§ 70.45 Determinate sentence; post-release supervision.\n 1. In general. When a court imposes a determinate sentence it shall in\neach case state not only the term of imprisonment, but also an\nadditional period of post-release supervision as determined pursuant to\nthis article. Such period shall commence as provided in subdivision five\nof this section and a violation of any condition of supervision\noccurring at any time during such period of post-release supervision\nshall subject the defendant to a further period of imprisonment up to\nthe balance of the remaining period of post-release supervision, not to\nexceed five years; provided, however, that a defendant serving a term of\npost-release supervision for a conviction of a felony sex offense, as\ndefined in section 70.80 of this article, may be subject to a further\nperiod of imprisonment up to the balance of the remaining period of\npost-release supervision. Such maximum limits shall not preclude a\nlonger period of further imprisonment for a violation where the\ndefendant is subject to indeterminate and determinate sentences.\n 1-a. When, following a final hearing, a time assessment has been\nimposed upon a person convicted of a felony sex offense who owes three\nyears or more on a period of post-release supervision, imposed pursuant\nto subdivision two-a of this section, such defendant, after serving\nthree years of the time assessment, shall be reviewed by the board of\nparole and may be re-released to post-release supervision only upon a\ndetermination by the board of parole made in accordance with subdivision\ntwo of section two hundred fifty-nine-i of the executive law. If\nre-release is not granted, the board shall specify a date not more than\ntwenty-four months from such determination for reconsideration, and the\nprocedures to be followed upon reconsideration shall be the same. If a\ntime assessment of less than three years is imposed upon such a\ndefendant, the defendant shall be released upon the expiration of such\ntime assessment, unless he or she is subject to further imprisonment or\nconfinement under any provision of law.\n 2. Period of post-release supervision for other than felony sex\noffenses. The period of post-release supervision for a determinate\nsentence, other than a determinate sentence imposed for a felony sex\noffense as defined in paragraph (a) of subdivision one of section 70.80\nof this article, shall be five years except that:\n (a) such period shall be one year whenever a determinate sentence of\nimprisonment is imposed pursuant to subdivision two of section 70.70 of\nthis article or subdivision nine of section 60.12 of this title upon a\nconviction of a class D or class E felony offense;\n (b) such period shall be not less than one year nor more than two\nyears whenever a determinate sentence of imprisonment is imposed\npursuant to subdivision two of section 70.70 of this article or\nsubdivision nine of section 60.12 of this title upon a conviction of a\nclass B or class C felony offense;\n (c) such period shall be not less than one year nor more than two\nyears whenever a determinate sentence of imprisonment is imposed\npursuant to subdivision three or four of section 70.70 of this article\nupon conviction of a class D or class E felony offense or subdivision\nten of section 60.12 of this title;\n (d) such period shall be not less than one and one-half years nor more\nthan three years whenever a determinate sentence of imprisonment is\nimposed pursuant to subdivision three or four of section 70.70 of this\narticle upon conviction of a class B felony or class C felony offense or\nsubdivision eleven of section 60.12 of this title;\n (e) such period shall be not less than one and one-half years nor more\nthan three years whenever a determinate sentence of imprisonment is\nimposed pursuant to subdivision three of section 70.02 of this article\nor subdivision two or eight of section 60.12 of this title upon a\nconviction of a cl
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