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This entry was published on 2019-05-17
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SECTION 60.05
Authorized dispositions; other class A, B, certain C and D felonies and multiple felony offenders
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 60
§ 60.05 Authorized dispositions; other class A, B, certain C and D

felonies and multiple felony offenders.

1. Applicability. Except as provided in section 60.04 of this article
governing the authorized dispositions applicable to felony offenses
defined in article two hundred twenty or two hundred twenty-one of this
chapter or in section 60.13 of this article governing the authorized
dispositions applicable to felony sex offenses defined in paragraph (a)
of subdivision one of section 70.80 of this title, this section shall
govern the dispositions authorized when a person is to be sentenced upon
a conviction of a class A felony, a class B felony or a class C, class D
or class E felony specified herein, or when a person is to be sentenced
upon a conviction of a felony as a multiple felony offender.

2. Class A felony. Except as provided in subdivisions three and four
of section 70.06 of this chapter, every person convicted of a class A
felony must be sentenced to imprisonment in accordance with section
70.00 of this title, unless such person is convicted of murder in the
first degree and is sentenced in accordance with section 60.06 of this
article.

3. Class B felony. Except as provided in subdivision six of this
section, every person convicted of a class B violent felony offense as
defined in subdivision one of section 70.02 of this title, must be
sentenced to imprisonment in accordance with such section 70.02; and,
except as provided in subdivision six of this section, every person
convicted of any other class B felony must be sentenced to imprisonment
in accordance with section 70.00 of this title.

4. Certain class C felonies. Except as provided in subdivision six,
every person convicted of a class C violent felony offense as defined in
subdivision one of section 70.02 of this title, must be sentenced to
imprisonment in accordance with section 70.02 of this title; and, except
as provided in subdivision six of this section, every person convicted
of the class C felonies of: attempt to commit any of the class B
felonies of bribery in the first degree as defined in section 200.04,
bribe receiving in the first degree as defined in section 200.12,
conspiracy in the second degree as defined in section 105.15 and
criminal mischief in the first degree as defined in section 145.12;
criminal usury in the first degree as defined in section 190.42,
rewarding official misconduct in the first degree as defined in section
200.22, receiving reward for official misconduct in the first degree as
defined in section 200.27, attempt to promote prostitution in the first
degree as defined in section 230.32, promoting prostitution in the
second degree as defined in section 230.30, arson in the third degree as
defined in section 150.10 of this chapter, must be sentenced to
imprisonment in accordance with section 70.00 of this title.

5. Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of assault
in the second degree as defined in section 120.05, strangulation in the
second degree as defined in section 121.12 or attempt to commit a class
C felony as defined in section 230.30 of this chapter, must be sentenced
in accordance with section 70.00 or 85.00 of this title.

6. Multiple felony offender. When the court imposes sentence upon a
second violent felony offender, as defined in section 70.04, or a second
felony offender, as defined in section 70.06, the court must impose a
sentence of imprisonment in accordance with section 70.04 or 70.06, as
the case may be, unless it imposes a sentence of imprisonment in
accordance with section 70.08 or 70.10.

7. Fines. Where the court imposes a sentence of imprisonment in
accordance with this section, the court also may impose a fine
authorized by article eighty and in such case the sentence shall be both
imprisonment and a fine.

8. Shock incarceration participation. (a) When the court imposes a
determinate sentence of imprisonment pursuant to subdivision three of
section 70.02 of this chapter or subdivision six of section 70.06 of
this chapter upon a person who stands convicted either of burglary in
the second degree as defined in subdivision two of section 140.25 of
this chapter or robbery in the second degree as defined in subdivision
one of section 160.10 of this chapter, or an attempt thereof, upon
motion of the defendant, the court may issue an order directing that the
department of corrections and community supervision enroll the defendant
in the shock incarceration program as defined in article twenty-six-A of
the correction law, provided that the defendant is an eligible inmate,
as described in subdivision one of section eight hundred sixty-five of
the correction law. Notwithstanding the foregoing provisions of this
subdivision, any defendant to be enrolled in such program pursuant to
this subdivision shall be governed by the same rules and regulations
promulgated by the department of corrections and community supervision,
including without limitation those rules and regulations establishing
requirements for completion and such rules and regulations governing
discipline and removal from the program.

(b) Paragraph (b) of subdivision seven of section 60.04 of this
article shall apply in the event an inmate designated by court order for
enrollment in the shock incarceration program requires a degree of
medical care or mental health care that cannot be provided at a shock
incarceration facility.