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Aggregating the Sentence

 
If two or more sentences are consecutively executed, the Commissioner of Corrections must aggregate the sentence durations into a single fixed sentence. The aggregate term of imprisonment must be served before the aggregate supervised release period.
 
If a sentence is executed consecutively to an earlier executed sentence (executed at an earlier time or by a different court), and the person has not yet been placed on supervised release for the earlier executed sentence, the Commissioner of Corrections must aggregate both terms of imprisonment into a single, fixed term of imprisonment. The person will serve the longer of the two supervised release terms. 
 
If a sentence is executed consecutively to an earlier executed sentence after the supervised release date for the earlier sentence, any remaining supervised release term from the earlier executed sentence is tolled while the person serves the consecutive term of imprisonment. The person will serve what remains of the previously tolled supervised release term or the supervised release term for the consecutive sentence, whichever is longer.
 

Scenario 1
 
When a sentence is executed consecutively to another executed sentence on the same day and before the same court, the Commissioner of Corrections aggregates the separate durations into a single fixed sentence. The two-thirds terms of imprisonment are aggregated and served consecutively; then, the one-third supervised release terms are aggregated and served consecutively as well.
 
Example 
 
A court executes a 60-month fixed sentence, and, at the same time, executes a 21-month fixed sentence to be served consecutively to the first sentence, the Commissioner of Corrections must aggregate the 40-month and 14-month terms of imprisonment into a single 54-month fixed term of imprisonment, and must aggregate the supervised release terms of 20 months and 7 months into a single 27-month fixed term of supervised release to be served consecutively, as illustrated below: 
 
 Aggregate1
 

Scenario 2
 
When two sentences are executed on different days or before different courts, the second sentence is consecutive to the first, and the offender has not yet been placed on supervised release for the first sentence at the time the second sentence is executed, then the terms of imprisonment will be aggregated. The first supervised release term will not run during the aggregate term of imprisonment, but the supervised release terms will run at the same time as each other.
Example
 
Judge A sentences a person to a 60-month executed sentence. Judge B later sentences the person to a 21-month executed sentence, consecutive to the 60-month sentence. Neither of the person’s two supervised release terms will begin until the person has completed the term of imprisonment (including disciplinary confinement) for both offenses. When the supervised release terms do begin, they will not be aggregated, as they would have been if the consecutive sentences were executed by the same judge at the same time. Instead, the longer supervised term release will effectively control the duration and they will run simultaneously, as illustrated below:
 
Aggregate2
 

Scenario 3
 
When a person has already been placed on supervised release by the time the second, consecutive sentence is executed, the terms of imprisonment cannot be aggregated. In such a case, the first supervised release term stops running during the second term of imprisonment. When the person is placed on supervised release for the consecutive sentence, the first supervised release term will resume; the person will serve the remaining balance on the first supervised release term and the second supervised release term at the same time.
Example
 
Judge A sentences a person to a 60-month executed sentence. The person serves a 40-month term of imprisonment and is placed on supervised release for 20 months. Five months after being placed on supervised release, Judge B sentences the person to a 21-month executed sentence, consecutive to the 60-month sentence. During the ensuing 14-month term of imprisonment (and any disciplinary confinement thereafter), the first sentence’s supervised release term is tolled. Upon release, the person will serve the remaining balance of the original supervised release term (now 15 months) simultaneous to the service of the consecutive sentence’s supervised release term. The longer supervised release term will effectively control the duration, as illustrated below:    
 
Aggregate3
 

   
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