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This entry was published on 2021-08-13
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Post-release supervision; certain cases
Correction (COR) CHAPTER 43, ARTICLE 22
§ 601-d. Post-release supervision; certain cases. This section shall
apply only to incarcerated individuals in the custody of the
commissioner, and releasees under the supervision of the department,
upon whom a determinate sentence was imposed between September first,
nineteen hundred ninety-eight, and the effective date of this section,
which was required by law to include a term of post-release supervision:

1. For purposes of this section, such a person shall be deemed a
"designated person" if the commitment order that accompanied such person
does not indicate imposition of any term of post-release supervision;
provided, however, that if such agency with custody of or supervision
over such person has the sentencing minutes that show that a term of
post-release supervision was actually pronounced at sentence, such
person shall not be deemed a designated person.

2. Whenever it shall appear to the satisfaction of the department that
an incarcerated individual in its custody or that a releasee under its
supervision, is a designated person, the department shall make
notification of that fact to the court that sentenced such person, and
to the incarcerated individual or releasee.

3. If a sentencing court that has received such notice, after
reviewing the sentencing minutes, if available, is or becomes aware that
a term of post-release supervision was in fact pronounced at the prior
sentencing of such person, it shall issue a superseding commitment order
reflecting that fact, accompanied by a written explanation of the basis
for that conclusion, and send such order and explanation to the
department, to the defendant, and to the attorney who appeared for the
defendant in connection with the judgment or sentence or, if the
defendant is currently represented concerning his or her conviction or
sentence or with respect to an appeal from his or her sentence, such
present counsel.

4. (a) If the sentencing court shall not have issued a superseding
commitment order, reflecting imposition of a term of post-release
supervision, within ten days after receiving notice pursuant to
subdivision two of this section, then the sentencing court shall appoint
counsel pursuant to section seven hundred twenty-two of the county law,
provide a copy of the notice pursuant to subdivision two of this section
to such counsel, and calendar such person for a court appearance which
shall occur no later than twenty days after receipt of said notice. At
such court appearance, the court shall furnish a copy of such notice and
the proceeding date pursuant to paragraph (c) of this subdivision to the
district attorney, the designated person, assigned counsel and the

(b) The court shall promptly seek to obtain sentencing minutes, plea
minutes and any other records and shall provide copies to the parties
and conduct any reconstruction proceedings that may be necessary to
determine whether to resentence such person.

(c) The court shall commence a proceeding to consider resentence no
later than thirty days after receiving notice pursuant to subdivision
two of this section.

(d) The court shall, no later than forty days after receipt of such
notice, issue and enter a written determination and order, copies of
which shall be immediately provided to the district attorney, the
designated person, his or her counsel and the department along with any
sentencing minutes pursuant to section 380.70 of the criminal procedure

(e) The designated person may, with counsel, knowingly consent to
extend the time periods specified in paragraphs (c) and (d) of this
subdivision. The people may apply to the court for an extension of ten
days on the basis of extraordinary circumstances that preclude final
resolution within such period of the question of whether the defendant
will be resentenced. The department shall be notified by the court of
any such extension.

5. The court shall promptly notify the agency that referred a
designated person whenever it (a) resentences the defendant to a
sentence that includes a term of post-release supervision; or (b)
determines that it will not resentence the defendant under this section
or otherwise. Upon the conclusion of the proceeding, the court shall
furnish the parties and the agency that referred the designated person
with an accurate copy of the current order of commitment for the person.

6. In any case in which the department notifies the court of a
designated person, and has not been informed that the court has made a
determination in accordance with paragraph (d) of subdivision four of
this section (unless extended pursuant to paragraph (e) of such
subdivision), the department may notify the court that it has not
received a determination and, in any event, shall adjust its records
with respect to post-release supervision noting that the court has not,
in accordance with subdivision four of this section, imposed a sentence
of post-release supervision.

7. When the department complies with this section as to a person
confined in state prison, it need not separately follow the procedures
set forth in section six hundred one-a of this article.

8. Nothing in this section shall affect the power of any court to
hear, consider and decide any petition, motion or proceeding pursuant to
article four hundred forty of the criminal procedure law, article
seventy or seventy-eight of the civil practice law and rules, or any
authorized proceeding.