Section 601-D. Post-release supervision; certain cases

This section shall
  apply only to inmates in the custody of the commissioner, and  releasees
  under the supervision of the division of parole, upon whom a determinate
  sentence   was   imposed   between  September  first,  nineteen  hundred
  ninety-eight, and the effective date of this section, which was required
  by law to include a term of post-release supervision:
    1. For purposes of this section, such  a  person  shall  be  deemed  a
  "designated person" if the commitment order that accompanied such person
  does  not  indicate  imposition of any term of post-release supervision;
  provided, however, that if such agency with custody  of  or  supervision
  over  such  person  has  the sentencing minutes that show that a term of
  post-release supervision  was  actually  pronounced  at  sentence,  such
  person shall not be deemed a designated person.
    2. Whenever it shall appear to the satisfaction of the department that
  an  inmate  in  its  custody,  or to the satisfaction of the division of
  parole that a releasee under its supervision, is  a  designated  person,
  such  agency  shall  make  notification  of  that fact to the court that
  sentenced such person, and to the inmate or releasee.
    3. If  a  sentencing  court  that  has  received  such  notice,  after
  reviewing the sentencing minutes, if available, is or becomes aware that
  a  term  of post-release supervision was in fact pronounced at the prior
  sentencing of such person, it shall issue a superseding commitment order
  reflecting that fact, accompanied by a written explanation of the  basis
  for  that  conclusion, and send such order and explanation to the agency
  that provided the notice, to the defendant,  and  to  the  attorney  who
  appeared  for  the defendant in connection with the judgment or sentence
  or, if the defendant is currently  represented  concerning  his  or  her
  conviction  or  sentence  or  with  respect to an appeal from his or her
  sentence, such present counsel.
    4. (a) If the sentencing court shall not  have  issued  a  superseding
  commitment  order,  reflecting  imposition  of  a  term  of post-release
  supervision,  within  ten  days  after  receiving  notice  pursuant   to
  subdivision two of this section, then the sentencing court shall appoint
  counsel  pursuant to section seven hundred twenty-two of the county law,
  provide a copy of the notice pursuant to subdivision two of this section
  to such counsel, and calendar such person for a court  appearance  which
  shall  occur  no later than twenty days after receipt of said notice. At
  such court appearance, the court shall furnish a copy of such notice and
  the proceeding date pursuant to paragraph (c) of this subdivision to the
  district attorney, the  designated  person,  assigned  counsel  and  the
  department or the division of parole.
    (b)  The  court shall promptly seek to obtain sentencing minutes, plea
  minutes and any other records and shall provide copies  to  the  parties
  and  conduct  any  reconstruction  proceedings  that may be necessary to
  determine whether to resentence such person.
    (c) The court shall commence a proceeding to  consider  resentence  no
  later  than  thirty  days after receiving notice pursuant to subdivision
  two of this section.
    (d) The court shall, no later than forty days after  receipt  of  such
  notice,  issue  and  enter  a written determination and order, copies of
  which shall be  immediately  provided  to  the  district  attorney,  the
  designated person, his or her counsel and the department or the division
  of  parole  along with any sentencing minutes pursuant to section 380.70
  of the criminal procedure law.
    (e) The designated person may,  with  counsel,  knowingly  consent  to
  extend  the  time  periods  specified  in paragraphs (c) and (d) of this
  subdivision. The people may apply to the court for an extension  of  ten
  days  on  the  basis  of extraordinary circumstances that preclude final

  resolution within such period of the question of whether  the  defendant
  will  be  resentenced. The department or the division of parole shall be
  notified by the court of any such extension.
    5.  The  court  shall  promptly  notify  the  agency  that  referred a
  designated person  whenever  it  (a)  resentences  the  defendant  to  a
  sentence  that  includes  a  term  of  post-release  supervision; or (b)
  determines that it will not resentence the defendant under this  section
  or  otherwise.  Upon  the  conclusion of the proceeding, the court shall
  furnish the parties and the agency that referred the  designated  person
  with an accurate copy of the current order of commitment for the person.
    6.  In any case in which the department or division of parole notifies
  the court of a designated person, and has not  been  informed  that  the
  court  has  made  a  determination  in  accordance with paragraph (d) of
  subdivision four of this section (unless extended pursuant to  paragraph
  (e)  of such subdivision), then such agency may notify the court that it
  has not received a determination and, in any  event,  shall  adjust  its
  records  with  respect to post-release supervision noting that the court
  has not, in accordance with subdivision four of this section, imposed  a
  sentence of post-release supervision.
    7.  When  the  department  complies  with  this section as to a person
  confined in state prison, it need not separately follow  the  procedures
  set forth in section six hundred one-a of this article.
    8.  Nothing  in  this  section  shall affect the power of any court to
  hear, consider and decide any petition, motion or proceeding pursuant to
  article four hundred  forty  of  the  criminal  procedure  law,  article
  seventy  or  seventy-eight  of  the civil practice law and rules, or any
  authorized proceeding.