Bill Text: NY A01886 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes inmates serving indeterminate sentences of imprisonment for offenses involving controlled substances and marihuana to receive good time allowances against the minimum terms of their sentences not to exceed one-third of the minimum term imposed; provides that drug offenders can receive good behavior allowances for progress in assigned treatment programs and willing performance of duties.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-01-17 - referred to correction [A01886 Detail]

Download: New_York-2019-A01886-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1886
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
                                       ___________
        Introduced  by  M.  of A. BARRON, JAFFEE, COOK, HYNDMAN -- read once and
          referred to the Committee on Correction
        AN ACT to amend the correction law, in relation to  authorizing  certain
          inmates  serving  indeterminate  sentences to receive good time allow-
          ances against the minimum terms of their sentences not to  exceed  one
          third of the actual minimum term imposed
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 803 of the correction law is amended  by  adding  a
     2  new subdivision 1-a to read as follows:
     3    1-a.  Every  person  confined in an institution of the department or a
     4  facility in the department of mental hygiene  serving  an  indeterminate
     5  sentence  of  imprisonment,  for  an  offense  contained  in article two
     6  hundred twenty or two hundred twenty-one of the penal law,  may  receive
     7  time allowance against the minimum term or period of his or her sentence
     8  not  to  exceed in the aggregate one-third of the term or period imposed
     9  by the court. Such allowances may be granted for good behavior and effi-
    10  cient 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.
    15    §  2.  Section  803  of  the correction law is amended by adding a new
    16  subdivision 1-b to read as follows:
    17    1-b. Every person confined in an institution of the  department  or  a
    18  facility  in  the  department of mental hygiene serving an indeterminate
    19  sentence of imprisonment,  for  an  offense  contained  in  article  two
    20  hundred  twenty  or two hundred twenty-one of the penal law, may receive
    21  time allowance against the minimum term or period of his or her sentence
    22  not to exceed in the aggregate one-third of the term or  period  imposed
    23  by the court. Such allowances may be granted for good behavior and effi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00039-01-9

        A. 1886                             2
     1  cient  and  willing  performance  of  duties  assigned  or  progress and
     2  achievement in an assigned  treatment  program,  and  may  be  withheld,
     3  forfeited or canceled in whole or in part for bad behavior, violation of
     4  institutional  rules  or  failure  to  perform properly in the duties or
     5  program assigned.
     6    § 3. The opening paragraph of subdivision 2  of  section  803  of  the
     7  correction  law, as amended by chapter 3 of the laws of 1995, is amended
     8  to read as follows:
     9    If a person is serving more than one sentence, the  authorized  allow-
    10  ances may be granted separately against the term or [maximum term] terms
    11  of  each  sentence or, where consecutive sentences are involved, against
    12  the aggregate [maximum term] terms.  Such allowances shall be calculated
    13  as follows:
    14    § 4. Subdivision 2 of section 803 of the correction law, as amended by
    15  chapter 126 of the laws of 1987, is amended to read as follows:
    16    2. If a person is serving  more  than  one  sentence,  the  authorized
    17  allowances may be granted separately against the [maximum term] terms of
    18  each  sentence or, where consecutive sentences are involved, against the
    19  aggregate [maximum term] terms.  In no case, however, shall the total of
    20  all allowances granted to any such  person  under  this  section  exceed
    21  one-third  of  the  time he would be required to serve, computed without
    22  regard to this section.
    23    § 5. Section 803 of the correction law is  amended  by  adding  a  new
    24  subdivision 7 to read as follows:
    25    7.  The expiration of the minimum period of imprisonment, as set forth
    26  in paragraph (a) of subdivision one of section 70.40 of the  penal  law,
    27  paragraph  (a) of subdivision two of section two hundred fifty-nine-i of
    28  the executive law, and section eight hundred five of this article, shall
    29  be deemed to mean the minimum period of imprisonment reduced by any time
    30  allowance granted pursuant to subdivision one-a  of  this  section.  The
    31  eligibility  of  an  inmate  to  receive  any time allowance pursuant to
    32  subdivision one-a of  this  section  shall  not  otherwise  affect  such
    33  inmate's eligibility to participate in any department program.
    34    §  6.  Subdivision 7 of section 803 of the correction law, as added by
    35  section five of this act, is amended to read as follows:
    36    7. The expiration of the minimum period of imprisonment, as set  forth
    37  in  paragraph  (a) of subdivision one of section 70.40 of the penal law,
    38  paragraph (a) of subdivision two of section two hundred fifty-nine-i  of
    39  the executive law, and section eight hundred five of this article, shall
    40  be deemed to mean the minimum period of imprisonment reduced by any time
    41  allowance granted pursuant to subdivision [one-a] one-b of this section.
    42  The  eligibility  of an inmate to receive any time allowance pursuant to
    43  subdivision [one-a] one-b of this section  shall  not  otherwise  affect
    44  such inmate's eligibility to participate in any department program.
    45    §  7.  Section  805  of the correction law, as amended by section 4 of
    46  part E of chapter 62 of the laws of 2003, is amended to read as follows:
    47    § 805. Earned eligibility program. Persons committed to the custody of
    48  the department under an indeterminate or determinate sentence of  impri-
    49  sonment  shall be assigned a work and treatment program as soon as prac-
    50  ticable. No earlier than two months prior to the inmate's eligibility to
    51  be paroled pursuant to subdivision one of section  70.40  of  the  penal
    52  law,  the commissioner shall review the inmate's institutional record to
    53  determine whether he or she has complied with the assigned  program.  If
    54  the  commissioner  determines  that  the inmate has successfully partic-
    55  ipated in the program he may issue the inmate a  certificate  of  earned
    56  eligibility.  Notwithstanding  any other provision of law, an inmate who

        A. 1886                             3
     1  is serving a sentence with a minimum term of not more than  eight  years
     2  and  who  has  been issued a certificate of earned eligibility, shall be
     3  granted parole release at the expiration of his or her minimum term,  or
     4  where  applicable,  at the expiration of the minimum term reduced by any
     5  time allowances, or as authorized by subdivision four of  section  eight
     6  hundred  sixty-seven  of  this chapter unless the board of parole deter-
     7  mines that there is a reasonable probability that,  if  such  inmate  is
     8  released,  he or she will not live and remain at liberty without violat-
     9  ing the law and that his release is not compatible with the  welfare  of
    10  society.  Any  action by the commissioner pursuant to this section shall
    11  be deemed a judicial function and shall not be  reviewable  if  done  in
    12  accordance with law.
    13    § 8. This act shall take effect on the first of November next succeed-
    14  ing  the  date  on  which  it shall have become a law, provided that the
    15  amendments to section 803 of the correction law made  by  sections  one,
    16  three and five of this act shall be subject to the expiration and rever-
    17  sion  of such section pursuant to section 74 of chapter 3 of the laws of
    18  1995, as amended, when upon such date the provisions  of  sections  two,
    19  four  and  six of this act shall take effect; and provided, further, the
    20  amendments to section 805 of the correction law made by section seven of
    21  this act shall not affect the expiration of such section  and  shall  be
    22  deemed to expire therewith.
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