§ 70.40 Release on parole; conditional release; presumptive release.\n 1. Indeterminate sentence.\n * (a) Release on parole shall be in the discretion of the state board\nof parole, and such person shall continue service of his or her sentence\nor sentences while on parole, in accordance with and subject to the\nprovisions of the executive law and the correction law.\n (i) A person who is serving one or more than one indeterminate\nsentence of imprisonment may be paroled from the institution in which he\nor she is confined at any time after the expiration of the minimum or\nthe aggregate minimum period of the sentence or sentences or, where\napplicable, the minimum or aggregate minimum period reduced by the merit\ntime allowance granted pursuant to paragraph (d) of subdivision one of\nsection eight hundred three of the correction law.\n (ii) A person who is serving one or more than one determinate sentence\nof imprisonment shall be ineligible for discretionary release on parole.\n (iii) A person who is serving one or more than one indeterminate\nsentence of imprisonment and one or more than one determinate sentence\nof imprisonment, which run concurrently may be paroled at any time after\nthe expiration of the minimum period of imprisonment of the\nindeterminate sentence or sentences, or upon the expiration of\nsix-sevenths of the term of imprisonment of the determinate sentence or\nsentences, whichever is later.\n (iv) A person who is serving one or more than one indeterminate\nsentence of imprisonment and one or more than one determinate sentence\nof imprisonment which run consecutively may be paroled at any time after\nthe expiration of the sum of the minimum or aggregate minimum period of\nthe indeterminate sentence or sentences and six-sevenths of the term or\naggregate term of imprisonment of the determinate sentence or sentences.\n (v) Notwithstanding any other subparagraph of this paragraph, a person\nmay be paroled from the institution in which he or she is confined at\nany time on medical parole pursuant to section two hundred fifty-nine-r\nor section two hundred fifty-nine-s of the executive law or for\ndeportation pursuant to paragraph (d) of subdivision two of section two\nhundred fifty-nine-i of the executive law or after the successful\ncompletion of a shock incarceration program pursuant to article\ntwenty-six-A of the correction law.\n * NB Effective until September 1, 2027\n * (a) (i) A person who is serving one or more than one indeterminate\nsentence of imprisonment may be paroled from the institution in which he\nor she is confined at any time after the expiration of the minimum or\nthe aggregate minimum period of imprisonment of the sentence or\nsentences or after the successful completion of a shock incarceration\nprogram, as defined in article twenty-six-A of the correction law,\nwhichever is sooner. Release on parole shall be in the discretion of the\nstate board of parole, and such person shall continue service of his or\nher sentence or sentences while on parole, in accordance with and\nsubject to the provisions of the executive law and the correction law.\n (ii) A person who is serving one or more than one indeterminate\nsentence of imprisonment may be paroled from the institution in which he\nor she is confined at any time after the expiration of the minimum or\nthe aggregate minimum period of the sentence or sentences.\n * NB Effective September 1, 2027\n * (b) A person who is serving one or more than one indeterminate or\ndeterminate sentence of imprisonment shall, if he or she so requests, be\nconditionally released from the institution in which he or she is\nconfined when the total good behavior time allowed to him or her,\npursuant to the provisions of the correction law, is equal to the\nunserved portion of his or her term, maximum term or aggregate maximum\nterm; provided, however, that (i) in no event shall a person serving one\nor more indeterminate sentence of imprisonment and
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