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This entry was published on 2019-06-14
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SECTION 60.12
Authorized disposition; alternative sentence; domestic violence cases
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 60
§ 60.12 Authorized disposition; alternative sentence; domestic violence

cases.

1. Notwithstanding any other provision of law, where a court is
imposing sentence upon a person pursuant to section 70.00, 70.02, 70.06
or subdivision two or three of section 70.71 of this title, other than
for an offense defined in section 125.26, 125.27, subdivision five of
section 125.25, or article 490 of this chapter, or for an offense which
would require such person to register as a sex offender pursuant to
article six-C of the correction law, an attempt or conspiracy to commit
any such offense, and is authorized or required pursuant to sections
70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this
title to impose a sentence of imprisonment, the court, upon a
determination following a hearing that (a) at the time of the instant
offense, the defendant was a victim of domestic violence subjected to
substantial physical, sexual or psychological abuse inflicted by a
member of the same family or household as the defendant as such term is
defined in subdivision one of section 530.11 of the criminal procedure
law; (b) such abuse was a significant contributing factor to the
defendant's criminal behavior; (c) having regard for the nature and
circumstances of the crime and the history, character and condition of
the defendant, that a sentence of imprisonment pursuant to section
70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this
title would be unduly harsh may instead impose a sentence in accordance
with this section.

A court may determine that such abuse constitutes a significant
contributing factor pursuant to paragraph (b) of this subdivision
regardless of whether the defendant raised a defense pursuant to article
thirty-five, article forty, or subdivision one of section 125.25 of this
chapter.

At the hearing to determine whether the defendant should be sentenced
pursuant to this section, the court shall consider oral and written
arguments, take testimony from witnesses offered by either party, and
consider relevant evidence to assist in making its determination.
Reliable hearsay shall be admissible at such hearings.

2. Where a court would otherwise be required to impose a sentence
pursuant to section 70.02 of this title, the court may impose a definite
sentence of imprisonment of one year or less, or probation in accordance
with the provisions of section 65.00 of this title, or may fix a
determinate term of imprisonment as follows:

(a) For a class B felony, the term must be at least one year and must
not exceed five years;

(b) For a class C felony, the term must be at least one year and must
not exceed three and one-half years;

(c) For a class D felony, the term must be at least one year and must
not exceed two years; and

(d) For a class E felony, the term must be one year and must not
exceed one and one-half years.

3. Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to section 70.00 of this title, the
court may fix a determinate term of imprisonment of at least five years
and not to exceed fifteen years.

4. Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to subparagraph (i) of paragraph (b)
of subdivision two of section 70.71 of this title, the court may fix a
determinate term of imprisonment of at least five years and not to
exceed eight years.

5. Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to subparagraph (i) of paragraph (b)
of subdivision three of section 70.71 of this title, the court may fix a
determinate term of imprisonment of at least five years and not to
exceed twelve years.

6. Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to subparagraph (ii) of paragraph (b)
of subdivision two of section 70.71 of this title, the court may fix a
determinate term of imprisonment of at least one year and not to exceed
three years.

7. Where a court would otherwise be required to impose a sentence for
a class A felony offense pursuant to subparagraph (ii) of paragraph (b)
of subdivision three of section 70.71 of this title, the court may fix a
determinate term of imprisonment of at least three years and not to
exceed six years.

8. Where a court would otherwise be required to impose a sentence
pursuant to subdivision six of section 70.06 of this title, the court
may fix a term of imprisonment as follows:

(a) For a class B felony, the term must be at least three years and
must not exceed eight years;

(b) For a class C felony, the term must be at least two and one-half
years and must not exceed five years;

(c) For a class D felony, the term must be at least two years and must
not exceed three years;

(d) For a class E felony, the term must be at least one and one-half
years and must not exceed two years.

9. Where a court would otherwise be required to impose a sentence for
a class B, C, D or E felony offense pursuant to section 70.00 of this
title, the court may impose a sentence in accordance with the provisions
of subdivision two of section 70.70 of this title.

10. Except as provided in subdivision seven of this section, where a
court would otherwise be required to impose a sentence pursuant to
subdivision three of section 70.06 of this title, the court may impose a
sentence in accordance with the provisions of subdivision three of
section 70.70 of this title.

11. Where a court would otherwise be required to impose a sentence
pursuant to subdivision three of section 70.06 of this title, where the
prior felony conviction was for a felony offense defined in section
70.02 of this title, the court may impose a sentence in accordance with
the provisions of subdivision four of section 70.70 of this title.