Bill Text: NY A01392 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-03 - referred to correction [A01392 Detail]

Download: New_York-2023-A01392-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1392

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of A. AUBRY, BURGOS, CARROLL, WALKER, WEPRIN -- read
          once and referred to the Committee on Correction

        AN ACT to amend the correction law, chapter 738  of  the  laws  of  2004
          amending  the  correction  law  and  other laws relating to controlled
          substances and indeterminate sentences,  and  the  executive  law,  in
          relation  to expanding eligibility in the merit time allowance program
          for all inmates except those serving a sentence of  life  imprisonment
          without  parole, murder in the first degree, incest, an act of terror-
          ism, aggravated harassment of an employee by an inmate, or an  attempt
          or  conspiracy  to  commit any such offense, to earn merit time allow-
          ance; and to repeal section 803-b of the correction  law  relating  to
          limited credit time allowances

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
     2  vision 1 of section 803 of the correction law, subparagraph (i) as added
     3  by section 7 of chapter 738 of the laws of 2004, subparagraphs (ii)  and
     4  (iv)  as  amended  by section 224 of chapter 322 of the laws of 2021 and
     5  subparagraph (iv) as separately amended by section 1 of chapter  242  of
     6  the laws of 2021, are amended to read as follows:
     7    (i)  Except  as provided in subparagraph (ii) of this paragraph, every
     8  person under the custody of the department or confined in a facility  in
     9  the  department  of  mental hygiene serving an indeterminate sentence of
    10  imprisonment with a minimum period of one year or more or a  determinate
    11  sentence  of  imprisonment  of  one  year  or  more [imposed pursuant to
    12  section 70.70 or 70.71 of the penal law,] may earn a merit  time  allow-
    13  ance.
    14    (ii)  Such  merit  time allowance shall not be available to any person
    15  serving [an indeterminate] a sentence  [authorized  for  an  A-I  felony
    16  offense, other than an A-I felony offense defined in article two hundred
    17  twenty  of  the  penal law, or any sentence imposed for a violent felony

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03844-01-3
        A. 1392                             2

     1  offense as defined in section 70.02 of the penal  law,  manslaughter  in
     2  the  second degree, vehicular manslaughter in the second degree, vehicu-
     3  lar manslaughter in the first  degree,  criminally  negligent  homicide]
     4  imposed  for  murder in the first degree as defined in section 125.27 of
     5  the penal law, an offense defined in article one hundred thirty  of  the
     6  penal  law,  incest,  [or]  an  offense  defined  in article two hundred
     7  sixty-three of the penal law, [or] an act of  terrorism  as  defined  in
     8  article  four  hundred ninety of the penal law, aggravated harassment of
     9  an employee by an incarcerated individual, or an attempt  or  conspiracy
    10  to commit any such offense.
    11    (iv)  Such  merit  time  allowance may be granted when an incarcerated
    12  individual successfully participates in the work and  treatment  program
    13  assigned pursuant to section eight hundred five of this article and when
    14  such  incarcerated individual [obtains a] achieves one of the following:
    15  (1) completes his or her general equivalency diploma, his or her  educa-
    16  tional  requirements  as  determined by the department or satisfactorily
    17  completes coursework sponsored by  an  institution  of  higher  learning
    18  representing  a  semester of academic training; (2) completes an alcohol
    19  and substance abuse treatment [certificate, a vocational  trade  certif-
    20  icate following at least six months of vocational programming,] program,
    21  or  completes  a comparable program of a different type as determined by
    22  the department, including, but not limited to, anger management,  family
    23  violence, or parenting; (3) completes a vocational training program or a
    24  comparable  and equivalent training program as determined by the depart-
    25  ment; (4) performs satisfactorily for at least six months in  a  skilled
    26  job  assignment,  including  but not limited to, Incarcerated Individual
    27  Program Aide (IIPA), law library clerk,  medical/infirmary  aide,  chil-
    28  dren's  center  aide,  and  food  service worker; (5) completes at least
    29  eighteen credits in a program registered by the state education  depart-
    30  ment  from  a  degree-granting  higher  education  institution;  or  (6)
    31  performs at least four hundred hours of service as part of  a  community
    32  work crew.
    33    Such  allowance shall be withheld for any serious disciplinary infrac-
    34  tion or upon a judicial determination that the person, while  an  incar-
    35  cerated individual, commenced or continued a civil action, proceeding or
    36  claim  that  was  found to be frivolous as defined in subdivision (c) of
    37  section eight thousand three hundred three-a of the civil  practice  law
    38  and  rules,  or  an  order of a federal court pursuant to rule 11 of the
    39  federal rules  of  civil  procedure  imposing  sanctions  in  an  action
    40  commenced by a person, while an incarcerated individual, against a state
    41  agency, officer or employee.
    42    §  2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdivision
    43  1 of section 803 of the correction law, subparagraph  (i)  as  added  by
    44  section  10-a of chapter 738 of the laws of 2004, subparagraphs (ii) and
    45  (iv) as amended by section 224-a of chapter 322 of the laws of 2021  and
    46  subparagraph  (iv)  as separately amended by section 2 of chapter 242 of
    47  the laws of 2021, are amended to read as follows:
    48    (i) Except as provided in subparagraph (ii) of this  paragraph,  every
    49  person  under the custody of the department or confined in a facility in
    50  the department of mental hygiene serving an  indeterminate  sentence  of
    51  imprisonment  with a minimum period of one year or more or a determinate
    52  sentence of imprisonment of  one  year  or  more  [imposed  pursuant  to
    53  section  70.70  or 70.71 of the penal law,] may earn a merit time allow-
    54  ance.
    55    (ii) Such merit time allowance shall not be available  to  any  person
    56  serving  [an  indeterminate]  a  sentence  [authorized for an A-I felony
        A. 1392                             3

     1  offense, other than an A-I felony offense defined in article two hundred
     2  twenty of the penal law, or any sentence imposed for  a  violent  felony
     3  offense  as  defined  in section 70.02 of the penal law, manslaughter in
     4  the  second degree, vehicular manslaughter in the second degree, vehicu-
     5  lar manslaughter in the first  degree,  criminally  negligent  homicide]
     6  imposed  for  murder in the first degree as defined in section 125.27 of
     7  the penal law, an offense defined in article one hundred thirty  of  the
     8  penal  law,  incest,  [or]  an  offense  defined  in article two hundred
     9  sixty-three of the penal law, [or] an act of  terrorism  as  defined  in
    10  article  four  hundred ninety of the penal law, aggravated harassment of
    11  an employee by an incarcerated individual, or an attempt  or  conspiracy
    12  to commit any such offense.
    13    (iv)  Such  merit  time  allowance may be granted when an incarcerated
    14  individual successfully participates in the work and  treatment  program
    15  assigned pursuant to section eight hundred five of this article and when
    16  such  incarcerated individual [obtains a] achieves one of the following:
    17  (1) completes his or her general equivalency diploma, his or her  educa-
    18  tional  requirements  as  determined by the department or satisfactorily
    19  completes coursework sponsored by  an  institution  of  higher  learning
    20  representing  a  semester of academic training; (2) completes an alcohol
    21  and substance abuse treatment [certificate, a vocational  trade  certif-
    22  icate following at least six months of vocational programming,] program,
    23  or  completes  a comparable program of a different type as determined by
    24  the department, including, but not limited to, anger management,  family
    25  violence, or parenting; (3) completes a vocational training program or a
    26  comparable  and equivalent training program as determined by the depart-
    27  ment; (4) performs satisfactorily for at least six months in  a  skilled
    28  job  assignment,  including  but not limited to, Incarcerated Individual
    29  Program Aide (IIPA), law library clerk,  medical/infirmary  aide,  chil-
    30  dren's  center  aide,  and  food  service worker; (5) completes at least
    31  eighteen credits in a program registered by the state education  depart-
    32  ment  from  a  degree-granting  higher  education  institution;  or  (6)
    33  performs at least four hundred hours of service as part of  a  community
    34  work crew.
    35    Such  allowance shall be withheld for any serious disciplinary infrac-
    36  tion or upon a judicial determination that the person, while  an  incar-
    37  cerated individual, commenced or continued a civil action, proceeding or
    38  claim  that  was  found to be frivolous as defined in subdivision (c) of
    39  section eight thousand three hundred three-a of the civil  practice  law
    40  and  rules,  or  an  order of a federal court pursuant to rule 11 of the
    41  federal rules  of  civil  procedure  imposing  sanctions  in  an  action
    42  commenced by a person, while an incarcerated individual, against a state
    43  agency, officer or employee.
    44    § 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
    45  of  the correction law, as added by section 7 of chapter 738 of the laws
    46  of 2004, is amended to read as follows:
    47    (v) The provisions of this paragraph shall apply to persons in custody
    48  serving an indeterminate sentence on the effective date  of  this  para-
    49  graph  as  well  as to persons sentenced to an indeterminate sentence on
    50  and after the effective date of this paragraph and  prior  to  September
    51  first,  two  thousand  five  and  to  persons sentenced to a determinate
    52  sentence [prior to September first, two thousand eleven] for a felony as
    53  defined in article two hundred twenty or two hundred twenty-one  of  the
    54  penal law.
        A. 1392                             4

     1    § 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
     2  of  the  correction  law, as added by section 10-a of chapter 738 of the
     3  laws of 2004, is amended to read as follows:
     4    (v) The provisions of this paragraph shall apply to persons in custody
     5  serving  an  indeterminate  sentence on the effective date of this para-
     6  graph as well as to persons sentenced to an  indeterminate  sentence  on
     7  and  after  the  effective date of this paragraph and prior to September
     8  first, two thousand five and  to  persons  sentenced  to  a  determinate
     9  sentence [prior to September first, two thousand eleven] for a felony as
    10  defined  in  article two hundred twenty or two hundred twenty-one of the
    11  penal law.
    12    § 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
    13  law, as added by section 9 of chapter  738  of  the  laws  of  2004,  is
    14  amended to read as follows:
    15    (g)  The  provisions  of  this  subdivision  shall apply to persons in
    16  custody serving an indeterminate sentence on the effective date of  this
    17  subdivision as well as to persons sentenced to an indeterminate sentence
    18  on and after the effective date of this subdivision and prior to Septem-
    19  ber  first,  two thousand five and to persons sentenced to a determinate
    20  sentence [prior to September first, two thousand eleven] for a felony as
    21  defined in article two hundred twenty or two hundred twenty-one  of  the
    22  penal law.
    23    § 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
    24  law,  as  added  by  section  11  of chapter 738 of the laws of 2004, is
    25  amended to read as follows:
    26    (g) The provisions of this  subdivision  shall  apply  to  persons  in
    27  custody  serving an indeterminate sentence on the effective date of this
    28  subdivision as well as to persons sentenced to an indeterminate sentence
    29  on and after the effective date of this subdivision and prior to Septem-
    30  ber first, two thousand five and to persons sentenced to  a  determinate
    31  sentence [prior to September first, two thousand eleven] for a felony as
    32  defined  in  article two hundred twenty or two hundred twenty-one of the
    33  penal law.
    34    § 7. Section 803-b of the correction law is REPEALED.
    35    § 8. Subdivision (c-1) of section 41 of chapter 738  of  the  laws  of
    36  2004  amending  the correction law and other laws relating to controlled
    37  substances and indeterminate sentences, is amended to read as follows:
    38    (c-1) the provisions of sections seven, eight, nine, ten and ten-a  of
    39  this  act,  and subdivision 2-a of section 803 of the correction law, as
    40  added by section eleven of this act shall apply to  persons  in  custody
    41  serving  an  indeterminate  sentence  on  the  effective  date  of  such
    42  provisions as well as to persons sentenced to an indeterminate  sentence
    43  on  and after the effective date of such provisions and prior to Septem-
    44  ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
    45  September 1, 2011] for a felony as defined in article 220 or 221 of  the
    46  penal law;
    47    §  9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1
    48  of section 632-a of the executive law, as amended by section 24 of  part
    49  A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
    50    (C)  [an  offense for which a merit time allowance may not be received
    51  against the sentence pursuant to paragraph (d)  of  subdivision  one  of
    52  section  eight  hundred  three  of  the  correction  law]  an A-I felony
    53  offense, other than an A-I felony offense defined in article two hundred
    54  twenty of the penal law, manslaughter in the  second  degree,  vehicular
    55  manslaughter  in  the second degree, vehicular manslaughter in the first
    56  degree, criminally negligent homicide, an offense defined in article one
        A. 1392                             5

     1  hundred thirty of the penal law, incest, an offense defined  in  article
     2  two  hundred  sixty-three  of the penal law, aggravated harassment of an
     3  employee by an inmate;
     4    §  10.  This act shall take effect on the ninetieth day after it shall
     5  have become a law and shall apply to: (i) persons in custody serving  an
     6  indeterminate  or  determinate  sentence  or  sentences on the effective
     7  date; (ii) persons sentenced to an indeterminate or determinate sentence
     8  or sentences on or after the effective date; and (iii) persons who  have
     9  not  completed  service  of  an indeterminate or determinate sentence or
    10  sentences imposed prior to the effective date; provided,  however,  that
    11  the  amendments  to  section  803 of the correction law made by sections
    12  one, three, and five of this act shall be subject to the expiration  and
    13  reversion  of  such  section  pursuant to subdivision d of section 74 of
    14  chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
    15  provisions of sections two, four and six of this act shall take effect.