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This entry was published on 2021-04-23
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SECTION 65.15
Calculation of periods of probation and of conditional discharge
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 65
§ 65.15 Calculation of periods of probation and of conditional

discharge.

1. A period of probation or a period or additional period of
conditional discharge commences on the day it is imposed. Multiple
periods, whether imposed at the same or at different times, shall run
concurrently.

2. When a person has violated the conditions of his or her probation
or conditional discharge and is declared delinquent by the court, the
declaration of delinquency shall interrupt the period of the sentence as
of the date of the delinquency and such interruption shall continue
until a final determination as to the delinquency has been made by the
court pursuant to a hearing held in accordance with the provisions of
the criminal procedure law. Any order for the installation and
maintenance of a functioning ignition interlock device imposed pursuant
to section 60.21 of this title shall remain in effect throughout the
delinquency and the court may extend the period of such installation and
maintenance by the period of the delinquency; provided, however, that
the defendant shall get credit for any period where the device was
installed and maintained during the delinquency.

* 3. In any case where a person who is under a sentence of probation
or of conditional discharge is also under an indeterminate or
determinate sentence of imprisonment, imposed for some other offense by
a court of this state the service of the sentence of imprisonment shall
satisfy the sentence of probation or of conditional discharge unless the
sentence of probation or of conditional discharge is revoked prior to
the next to occur of parole or conditional release under, or
satisfaction of, the sentence of imprisonment. Provided, however, that
the service of an indeterminate or determinate sentence of imprisonment
shall not satisfy a sentence of probation if the sentence of probation
was imposed at a time when the sentence of imprisonment had one year or
less to run.

* NB Effective until September 1, 2023

* 3. In any case where a person who is under a sentence of probation
or of conditional discharge is also under an indeterminate sentence of
imprisonment, or a reformatory sentence of imprisonment authorized by
section 75.00, imposed for some other offense by a court of this state
the service of the sentence of imprisonment shall satisfy the sentence
of probation or of conditional discharge unless the sentence of
probation or of conditional discharge is revoked prior to the next to
occur of parole or conditional release under, or satisfaction of, the
sentence of imprisonment. Provided, however, that the service of an
indeterminate or a reformatory sentence of imprisonment shall not
satisfy a sentence of probation if the sentence of probation was imposed
at a time when the sentence of imprisonment had one year or less to run.

* NB Effective September 1, 2023