supervision shall satisfy the portion of the term or aggregate term that has been held in abeyance. * NB Repealed 99/09/01 * 2. Definite sentence. A person who is serving one or more than one definite sentence of imprisonment with a term or aggregate term in excess of ninety days may, if he so requests, be conditionally released from the institution in which he is confined at any time after service of sixty days of that term, exclusive of credits allowed under subdivi- sions four and six of section 70.30. In computing service of sixty days, the credit allowed for jail time under subdivision three of section 70.30 shall be calculated as time served. Conditional release from such institution shall be in the discretion of the parole board, and shall be upon such conditions as may be imposed by that board, in accordance with the provisions of the executive law. Conditional release shall interrupt service of the sentence or sentences and the remaining portion of the term or aggregate term shall be held in abeyance. Every person so released shall be under the super- vision of the parole board for a period of one year. Compliance with the conditions of release during the period of supervision shall satisfy the portion of the term or aggregate term that has been held in abey- ance. * NB Effective 99/09/01 3. Delinquency. (a) When a person is alleged to have violated the terms of parole and the state board of parole has declared such person to be delinquent, the declaration of delinquency shall interrupt the person's sentence as of the date of the delinquency and such inter- ruption shall continue until the return of the person to an institution under the jurisdiction of the state department of correctional services. * (b) When a person is alleged to have violated the terms of his conditional release or post-release supervision and has been declared delinquent by the board having supervision over such person or the local conditional release commission, the declaration of delinquency shall interrupt the period of supervision or post-release supervision as of the date of the delinquency. For a conditional releasee, such inter- ruption shall continue until the return of the person to the local correctional facility located in the jurisdiction of the commission having custody of such person or, if he was released from an institution under the jurisdiction of the state department of correctional services, to an institution under the jurisdiction of that department. Upon such return, the person shall resume service of his sentence. For a person released to post-release supervision, the provisions of section 70.45 shall apply. * NB Repealed 99/09/01 * (b) When a person has violated the terms of his conditional release and has been declared delinquent by the board or commission having supervision over him, the declaration of delinquency shall interrupt the period of supervision as of the date of the delinquency and such inter- ruption shall continue until the return of the person to the institution from which he was released or, if he was released from an institution under the jurisdiction of the state department of correction, to an institution under the jurisdiction of that department. Upon such return, the person shall resume service of his sentence. * NB Effective 99/09/01 (c) Any time spent by a person in custody from the time of delinquency to the time service of the sentence resumes shall be credited against the term or maximum term of the interrupted sentence, provided: (i) that such custody was due to an arrest or surrender based upon the delinquency; or (ii) that such custody arose from an arrest on another charge which culminated in a dismissal or an acquittal; or (iii) that such custody arose from an arrest on another charge which culminated in a conviction, but in such case, if a sentence of imprison- ment was imposed, the credit allowed shall be limited to the portion of the time spent in custody that exceeds the period, term or maximum term of imprisonment imposed for such conviction.
(For verification consult Official Text at Senate Gopher site.)