determinate and indeterminate sentences in ny

Determinate and Indeterminate Sentences in New York

In New York State, sentences for felony crimes are divided into two main categories – determinate and indeterminate sentences. Whether a sentence is determinate or indeterminate depends on if the felony is classified as “violent” or “non-violent.” This classification is based on how the statute defines the crime, not necessarily whether violence was used in the actual commission of the crime.

Determinate Sentences

Determinate sentences, sometimes called “flat” sentences, run for a specific period of time set by the judge, like 5 or 10 years. They generally apply to violent offenses, most sex offenses, and drug offenses. Under the Sentencing Reform Act of 1998, determinate sentences also have a separate period of post-release supervision that is set by the judge. This is different from indeterminate sentences where the length of parole supervision depends on how long the defendant serves in prison. Some examples of crimes that carry determinate sentences in New York include:

• Murder in the first and second degree
• Manslaughter in the first degree
• Aggravated sexual abuse
• Criminal possession of a controlled substance (drug offenses)

Conditional Release

A person serving a determinate sentence can receive merit time allowances against their sentence of up to 1/7th of the term imposed by the court. This means they must serve at least 6/7ths of their determinate sentence before being eligible for conditional release to parole supervision. For example, if someone is sentenced to 7 years for Assault in the First Degree, they would be eligible for conditional release after serving 6 years.

Indeterminate Sentences

In New York, an indeterminate sentence provides a range between a minimum and maximum number of years set by statute. The ranges are defined in Criminal Procedure Law Sections 70.00(2) and 70.00(3). Indeterminate sentences generally apply to non-violent felonies involving things like property theft or damage. Some examples include:

• Grand Larceny
• Burglary
• Criminal Mischief

The sentencing ranges for different classes of indeterminate felonies are:

Parole Board

After completing the minimum sentence, defendants with indeterminate sentences are eligible to go before the Parole Board for discretionary release. If released, they will serve the remainder of their sentence on parole in the community under supervision. It is possible to see the Parole Board earlier through merit time credits. For example, someone sentenced to 1-3 years for a Class D felony could go before the Board after 1 year.

Conditional Release

Those serving indeterminate sentences can receive time allowances against the maximum term of up to 1/3 of the maximum imposed by the court. Conditional release occurs once the defendant has served at least half the time between their minimum and maximum sentence, assuming the Parole Board has not granted release already. For example, if someone received 2-4 years, they would be conditionally released after serving 3 years (the halfway point) if not paroled earlier.

Differences for Predicate Felons

The sentencing ranges are different for second felony offenders (“predicate felons”). For them, the minimum sentence must be half the maximum, rather than 1/3. So in the Class D felony example above, a predicate felon’s range would be 1.5 – 3 years minimum, 3.5 – 7 years maximum.

Pros and Cons of Each Sentence Type

Determinate and indeterminate sentences each have certain advantages and disadvantages.

Pros of Determinate Sentences

• Defendant knows exactly how long they will be in prison.
• Victims have closure knowing the defendant’s release date.
• May act as a deterrent since sentences are not reduced by parole boards.

Cons of Determinate Sentences

• Allow less flexibility to account for rehabilitation.
• Possibility of overpunishment if defendant reforms in prison.

Pros of Indeterminate Sentences

• Allow for early release if rehabilitation milestoness are met.
• Parole boards can assess risk of re-offending before release.

Cons of Indeterminate Sentences

• Uncertainty over time served can negatively impact prisoners.
• Possibility of disparity between defendants who seem similar.

Conclusion

Sentencing for felony crimes in New York involves many complex factors like offense class, prior record, and predicate status. Determinate sentences provide certainty in punishment while indeterminate sentences allow more flexibility based on rehabilitation. Both systems aim to balance punishment, public safety, and rehabilitation but may achieve these goals with varying levels of success.