Bill Text: NY A01085 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.
Spectrum: Partisan Bill (Democrat 51-2)
Status: (Introduced) 2025-01-08 - referred to correction [A01085 Detail]
Download: New_York-2025-A01085-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1085 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. KELLES, ANGELINO, WEPRIN, REYES, JACKSON, EPSTEIN, BURDICK, MEEKS, CRUZ, MAMDANI, BARCLAY, SIMON, GLICK, ANDER- SON, DAVILA, R. CARROLL, WALKER, GONZALEZ-ROJAS, ROSENTHAL, GALLAGHER, MITAYNES, GIBBS, LUCAS, HEVESI, COOK, SEPTIMO, FORREST, CLARK, TAYLOR, TAPIA, SHRESTHA, KIM, SIMONE, ALVAREZ, ZINERMAN, RAGA, CUNNINGHAM, SHIMSKY, CHANDLER-WATERMAN, LUNSFORD, LEVENBERG, DE LOS SANTOS, RIVERA, BICHOTTE HERMELYN, ZACCARO, HUNTER, SEAWRIGHT, LEE, STIRPE, BRONSON, DAIS, STECK, BURKE -- read once and referred to the Committee on Correction AN ACT to amend the correction law and the penal law, in relation to the early release of incarcerated individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "earned time act". 3 § 2. The correction law is amended by adding a new section 802 to read 4 as follows: 5 § 802. Data collection. The department shall report annually to the 6 governor and the legislature with respect to each instance in which time 7 allowance credit has been withheld, forfeited or cancelled. The report 8 shall provide the following information: the name, department identifi- 9 cation number and race of each incarcerated individual who has been 10 denied credit and the amount of credit involved, the reason or reasons 11 for the denial, including, where applicable, a description of the bad 12 behavior or institutional rule violation or violations, including the 13 corresponding numerical code in the department's incarcerated individ- 14 ual's rule handbook, and, where applicable, a description of the 15 assigned duty and/or identification of assigned treatment program in 16 which the incarcerated person was determined to have failed to perform 17 properly. The report shall additionally specify the department facility 18 in which the recommendation to withhold, forfeit or cancel good time was EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00467-01-5A. 1085 2 1 made and the names of the department personnel on such facility's time 2 allowance committee who made such recommendation. 3 § 3. Section 803 of the correction law, as amended by chapter 3 of the 4 laws of 1995, paragraphs (a), (b), and (c) of subdivision 1 and subdivi- 5 sions 3, 4, and 5 as amended by section 37 of subpart B of part C of 6 chapter 62 of the laws of 2011, paragraph (d) of subdivision 1 and 7 subdivision 2-a as added by chapter 738 of the laws of 2004, subpara- 8 graph (ii) of paragraph (d) of subdivision 1 as amended by chapter 322 9 of the laws of 2021, subparagraph (iv) of paragraph (d) of subdivision 1 10 as separately amended by chapters 242 and 322 of the laws of 2021 and 11 subdivision 2-b as added by section 3 of part E of chapter 62 of the 12 laws of 2003, is amended to read as follows: 13 § 803. Good behavior allowances against indeterminate and determinate 14 sentences. 1. (a) Every person confined in an institution of the depart- 15 ment or a facility in the department of mental hygiene serving an inde- 16 terminate or determinate sentence of imprisonment, except a person serv- 17 ing a sentence with a maximum term of life imprisonment, [may] shall 18 receive a time allowance against the term or maximum term of [his or19her] their sentence imposed by the court. Such allowances [may be grant-20ed for good behavior and efficient and willing performance of duties21assigned or progress and achievement in an assigned treatment program,22and may be withheld, forfeited or canceled in whole or in part for bad23behavior, violation of institutional rules or failure to perform proper-24ly in the duties or program assigned] shall be credited toward a 25 person's sentence on an annual pro rata basis, and any credit awarded 26 over the course of the calendar year shall vest on the final day of the 27 calendar year. Once vested, such credit shall not be withheld, 28 forfeited, or canceled. 29 (a-1) Time allowances that have not yet been credited toward a 30 person's sentence may be withheld, forfeited or canceled in whole or in 31 part for violation of institutional rules, as demonstrated at a hearing 32 by a preponderance of the evidence. Such restrictions shall be limited 33 to the pro rata share of credit within the calendar year that the 34 offense is committed. If such time allowance is withheld, forfeited or 35 canceled in whole or in part, further allowances, not to exceed the 36 allowances set forth in paragraphs (b) and (c) of this subdivision, may 37 be reinstated for good behavior and efficient and willing performance of 38 duties assigned or progress and achievement in an assigned treatment 39 program. Following any final determination withholding, forfeiting, or 40 canceling a time allowance, the incarcerated person shall have the right 41 to take an administrative appeal to the central office of the department 42 and shall be advised of the right to seek legal assistance in the taking 43 of such appeal. The department shall adopt regulations in accordance 44 with this provision. 45 (b) A person serving an indeterminate sentence of imprisonment [may] 46 shall receive a time allowance against the maximum term of [his or her] 47 their sentence [not to exceed one-third] of one-half of the maximum term 48 imposed by the court. 49 (c) A person serving a determinate sentence of imprisonment [may] 50 shall receive a time allowance against the term of [his or her] their 51 sentence [not to exceed one-seventh] of one-half of the term imposed by 52 the court. 53 (d) (i) [Except as provided in subparagraph (ii) of this paragraph,54every] Every person under the custody of the department or confined in a 55 facility in the department of mental hygiene serving an indeterminate 56 sentence of imprisonment with a minimum period of one year or more or aA. 1085 3 1 determinate sentence of imprisonment of one year or more [imposed pursu-2ant to section 70.70 or 70.71 of the penal law,] may earn a merit time 3 allowance. 4 (ii) [Such merit time allowance shall not be available to any person5serving an indeterminate sentence authorized for an A-I felony offense,6other than an A-I felony offense defined in article two hundred twenty7of the penal law, or any sentence imposed for a violent felony offense8as defined in section 70.02 of the penal law, manslaughter in the second9degree, vehicular manslaughter in the second degree, vehicular10manslaughter in the first degree, criminally negligent homicide, an11offense defined in article one hundred thirty of the penal law, incest,12or an offense defined in article two hundred sixty-three of the penal13law, or aggravated harassment of an employee by an incarcerated individ-14ual.15(iii)] The merit time allowance credit against the minimum period of 16 the indeterminate sentence shall be [one-sixth] one-half of the minimum 17 period imposed by the court [except that such credit shall be one-third18of the minimum period imposed by the court for an A-I felony offense19defined in article two hundred twenty of the penal law]. In the case of 20 such a determinate sentence, in addition to the time allowance credit 21 authorized by paragraph (c) of this subdivision, the merit time allow- 22 ance credited against the term of the determinate sentence pursuant to 23 this paragraph shall be [one-seventh] one-quarter of the term imposed by 24 the court. 25 [(iv)] (iii) Such merit time allowance [may] shall be granted when an 26 incarcerated individual successfully participates in the work and treat- 27 ment program assigned pursuant to section eight hundred five of this 28 article [and], including but not limited to when such incarcerated indi- 29 vidual obtains a general equivalency diploma, an alcohol and substance 30 abuse treatment certificate, a vocational trade certificate [following31at least six months of vocational programming], at least eighteen cred- 32 its in a program registered by the state education department from a 33 degree-granting higher education institution or performs at least four 34 hundred hours of service as part of a community work crew, or success- 35 fully completes one or more "significant programmatic accomplishments" 36 as defined in paragraph (c) of subdivision one of section eight hundred 37 three-b of this article. The commissioner may designate additional 38 programs and achievements for which merit time shall be granted. Once 39 granted, such allowances shall not be withheld, forfeited, or cancelled. 40 Where the institution in which the incarcerated individual is confined 41 does not provide opportunities for every incarcerated individual to earn 42 merit time allowances, such merit time allowance shall be automatically 43 credited against the incarcerated individual's sentence according to 44 subparagraph (ii) of this paragraph. 45 [Such allowance shall be withheld for any serious disciplinary infrac-46tion or upon a judicial determination that the person, while an incar-47cerated individual, commenced or continued a civil action, proceeding or48claim that was found to be frivolous as defined in subdivision (c) of49section eight thousand three hundred three-a of the civil practice law50and rules, or an order of a federal court pursuant to rule 11 of the51federal rules of civil procedure imposing sanctions in an action52commenced by a person, while an incarcerated individual, against a state53agency, officer or employee.54(v)] (iv) The provisions of this paragraph shall apply to persons in 55 custody serving [an] a determinate or indeterminate sentence on the 56 effective date of this paragraph as well as to persons sentenced to [an]A. 1085 4 1 a determinate or indeterminate sentence on and after the effective date 2 of this paragraph [and prior to September first, two thousand five and3to persons sentenced to a determinate sentence prior to September first,4two thousand eleven for a felony as defined in article two hundred twen-5ty or two hundred twenty-one of the penal law]. The time allowances set 6 forth in this paragraph shall apply retroactively and shall be credited 7 toward every incarcerated individual's sentence within ninety days of 8 the chapter of the laws of two thousand twenty-five that amended this 9 paragraph. 10 2. If a person is serving more than one sentence, the authorized 11 allowances may be granted separately against the term or maximum term of 12 each sentence or, where consecutive sentences are involved, against the 13 aggregate maximum term. Such allowances shall be calculated as follows: 14 (a) A person serving two or more indeterminate sentences which run 15 concurrently [may] shall receive a time allowance [not to exceed one-16third] of one-half of the indeterminate sentence which has the longest 17 unexpired time to run. 18 (b) A person serving two or more indeterminate sentences which run 19 consecutively [may] shall receive a time allowance [not to exceed one-20third] of one-half of the aggregate maximum term. 21 (c) A person serving two or more determinate sentences which run 22 concurrently [may] shall receive a time allowance [not to exceed one-23seventh] of one-half of the determinate sentence which has the longest 24 unexpired time to run. 25 (d) A person serving two or more determinate sentences which run 26 consecutively [may] shall receive a time allowance [not to exceed one-27seventh] of one-half of the aggregate maximum term. 28 (e) A person serving one or more indeterminate sentence and one or 29 more determinate sentence which run concurrently [may] shall receive a 30 time allowance [not to exceed one-third] of one-half of the indetermi- 31 nate sentence which has the longest unexpired term to run or [one-sev-32enth] one-half of the determinate sentence which has the longest unex- 33 pired time to run, whichever allowance is greater. 34 (f) A person serving one or more indeterminate sentence and one or 35 more determinate sentence which run consecutively [may] shall receive a 36 time allowance [not to exceed] of the sum of [one-third] one-half of the 37 maximum or aggregate maximum of the indeterminate sentence or sentences 38 and [one-seventh] one-half of the term or aggregate maximum of the 39 determinate sentence or sentences. 40 2-a. If a person is serving more than one sentence, the authorized 41 merit time allowances may be granted against the period or aggregate 42 minimum period of the indeterminate sentence or sentences, or against 43 the term or aggregate term of the determinate sentence or sentences, or 44 where consecutive determinate and indeterminate sentences are involved, 45 against the aggregate minimum period as calculated pursuant to subpara- 46 graph (iv) of paragraph (a) of subdivision one of section 70.40 of the 47 penal law. Such allowances shall be calculated as follows: 48 (a) A person serving two or more indeterminate sentences which run 49 concurrently may receive a merit time allowance not to exceed [one-50sixth] one-half of the minimum period of the indeterminate sentence 51 imposed [for an offense other than an A-I felony offense defined in52article two hundred twenty of the penal law, or one-third of the minimum53period of the indeterminate sentence imposed for an A-I felony offense54defined in article two hundred twenty of the penal law, whichever allow-55ance results in the longest unexpired time to run] by the court.A. 1085 5 1 (b) A person serving two or more indeterminate sentences which run 2 consecutively may receive a merit time allowance not to exceed the 3 amount of [one-third] one-half of the minimum or aggregate minimum peri- 4 od of the sentences imposed [for an A-I felony offense defined in arti-5cle two hundred twenty of the penal law, plus one-sixth of the minimum6or aggregate minimum period of the sentences imposed for an offense7other than such A-I felony offense] by the court. 8 (c) A person serving two or more determinate sentences [for an offense9defined in article two hundred twenty or two hundred twenty-one of the10penal law] which run concurrently may receive a merit time allowance not 11 to exceed [one-seventh] one-quarter of the term of the determinate 12 sentence which has the longest unexpired time to run. 13 (d) A person serving two or more determinate sentences [for an offense14defined in article two hundred twenty or two hundred twenty-one of the15penal law] which run consecutively may receive a merit time allowance 16 not to exceed [one-seventh] one-quarter of the aggregate term of such 17 determinate sentences. 18 (e) A person serving one or more indeterminate sentences and one or 19 more determinate sentences [for an offense defined in article two20hundred twenty or two hundred twenty-one of the penal law] which run 21 concurrently may receive a merit time allowance not to exceed [one-22sixth] one-half of the minimum period of the indeterminate sentence 23 imposed [for an offense other than an A-I felony offense defined in24article two hundred twenty of the penal law, one-third of the minimum25period of the indeterminate sentence imposed for an A-I felony offense26defined in article two hundred twenty of the penal law,] or [one-sev-27enth] one-quarter of the term of the determinate sentence, whichever 28 allowance results in the largest unexpired time to run. 29 (f) A person serving one or more indeterminate sentences and one or 30 more determinate sentences which run consecutively may receive a merit 31 time allowance not to exceed the sum of [one-sixth] one-half of the 32 minimum or aggregate minimum period of the indeterminate sentence or 33 sentences imposed [for an offense other than an A-I felony offense34defined in article two hundred twenty of the penal law, one-third of the35minimum or aggregate minimum period of the indeterminate sentence or36sentences imposed for an A-I felony offense defined in article two37hundred twenty of the penal law] and [one-seventh] one-quarter of the 38 term or aggregate term of the determinate sentence or sentences. 39 (g) The provisions of this subdivision shall apply to persons in 40 custody serving [an] a determinate or indeterminate sentence on the 41 effective date of this subdivision as well as to persons sentenced to 42 [an] a determinate or indeterminate sentence on and after the effective 43 date of this subdivision [and prior to September first, two thousand44five and to persons sentenced to a determinate sentence prior to Septem-45ber first, two thousand eleven for a felony as defined in article two46hundred twenty or two hundred twenty-one of the penal law]. The merit 47 time allowances set forth in this subdivision shall apply retroactively, 48 and shall be credited toward every incarcerated individual's sentence 49 within ninety days of the effective date of the chapter of the laws of 50 two thousand twenty-five that amended this subdivision. 51 [2-b. Notwithstanding the foregoing, if a person is serving more than52one indeterminate sentence, at least one of which is imposed for a class53A-I felony offense defined in article two hundred twenty of the penal54law, the authorized merit time allowance granted pursuant to paragraph55(d) of subdivision one of this section shall be calculated as follows:A. 1085 6 1(a) In the event a person is serving two or more indeterminate2sentences with different minimum periods which run concurrently, the3merit time allowance shall be based upon the sentence with the longest4unexpired minimum period. If the sentence with the longest unexpired5minimum period was imposed for a class A-I felony, the merit time credit6shall be one-third of such sentence's minimum period; if such sentence7was imposed for an offense other than a class A-I felony, such merit8time credit shall be one-sixth of such sentence's minimum period.9Provided, however, that where the minimum period of any other concurrent10indeterminate sentence is greater than such reduced minimum period, the11minimum period of such other concurrent indeterminate sentence shall12also be reduced but only to the extent that the minimum period of such13other concurrent sentence, as so reduced, is equal to the reduced mini-14mum period of such sentence with the longest unexpired minimum period to15run.16(b) A person serving two or more indeterminate sentences with the same17minimum periods which run concurrently, and no concurrent indeterminate18sentence with any greater minimum period, shall have the minimum period19of each such sentence reduced in the amount of one-third of such minimum20period if all such sentences were imposed for a class A-I felony.21(c) A person serving two or more indeterminate sentences that run22consecutively shall have the aggregate minimum period of such sentences23reduced in the amount of one-third of such aggregate minimum period of24the sentences imposed for a class A-I felony, plus one-sixth of such25aggregate minimum period of the sentences imposed for an offense other26than a class A-I felony.] 27 3. The commissioner of corrections and community supervision shall 28 promulgate rules and regulations for the fair and equitable granting, 29 withholding, forfeiture, cancellation and restoration of allowances 30 authorized by this section in accordance with the criteria herein speci- 31 fied. Such rules and regulations shall specify procedures to ensure that 32 similarly situated incarcerated persons are treated similarly with 33 respect to the granting, withholding, forfeiture or cancellation of 34 allowances, and include provisions designating the person or committee 35 in each correctional institution delegated to make discretionary deter- 36 minations with respect to the allowances, the books and records to be 37 kept, and a procedure for review of the institutional determinations by 38 the commissioner. 39 4. [No person shall have the right to demand or require the allowances40authorized by this section. The decision of the commissioner of41corrections and community supervision as to the granting, withholding,42forfeiture, cancellation or restoration of such allowances shall be43final and shall not be reviewable if made in accordance with law.445.] Time allowances granted prior to any release to community super- 45 vision shall be forfeited and shall not be restored if the released 46 person is returned to an institution under the jurisdiction of the state 47 department of corrections and community supervision for violation of 48 community supervision or by reason of a conviction for a crime committed 49 while on community supervision. A person who is so returned may, howev- 50 er, subsequently receive time allowances against the remaining portion 51 of [his or her] their term, maximum term or aggregate maximum term 52 pursuant to this section [and provided such remaining portion of [his or53her] their term, maximum term, or aggregate maximum term is more than 54 one year]. 55 [6.] 5. Upon commencement of an indeterminate or a determinate 56 sentence the provisions of this section shall be furnished to the personA. 1085 7 1 serving the sentence and the meaning of same shall be fully explained to 2 [him] them by a person designated by the commissioner to perform such 3 duty. 4 § 4. Section 804 of the correction law, as added by chapter 680 of the 5 laws of 1967, subdivisions 1 and 2 as amended by chapter 145 of the laws 6 of 1976, and subdivision 6 as amended by section 39 of subpart B of part 7 C of chapter 62 of the laws of 2011, is amended to read as follows: 8 § 804. Good behavior allowances against definite sentences. 1. Every 9 person confined in an institution serving a definite sentence of impri- 10 sonment [may] shall receive a time [allowances as discretionary11reductions of the term of his sentence not to exceed in the aggregate12one-third] allowance of one-half of the term imposed by the court. Such 13 allowances [may be granted for good behavior and efficient and willing14performance of duties assigned or progress and achievement in an15assigned treatment program, and may be withheld, forfeited or cancelled16in whole or in part for bad behavior, violation of institutional rules17or failure to perform properly in the duties or program assigned] shall 18 be credited toward a person's sentence on an annual pro rata basis, and 19 any credit awarded over the course of the calendar year shall vest on 20 the final day of the calendar year. Once vested, such credit shall not 21 be withheld, forfeited, or canceled. 22 1-a. Time allowances that have not yet been granted toward a person's 23 sentence may be withheld, forfeited or canceled in whole or in part for 24 violation of institutional rules, as demonstrated at a hearing by a 25 preponderance of the evidence. Such restrictions shall be limited to the 26 pro rata share of credit within the calendar year that the offense is 27 committed. If such time allowance is withheld, forfeited or canceled in 28 whole or in part, further allowances, not to exceed one-half of the term 29 imposed by the court, may be reinstated for good behavior and efficient 30 and willing performance of duties assigned or progress and achievement 31 in an assigned treatment program. Following any final determination 32 withholding, forfeiting, or canceling a time allowance, the incarcerated 33 person shall have the right to take an administrative appeal to the 34 sheriff and shall be advised of the right to seek legal assistance in 35 the taking of such appeal. The sheriff shall adopt regulations in 36 accordance with this provision. 37 2. If a person is serving more than one sentence, the authorized 38 allowances may be granted separately against the term of each sentence 39 or, where consecutive sentences are involved, against the aggregate 40 term. Allowances based upon sentences of less than one month may be 41 granted, and in such case the maximum allowance shall be one day for 42 every [three] two days of the sentence. In no case, however, shall the 43 total of all allowances granted to any such person exceed [one-third] 44 one-half of the time [he] they would be required to serve, computed 45 without regard to this section. 46 3. [No person shall have the right to demand or require the allowances47authorized by this section. The decision of the sheriff, superintendent,48warden or other person in charge of the institution, or where such49institution is under the jurisdiction of a county or city department the50decision of the head of such department, as to the granting, withhold-51ing, forfeiture, cancellation or restoration of such allowances shall be52final and shall not be reviewable if made in accordance with law.534.] A person who has earned a reduction of sentence pursuant to this 54 section and who has been conditionally released under subdivision two of 55 section 70.40 of the penal law shall not forfeit such reduction by 56 reason of conduct causing [his] their return to the institution.A. 1085 8 1 Provided, nevertheless, that such reduction may be forfeited by reason 2 of subsequent conduct while serving the remainder of [his] their term. 3 [5.] 4. The state commission of correction shall promulgate record 4 keeping rules and regulations for the fair and equitable granting, with- 5 holding, forfeiture, cancellation and restoration of allowances author- 6 ized by this section. Such rules and regulations shall specify proce- 7 dures to ensure that similarly situated incarcerated persons are treated 8 similarly with respect to the granting, withholding, forfeiture or 9 cancellation of allowances. 10 [6.] 5. Notwithstanding anything to the contrary in this section, in 11 any case where a person is serving a definite sentence in an institution 12 under the jurisdiction of the state department of corrections and commu- 13 nity supervision, [subdivisions] subdivision three [and four] of section 14 eight hundred three of this [chapter] article shall apply. 15 [7.] 6. Upon commencement of any definite sentence the provisions of 16 this section shall be furnished to the person serving the sentence and 17 the meaning of same shall be fully explained to [him] them by an officer 18 designated in the regulation to perform such duty. 19 § 5. Section 804-a of the correction law, as added by chapter 220 of 20 the laws of 1987, is amended to read as follows: 21 § 804-a. Good behavior allowances for certain civil commitments. 1. 22 Every person confined in an institution serving a civil commitment for a 23 fixed period of time, whose release is not conditional upon any act 24 within [his] their power to perform, [may] shall receive time allowances 25 as discretionary reductions of the term of [his] their commitment not to 26 exceed, in the aggregate, [one-third] one-half of the term imposed by 27 the court. Such allowances [may be granted for good behavior and effi-28cient and willing performance of duties assigned or progress and29achievement in an assigned treatment program, and may be withheld,30forfeited or cancelled in whole or in part for bad behavior, violation31of institutional rules or failure to perform properly in the duties or32program assigned] shall be credited toward a person's sentence on an 33 annual pro rata basis, and any credit awarded over the course of the 34 calendar year shall vest on the final day of the calendar year. Once 35 vested, such credit shall not be withheld, forfeited, or canceled. 36 1-a. Time allowances that have not yet been granted toward a person's 37 sentence may be withheld, forfeited or canceled in whole or in part for 38 violation of institutional rules, as demonstrated at a hearing by a 39 preponderance of the evidence. Such restrictions shall be limited to the 40 pro rata share of credit within the calendar year that the offense is 41 committed. If such time allowance is withheld, forfeited or canceled in 42 whole or in part, further allowances, not to exceed one-half of the term 43 imposed by the court, may be reinstated for good behavior and efficient 44 and willing performance of duties assigned or progress and achievement 45 in an assigned treatment program. Following any final determination 46 withholding, forfeiting, or canceling a time allowance, the incarcerated 47 person shall have the right to take an administrative appeal to the 48 central office of the department and shall be advised of the right to 49 seek legal assistance in the taking of such appeal. The department shall 50 adopt regulations in accordance with this provision. 51 2. Allowances based upon commitments of less than one month may be 52 granted, and in such case the maximum allowances shall be one day for 53 every [three] two days of the commitment. In no case, however, shall the 54 total of all allowances granted to any such person exceed [one-third] 55 one-half of the time [he] they would be required to serve, computed 56 without regard to this section.A. 1085 9 1 3. [No person shall have the right to demand or require the allowances2authorized by this section. The decision of the sheriff, superintendent,3warden or other person in charge of the institution, or where such4institution is under the jurisdiction of a county or city department the5decision of the head of such department, as to the granting, withhold-6ing, forfeiture, cancellation, or restoration of such allowances shall7be final and shall not be reviewable if made in accordance with law.84.] The state commission of correction shall promulgate record keeping 9 rules and regulations for the granting, withholding, forfeiture, cancel- 10 lation and restoration of allowances authorized by this section. 11 [5.] 4. Upon commencement of any civil commitment as described in 12 subdivision one of this section, the provisions of this section shall be 13 furnished to the person serving the commitment and the meaning of same 14 shall be fully explained to [him] them by an officer designated in the 15 regulation to perform such duty. 16 § 6. Section 865 of the correction law, as added by chapter 261 of the 17 laws of 1987, subdivisions 1 and 2 as amended by chapter 322 of the laws 18 of 2021, is amended to read as follows: 19 § 865. Definitions. As used in this article, [the following terms20mean:211. "Eligible incarcerated individual" means a person sentenced to an22indeterminate term of imprisonment who will become eligible for release23on parole within three years or sentenced to a determinate term of24imprisonment who will become eligible for conditional release within25three years, who has not reached the age of fifty years, who has not26previously been convicted of a violent felony as defined in article27seventy of the penal law, or a felony in any other jurisdiction which28includes all of the essential elements of any such violent felony, upon29which an indeterminate or determinate term of imprisonment was imposed30and who was between the ages of sixteen and fifty years at the time of31commission of the crime upon which his or her present sentence was32based. Notwithstanding the foregoing, no person who is convicted of any33of the following crimes shall be deemed eligible to participate in this34program: (a) a violent felony offense as defined in article seventy of35the penal law; provided, however, that a person who is convicted of36burglary in the second degree as defined in subdivision two of section37140.25 of the penal law, or robbery in the second degree as defined in38subdivision one of section 160.10 of the penal law, or an attempt there-39of, is eligible to participate, (b) an A-I felony offense, (c) any homi-40cide offense as defined in article one hundred twenty-five of the penal41law, (d) any felony sex offense as defined in article one hundred thirty42of the penal law and (e) any escape or absconding offense as defined in43article two hundred five of the penal law.442. "Shock] "shock incarceration program" means a program pursuant to 45 which eligible incarcerated individuals are selected to participate in 46 the program and serve a period of six months in a shock incarceration 47 facility, which shall provide rigorous physical activity, intensive 48 regimentation and discipline and rehabilitation therapy and programming. 49 Such incarcerated individuals may be selected either: (i) at a reception 50 center; or (ii) at a general confinement facility [when the otherwise51eligible incarcerated individual then becomes eligible for release on52parole within three years in the case of an indeterminate term of impri-53sonment, or then becomes eligible for conditional release within three54years in the case of a determinate term of imprisonment]. 55 § 7. Section 867 of the correction law, as amended by chapter 322 of 56 the laws of 2021, is amended to read as follows:A. 1085 10 1 § 867. Procedure for selection of participants in shock incarceration 2 program. 1. An [eligible] incarcerated individual may make an applica- 3 tion to the shock incarceration screening committee for permission to 4 participate in the shock incarceration program. 5 2. If the shock incarceration screening committee determines that an 6 incarcerated individual's participation in the shock incarceration 7 program is consistent with the safety of the community, the welfare of 8 the applicant and the rules and regulations of the department, the 9 committee shall forward the application to the commissioner or [his] a 10 designee for approval or disapproval. 11 2-a. Subdivisions one and two of this section shall apply to a judi- 12 cially sentenced shock incarceration incarcerated individual only to the 13 extent that the screening committee may determine whether the incarcer- 14 ated individual has a medical or mental health condition that will 15 render the incarcerated individual unable to successfully complete the 16 shock incarceration program, and the facility in which the incarcerated 17 individual will participate in such program. Notwithstanding subdivi- 18 sion five of this section, an incarcerated individual sentenced to shock 19 incarceration shall promptly commence participation in the program [when20such incarcerated individual is an eligible incarcerated individual21pursuant to subdivision one of section eight hundred sixty-five of this22article]. 23 3. Applicants cannot participate in the shock incarceration program 24 unless they agree to be bound by all the terms and conditions thereof 25 and indicate such agreement by signing the memorandum of the program 26 immediately below a statement reading as follows: 27 "I accept the foregoing program and agree to be bound by the terms and 28 conditions thereof. I understand that my participation in the program is 29 a privilege that may be revoked at any time at the sole discretion of 30 the commissioner. I understand that I must successfully complete the 31 entire program to obtain a certificate of earned eligibility upon the 32 completion of said program, and in the event that I do not successfully 33 complete said program, for any reason, I will be transferred to a 34 nonshock incarceration correctional facility to continue service of my 35 sentence." 36 4. An incarcerated individual who has successfully completed a shock 37 incarceration program shall be eligible to receive such a certificate of 38 earned eligibility pursuant to section eight hundred five of this chap- 39 ter. Notwithstanding any other provision of law, an incarcerated indi- 40 vidual sentenced to a determinate sentence of imprisonment who has 41 successfully completed a shock incarceration program shall be eligible 42 to receive such a certificate of earned eligibility and shall be imme- 43 diately eligible to be conditionally released. 44 5. Participation in the shock incarceration program shall be a privi- 45 lege. Nothing contained in this article may be construed to confer upon 46 any incarcerated individual the right to participate or continue to 47 participate therein. 48 § 8. Clause (B) of subparagraph (ii) of paragraph (e) of subdivision 1 49 of section 70.30 of the penal law, as amended by chapter 3 of the laws 50 of 1995, is amended to read as follows: 51 (B) if the aggregate maximum term of the determinate sentence or 52 sentences is less than twenty years, the defendant shall be deemed to be 53 serving an indeterminate sentence the maximum term of which shall be 54 deemed to be twenty years. In such instances, the minimum sentence shall 55 be deemed to be ten years or [six-sevenths] one-half of the term orA. 1085 11 1 aggregate maximum term of the determinate sentence or sentences, which- 2 ever is greater. 3 § 9. Clause (B) of subparagraph (iii) of paragraph (e) of subdivision 4 1 of section 70.30 of the penal law, as amended by chapter 3 of the laws 5 of 1995, is amended to read as follows: 6 (B) if the aggregate maximum term of the determinate sentence or 7 sentences is less than thirty years, the defendant shall be deemed to be 8 serving an indeterminate sentence the maximum term of which shall be 9 deemed to be thirty years. In such instances, the minimum sentence shall 10 be deemed to be fifteen years or [six-sevenths] one-half of the term or 11 aggregate maximum term of the determinate sentence or sentences, which- 12 ever is greater. 13 § 10. Clause (B) of subparagraph (v) of paragraph (e) of subdivision 1 14 of section 70.30 of the penal law, as amended by chapter 3 of the laws 15 of 1995, is amended to read as follows: 16 (B) if the aggregate maximum term of the determinate sentence or 17 sentences is less than forty years, the defendant shall be deemed to be 18 serving an indeterminate sentence the maximum term of which shall be 19 deemed to be forty years. In such instances, the minimum sentence shall 20 be deemed to be twenty years or [six-sevenths] one-half of the term or 21 aggregate maximum term of the determinate sentence or sentences, which- 22 ever is greater. 23 § 11. Clause (B) of subparagraph (vii) of paragraph (e) of subdivision 24 1 of section 70.30 of the penal law, as amended by chapter 3 of the laws 25 of 1995, is amended to read as follows: 26 (B) if the aggregate maximum term of the determinate sentence or 27 sentences is less than fifty years, the defendant shall be deemed to be 28 serving an indeterminate sentence the maximum term of which shall be 29 deemed to be fifty years. In such instances, the minimum sentence shall 30 be deemed to be twenty-five years or [six-sevenths] one-half of the term 31 or aggregate maximum term of the determinate sentence or sentences, 32 whichever is greater. 33 § 12. Paragraph (b) of subdivision 4 of section 70.30 of the penal 34 law, as amended by chapter 3 of the laws of 1995, is amended to read as 35 follows: 36 (b) In the case of a person serving a definite sentence, the total of 37 such allowances shall not exceed [one-third] one-half of [his] their 38 term or aggregate term and the allowances shall be applied as a credit 39 against such term. 40 § 13. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 1 41 of section 70.40 of the penal law, as amended by section 127-c of 42 subpart B of part C of chapter 62 of the laws of 2011, are amended to 43 read as follows: 44 (iii) A person who is serving one or more than one indeterminate 45 sentence of imprisonment and one or more than one determinate sentence 46 of imprisonment, which run concurrently may be paroled at any time after 47 the expiration of the minimum period of imprisonment of the indetermi- 48 nate sentence or sentences, or upon the expiration of [six-sevenths] 49 one-half of the term of imprisonment of the determinate sentence or 50 sentences, whichever is later. 51 (iv) A person who is serving one or more than one indeterminate 52 sentence of imprisonment and one or more than one determinate sentence 53 of imprisonment which run consecutively may be paroled at any time after 54 the expiration of the sum of the minimum or aggregate minimum period of 55 the indeterminate sentence or sentences and [six-sevenths] one-half ofA. 1085 12 1 the term or aggregate term of imprisonment of the determinate sentence 2 or sentences. 3 § 14. Paragraph (b) of subdivision 1 of section 70.40 of the penal 4 law, as amended by section 127-d-1 of subpart B of part C of chapter 62 5 of the laws of 2011, is amended to read as follows: 6 (b) A person who is serving one or more than one indeterminate or 7 determinate sentence of imprisonment shall, if [he or she so requests] 8 they request, be conditionally released from the institution in which 9 [he or she is] they are confined when the total good behavior time 10 allowed to [him or her] them, pursuant to the provisions of the 11 correction law, is equal to the unserved portion of [his or her] their 12 term, maximum term or aggregate maximum term; provided, however, that 13 (i) in no event shall a person serving one or more indeterminate 14 sentence of imprisonment and one or more determinate sentence of impri- 15 sonment which run concurrently be conditionally released until serving 16 at least [six-sevenths] one-half of the determinate term of imprisonment 17 which has the longest unexpired time to run and (ii) in no event shall a 18 person be conditionally released prior to the date on which such person 19 is first eligible for discretionary parole release. The conditions of 20 release, including those governing post-release supervision, shall be 21 such as may be imposed by the state board of parole in accordance with 22 the provisions of the executive law. 23 Every person so released shall be under the supervision of the state 24 department of corrections and community supervision for a period equal 25 to the unserved portion of the term, maximum term, aggregate maximum 26 term, or period of post-release supervision. 27 § 15. This act shall take effect immediately; provided, however, that 28 the amendments to section 803 of the correction law made by section 29 three of this act shall not affect the expiration of such section and 30 shall be deemed to expire therewith; provided, further that the amend- 31 ments to subdivision 2-b of section 803 of the correction law made by 32 section three of this act shall not affect the repeal of such subdivi- 33 sion and shall be deemed repealed therewith; provided further, however, 34 that the amendments to paragraph (e) of subdivision 1 of section 70.30 35 of the penal law made by sections eight, nine, ten and eleven of this 36 act shall not affect the expiration of such paragraph and shall be 37 deemed to expire therewith; provided further, however, that the amend- 38 ments to paragraph (b) of subdivision 4 of section 70.30 of the penal 39 law made by section twelve of this act shall not affect the expiration 40 of such subdivision and shall expire therewith; and provided further, 41 however, that the amendments to paragraphs (a) and (b) of subdivision 1 42 of section 70.40 of the penal law made by sections thirteen and fourteen 43 of this act shall not affect the expiration of such paragraphs and shall 44 be deemed to expire therewith.
