Bill Text: NY A00206 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to failure to complete a program for time allowances due to circumstances beyond an individual's control.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2025-01-08 - referred to correction [A00206 Detail]
Download: New_York-2025-A00206-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 206 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. CRUZ, BURDICK, KELLES, EPSTEIN -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to failure to complete a program for time allowances due to circumstances beyond an individ- ual's control The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 803 of the 2 correction law, as amended by section 37 of subpart B of part C of chap- 3 ter 62 of the laws of 2011, is amended to read as follows: 4 (a) Every person confined in an institution of the department or a 5 facility in the department of mental hygiene serving an indeterminate or 6 determinate sentence of imprisonment, except a person serving a sentence 7 with a maximum term of life imprisonment, may receive time allowance 8 against the term or maximum term of [his or her] such person's sentence 9 imposed by the court. Such allowances may be granted for good behavior 10 and efficient and willing performance of duties assigned or progress and 11 achievement in an assigned treatment program, and may be withheld, 12 forfeited or canceled in whole or in part for bad behavior, violation of 13 institutional rules or failure to perform properly in the duties or 14 program assigned. Such allowances shall not be withheld if a person 15 fails to complete a program because of circumstances beyond such 16 person's control. 17 § 2. Paragraph (a) of subdivision 1 of section 803 of the correction 18 law, as amended by chapter 126 of the laws of 1987 and as designated by 19 chapter 738 of the laws of 2004, is amended to read as follows: 20 (a) Every person confined in an institution of the department or a 21 facility in the department of mental hygiene serving an indeterminate 22 sentence of imprisonment, except a person serving a sentence with a 23 maximum term of life imprisonment, may receive time allowance against EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00139-01-5A. 206 2 1 the maximum term or period of [his] such person's sentence not to exceed 2 in the aggregate one-third of the term or period imposed by the court. 3 Such allowances may be granted for good behavior and efficient and will- 4 ing performance of duties assigned or progress and achievement in an 5 assigned treatment program, and may be withheld, forfeited or canceled 6 in whole or in part for bad behavior, violation of institutional rules 7 or failure to perform properly in the duties or program assigned. Such 8 allowances shall not be withheld if a person fails to complete a program 9 because of circumstances beyond such person's control. 10 § 3. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 11 803 of the correction law, as separately amended by section 1 of chapter 12 242 and section 224 of chapter 322 of the laws of 2021, is amended to 13 read as follows: 14 (iv) Such merit time allowance may be granted when an incarcerated 15 individual successfully participates in the work and treatment program 16 assigned pursuant to section eight hundred five of this article and when 17 such incarcerated individual obtains a general equivalency diploma, an 18 alcohol and substance abuse treatment certificate, a vocational trade 19 certificate following at least six months of vocational programming, at 20 least eighteen credits in a program registered by the state education 21 department from a degree-granting higher education institution or 22 performs at least four hundred hours of service as part of a community 23 work crew. 24 Such allowance shall be withheld for any serious disciplinary infrac- 25 tion or upon a judicial determination that the person, while an incar- 26 cerated individual, commenced or continued a civil action, proceeding or 27 claim that was found to be frivolous as defined in subdivision (c) of 28 section eight thousand three hundred three-a of the civil practice law 29 and rules, or an order of a federal court pursuant to rule 11 of the 30 federal rules of civil procedure imposing sanctions in an action 31 commenced by a person, while an incarcerated individual, against a state 32 agency, officer or employee. Such allowance shall not be withheld if a 33 person fails to complete a program because of circumstances beyond the 34 control of such person. 35 § 4. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 36 803 of the correction law, as separately amended by section 2 of chapter 37 242 and section 224-a of chapter 322 of the laws of 2021, is amended to 38 read as follows: 39 (iv) Such merit time allowance may be granted when an incarcerated 40 individual successfully participates in the work and treatment program 41 assigned pursuant to section eight hundred five of this article and when 42 such incarcerated individual obtains a general equivalency diploma, an 43 alcohol and substance abuse treatment certificate, a vocational trade 44 certificate following at least six months of vocational programming, at 45 least eighteen credits in a program registered by the state education 46 department from a degree-granting higher education institution or 47 performs at least four hundred hours of service as part of a community 48 work crew. 49 Such allowance shall be withheld for any serious disciplinary infrac- 50 tion or upon a judicial determination that the person, while an incar- 51 cerated individual, commenced or continued a civil action, proceeding or 52 claim that was found to be frivolous as defined in subdivision (c) of 53 section eight thousand three hundred three-a of the civil practice law 54 and rules, or an order of a federal court pursuant to rule 11 of the 55 federal rules of civil procedure imposing sanctions in an action 56 commenced by a person, while an incarcerated individual, against a stateA. 206 3 1 agency, officer or employee. Such allowance shall not be withheld if a 2 person fails to complete a program because of circumstances beyond the 3 control of such person. 4 § 5. Subdivision 1 of section 804 of the correction law, as amended by 5 chapter 145 of the laws of 1976, is amended to read as follows: 6 1. Every person confined in an institution serving a definite sentence 7 of imprisonment may receive time allowances as discretionary reductions 8 of the term of [his] such person's sentence not to exceed in the aggre- 9 gate one-third of the term imposed by the court. Such allowances may be 10 granted for good behavior and efficient and willing performance of 11 duties assigned or progress and achievement in an assigned treatment 12 program, and may be withheld, forfeited or cancelled in whole or in part 13 for bad behavior, violation of institutional rules or failure to perform 14 properly in the duties or program assigned. Such allowances shall not be 15 withheld, forfeited or cancelled in whole or in part for a person's 16 failure to complete an assigned program due to circumstances beyond the 17 control of such person. 18 § 6. Section 805 of the correction law, as amended by section 226 of 19 chapter 322 of the laws of 2021, is amended to read as follows: 20 § 805. Earned eligibility program. Persons committed to the custody of 21 the department under an indeterminate or determinate sentence of impri- 22 sonment shall be assigned a work and treatment program as soon as prac- 23 ticable. No earlier than two months prior to the incarcerated individ- 24 ual's eligibility to be paroled pursuant to subdivision one of section 25 70.40 of the penal law, the commissioner shall review the incarcerated 26 individual's institutional record to determine whether [he or she] such 27 incarcerated individual has complied with the assigned program. Credit 28 for such assigned program shall not be withheld if a person fails to 29 complete a program because of circumstances beyond such person's 30 control. If the commissioner determines that the incarcerated individual 31 has successfully participated in the program [he or she] such commis- 32 sioner may issue the incarcerated individual a certificate of earned 33 eligibility. Notwithstanding any other provision of law, an incarcerated 34 individual who is serving a sentence with a minimum term of not more 35 than eight years and who has been issued a certificate of earned eligi- 36 bility, shall be granted parole release at the expiration of [his or37her] such incarcerated individual's minimum term or as authorized by 38 subdivision four of section eight hundred sixty-seven of this chapter 39 unless the board of parole determines that there is a reasonable proba- 40 bility that, if such incarcerated individual is released, [he or she] 41 such incarcerated individual will not live and remain at liberty without 42 violating the law and that [his or her] the release of such incarcerated 43 individual is not compatible with the welfare of society. Any action by 44 the commissioner pursuant to this section shall be deemed a judicial 45 function and shall not be reviewable if done in accordance with law. 46 § 7. Section 805 of the correction law, as amended by section 226-a of 47 chapter 322 of the laws of 2021, is amended to read as follows: 48 § 805. Earned eligibility program. Persons committed to the custody of 49 the department under an indeterminate sentence of imprisonment shall be 50 assigned a work and treatment program as soon as practicable. No earlier 51 than two months prior to the expiration of an incarcerated individual's 52 minimum period of imprisonment, the commissioner shall review the incar- 53 cerated individual's institutional record to determine whether [he or54she] such incarcerated individual has complied with the assigned 55 program. Credit for such assigned program shall not be withheld if a 56 person fails to complete a program because of circumstances beyond suchA. 206 4 1 person's control. If the commissioner determines that the incarcerated 2 individual has successfully participated in the program [he or she] such 3 commissioner may issue the incarcerated individual a certificate of 4 earned eligibility. Notwithstanding any other provision of law, an 5 incarcerated individual who is serving a sentence with a minimum term of 6 not more than six years and who has been issued a certificate of earned 7 eligibility, shall be granted parole release at the expiration of [his8or her] such incarcerated individual's minimum term or as authorized by 9 subdivision four of section eight hundred sixty-seven of this chapter 10 unless the board of parole determines that there is a reasonable proba- 11 bility that, if such incarcerated individual is released, [he or she] 12 such incarcerated individual will not live and remain at liberty without 13 violating the law and that [his or her] the release of such incarcerated 14 individual is not compatible with the welfare of society. Any action by 15 the commissioner pursuant to this section shall be deemed a judicial 16 function and shall not be reviewable if done in accordance with law. 17 § 8. Subdivision 5 of section 806 of the correction law, as amended by 18 chapter 322 of the laws of 2021, is amended to read as follows: 19 5. No person shall have the right to demand or require presumptive 20 release authorized by this section. The commissioner may revoke at any 21 time an incarcerated individual's scheduled presumptive release pursuant 22 to this section for any disciplinary infraction committed by the incar- 23 cerated individual or for any failure to continue to participate 24 successfully in any assigned work and treatment program after the 25 certificate of earned eligibility has been awarded except that any such 26 failure to continue to participate in an assigned work or treatment 27 program shall not be grounds for revocation of presumptive release if 28 such failure is due to circumstances beyond the incarcerated person's 29 control. The commissioner may deny presumptive release to any incarcer- 30 ated individual whenever the commissioner determines that such release 31 may not be consistent with the safety of the community or the welfare of 32 the incarcerated individual. Any action by the commissioner pursuant to 33 this section shall be deemed a judicial function and shall not be 34 reviewable if done in accordance with law. 35 § 9. This act shall take effect immediately; provided that the amend- 36 ments to paragraph (a) and subparagraph (iv) of paragraph (d) of subdi- 37 vision 1 of section 803 of the correction law made by sections one and 38 three of this act shall be subject to the expiration and reversion of 39 such section pursuant to subdivision d of section 74 of chapter 3 of the 40 laws of 1995, as amended, when upon such date the provisions of sections 41 two and four of this act shall take effect; provided, further, that the 42 amendments to section 805 of the correction law made by section six of 43 this act shall be subject to the expiration and reversion of such 44 section pursuant to subdivision d of section 74 of chapter 3 of the laws 45 of 1995, as amended, when upon such date the provisions of section seven 46 of this act shall take effect; and provided, further, that the amend- 47 ments to subdivision 5 of section 806 of the correction law made by 48 section eight of this act shall not affect the repeal of such section 49 and shall be deemed repealed therewith.
