Bill Text: NY A01957 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to failure to complete a program for time allowances due to circumstances beyond an individual's control.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-11 - amended on third reading 1957a [A01957 Detail]
Download: New_York-2021-A01957-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1957--A Cal. No. 89 2021-2022 Regular Sessions IN ASSEMBLY January 13, 2021 ___________ Introduced by M. of A. CRUZ, KELLES -- read once and referred to the Committee on Correction -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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 sentence imposed by the 9 court. Such allowances may be granted for good behavior and efficient 10 and willing performance of duties assigned or progress and achievement 11 in an assigned treatment program, and may be withheld, forfeited or 12 canceled in whole or in part for bad behavior, violation of institu- 13 tional rules or failure to perform properly in the duties or program 14 assigned. Such allowances shall not be withheld if a person fails to 15 complete a program because of circumstances beyond such person's 16 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. LBD06180-02-2A. 1957--A 2 1 the maximum term or period of his or her sentence not to exceed in the 2 aggregate one-third of the term or period imposed by the court. Such 3 allowances may be granted for good behavior and efficient and willing 4 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 his 34 or her control. 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. 1957--A 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 his 3 or her control. 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 or her sentence not to exceed in the aggregate one- 9 third of the term imposed by the court. Such allowances may be granted 10 for good behavior and efficient and willing performance of duties 11 assigned or progress and achievement in an assigned treatment program, 12 and may be withheld, forfeited or cancelled in whole or in part for bad 13 behavior, violation of institutional rules or failure to perform proper- 14 ly in the duties or program assigned. Such allowances shall not be with- 15 held, forfeited or cancelled in whole or in part for a person's failure 16 to complete an assigned program due to circumstances beyond his or her 17 control. 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 has 27 complied with the assigned program. Credit for such assigned program 28 shall not be withheld if a person fails to complete a program because of 29 circumstances beyond such person's control. If the commissioner deter- 30 mines that the incarcerated individual has successfully participated in 31 the program he or she may issue the incarcerated individual a certif- 32 icate of earned eligibility. Notwithstanding any other provision of law, 33 an incarcerated individual who is serving a sentence with a minimum term 34 of not more than eight years and who has been issued a certificate of 35 earned eligibility, shall be granted parole release at the expiration of 36 his or her minimum term or as authorized by subdivision four of section 37 eight hundred sixty-seven of this chapter unless the board of parole 38 determines that there is a reasonable probability that, if such incar- 39 cerated individual is released, he or she will not live and remain at 40 liberty without violating the law and that his or her release is not 41 compatible with the welfare of society. Any action by the commissioner 42 pursuant to this section shall be deemed a judicial function and shall 43 not be reviewable if done in accordance with law. 44 § 7. Section 805 of the correction law, as amended by section 226-a of 45 chapter 322 of the laws of 2021, is amended to read as follows: 46 § 805. Earned eligibility program. Persons committed to the custody of 47 the department under an indeterminate sentence of imprisonment shall be 48 assigned a work and treatment program as soon as practicable. No earlier 49 than two months prior to the expiration of an incarcerated individual's 50 minimum period of imprisonment, the commissioner shall review the incar- 51 cerated individual's institutional record to determine whether he or she 52 has complied with the assigned program. Credit for such assigned 53 program shall not be withheld if a person fails to complete a program 54 because of circumstances beyond such person's control. If the commis- 55 sioner determines that the incarcerated individual has successfully 56 participated in the program he or she may issue the incarcerated indi-A. 1957--A 4 1 vidual a certificate of earned eligibility. Notwithstanding any other 2 provision of law, an incarcerated individual who is serving a sentence 3 with a minimum term of not more than six years and who has been issued a 4 certificate of earned eligibility, shall be granted parole release at 5 the expiration of his or her minimum term or as authorized by subdivi- 6 sion four of section eight hundred sixty-seven of this chapter unless 7 the board of parole determines that there is a reasonable probability 8 that, if such incarcerated individual is released, he or she will not 9 live and remain at liberty without violating the law and that his or her 10 release is not compatible with the welfare of society. Any action by the 11 commissioner pursuant to this section shall be deemed a judicial func- 12 tion and shall not be reviewable if done in accordance with law. 13 § 8. Subdivision 5 of section 806 of the correction law, as amended by 14 chapter 322 of the laws of 2021, is amended to read as follows: 15 5. No person shall have the right to demand or require presumptive 16 release authorized by this section. The commissioner may revoke at any 17 time an incarcerated individual's scheduled presumptive release pursuant 18 to this section for any disciplinary infraction committed by the incar- 19 cerated individual or for any failure to continue to participate 20 successfully in any assigned work and treatment program after the 21 certificate of earned eligibility has been awarded except that any such 22 failure to continue to participate in an assigned work or treatment 23 program shall not be grounds for revocation of presumptive release if 24 such failure is due to circumstances beyond the incarcerated person's 25 control. The commissioner may deny presumptive release to any incarcer- 26 ated individual whenever the commissioner determines that such release 27 may not be consistent with the safety of the community or the welfare of 28 the incarcerated individual. Any action by the commissioner pursuant to 29 this section shall be deemed a judicial function and shall not be 30 reviewable if done in accordance with law. 31 § 9. This act shall take effect immediately; provided that the amend- 32 ments to paragraph (a) and subparagraph (iv) of paragraph (d) of subdi- 33 vision 1 of section 803 of the correction law made by sections one and 34 three of this act shall be subject to the expiration and reversion of 35 such subdivision pursuant subdivision d of section 74 of chapter 3 of 36 the laws of 1995, as amended, when upon such date the provisions of 37 sections two and four of this act shall take effect; provided, further, 38 that the amendments to section 805 of the correction law made by section 39 six of this act shall be subject to the expiration and reversion of such 40 section pursuant to subdivision d of section 74 of chapter 3 of the laws 41 of 1995, as amended, when upon such date the provisions of section seven 42 of this act shall take effect; and provided, further, that the amend- 43 ments to subdivision 5 of section 806 of the correction law made by 44 section eight of this act shall not affect the repeal of such section 45 and shall be deemed repealed therewith.
