S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5108
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 10, 2013
                                      ___________
       Introduced by Sen. NOZZOLIO -- (at request of the Office of Court Admin-
         istration)  --  read twice and ordered printed, and when printed to be
         committed to the Committee on Codes
       AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
         relation to sentencing; and to repeal certain provisions of the crimi-
         nal procedure law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 60.02 of the penal law, as amended
    2  by chapter 471 of the laws of 1980, is amended to read as follows:
    3    (2) If the sentence is to be imposed upon a youthful offender  finding
    4  which  has  been  substituted for a conviction for any felony, the court
    5  must impose a sentence authorized to be imposed upon a person  convicted
    6  of a class E felony [provided, however, that the court must not impose a
    7  sentence  of  conditional  discharge  or  unconditional discharge if the
    8  youthful offender finding was substituted for a conviction of  a  felony
    9  defined  in  article two hundred twenty of this chapter], AS HEREINAFTER
   10  PROVIDED:
   11    (A) IF THE YOUTHFUL OFFENDER FINDING  WAS  SUBSTITUTED  FOR  A  FELONY
   12  DEFINED  IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THIS
   13  CHAPTER, THEN THE SENTENCE SHALL BE AS AUTHORIZED BY SECTION 60.04 FOR A
   14  CLASS E FELONY,  AND  IF  A  DETERMINATE  SENTENCE  OF  IMPRISONMENT  IS
   15  IMPOSED,  THE  CORRESPONDING PERIOD OF POST-RELEASE SUPERVISION PROVIDED
   16  FOR THAT CLASS E FELONY BY SECTION 70.45 OF THIS  TITLE  SHALL  ALSO  BE
   17  IMPOSED.  IN  ADDITION  TO  SUCH  AUTHORIZED SENTENCES, IF THE DEFENDANT
   18  MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF SECTION 60.14 OF THIS ARTI-
   19  CLE, A COURT MAY IMPOSE THE PAROLE SUPERVISION  SENTENCE  AUTHORIZED  BY
   20  THAT SECTION.
   21    (B)  IF  THE  YOUTHFUL  OFFENDER FINDING WAS SUBSTITUTED FOR ANY OTHER
   22  FELONY, THEN THE SENTENCE SHALL BE AS AUTHORIZED  BY  SECTION  60.01  OF
   23  THIS  ARTICLE  FOR  A  SENTENCE  UPON  A  CONVICTION OF A CLASS E FELONY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10116-01-3
       S. 5108                             2
    1  OFFENSE; PROVIDED, HOWEVER, THAT IF THE YOUTHFUL  OFFENDER  FINDING  WAS
    2  SUBSTITUTED  FOR A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF
    3  THIS TITLE OR A FELONY SEX OFFENSE AS DEFINED IN PARAGRAPH (A) OF SUBDI-
    4  VISION ONE OF SECTION 70.80 OF THIS TITLE AND A SENTENCE OF IMPRISONMENT
    5  IN EXCESS OF ONE YEAR IS IMPOSED TO BE SERVED IN A FACILITY OF THE STATE
    6  DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION IS IMPOSED, THE
    7  SENTENCE SHALL BE THE DETERMINATE SENTENCE  OF  IMPRISONMENT  AUTHORIZED
    8  FOR  A CLASS E VIOLENT FELONY OFFENSE OR FELONY SEX OFFENSE, AS THE CASE
    9  MAY  BE,  AND  THE  CORRESPONDING  PERIOD  OF  POST-RELEASE  SUPERVISION
   10  PROVIDED FOR THAT CLASS E FELONY BY SECTION 70.45 OF THIS TITLE.
   11    S 2. Section 410.91 of the criminal procedure law is REPEALED.
   12    S 3. The penal law is amended by adding a new section 60.14 to read as
   13  follows:
   14  S 60.14 SENTENCE OF PAROLE SUPERVISION.
   15    1. DEFINITIONS.
   16    (A) AN "ELIGIBLE DEFENDANT" IS A PERSON WHO:
   17    (I) STANDS CONVICTED OF EITHER (1) A CLASS B FELONY DEFINED IN ARTICLE
   18  TWO  HUNDRED  TWENTY  OF  THIS  CHAPTER OTHER THAN THE FELONY DEFINED IN
   19  SECTION 220.48 OF  THIS  CHAPTER  AND  IS  SENTENCED  TO  A  DETERMINATE
   20  SENTENCE OF IMPRISONMENT PURSUANT TO SUBDIVISION TWO OF SECTION 70.70 OF
   21  THIS  TITLE;  OR  (2)  A  CLASS C, D, OR E FELONY DEFINED IN ARTICLE TWO
   22  HUNDRED TWENTY  OR  TWO  HUNDRED  TWENTY-ONE  OF  THIS  CHAPTER  AND  IS
   23  SENTENCED TO A DETERMINATE SENTENCE OF IMPRISONMENT PURSUANT TO SUBDIVI-
   24  SION  THREE  OF SECTION 70.70 OF THIS TITLE; OR (3) A NON-DRUG SPECIFIED
   25  FELONY OR FELONIES AND IS SENTENCED  TO  AN  INDETERMINATE  SENTENCE  OF
   26  IMPRISONMENT PURSUANT TO SECTION 70.06 OF THIS TITLE; AND
   27    (II) STANDS CONVICTED OF NO OTHER FELONY OFFENSE; AND
   28    (III) HAS NOT PREVIOUSLY BEEN CONVICTED OF A CLASS A FELONY, A CLASS B
   29  FELONY OTHER THAN A CLASS B FELONY DEFINED IN ARTICLE TWO HUNDRED TWENTY
   30  OF THIS CHAPTER, OR A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02
   31  OF THIS TITLE; AND
   32    (IV)  IS  NOT  UNDER  THE  JURISDICTION OF OR AWAITING DELIVERY TO THE
   33  STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   34    (B) A "NON-DRUG SPECIFIED FELONY" IS A CLASS D OR E FELONY DEFINED  BY
   35  ANY  OF  THE FOLLOWING PROVISIONS OF THIS CHAPTER: BURGLARY IN THE THIRD
   36  DEGREE AS DEFINED IN SECTION 140.20,  CRIMINAL  MISCHIEF  IN  THE  THIRD
   37  DEGREE  AS  DEFINED  IN  SECTION 145.05, CRIMINAL MISCHIEF IN THE SECOND
   38  DEGREE AS DEFINED IN SECTION 145.10, GRAND LARCENY IN THE FOURTH  DEGREE
   39  AS  DEFINED IN SUBDIVISION ONE, TWO, THREE, FOUR, FIVE, SIX, EIGHT, NINE
   40  OR TEN OF SECTION 155.30, GRAND LARCENY IN THE THIRD DEGREE  AS  DEFINED
   41  IN  SECTION  155.35  (EXCEPT  WHERE THE PROPERTY CONSISTS OF ONE OR MORE
   42  FIREARMS, RIFLES OR SHOTGUNS), UNAUTHORIZED USE  OF  A  VEHICLE  IN  THE
   43  SECOND  DEGREE  AS  DEFINED  IN  SECTION  165.06, CRIMINAL POSSESSION OF
   44  STOLEN PROPERTY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION ONE, TWO,
   45  THREE, FIVE OR SIX OF SECTION  165.45,  CRIMINAL  POSSESSION  OF  STOLEN
   46  PROPERTY  IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 (EXCEPT WHERE
   47  THE PROPERTY CONSISTS OF ONE OR  MORE  FIREARMS,  RIFLES  OR  SHOTGUNS),
   48  FORGERY  IN  THE  SECOND  DEGREE  AS DEFINED IN SECTION 170.10, CRIMINAL
   49  POSSESSION OF A FORGED INSTRUMENT IN THE SECOND  DEGREE  AS  DEFINED  IN
   50  SECTION 170.25, UNLAWFULLY USING SLUGS IN THE FIRST DEGREE AS DEFINED IN
   51  SECTION  170.60,  OR  AN  ATTEMPT  TO  COMMIT  ANY OF THE AFOREMENTIONED
   52  OFFENSES IF SUCH ATTEMPT CONSTITUTES A FELONY OFFENSE.
   53    (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "PAROLE" SHALL  INCLUDE
   54  POST-RELEASE  SUPERVISION  AND THE TERM "PAROLEE" SHALL INCLUDE A PERSON
   55  ON POST-RELEASE SUPERVISION.
       S. 5108                             3
    1    2. A COURT MAY DIRECT THAT A DETERMINATE OR INDETERMINATE SENTENCE  OF
    2  IMPRISONMENT  BE  EXECUTED  AS  A  SENTENCE OF PAROLE SUPERVISION IF THE
    3  COURT FINDS (A) THAT THE DEFENDANT IS AN ELIGIBLE  DEFENDANT;  (B)  THAT
    4  THE DEFENDANT HAS A HISTORY OF CONTROLLED SUBSTANCE DEPENDENCE THAT IS A
    5  SIGNIFICANT  CONTRIBUTING  FACTOR  TO SUCH DEFENDANT'S CRIMINAL CONDUCT;
    6  (C) THAT SUCH  DEFENDANT'S  CONTROLLED  SUBSTANCE  DEPENDENCE  COULD  BE
    7  APPROPRIATELY  ADDRESSED  BY  A  SENTENCE OF PAROLE SUPERVISION; AND (D)
    8  THAT IMPOSITION OF SUCH A SENTENCE WOULD NOT HAVE AN ADVERSE  EFFECT  ON
    9  PUBLIC  SAFETY  OR  PUBLIC  CONFIDENCE  IN THE INTEGRITY OF THE CRIMINAL
   10  JUSTICE SYSTEM. IF THE COURT DIRECTS THAT A SENTENCE OF IMPRISONMENT  BE
   11  EXECUTED  AS  A  SENTENCE  OF  PAROLE  SUPERVISION,  IT SHALL REMAND THE
   12  DEFENDANT FOR IMMEDIATE DELIVERY TO A RECEPTION CENTER OPERATED  BY  THE
   13  STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, IN ACCORDANCE
   14  WITH  SECTION  430.20  OF  THE  CRIMINAL  PROCEDURE  LAW AND SECTION SIX
   15  HUNDRED ONE OF THE CORRECTION LAW, FOR A PERIOD NOT TO EXCEED TEN  DAYS.
   16  AN  INDIVIDUAL  WHO  RECEIVES  SUCH A SENTENCE SHALL BE PLACED UNDER THE
   17  IMMEDIATE SUPERVISION OF THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY
   18  SUPERVISION  AND  MUST COMPLY WITH THE CONDITIONS OF PAROLE, WHICH SHALL
   19  INCLUDE AN INITIAL PLACEMENT IN A DRUG TREATMENT CAMPUS FOR A PERIOD  OF
   20  NINETY DAYS AT WHICH TIME THE DEFENDANT SHALL BE RELEASED THEREFROM.
   21    3.  UPON  DELIVERY OF THE DEFENDANT TO THE RECEPTION CENTER, HE OR SHE
   22  SHALL BE GIVEN A COPY OF THE CONDITIONS OF PAROLE BY A REPRESENTATIVE OF
   23  THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  AND  SHALL
   24  ACKNOWLEDGE  RECEIPT  OF A COPY OF THE CONDITIONS IN WRITING. THE CONDI-
   25  TIONS SHALL BE ESTABLISHED IN ACCORDANCE WITH ARTICLE  TWELVE-B  OF  THE
   26  EXECUTIVE  LAW  AND  THE  RULES  AND REGULATIONS OF THE BOARD OF PAROLE.
   27  THEREAFTER, AND WHILE THE PAROLEE IS PARTICIPATING IN THE INTENSIVE DRUG
   28  TREATMENT PROGRAM PROVIDED AT THE DRUG TREATMENT CAMPUS, THE  DEPARTMENT
   29  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION  SHALL ASSESS THE PAROLEE'S
   30  SPECIAL NEEDS AND SHALL DEVELOP AN INTENSIVE PROGRAM  OF  PAROLE  SUPER-
   31  VISION THAT WILL ADDRESS THE PAROLEE'S SUBSTANCE ABUSE HISTORY AND WHICH
   32  SHALL  INCLUDE  PERIODIC  URINALYSIS TESTING. UNLESS INAPPROPRIATE, SUCH
   33  PROGRAM SHALL INCLUDE THE PROVISION OF TREATMENT SERVICES BY A  COMMUNI-
   34  TY-BASED  SUBSTANCE ABUSE SERVICE PROVIDER WHICH HAS A CONTRACT WITH THE
   35  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
   36    4. UPON COMPLETION OF THE DRUG TREATMENT PROGRAM AT THE DRUG TREATMENT
   37  CAMPUS, A PAROLEE WILL BE FURNISHED WITH MONEY, CLOTHING AND TRANSPORTA-
   38  TION IN A MANNER CONSISTENT WITH SECTION ONE HUNDRED TWENTY-FIVE OF  THE
   39  CORRECTION  LAW  TO  PERMIT THE PAROLEE'S TRAVEL FROM THE DRUG TREATMENT
   40  CAMPUS TO THE COUNTY IN WHICH THE PAROLEE'S SUPERVISION WILL CONTINUE.
   41    5. IF THE PAROLE OFFICER HAVING CHARGE OF A PERSON SENTENCED TO PAROLE
   42  SUPERVISION PURSUANT TO THIS SECTION HAS  REASONABLE  CAUSE  TO  BELIEVE
   43  THAT  SUCH  PERSON HAS VIOLATED THE CONDITIONS OF HIS OR HER PAROLE, THE
   44  PROCEDURES OF SUBDIVISION THREE OF SECTION TWO HUNDRED  FIFTY-NINE-I  OF
   45  THE  EXECUTIVE  LAW  SHALL  APPLY  TO  THE ISSUANCE OF A WARRANT AND THE
   46  CONDUCT  OF  FURTHER  PROCEEDINGS;  PROVIDED,  HOWEVER,  THAT  A  PAROLE
   47  VIOLATION  WARRANT ISSUED FOR A VIOLATION COMMITTED WHILE THE PAROLEE IS
   48  BEING SUPERVISED AT A DRUG TREATMENT CAMPUS SHALL  CONSTITUTE  AUTHORITY
   49  FOR  THE IMMEDIATE PLACEMENT OF THE PAROLEE INTO A CORRECTIONAL FACILITY
   50  OPERATED BY THE STATE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY  SUPER-
   51  VISION, WHICH TO THE EXTENT PRACTICABLE SHALL BE REASONABLY PROXIMATE TO
   52  THE  PLACE  AT  WHICH  THE  VIOLATION  OCCURRED,  TO  HOLD  IN TEMPORARY
   53  DETENTION PENDING COMPLETION OF THE PROCEDURES REQUIRED  BY  SUBDIVISION
   54  THREE OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW.
       S. 5108                             4
    1    S  4.  Subdivision  7 of section 70.06 of the penal law, as amended by
    2  section 123 of subpart B of part C of chapter 62 of the laws of 2011, is
    3  amended to read as follows:
    4    7.  [Notwithstanding  any  other  provision  of  law, in the case of a
    5  person sentenced for a specified  offense  or  offenses  as  defined  in
    6  subdivision  five  of  section 410.91 of the criminal procedure law, who
    7  stands convicted of no other felony offense, who has not previously been
    8  convicted of either a violent felony offense as defined in section 70.02
    9  of this article, a class A felony offense or a class B  felony  offense,
   10  and is not under the jurisdiction of or awaiting delivery to the depart-
   11  ment of corrections and community supervision, the] AS AUTHORIZED BY AND
   12  IN  ACCORDANCE WITH SECTION 60.14 OF THIS TITLE, A court may direct that
   13  [such] AN INDETERMINATE sentence OF  IMPRISONMENT  IMPOSED  PURSUANT  TO
   14  THIS  SECTION  UPON A PERSON CONVICTED OF A CLASS D OR CLASS E FELONY be
   15  executed as a parole supervision sentence [as defined in and pursuant to
   16  the procedures prescribed in section 410.91 of  the  criminal  procedure
   17  law].
   18    S 5. Paragraph (d) of subdivision 2 of section 70.70 of the penal law,
   19  as added by section 23 of part AAA of chapter 56 of the laws of 2009, is
   20  amended to read as follows:
   21    (d)  [The]  SENTENCE  OF  PAROLE  SUPERVISION. AS AUTHORIZED BY AND IN
   22  ACCORDANCE WITH SECTION 60.14 OF THIS TITLE, A court may direct  that  a
   23  determinate  sentence  imposed  PURSUANT  TO THIS SECTION on a defendant
   24  convicted of a class B felony, other than the class B felony defined  in
   25  section  220.48  of  this  chapter[,  pursuant  to this subdivision], be
   26  executed as a sentence of parole supervision [in accordance with section
   27  410.91 of the criminal procedure law].
   28    S 6. Paragraph (d) of subdivision 3 of section 70.70 of the penal law,
   29  as amended by section 127-k of subpart B of part C of chapter 62 of  the
   30  laws of 2011, is amended to read as follows:
   31    (d) Sentence of parole supervision. [In the case of a person sentenced
   32  for  a  specified  offense or offenses as defined in subdivision five of
   33  section 410.91 of the criminal procedure law, who stands convicted of no
   34  other felony offense, who has not previously been convicted of either  a
   35  violent  felony  offense  as defined in section 70.02 of this article, a
   36  class A felony offense or a class B felony offense, and is not under the
   37  jurisdiction of or awaiting delivery to the  department  of  corrections
   38  and  community supervision, the] AS AUTHORIZED BY AND IN ACCORDANCE WITH
   39  SECTION 60.14 OF THIS TITLE, A  court  may  direct  that  a  determinate
   40  sentence  imposed  pursuant  to  this  subdivision [shall] UPON A PERSON
   41  CONVICTED OF A CLASS C, CLASS D, OR CLASS E  FELONY  be  executed  as  a
   42  parole  supervision  sentence  [as defined in and pursuant to the proce-
   43  dures prescribed in section 410.91 of the criminal procedure law].
   44    S 7. Subdivision 4 of section 70.00 of the penal law,  as  amended  by
   45  chapter 738 of the laws of 2004, is amended to read as follows:
   46    4.  Alternative definite sentence for CERTAIN CLASS C FELONIES AND FOR
   47  class D and E felonies. When a person, other than a second or persistent
   48  felony offender, is sentenced for a CLASS C FELONY OTHER THAN A CLASS  C
   49  VIOLENT  FELONY  OFFENSE  DEFINED BY PARAGRAPH (B) OF SUBDIVISION ONE OF
   50  SECTION 70.02 OF THIS ARTICLE OR A CLASS C FELONY LISTED IN  SUBDIVISION
   51  FOUR OF SECTION 60.05 OF THIS TITLE, A class D FELONY or A class E felo-
   52  ny,  and the court, having regard to the nature and circumstances of the
   53  crime and to the history and character of the defendant, is of the opin-
   54  ion that a sentence of imprisonment is necessary but that  it  would  be
   55  unduly  harsh  to  impose  an indeterminate or determinate sentence, the
       S. 5108                             5
    1  court may impose a definite sentence of imprisonment and fix a  term  of
    2  one year or less.
    3    S  8.    Paragraph  (c) of subdivision 3 of section 70.02 of the penal
    4  law, as amended by chapter 1 of the laws of 2013, is amended to read  as
    5  follows:
    6    (c)  For  a  class  D  felony, the term must be at least [two] ONE AND
    7  ONE-HALF years and must not exceed seven years, provided, however,  that
    8  the term must be: (i) at least two years and must not exceed eight years
    9  where  the  sentence  is  for  the crime of menacing a police officer or
   10  peace officer as defined in section 120.18 of this chapter; and (ii)  at
   11  least three and one-half years and must not exceed seven years where the
   12  sentence  is imposed for the crime of criminal possession of a weapon in
   13  the third degree as defined in subdivision ten of section 265.02 of this
   14  chapter;
   15    S 9.  Subdivision 3 of section 70.08 of the penal law, as  amended  by
   16  section 7 of chapter 107 of the laws of 2006, is amended by adding a new
   17  paragraph (d) to read as follows:
   18    (D)  FOR  A  CLASS  E FELONY THE MINIMUM PERIOD MUST BE AT LEAST THREE
   19  YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS.
   20    S 10. Subdivision 3 of section 70.08 of the penal law, as  amended  by
   21  section 8 of chapter 107 of the laws of 2006, is amended by adding a new
   22  paragraph (d) to read as follows:
   23    (D)  FOR  A  CLASS  E FELONY THE MINIMUM PERIOD MUST BE AT LEAST THREE
   24  YEARS AND MUST NOT EXCEED TWENTY-FIVE YEARS.
   25    S 11. Subdivision 2 of section 70.10 of the penal law, as  amended  by
   26  chapter 7 of the laws of 2007, is amended to read as follows:
   27    2.  Authorized  sentence.  When  the  court has found, pursuant to the
   28  provisions of the criminal procedure law, that a person is a  persistent
   29  felony  offender,  and  when  it  is of the opinion that the history and
   30  character of the defendant and the nature and circumstances  of  his  OR
   31  HER  criminal conduct indicate that extended incarceration and life-time
   32  supervision will best serve the public interest, the court, in  lieu  of
   33  imposing  the  sentence  of  imprisonment  authorized  by section 70.00,
   34  70.02, 70.04, 70.06 or subdivision five of section 70.80 OF THIS ARTICLE
   35  for the crime of which  such  person  presently  stands  convicted,  may
   36  impose  [the  sentence  of imprisonment authorized by that section for a
   37  class A-I felony] AN INDETERMINATE SENTENCE OF IMPRISONMENT. THE MAXIMUM
   38  TERM OF THE INDETERMINATE SENTENCE OF IMPRISONMENT SHALL BE LIFE  IMPRI-
   39  SONMENT,  AND  THE  MINIMUM  PERIOD OF IMPRISONMENT OF THE INDETERMINATE
   40  SENTENCE SHALL BE FIXED BY THE COURT AT NOT LESS THAN FIFTEEN YEARS  NOR
   41  MORE  THAN TWENTY-FIVE YEARS.  In such event the reasons for the court's
   42  opinion shall be set forth in the record.
   43    S 12. Subdivision 4 of section 485.10 of the penal law,  as  added  by
   44  chapter 107 of the laws of 2000, is amended to read as follows:
   45    4.  Notwithstanding  any  other  provision  of  law,  when a person is
   46  convicted of a hate crime [pursuant to this article] and  the  specified
   47  offense  is  a class A-1 felony, THE SENTENCE SHALL BE AS AUTHORIZED FOR
   48  THAT CLASS A-1 FELONY; PROVIDED, HOWEVER, IF THE AUTHORIZED SENTENCE  IS
   49  OR  INCLUDES  AN  INDETERMINATE  SENTENCE  OF IMPRISONMENT, OTHER THAN A
   50  SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE, the minimum period of  the
   51  indeterminate sentence shall be not less than twenty years.
   52    S  13.  Subparagraph (ii) of paragraph (d) of subdivision 5 of section
   53  220.10 of the criminal procedure law, as added by  chapter  233  of  the
   54  laws of 1980, is amended to read as follows:
   55    (ii)  Except  as provided in subparagraph (i) of this paragraph, where
   56  the indictment charges a class B violent felony offense  or  a  class  C
       S. 5108                             6
    1  violent  felony  offense,  then a plea of guilty must include at least a
    2  plea of guilty to a class D violent felony offense; EXCEPT, IF THE CLASS
    3  B VIOLENT FELONY OFFENSE WAS MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED
    4  IN  SECTION  125.20  OF THE PENAL LAW, THEN THE PLEA OF GUILTY MAY BE TO
    5  THE CLASS C FELONY OF MANSLAUGHTER IN THE SECOND DEGREE  AS  DEFINED  IN
    6  SECTION 125.15 OF THE PENAL LAW IN LIEU OF A PLEA OF GUILTY TO A CLASS D
    7  VIOLENT FELONY OFFENSE;
    8    S  14.  Subparagraph (iv) of paragraph (b) of subdivision 3 of section
    9  220.30 of the criminal procedure law, as added by  chapter  233  of  the
   10  laws of 1980, is amended to read as follows:
   11    (iv)  Except  as  provided  in subparagraph (iii) of this paragraph, a
   12  plea of guilty, whether to the entire indictment or part of the  indict-
   13  ment,  for  any  crime other than a class A felony or a class B, C, or D
   14  violent felony offense as defined in subdivision one of section 70.02 of
   15  the penal law, may not be accepted on the condition that it  constitutes
   16  a  complete  disposition  of  one  or more other indictments against the
   17  defendant wherein is charged a class B or class C violent felony offense
   18  as defined in subdivision one of section 70.02 of the penal law; EXCEPT,
   19  IF THE CLASS B VIOLENT FELONY OFFENSE  WAS  MANSLAUGHTER  IN  THE  FIRST
   20  DEGREE  AS  DEFINED IN SECTION 125.20 OF THE PENAL LAW, THEN THE PLEA OF
   21  GUILTY MAY BE TO THE CLASS C FELONY OF MANSLAUGHTER IN THE SECOND DEGREE
   22  AS DEFINED IN SECTION 125.15 OF THE PENAL LAW IN LIEU OF A PLEA OF GUIL-
   23  TY TO A CLASS C OR D VIOLENT FELONY OFFENSE,
   24    S 15. Paragraph (a) of subdivision 4 of section  70.20  of  the  penal
   25  law,  as  amended by section 124 of subpart B of part C of chapter 62 of
   26  the laws of 2011, is amended to read as follows:
   27    (a) Notwithstanding any other provision of  law  to  the  contrary,  a
   28  juvenile  offender, or a juvenile offender who is adjudicated a youthful
   29  offender and given an indeterminate, DETERMINATE or a definite sentence,
   30  shall be committed to the custody of the commissioner of the  office  of
   31  children  and  family  services who shall arrange for the confinement of
   32  such offender in secure facilities of the office. The release or  trans-
   33  fer  of  such  offenders from the office of children and family services
   34  shall be governed by section five hundred eight of the executive law.
   35    S 16. This act shall take effect immediately; provided, however,  that
   36  this  act  shall  apply to offenses committed on or after such effective
   37  date; and provided further, that the  amendments  to  subdivision  7  of
   38  section  70.06  of  the penal law made by section four of this act shall
   39  not affect the repeal of such subdivision and shall be  deemed  repealed
   40  therewith; and provided further, that the amendments to subdivision 3 of
   41  section 70.08 of the penal law made by section nine of this act shall be
   42  subject  to the expiration and reversion of such subdivision pursuant to
   43  subdivision d of section 74 of  chapter  3  of  the  laws  of  1995,  as
   44  amended,  when  upon such date the provisions of section ten of this act
   45  shall take effect.