S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4472
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M. of A. COOK -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to sentencing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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],  AS  HEREINAFTER
 PROVIDED:
   (A)  IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED FOR A CONVICTION
 OF A FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO  HUNDRED  TWEN-
 TY-ONE  OF  THIS  CHAPTER,  THEN  THE SENTENCE SHALL BE AS AUTHORIZED BY
 SECTION 60.04 OF THIS ARTICLE FOR A CLASS E FELONY, AND IF A DETERMINATE
 SENTENCE OF IMPRISONMENT IS IMPOSED, THE CORRESPONDING PERIOD  OF  POST-
 RELEASE SUPERVISION PROVIDED FOR THAT CLASS E FELONY BY SECTION 70.45 OF
 THIS TITLE SHALL ALSO BE IMPOSED.
   (B)  IF THE YOUTHFUL OFFENDER FINDING WAS SUBSTITUTED FOR A CONVICTION
 OF ANY OTHER FELONY, THEN THE SENTENCE SHALL BE AS AUTHORIZED BY SECTION
 60.01 OF THIS ARTICLE FOR A SENTENCE UPON A  CONVICTION  OF  A  CLASS  E
 FELONY OFFENSE; PROVIDED, HOWEVER, THAT IF THE YOUTHFUL OFFENDER FINDING
 WAS  SUBSTITUTED FOR A CONVICTION OF A VIOLENT FELONY OFFENSE AS DEFINED
 IN SECTION 70.02 OF THIS TITLE OR A FELONY SEX  OFFENSE  AS  DEFINED  IN
 PARAGRAPH  (A)  OF  SUBDIVISION ONE OF SECTION 70.80 OF THIS TITLE AND A
 SENTENCE OF IMPRISONMENT IN EXCESS OF ONE YEAR IS IMPOSED TO  BE  SERVED
 IN  A  FACILITY  OF  THE  STATE  DEPARTMENT OF CORRECTIONS AND COMMUNITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07796-01-1

 A. 4472                             2
 
 SUPERVISION IS IMPOSED, THE SENTENCE SHALL BE THE  DETERMINATE  SENTENCE
 OF  IMPRISONMENT  AUTHORIZED  FOR SUCH CLASS E VIOLENT FELONY OFFENSE OR
 FELONY SEX OFFENSE, AND THE CORRESPONDING PERIOD OF POST-RELEASE  SUPER-
 VISION PROVIDED FOR SUCH CLASS E FELONY BY SECTION 70.45 OF THIS TITLE.
   §  2.  This act shall take effect immediately; provided, however, that
 this act shall apply to offenses committed on or  after  such  effective
 date.