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This entry was published on 2014-09-22
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SECTION 70.05
Sentence of imprisonment for juvenile offender
Penal (PEN) CHAPTER 40, PART 2, TITLE E, ARTICLE 70
§ 70.05 Sentence of imprisonment for juvenile offender.

1. Indeterminate sentence. A sentence of imprisonment for a felony
committed by a juvenile offender shall be an indeterminate sentence.
When such a sentence is imposed, the court shall impose a maximum term
in accordance with the provisions of subdivision two of this section and
the minimum period of imprisonment shall be as provided in subdivision
three of this section. The court shall further provide that where a
juvenile offender is under placement pursuant to article three of the
family court act, any sentence imposed pursuant to this section which is
to be served consecutively with such placement shall be served in a
facility designated pursuant to subdivision four of section 70.20 of
this article prior to service of the placement in any previously
designated facility.

2. Maximum term of sentence. The maximum term of an indeterminate
sentence for a juvenile offender shall be at least three years and the
term shall be fixed as follows:

(a) For the class A felony of murder in the second degree, the term
shall be life imprisonment;

(b) For the class A felony of arson in the first degree, or for the
class A felony of kidnapping in the first degree the term shall be fixed
by the court, and shall be at least twelve years but shall not exceed
fifteen years;

(c) For a class B felony, the term shall be fixed by the court, and
shall not exceed ten years;

(d) For a class C felony, the term shall be fixed by the court, and
shall not exceed seven years; and

(e) For a class D felony, the term shall be fixed by the court and
shall not exceed four years.

3. Minimum period of imprisonment. The minimum period of imprisonment
under an indeterminate sentence for a juvenile offender shall be
specified in the sentence as follows:

(a) For the class A felony of murder in the second degree, the minimum
period of imprisonment shall be fixed by the court and shall be not less
than five years but shall not exceed nine years provided, however, that
where the sentence is for an offense specified in subdivision one or two
of section 125.25 of this chapter and the defendant was fourteen or
fifteen years old at the time of such offense, the minimum period of
imprisonment shall be not less than seven and one-half years but shall
not exceed fifteen years;

(b) For the class A felony of arson in the first degree, or for the
class A felony of kidnapping in the first degree, the minimum period of
imprisonment shall be fixed by the court and shall be not less than four
years but shall not exceed six years; and

(c) For a class B, C or D felony, the minimum period of imprisonment
shall be fixed by the court at one-third of the maximum term imposed.