{"jurisdiction": "us-ny", "code": "penal", "section": "70.85", "citation": "Penal Law § 70.85", "heading": "Transitional exception to determinate sentencing laws", "text": ["§ 70.85 Transitional exception to determinate sentencing laws.", "This section shall apply only to cases in which a determinate sentence was imposed between September first, nineteen hundred ninety-eight, and the effective date of this section, and was required by law to include a term of post-release supervision, but the court did not explicitly state such a term when pronouncing sentence. When such a case is again before the court pursuant to section six hundred one-d of the correction law or otherwise, for consideration of whether to resentence, the court may, notwithstanding any other provision of law but only on consent of the district attorney, re-impose the originally imposed determinate sentence of imprisonment without any term of post-release supervision, which then shall be deemed a lawful sentence."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/70.85", "from_official_api": true, "plain_english": "A cleanup rule for **determinate sentences imposed from September 1, 1998** until this section took effect, where post-release supervision was required but the judge **never said so** at sentencing. When such a case returns to court for possible resentencing, the court may, **only with the District Attorney's consent**, re-impose the same prison term **with no PRS**, and that sentence is then lawful. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/70.85", "publisher": "Elyphived LLC"}