60.12 – Authorized dispositions; alternative indeterminate sentence of imprisonment; domestic violence cases
Notwithstanding any other provision of law, where a court is imposing sentence pursuant to section 70.02 upon a conviction for an offense enumerated in subdivision one of such section, other than an offense defined in article one hundred thirty of this chapter, and is authorized or required pursuant to such section to impose a determinate sentence of imprisonment for such offense, the court, upon a determination following a hearing that (a) the defendant was the victim of physical, sexual or psychological abuse by the victim or intended victim of such offense, (b) such abuse was a factor in causing the defendant to commit such offense and (c) the victim or intended victim of such offense was a member of the same family or household as the defendant as such term is defined in subdivision one of section 530.11 of the criminal procedure law, may, in lieu of imposing such determinate sentence of imprisonment, impose an indeterminate sentence of imprisonment in accordance with subdivisions two and three of this section.
The maximum term of an indeterminate sentence imposed pursuant to subdivision one of this section must be fixed by the court as follows:
(a) For a class B felony, the term must be at least six years and must not exceed twenty-five years;
(b) For a class C felony, the term must be at least four and one-half years and must not exceed fifteen years;
(c) For a class D felony, the term must be at least three years and must not exceed seven years; and
(d) For a class E felony, the term must be at least three years and must not exceed four years.
The minimum period of imprisonment under an indeterminate sentence imposed pursuant to subdivision one of this section must be fixed by the court at one-half of the maximum term imposed and must be specified in the sentence.
