Bill Text: NY A07442 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for inmates to earn good behavior allowance credits while incarcerated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-26 - reported referred to codes [A07442 Detail]
Download: New_York-2021-A07442-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7442 2021-2022 Regular Sessions IN ASSEMBLY May 10, 2021 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Correction AN ACT to amend the correction law and the penal law, in relation to providing for good behavior allowance credits to inmates; and to repeal certain provisions of the correction law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 800 of the correction law, as amended by chapter 2 653 of the laws of 1974, is amended to read as follows: 3 § 800. Applicability. The provisions of this article shall apply, to 4 the exclusion of all other provisions of this chapter relating to good 5 behavior [allowances] allowance credits, where sentence has been imposed 6 pursuant to the provisions of the penal law as enacted by chapter ten 7 hundred thirty of the laws of nineteen hundred sixty-five, as amended, 8 or where the sentence is a reformatory sentence of imprisonment. Matters 9 not expressly covered herein or covered in such penal law shall be 10 governed by such other provisions of law as may be applicable. 11 § 2. The correction law is amended by adding a new section 802 to read 12 as follows: 13 § 802. Definitions. As used in this article, the following terms shall 14 have the following meanings: 15 (a) "Institution" means any institution under the jurisdiction of the 16 department or an institution designated by the commissioner pursuant to 17 section seventy-two-a of this chapter. 18 (b) "Eligible inmate" means an inmate confined in an institution who 19 is not serving a sentence for a class A-I felony offense pursuant to 20 sections 125.25, 125.26 and 125.27 of the penal law. 21 § 3. Section 803 of the correction law, as amended by chapter 3 of the 22 laws of 1995, paragraphs (a), (b) and (c) of subdivision 1 and subdivi- 23 sions 3, 4 and 5 as amended by section 37 of subpart B of part C of 24 chapter 62 of the laws of 2011, paragraph (d) of subdivision 1 and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10953-01-1A. 7442 2 1 subdivision 2-a as added by chapter 738 of the laws of 2004, and subdi- 2 vision 2-b as added by section 3 of part E of chapter 62 of the laws of 3 2003, is amended to read as follows: 4 § 803. Good behavior allowances against indeterminate and determinate 5 sentences. 1. (a) Every person confined in an institution of the depart- 6 ment or a facility in the department of mental hygiene serving an inde- 7 terminate or determinate sentence of imprisonment, except a person serv- 8 ing a sentence with a [maximum] term of life imprisonment, [may] shall 9 receive [time allowance] one-third time credit upon an inmate's entry 10 into the department's custody against the [term or] minimum and the 11 maximum term or period of his or her sentence imposed by the court so as 12 to encourage good behavior. Such [allowances may be granted] credit 13 shall be kept for good behavior and efficient and willing performance of 14 duties assigned or progress and achievement in an assigned treatment 15 program, and may be [withheld,] forfeited [or canceled] in whole or in 16 part for bad behavior, violation of institutional rules or failure to 17 perform properly in the duties or program assigned. Within thirty days 18 of beginning his or her incarceration, each inmate shall receive the 19 calculation of his or her good time credit to include the calculated 20 release date. If at any point throughout his or her incarceration there 21 is a recommendation to change an inmate's good behavior credit and 22 proposed release date due to alleged bad behavior, the inmate shall be 23 notified of such recommended changes within thirty days of the date of 24 such recommendation. 25 (b) A person serving an indeterminate sentence of imprisonment [may] 26 shall receive one-third time [allowance] credit upon entry into the 27 department's custody against the minimum term and the maximum term of 28 his or her sentence [not to exceed one-third of the maximum term] 29 imposed by the court. 30 (c) A person serving a determinate sentence of imprisonment [may] 31 shall receive one-third time [allowance] credit upon entry into the 32 department's custody against the term or maximum term of his or her 33 sentence [not to exceed one-seventh of the term] imposed by the court. 34 (d) (i) The department shall enter into partnerships with, but not 35 limited to: 36 (A) nonprofit and other private organizations, including faith-based, 37 art, and community-based organizations that will deliver merit program 38 activities and programming on a paid or volunteer basis; 39 (B) institutions of higher education that will deliver instruction on 40 a paid or volunteer basis; 41 (C) private entities that will: 42 (1) deliver vocational training and certifications; 43 (2) provide equipment to facilitate vocational training or employment 44 opportunities for prisoners; 45 (3) employ prisoners; or 46 (4) assist prisoners who are in pre-release custody or supervised 47 release in finding employment; and 48 (D) industry-sponsored organizations that will deliver workforce 49 development and training, on a paid or volunteer basis. Except as 50 provided in subparagraph (ii) of this paragraph, every person under the 51 custody of the department or confined in a facility in the department of 52 mental hygiene [serving an indeterminate sentence of imprisonment with a53minimum period of one year or more or a determinate sentence of impri-54sonment of one year or more imposed pursuant to section 70.70 or 70.7155of the penal law, may] shall earn [a] merit time allowance credits. 56 Inmates shall be given a merit plan within two months of the beginningA. 7442 3 1 of their incarceration. Merit program activities and programming part- 2 nerships shall be offered at every facility within the department, which 3 shall provide funding for such activities and programming. 4 (ii) Such merit time allowance credits shall not be available to any 5 person serving [an indeterminate] a sentence [authorized] for an A-I 6 felony offense[, other than an A-I felony offense defined in article two7hundred twenty of the penal law, or any sentence imposed for a violent8felony offense as defined in section 70.02 of the penal law, manslaught-9er in the second degree, vehicular manslaughter in the second degree,10vehicular manslaughter in the first degree, criminally negligent homi-11cide, an offense defined in article one hundred thirty of the penal law,12incest, or an offense defined in article two hundred sixty-three] pursu- 13 ant to sections 125.25, 125.26 and 125.27 of the penal law[, or aggra-14vated harassment of an employee by an inmate]. 15 (iii) [The merit time allowance] (A) After application of time credit 16 [against the minimum period of the indeterminate sentence shall be one-17sixth of the minimum period imposed by the court except that such credit18shall be one-third of the minimum period imposed by the court for an A-I19felony offense defined in article two hundred twenty of the penal law.20In the case of such a determinate sentence, in addition to the time21allowance credit authorized by paragraph (c) of this subdivision, the22merit time allowance credited against the term of the determinate23sentence pursuant to this paragraph shall be one-seventh of the term24imposed by the court] for good behavior pursuant to paragraphs (a), (b) 25 and (c) of this subdivision, an inmate shall receive an additional month 26 of credit off of their sentence for every month of participation in the 27 activities described pursuant to subparagraph (iv) of this paragraph as 28 follows: 29 (1) if the sentence is determinate, the authorized allowance credits 30 shall be one month off the remainder of the sentence for every month of 31 participation, after application of credit earned for good behavior as 32 set forth pursuant to paragraph (a) of this subdivision; 33 (2) if the sentence is indeterminate, the authorized allowance credits 34 shall be one month off both the minimum and maximum terms of the 35 sentence for every month of participation, after application of credit 36 earned for good behavior as set forth pursuant to paragraph (a) of this 37 subdivision; 38 (3) if an individual is serving two or more indeterminate sentences 39 which run concurrently, the authorized allowance credits shall be one 40 month off both the aggregate maximum and aggregate minimum terms of the 41 sentences for every month of participation, after the application of 42 credit earned for good behavior as set forth pursuant to paragraph (a) 43 of this subdivision; 44 (4) if an individual is serving two or more indeterminate sentences 45 which run consecutively, the authorized allowance credits shall be one 46 month off the maximum or aggregate maximum and minimum or aggregate 47 minimum terms of the sentences for every month of participation, after 48 the application of credit earned for good behavior as set forth pursuant 49 to paragraph (a) of this subdivision; 50 (5) if an individual is serving two or more determinate sentences 51 which run concurrently, the authorized allowance credits shall be one 52 month off the aggregate maximum sentence for every month of partic- 53 ipation after the application of credit earned for good behavior as set 54 forth pursuant to paragraph (a) of this subdivision; 55 (6) if an individual is serving two or more determinate sentences 56 which run consecutively, the authorized allowance credits shall be oneA. 7442 4 1 month off the aggregate maximum sentence for every month of partic- 2 ipation, after the application of credit earned for good behavior as set 3 forth pursuant to paragraph (a) of this subdivision; 4 (7) if an individual is serving one or more indeterminate sentences 5 and one or more determinate sentences which run concurrently, the 6 authorized allowance credits shall be one month off the aggregate mini- 7 mum and aggregate maximum sentences for every month of participation, 8 after the application of credit earned for good behavior as set forth 9 pursuant to paragraph (a) of this subdivision; and 10 (8) if an individual is serving one or more indeterminate sentences 11 and one or more determinate sentences which run consecutively, the 12 authorized allowance credits shall be one month off the aggregate mini- 13 mum and aggregate maximum sentences for every month of participation, 14 after application of credit earned for good behavior as set forth pursu- 15 ant to paragraph (a) of this subdivision. 16 (B) By participating in the activities set forth pursuant to subpara- 17 graph (iv) of this paragraph, inmates shall also earn: 18 (1) expanded phone privileges and benefits; 19 (2) the ability to participate in video conferencing where available; 20 (3) additional visiting privileges as determined by the warden; 21 (4) consideration for placement upon the inmate's request closer to 22 the inmate's release address, subject to bed availability, security, and 23 the warden's recommendation; 24 (5) more commissary spending limits and product offering; 25 (6) more e-mail time; 26 (7) unit transfer consideration; or 27 (8) other incentives to be determined by the department. 28 (iv) Such merit time allowance [may be granted when an inmate success-29fully participates in the] credits shall be earned, accrued and shall 30 not be taken away for every month of participation in any productive 31 activity pursuant to the merit program activities and programming part- 32 nerships, which shall include, but not be limited to, the following: 33 (A) the work and treatment program assigned pursuant to section eight 34 hundred five of this article [and when such inmate obtains]; 35 (B) work towards obtaining a general equivalency diploma[,]; 36 (C) work towards obtaining an alcohol and substance abuse treatment 37 certificate[,]; 38 (D) participation in faith-based correspondence courses, programs or 39 services, and inmate work assignments; 40 (E) work towards obtaining a vocational trade certificate following 41 [at least six months of] vocational programming [or performs at least42four hundred hours of service as part of a community work crew]; 43 (F) participation through an institution of higher education by either 44 working towards completion of an associate's or bachelor's degree from a 45 college or participation in a college offered program; 46 (G) performance of at least four hundred hours of service as part of a 47 community work crew; 48 (H) participation as an inmate program associate; 49 (I) work towards receiving a certification from the department of 50 labor for participation in an apprenticeship program; 51 (J) work as an inmate hospice aid; 52 (K) work in the division of correctional industries' optical program 53 toward receiving a certification as an optician from the American board 54 of opticianry; 55 (L) work towards receiving an asbestos handling certificate from the 56 department of labor upon completion of the training program and thenA. 7442 5 1 work in the division of correctional industries' asbestos abatement 2 program as a hazardous materials removal worker or group leader; 3 (M) work towards completing the course curriculum and passing the 4 minimum competency screening process performance examination for sign 5 language interpreter, and if a passing score has been obtained, then 6 work as a sign language interpreter for deaf inmates; 7 (N) work in the puppies behind bars program; 8 (O) participation in a vocational culinary arts program and work 9 toward earning a serve safe certificate that is recognized by the 10 national restaurant association; 11 (P) completion of four hundred ninety hours of training in a motor 12 vehicle call center, and work at a call center for an additional twen- 13 ty-one months; 14 (Q) work towards receiving a certificate from the food production 15 center in an assigned position; or 16 (R) participation in any program that promotes rehabilitation and 17 personal growth and healthy living lifestyles, provides job training, 18 education and re-entry skills and reduces recidivism. 19 [Such allowance shall be withheld] Participants may be removed from 20 the merit program activities and programming partnerships for any seri- 21 ous disciplinary infraction or upon a judicial determination that the 22 person, while an inmate, commenced or continued a civil action, proceed- 23 ing or claim that was found to be frivolous as defined in subdivision 24 (c) of section eight thousand three hundred three-a of the civil prac- 25 tice law and rules, or an order of a federal court pursuant to rule 11 26 of the federal rules of civil procedure imposing sanctions in an action 27 commenced by a person, while an inmate, against a state agency, officer 28 or employee. 29 [(v) The provisions of this paragraph shall apply to persons in custo-30dy serving an indeterminate sentence on the effective date of this para-31graph as well as to persons sentenced to an indeterminate sentence on32and after the effective date of this paragraph and prior to September33first, two thousand five and to persons sentenced to a determinate34sentence prior to September first, two thousand eleven for a felony as35defined in article two hundred twenty or two hundred twenty-one of the36penal law.] 37 2. [If a person is serving more than one sentence, the authorized38allowances may be granted separately against the term or maximum term of39each sentence or, where consecutive sentences are involved, against the40aggregate maximum term. Such allowances shall be calculated as follows:41(a) A person serving two or more indeterminate sentences which run42concurrently may receive time allowance not to exceed one-third of the43indeterminate sentence which has the longest unexpired time to run.44(b) A person serving two or more indeterminate sentences which run45consecutively may receive time allowance not to exceed one-third of the46aggregate maximum term.47(c) A person serving two or more determinate sentences which run48concurrently may receive time allowance not to exceed one-seventh of the49determinate sentence which has the longest unexpired time to run.50(d) A person serving two or more determinate sentences which run51consecutively may receive time allowance not to exceed one-seventh of52the aggregate maximum term.53(e) A person serving one or more indeterminate sentence and one or54more determinate sentence which run concurrently may receive time allow-55ance not to exceed one-third of the indeterminate sentence which has the56longest unexpired term to run or one-seventh of the determinate sentenceA. 7442 6 1which has the longest unexpired time to run, whichever allowance is2greater.3(f) A person serving one or more indeterminate sentence and one or4more determinate sentence which run consecutively may receive time5allowance not to exceed the sum of one-third of the maximum or aggregate6maximum of the indeterminate sentence or sentences and one-seventh of7the term or aggregate maximum of the determinate sentence or sentences.82-a. If a person is serving more than one sentence, the authorized9merit time allowances may be granted against the period or aggregate10minimum period of the indeterminate sentence or sentences, or against11the term or aggregate term of the determinate sentence or sentences, or12where consecutive determinate and indeterminate sentences are involved,13against the aggregate minimum period as calculated pursuant to subpara-14graph (iv) of paragraph (a) of subdivision one of section 70.40 of the15penal law. Such allowances shall be calculated as follows:16(a) A person serving two or more indeterminate sentences which run17concurrently may receive a merit time allowance not to exceed one-sixth18of the minimum period of the indeterminate sentence imposed for an19offense other than an A-I felony offense defined in article two hundred20twenty of the penal law, or one-third of the minimum period of the inde-21terminate sentence imposed for an A-I felony offense defined in article22two hundred twenty of the penal law, whichever allowance results in the23longest unexpired time to run.24(b) A person serving two or more indeterminate sentences which run25consecutively may receive a merit time allowance not to exceed the26amount of one-third of the minimum or aggregate minimum period of the27sentences imposed for an A-I felony offense defined in article two28hundred twenty of the penal law, plus one-sixth of the minimum or aggre-29gate minimum period of the sentences imposed for an offense other than30such A-I felony offense.31(c) A person serving two or more determinate sentences for an offense32defined in article two hundred twenty or two hundred twenty-one of the33penal law which run concurrently may receive a merit time allowance not34to exceed one-seventh of the term of the determinate sentence which has35the longest unexpired time to run.36(d) A person serving two or more determinate sentences for an offense37defined in article two hundred twenty or two hundred twenty-one of the38penal law which run consecutively may receive a merit time allowance not39to exceed one-seventh of the aggregate term of such determinate40sentences.41(e) A person serving one or more indeterminate sentences and one or42more determinate sentences for an offense defined in article two hundred43twenty or two hundred twenty-one of the penal law which run concurrently44may receive a merit time allowance not to exceed one-sixth of the mini-45mum period of the indeterminate sentence imposed for an offense other46than an A-I felony offense defined in article two hundred twenty of the47penal law, one-third of the minimum period of the indeterminate sentence48imposed for an A-I felony offense defined in article two hundred twenty49of the penal law, or one-seventh of the term of the determinate50sentence, whichever allowance results in the largest unexpired time to51run.52(f) A person serving one or more indeterminate sentences and one or53more determinate sentences which run consecutively may receive a merit54time allowance not to exceed the sum of one-sixth of the minimum or55aggregate minimum period of the indeterminate sentence or sentences56imposed for an offense other than an A-I felony offense defined in arti-A. 7442 7 1cle two hundred twenty of the penal law, one-third of the minimum or2aggregate minimum period of the indeterminate sentence or sentences3imposed for an A-I felony offense defined in article two hundred twenty4of the penal law and one-seventh of the term or aggregate term of the5determinate sentence or sentences.6(g) The provisions of this subdivision shall apply to persons in7custody serving an indeterminate sentence on the effective date of this8subdivision as well as to persons sentenced to an indeterminate sentence9on and after the effective date of this subdivision and prior to Septem-10ber first, two thousand five and to persons sentenced to a determinate11sentence prior to September first, two thousand eleven for a felony as12defined in article two hundred twenty or two hundred twenty-one of the13penal law.142-b. Notwithstanding the foregoing, if a person is serving more than15one indeterminate sentence, at least one of which is imposed for a class16A-I felony offense defined in article two hundred twenty of the penal17law, the authorized merit time allowance granted pursuant to paragraph18(d) of subdivision one of this section shall be calculated as follows:19(a) In the event a person is serving two or more indeterminate20sentences with different minimum periods which run concurrently, the21merit time allowance shall be based upon the sentence with the longest22unexpired minimum period. If the sentence with the longest unexpired23minimum period was imposed for a class A-I felony, the merit time credit24shall be one-third of such sentence's minimum period; if such sentence25was imposed for an offense other than a class A-I felony, such merit26time credit shall be one-sixth of such sentence's minimum period.27Provided, however, that where the minimum period of any other concurrent28indeterminate sentence is greater than such reduced minimum period, the29minimum period of such other concurrent indeterminate sentence shall30also be reduced but only to the extent that the minimum period of such31other concurrent sentence, as so reduced, is equal to the reduced mini-32mum period of such sentence with the longest unexpired minimum period to33run.34(b) A person serving two or more indeterminate sentences with the same35minimum periods which run concurrently, and no concurrent indeterminate36sentence with any greater minimum period, shall have the minimum period37of each such sentence reduced in the amount of one-third of such minimum38period if all such sentences were imposed for a class A-I felony.39(c) A person serving two or more indeterminate sentences that run40consecutively shall have the aggregate minimum period of such sentences41reduced in the amount of one-third of such aggregate minimum period of42the sentences imposed for a class A-I felony, plus one-sixth of such43aggregate minimum period of the sentences imposed for an offense other44than a class A-I felony.453.] The commissioner of corrections and community supervision shall 46 promulgate rules and regulations for the [granting, withholding, forfei-47ture, cancellation and restoration of allowances] calculation of allow- 48 ance credits earned by each participant as authorized by this section in 49 accordance with the criteria herein specified. Such rules and regu- 50 lations shall include provisions designating [the] a person or committee 51 in each correctional institution [delegated] to [make discretionary52determinations with respect to the allowances] log and record the allow- 53 ance credits, determine the books and records to be kept, and a proce- 54 dure for review of the institutional determinations by the commissioner. 55 Merit programs and the ability to accrue allowance credits shall be made 56 available to every inmate in all correctional institutions.A. 7442 8 1 [4. No person shall have the right to demand or require the allowances2authorized by this section. The decision of the commissioner of3corrections and community supervision as to the granting, withholding,4forfeiture, cancellation or restoration of such allowances shall be5final and shall not be reviewable if made in accordance with law.65.] 3. Time [allowances granted] credits accrued prior to any release 7 to community supervision shall not be forfeited and shall [not] be 8 restored if the released person is returned to an institution under the 9 jurisdiction of the state department of corrections and community super- 10 vision for violation of community supervision or by reason of a 11 conviction for a crime committed while on community supervision. A 12 person who is so returned [may] shall, however, subsequently [receive] 13 continue to earn time [allowances] allowance credits against the remain- 14 ing portion of his or her [term,] maximum [term] or aggregate maximum 15 term [pursuant to this section and provided such remaining portion of16his or her term, maximum term, or aggregate maximum term is more than17one year] or period. 18 [6.] 4. Upon commencement of an indeterminate or a determinate 19 sentence the provisions of this section shall be furnished to the person 20 serving the sentence and the meaning of same shall be fully explained to 21 him by a person designated by the commissioner to perform such duty. 22 5. The provisions of this section shall be deemed in effect and 23 applied retroactively to each eligible inmate, beginning at the time he 24 or she began serving his or her sentence. 25 § 4. Section 803 of the correction law, as amended by chapter 126 of 26 the laws of 1987, paragraph (a) of subdivision 1 as designted and para- 27 graph (d) of subdivision 1 and subdivisions 1-a and 2-a as added by 28 chapter 738 of the laws of 2004, and subdivisions 3, 4 and 5 as amended 29 by section 38 of subpart B of part C of chapter 62 of the laws of 2011, 30 is amended to read as follows: 31 § 803. Good behavior allowances against indeterminate sentences. 1. 32 (a) Every person confined in an institution of the department or a 33 facility in the department of mental hygiene [serving an indeterminate34sentence of imprisonment], except a person serving a determinate 35 sentence with a [maximum] term of life imprisonment, [may] shall receive 36 one-third time [allowance] credit upon an inmate's entry into the 37 department's custody, against the minimum and the maximum term or period 38 of his or her sentence [not to exceed in the aggregate one-third of the39term or period] imposed by the court so as to encourage good behavior. 40 Such [allowances may be granted] credit shall be kept for good behavior 41 and efficient and willing performance of duties assigned or progress and 42 achievement in an assigned treatment program, and may be [withheld,] 43 forfeited [or canceled] in whole or in part for bad behavior, violation 44 of institutional rules or failure to perform properly in the duties or 45 program assigned. Within thirty days of beginning his or her incarcera- 46 tion, each inmate shall receive the calculation of his or her good time 47 credit to include the calculated release date. If at any point through- 48 out his or her incarceration there is a recommendation to change an 49 inmate's good behavior credit and proposed release date due to alleged 50 bad behavior, the inmate shall be notified of such recommended changes 51 within thirty days of the date of such recommendation. 52 (b) A person serving an indeterminate sentence of imprisonment shall 53 receive one-third time credit upon entry into the department's custody 54 against the minimum term and the maximum term of his or her sentence 55 imposed by the court.A. 7442 9 1 (c) A person serving a determinate sentence of imprisonment shall 2 receive one-third time credit upon entry into the department's custody 3 against the term or maximum term of his or her sentence imposed by the 4 court. 5 (d) (i) The department shall enter into partnerships with, but not 6 limited to: 7 (A) nonprofit and other private organizations, including faith-based, 8 art, and community-based organizations that will deliver merit program 9 activities and programming on a paid or volunteer basis; 10 (B) institutions of higher education that will deliver instruction on 11 a paid or volunteer basis; 12 (C) private entities that will: 13 (1) deliver vocational training and certifications; 14 (2) provide equipment to facilitate vocational training or employment 15 opportunities for prisoners; 16 (3) employ prisoners; or 17 (4) assist prisoners who are in pre-release custody or supervised 18 release in finding employment; and 19 (D) industry-sponsored organizations that will deliver workforce 20 development and training, on a paid or volunteer basis. Except as 21 provided in subparagraph (ii) of this paragraph, every person under the 22 custody of the department or confined in a facility in the department of 23 mental hygiene [serving an indeterminate sentence of imprisonment with a24minimum period of one year or more or a determinate sentence of impri-25sonment of one year or more imposed pursuant to section 70.70 or 70.7126of the penal law, may] shall earn [a] merit time allowance credits. 27 Inmates shall be given a merit plan within two months of the beginning 28 of their incarceration. Merit program activities and programming part- 29 nerships shall be offered at every facility within the department, which 30 shall provide funding for such activities and programming. 31 (ii) Such merit time allowance credits shall not be available to any 32 person serving [an indeterminate] a sentence [authorized] for an A-I 33 felony offense[, other than an A-I felony offense defined in article two34hundred twenty of the penal law, or any sentence imposed for a violent35felony offense as defined in section 70.02 of the penal law, manslaught-36er in the second degree, vehicular manslaughter in the second degree,37vehicular manslaughter in the first degree, criminally negligent homi-38cide, an offense defined in article one hundred thirty of the penal law,39incest, or an offense defined in article two hundred sixty-three] pursu- 40 ant to sections 125.25, 125.26 and 125.27 of the penal law[, or aggra-41vated harassment of an employee by an inmate]. 42 (iii) [The merit time allowance] (A) After application of time credit 43 [against the minimum period of the indeterminate sentence shall be one-44sixth of the minimum period imposed by the court except that such credit45shall be one-third of the minimum period imposed by the court for an A-I46felony offense defined in article two hundred twenty of the penal law.47In the case of such a determinate sentence, in addition to the time48allowance credit authorized by paragraph (c) of this subdivision, the49merit time allowance credited against the term of the determinate50sentence pursuant to this paragraph shall be one-seventh of the term51imposed by the court] for good behavior pursuant to paragraphs (a), (b) 52 and (c) of this subdivision, an inmate shall receive an additional month 53 of credit off of his or her sentence for every month of participation in 54 the activities described pursuant to subparagraph (iv) of this paragraph 55 as follows:A. 7442 10 1 (1) if the sentence is determinate, the authorized allowance credits 2 shall be one month off the remainder of the sentence for every month of 3 participation, after application of credit earned for good behavior as 4 set forth pursuant to paragraph (a) of this subdivision; 5 (2) if the sentence is indeterminate, the authorized allowance credits 6 shall be one month off both the minimum and maximum terms of the 7 sentence for every month of participation, after application of credit 8 earned for good behavior as set forth pursuant to paragraph (a) of this 9 subdivision; 10 (3) if an individual is serving two or more indeterminate sentences 11 which run concurrently, the authorized allowance credits shall be one 12 month off both the aggregate maximum and aggregate minimum terms of the 13 sentences for every month of participation, after the application of 14 credit earned for good behavior as set forth pursuant to paragraph (a) 15 of this subdivision; 16 (4) if an individual is serving two or more indeterminate sentences 17 which run consecutively, the authorized allowance credits shall be one 18 month off the maximum or aggregate maximum and minimum or aggregate 19 minimum terms of the sentences for every month of participation, after 20 the application of credit earned for good behavior as set forth pursuant 21 to paragraph (a) of this subdivision; 22 (5) if an individual is serving two or more determinate sentences 23 which run concurrently, the authorized allowance credits shall be one 24 month off the aggregate maximum sentence for every month of partic- 25 ipation after the application of credit earned for good behavior as set 26 forth pursuant to paragraph (a) of this subdivision; 27 (6) if an individual is serving two or more determinate sentences 28 which run consecutively, the authorized allowance credits shall be one 29 month off the aggregate maximum sentence for every month of partic- 30 ipation, after the application of credit earned for good behavior as set 31 forth pursuant to paragraph (a) of this subdivision; 32 (7) if an individual is serving one or more indeterminate sentences 33 and one or more determinate sentences which run concurrently, the 34 authorized allowance credits shall be one month off the aggregate mini- 35 mum and aggregate maximum sentences for every month of participation, 36 after the application of credit earned for good behavior as set forth 37 pursuant to paragraph (a) of this subdivision; and 38 (8) if an individual is serving one or more indeterminate sentences 39 and one or more determinate sentences which run consecutively, the 40 authorized allowance credits shall be one month off the aggregate mini- 41 mum and aggregate maximum sentences for every month of participation, 42 after application of credit earned for good behavior as set forth pursu- 43 ant to paragraph (a) of this subdivision. 44 (B) By participating in the activities set forth pursuant to subpara- 45 graph (iv) of this paragraph, inmates shall also earn: 46 (1) expanded phone privileges and benefits; 47 (2) the ability to participate in video conferencing where available; 48 (3) additional visiting privileges as determined by the warden; 49 (4) consideration for placement upon the inmate's request closer to 50 the inmate's release address, subject to bed availability, security, and 51 the warden's recommendation; 52 (5) more commissary spending limits and product offering; 53 (6) more e-mail time; 54 (7) unit transfer consideration; or 55 (8) other incentives to be determined by the department.A. 7442 11 1 (iv) Such merit time allowance [may be granted when an inmate success-2fully participates in] credits shall be earned, accrued and shall not be 3 taken away for every month of participation in any productive activity 4 pursuant to the merit program activities and programming partnerships, 5 which shall include, but not be limited to, the following: 6 (A) the work and treatment program assigned pursuant to section eight 7 hundred five of this article [and when such inmate obtains]; 8 (B) work towards obtaining a general equivalency diploma[,]; 9 (C) work towards obtaining an alcohol and substance abuse treatment 10 certificate[,]; 11 (D) participation in faith-based correspondence courses, programs or 12 services, and inmate work assignments; 13 (E) work towards obtaining a vocational trade certificate [following14at least six months of vocational programming or performs at least four15hundred hours of service as part of a community work crew]; 16 (F) participation through an institution of higher education by either 17 working towards completion of an associate's or bachelor's degree from a 18 college or participation in a college offered program; 19 (G) performance of at least four hundred hours of service as part of a 20 community work crew; 21 (H) participation as an inmate program associate; 22 (I) work towards receiving a certification from the department of 23 labor for participation in an apprenticeship program; 24 (J) work as an inmate hospice aid; 25 (K) work in the division of correctional industries' optical program 26 toward receiving a certification as an optician from the American board 27 of opticianry; 28 (L) work towards receiving an asbestos handling certificate from the 29 department of labor upon completion of the training program and then 30 work in the division of correctional industries' asbestos abatement 31 program as a hazardous materials removal worker or group leader; 32 (M) work towards completing the course curriculum and passing the 33 minimum competency screening process performance examination for sign 34 language interpreter, and if a passing score has been obtained, then 35 work as a sign language interpreter for deaf inmates; 36 (N) work in the puppies behind bars program; 37 (O) participation in a vocational culinary arts program and work 38 toward earning a serve safe certificate that is recognized by the 39 national restaurant association; 40 (P) completion of four hundred ninety hours of training in a motor 41 vehicle call center, and work at a call center for an additional twen- 42 ty-one months; 43 (Q) work towards receiving a certificate from the food production 44 center in an assigned position; or 45 (R) participation in any program that promotes rehabilitation and 46 personal growth and healthy living lifestyles, provides job training, 47 education and re-entry skills and reduces recidivism. 48 [Such allowance shall be withheld] Participants may be removed from 49 the merit program activities and programming partnerships for any seri- 50 ous disciplinary infraction or upon a judicial determination that the 51 person, while an inmate, commenced or continued a civil action, proceed- 52 ing or claim that was found to be frivolous as defined in subdivision 53 (c) of section eight thousand three hundred three-a of the civil prac- 54 tice law and rules, or an order of a federal court pursuant to rule 11 55 of the federal rules of civil procedure imposing sanctions in an actionA. 7442 12 1 commenced by a person, while an inmate, against a state agency, officer 2 or employee. 3 [(v) The provisions of this paragraph shall apply to persons in custo-4dy serving an indeterminate sentence on the effective date of this para-5graph as well as to persons sentenced to an indeterminate sentence on6and after the effective date of this paragraph and prior to September7first, two thousand five and to persons sentenced to a determinate8sentence prior to September first, two thousand eleven for a felony as9defined in article two hundred twenty or two hundred twenty-one of the10penal law.111-a. A person serving a determinate sentence imposed pursuant to12section 70.70 or 70.71 of the penal law may receive a time allowance13against the term of his or her sentence not to exceed one-seventh of the14term imposed by the court.] 15 2. [If a person is serving more than one sentence, the authorized16allowances may be granted separately against the maximum term of each17sentence or, where consecutive sentences are involved, against the18aggregate maximum term. In no case, however, shall the total of all19allowances granted to any such person under this section exceed one-20third of the time he would be required to serve, computed without regard21to this section.222-a. If a person is serving more than one sentence, the authorized23merit time allowances may be granted against the period or aggregate24minimum period of the indeterminate sentence or sentences, or against25the term or aggregate term of the determinate sentence or sentences, or26where consecutive determinate and indeterminate sentences are involved,27against the aggregate minimum period as calculated pursuant to subpara-28graph (iv) of paragraph (a) of subdivision one of section 70.40 of the29penal law. Such allowances shall be calculated as follows:30(a) A person serving two or more indeterminate sentences which run31concurrently may receive a merit time allowance not to exceed one-sixth32of the minimum period of the indeterminate sentence imposed for an33offense other than an A-I felony offense defined in article two hundred34twenty of the penal law, or one-third of the minimum period of the inde-35terminate sentence imposed for an A-I felony offense defined in article36two hundred twenty of the penal law, whichever allowance results in the37longest unexpired time to run.38(b) A person serving two or more indeterminate sentences which run39consecutively may receive a merit time allowance not to exceed the40amount of one-third of the minimum or aggregate minimum period of the41sentences imposed for an A-I felony offense defined in article two42hundred twenty of the penal law, plus one-sixth of the minimum or aggre-43gate minimum period of the sentences imposed for an offense other than44such A-I felony offense.45(c) A person serving two or more determinate sentences for an offense46defined in article two hundred twenty or two hundred twenty-one of the47penal law which run concurrently may receive a merit time allowance not48to exceed one-seventh of the term of the determinate sentence which has49the longest unexpired time to run.50(d) A person serving two or more determinate sentences for an offense51defined in article two hundred twenty or two hundred twenty-one of the52penal law which run consecutively may receive a merit time allowance not53to exceed one-seventh of the aggregate term of such determinate54sentences.55(e) A person serving one or more indeterminate sentences and one or56more determinate sentences for an offense defined in article two hundredA. 7442 13 1twenty or two hundred twenty-one of the penal law which run concurrently2may receive a merit time allowance not to exceed one-sixth of the mini-3mum period of the indeterminate sentence imposed for an offense other4than an A-I felony offense defined in article two hundred twenty of the5penal law, one-third of the minimum period of the indeterminate sentence6imposed for an A-I felony offense defined in article two hundred twenty7of the penal law, or one-seventh of the term of the determinate8sentence, whichever allowance results in the largest unexpired time to9run.10(f) A person serving one or more indeterminate sentences and one or11more determinate sentences which run consecutively may receive a merit12time allowance not to exceed the sum of one-sixth of the minimum or13aggregate minimum period of the indeterminate sentence or sentences14imposed for an offense other than an A-I felony offense defined in arti-15cle two hundred twenty of the penal law, one-third of the minimum or16aggregate minimum period of the indeterminate sentence or sentences17imposed for an A-I felony offense defined in article two hundred twenty18of the penal law and one-seventh of the term or aggregate term of the19determinate sentence or sentences.20(g) The provisions of this subdivision shall apply to persons in21custody serving an indeterminate sentence on the effective date of this22subdivision as well as to persons sentenced to an indeterminate sentence23on and after the effective date of this subdivision and prior to Septem-24ber first, two thousand five and to persons sentenced to a determinate25sentence prior to September first, two thousand eleven for a felony as26defined in article two hundred twenty or two hundred twenty-one of the27penal law.283.] The commissioner of corrections and community supervision shall 29 promulgate rules and regulations for the [granting, withholding, forfei-30ture, cancellation and restoration of allowances] calculation of allow- 31 ance credits earned by each participant as authorized by this section in 32 accordance with the criteria herein specified. Such rules and regu- 33 lations shall include provisions designating [the] a person or committee 34 in each correctional institution [delegated] to [make discretionary35determinations with respect to the allowances] log and record the allow- 36 ance credits, determine the books and records to be kept, and a proce- 37 dure for review of the institutional determinations by the commissioner. 38 Merit programs and the ability to accrue allowance credits shall be made 39 available to every inmate in all correctional institutions. 40 [4. No person shall have the right to demand or require the allowances41authorized by this section. The decision of the commissioner of42corrections and community supervision as to the granting, withholding,43forfeiture, cancellation or restoration of such allowances shall be44final and shall not be reviewable if made in accordance with law.455.] 3. Time [allowances granted] allowance credits accrued prior to 46 any release to community supervision shall not be forfeited and shall 47 [not] be restored if the released person is returned to an institution 48 under the jurisdiction of the state department of corrections and commu- 49 nity supervision for violation of community supervision or by reason of 50 a conviction for a crime committed while on community supervision. A 51 person who is so returned [may] shall, however, subsequently [receive] 52 continue to earn time [allowances] allowance credits against the remain- 53 ing portion of his maximum or aggregate maximum term or period [not to54exceed in the aggregate one-third of such portion provided such remain-55ing portion of his or her maximum or aggregate maximum term or period is56more than one year].A. 7442 14 1 [6.] 4. Upon commencement of an indeterminate sentence the provisions 2 of this section shall be furnished to the person serving the sentence 3 and the meaning of same shall be fully explained to him by a person 4 designated by the commissioner to perform such duty. 5 § 5. Section 803-a of the correction law, as added by chapter 738 of 6 the laws of 2004, is amended to read as follows: 7 § 803-a. Certain calculations. Notwithstanding the provisions of any 8 other law, no merit time allowance credits accrued, earned or credited 9 to any person, pursuant to any existing or former section eight hundred 10 three of this article, while in the custody of the commissioner, shall 11 be withdrawn, cancelled, forfeited or otherwise lost by virtue of the 12 sunset or expiration of any provision of law. 13 § 6. Section 803-b of the correction law is REPEALED. 14 § 7. Section 804 of the correction law, as added by chapter 680 of the 15 laws of 1967, subdivisions 1 and 2 as amended by chapter 145 of the laws 16 of 1976, and subdivision 6 as amended by section 39 of subpart B of part 17 C of chapter 62 of the laws of 2011, is amended to read as follows: 18 § 804. Good behavior [allowances] credits against definite sentences. 19 1. Every person confined in an institution serving a definite sentence 20 of imprisonment [may] shall receive one-third time [allowances as21discretionary reductions of the term of his sentence not to exceed in22the aggregate one-third of the term imposed by the court] credit against 23 the term of his or her sentence imposed by the court upon an inmate's 24 entry into the department's custody so as to encourage good behavior. 25 Such [allowances may] credit shall be [granted] kept for good behavior 26 and efficient and willing performance of duties assigned or progress and 27 achievement in an assigned treatment program, and may be [withheld,] 28 forfeited [or cancelled] in whole or in part for bad behavior, violation 29 of institutional rules or failure to perform properly in the duties or 30 program assigned. 31 2. If a person is serving more than one sentence, the authorized 32 [allowances may] credits shall be [granted] given separately against the 33 term of each sentence or, where consecutive sentences are involved, 34 against the aggregate term. [Allowances] Credits based upon sentences of 35 less than one month may be [granted] accrued, and in such case the maxi- 36 mum allowance shall be one day for every three days of the sentence. [In37no case, however, shall the total of all allowances granted to any such38person exceed one-third of the time he would be required to serve,39computed without regard to this section.] 40 3. [No person shall have the right to demand or require the allowances41authorized by this section. The decision of the sheriff, superintendent,42warden or other person in charge of the institution, or where such43institution is under the jurisdiction of a county or city department the44decision of the head of such department, as to the granting, withhold-45ing, forfeiture, cancellation or restoration of such allowances shall be46final and shall not be reviewable if made in accordance with law.474.] A person who has earned a reduction of sentence pursuant to this 48 section and who has been conditionally released under subdivision two of 49 section 70.40 of the penal law shall not forfeit such reduction by 50 reason of conduct causing his return to the institution. [Provided,51nevertheless, that such reduction may be forfeited by reason of subse-52quent conduct while serving the remainder of his term.535.] 4. The state commission of correction shall promulgate record 54 keeping rules and regulations for the [granting, withholding, forfei-55ture, cancellation and restoration of allowances] calculation of credits 56 kept as authorized by this section for each participant.A. 7442 15 1 [6.] 5. Notwithstanding anything to the contrary in this section, in 2 any case where a person is serving a definite sentence in an institution 3 under the jurisdiction of the state department of corrections and commu- 4 nity supervision, subdivisions three and four of section eight hundred 5 three of this chapter shall apply. 6 [7.] 6. Upon commencement of any definite sentence the provisions of 7 this section shall be furnished to the person serving the sentence and 8 the meaning of same shall be fully explained to him by an officer desig- 9 nated in the regulation to perform such duty. 10 § 8. Section 804-a of the correction law, as added by chapter 220 of 11 the laws of 1987, is amended to read as follows: 12 § 804-a. Good behavior allowances for certain civil commitments. 1. 13 Every person confined in an institution serving a civil commitment for a 14 fixed period of time, whose release is not conditional upon any act 15 within his power to perform, [may] shall receive one-third time [allow-16ances as discretionary reductions of] credit against the term of his 17 [commitment not to exceed, in the aggregate, one-third of the term] or 18 her sentence imposed by the court upon an inmate's entry into the 19 department's custody so as to encourage good behavior. Such [allowances20may] credits shall be [granted] given for good behavior and efficient 21 and willing performance of duties assigned or progress and achievement 22 in an assigned treatment program, and may be [withheld,] forfeited [or23cancelled] in whole or in part for bad behavior, violation of institu- 24 tional rules or failure to perform properly in the duties or program 25 assigned. 26 2. [Allowances based upon commitments of less than one month may be27granted, and in such case the maximum allowances shall be one day for28every three days of the commitment. In no case, however, shall the total29of all allowances granted to any such person exceed one-third of the30time he would be required to serve, computed without regard to this31section.323. No person shall have the right to demand or require the allowances33authorized by this section. The decision of the sheriff, superintendent,34warden or other person in charge of the institution, or where such35institution is under the jurisdiction of a county or city department the36decision of the head of such department, as to the granting, withhold-37ing, forfeiture, cancellation, or restoration of such allowances shall38be final and shall not be reviewable if made in accordance with law.394.] The state commission of correction shall promulgate record keeping 40 rules and regulations for the [granting, withholding, forfeiture,41cancellation and restoration] calculation of [allowances] credits 42 authorized by this section for each participant. 43 [5.] 3. Upon commencement of any civil commitment as described in 44 subdivision one of this section, the provisions of this section shall be 45 furnished to the person serving the commitment and the meaning of same 46 shall be fully explained to him by an officer designated in the regu- 47 lation to perform such duty. 48 § 9. The correction law is amended by adding a new section 804-b to 49 read as follows: 50 § 804-b. Merit time pre-allowance credits against pre-sentencing time 51 served. Every person confined in an institution waiting for a court 52 appearance, trial or sentencing shall be assigned a work and treatment 53 program as soon as practicable. Detainees shall receive an additional 54 day of credit off their potential sentence for every day of partic- 55 ipation in programs that promote rehabilitation and personal growth andA. 7442 16 1 healthy living lifestyles, provides job training, education and re-entry 2 skills, and reduces recidivism. 3 § 10. Section 805 of the correction law, as amended by section 4 of 4 part E of chapter 62 of the laws of 2003, is amended to read as follows: 5 § 805. Earned eligibility program. Persons committed to the custody of 6 the department under an indeterminate or determinate sentence of impri- 7 sonment shall be assigned a work and treatment program as soon as prac- 8 ticable. No earlier than two months prior to the inmate's eligibility to 9 be paroled pursuant to subdivision one of section 70.40 of the penal 10 law, the commissioner shall review the inmate's institutional record to 11 determine whether he has complied with the assigned program. If the 12 commissioner determines that the inmate has successfully participated in 13 the program he may issue the inmate a certificate of earned eligibility 14 within thirty days. Notwithstanding any other provision of law, an 15 inmate who is serving a sentence with a minimum term of not more than 16 eight years and who has been issued a certificate of earned eligibility, 17 shall be granted parole release at the expiration of his minimum term or 18 as authorized by subdivision four of section eight hundred sixty-seven 19 of this chapter unless the board of parole determines that there is a 20 reasonable probability that, if such inmate is released, he will not 21 live and remain at liberty without violating the law and that his 22 release is not compatible with the welfare of society. [Any action by23the commissioner pursuant to this section shall be deemed a judicial24function and shall not be reviewable if done in accordance with law.] 25 § 11. Section 805 of the correction law, as amended by chapter 262 of 26 the laws of 1987, is amended to read as follows: 27 § 805. Earned eligibility program. Persons committed to the custody of 28 the department under an indeterminate sentence of imprisonment shall be 29 assigned a work and treatment program as soon as practicable. No earlier 30 than two months prior to the expiration of an inmate's minimum period of 31 imprisonment, the commissioner shall review the inmate's institutional 32 record to determine whether he has complied with the assigned program. 33 If the commissioner determines that the inmate has successfully partic- 34 ipated in the program he may issue the inmate a certificate of earned 35 eligibility within thirty days. Notwithstanding any other provision of 36 law, an inmate who is serving a sentence with a minimum term of not more 37 than six years and who has been issued a certificate of earned eligibil- 38 ity, shall be granted parole release at the expiration of his minimum 39 term or as authorized by subdivision four of section eight hundred 40 sixty-seven unless the board of parole determines that there is a 41 reasonable probability that, if such inmate is released, he will not 42 live and remain at liberty without violating the law and that his 43 release is not compatible with the welfare of society. [Any action by44the commissioner pursuant to this section shall be deemed a judicial45function and shall not be reviewable if done in accordance with law.] 46 § 12. Section 89-b of the correction law, as added by chapter 549 of 47 the laws of 1987, is amended to read as follows: 48 § 89-b. Good behavior time [allowances] credits against definite 49 sentences served in alternate correctional facilities. Notwithstanding 50 any other provision of law, the commissioner shall be authorized to 51 [grant, withhold, cause to be forfeited,] keep or [cancel time allow-52ances] forfeit credits as provided in and in compliance with section 53 eight hundred four of the correction law. 54 § 13. Subdivision 4 of section 70.30 of the penal law, as amended by 55 chapter 3 of the laws of 1995, is amended to read as follows:A. 7442 17 1 4. Good behavior time. Time [allowances] allowance credits earned for 2 good behavior, pursuant to the provisions of the correction law, shall 3 be computed and applied as follows: 4 (a) In the case of a person serving an indeterminate or determinate 5 sentence, [the total of such allowances shall be calculated as provided6in section eight hundred three of the correction law] upon entry into 7 the department's custody, shall receive a one-third time credit against 8 the minimum and maximum or aggregate maximum term and the [allowances] 9 credits shall be applied as provided in paragraph (b) of subdivision one 10 of section 70.40; 11 (b) In the case of a person serving a definite sentence, [the total of12such allowances] upon entry into the department's custody, shall [not13exceed] receive one-third [of] time credit against his term or aggregate 14 term [and the allowances shall be applied as a credit against such15term]. 16 § 14. Subdivision 4 of section 70.30 of the penal law, as amended by 17 chapter 1030 of the laws of 1965, paragraph (b) as amended by chapter 18 145 of the laws of 1976, is amended to read as follows: 19 4. Good behavior time. Time [allowances] allowance credits earned for 20 good behavior, pursuant to the provisions of the correction law, shall 21 be computed and applied as follows: 22 (a) In the case of a person serving an indeterminate sentence, [the23total of such allowances] upon entry into the department's custody, 24 shall [not exceed] receive a one-third [of his] time credit against the 25 minimum and maximum or aggregate maximum term and the [allowances] cred- 26 its shall be applied as provided in subdivision one (b) of section 27 70.40; 28 (b) In the case of a person serving a definite sentence, [the total of29such allowances] upon entry into the department's custody, shall [not30exceed] receive one-third [of] time credit against his term or aggregate 31 term [and the allowances shall be applied as a credit against such32term]. 33 § 15. Paragraphs (a) and (b) of subdivision 1 of section 70.40 of the 34 penal law, paragraph (a) as amended by section 127-c and paragraph (b) 35 as amended by section 127-d-1 of subpart B of part C of chapter 62 of 36 the laws of 2011, are amended to read as follows: 37 (a) Release on parole shall be in the discretion of the state board of 38 parole, and such person shall continue service of his or her sentence or 39 sentences while on parole, in accordance with and subject to the 40 provisions of the executive law and the correction law. 41 (i) A person who is serving one or more than one indeterminate 42 sentence of imprisonment may be paroled from the institution in which he 43 or she is confined at any time after the expiration of the minimum or 44 the aggregate minimum period of the sentence or sentences reduced by the 45 good behavior credits kept pursuant to paragraph (d) of subdivision one 46 of section eight hundred three of the correction law or, where applica- 47 ble, the minimum or aggregate minimum period reduced by the merit time 48 allowance granted pursuant to paragraph (d) of subdivision one of 49 section eight hundred three of the correction law. 50 (ii) A person who is serving one or more than one determinate sentence 51 of imprisonment shall be ineligible for discretionary release on parole. 52 (iii) A person who is serving one or more than one indeterminate 53 sentence of imprisonment and one or more than one determinate sentence 54 of imprisonment, which run concurrently may be paroled at any time after 55 the expiration of the minimum period of imprisonment of the indetermi- 56 nate sentence or sentences, or upon the expiration of six-sevenths ofA. 7442 18 1 the term of imprisonment of the determinate sentence or sentences, 2 whichever is later. 3 (iv) A person who is serving one or more than one indeterminate 4 sentence of imprisonment and one or more than one determinate sentence 5 of imprisonment which run consecutively may be paroled at any time after 6 the expiration of the sum of the minimum or aggregate minimum period of 7 the indeterminate sentence or sentences and six-sevenths of the term or 8 aggregate term of imprisonment of the determinate sentence or sentences. 9 (v) Notwithstanding any other subparagraph of this paragraph, a person 10 may be paroled from the institution in which he or she is confined at 11 any time on medical parole pursuant to section two hundred fifty-nine-r 12 or section two hundred fifty-nine-s of the executive law or for deporta- 13 tion pursuant to paragraph (d) of subdivision two of section two hundred 14 fifty-nine-i of the executive law or after the successful completion of 15 a shock incarceration program pursuant to article twenty-six-A of the 16 correction law. 17 (b) A person who is serving one or more than one indeterminate or 18 determinate sentence of imprisonment shall, if he or she so requests, be 19 conditionally released from the institution in which he or she is 20 confined [when the total good behavior time allowed to him or her,21pursuant to the provisions of the correction law, is equal to the22unserved portion of his or her term, maximum term or aggregate maximum23term] after application of good time credit reduced by the merit time 24 allowance earned pursuant to paragraph (d) of subdivision one of section 25 eight hundred three of the correction law; provided, however, that (i) 26 in no event shall a person serving one or more indeterminate sentence of 27 imprisonment and one or more determinate sentence of imprisonment which 28 run concurrently be conditionally released until serving at least six- 29 sevenths of the determinate term of imprisonment which has the longest 30 unexpired time to run and (ii) in no event shall a person be condi- 31 tionally released prior to the date on which such person is first eligi- 32 ble for discretionary parole release. The conditions of release, includ- 33 ing those governing post-release supervision, shall be such as may be 34 imposed by the state board of parole in accordance with the provisions 35 of the executive law. 36 Every person so released shall be under the supervision of the state 37 department of corrections and community supervision for a period equal 38 to the unserved portion of the term, maximum term, aggregate maximum 39 term, or period of post-release supervision. 40 § 16. Paragraphs (a) and (b) of subdivision 1 of section 70.40 of the 41 penal law, paragraph (a) as amended by section 127-d and paragraph (b) 42 as amended by section 127-e of subpart B of part C of chapter 62 of the 43 laws of 2011, are amended to read as follows: 44 (a) (i) A person who is serving one or more than one indeterminate 45 sentence of imprisonment may be paroled from the institution in which he 46 or she is confined at any time after the expiration of the minimum or 47 the aggregate minimum period of imprisonment of the sentence or 48 sentences reduced by the good behavior credits kept and the merit time 49 allowance credits earned pursuant to paragraphs (a) and (d) of subdivi- 50 sion one of section eight hundred three of the correction law or after 51 the successful completion of a shock incarceration program, as defined 52 in article twenty-six-A of the correction law, whichever is sooner. 53 Release on parole shall be in the discretion of the state board of 54 parole, and such person shall continue service of his or her sentence or 55 sentences while on parole, in accordance with and subject to the 56 provisions of the executive law and the correction law.A. 7442 19 1 (ii) A person who is serving one or more than one indeterminate 2 sentence of imprisonment may be paroled from the institution in which he 3 or she is confined at any time after the expiration of the minimum or 4 the aggregate minimum period of the sentence or sentences reduced by the 5 good behavior credits kept and the merit time allowance credits earned 6 pursuant to paragraphs (a) and (d) of subdivision one of section eight 7 hundred three of the correction law. 8 (b) A person who is serving one or more than one indeterminate 9 sentence of imprisonment shall, if he or she so requests, be condi- 10 tionally released from the institution in which he or she is confined 11 [when the total good behavior time allowed to him or her, pursuant to12the provisions of the correction law, is equal to the unserved portion13of his or her maximum or aggregate maximum term] after application of 14 good time credit reduced by the merit time allowance earned pursuant to 15 paragraph (d) of subdivision one of section eight hundred three of the 16 correction law. The conditions of release, including those governing 17 post-release supervision, shall be such as may be imposed by the state 18 board of parole in accordance with the provisions of the executive law. 19 Every person so released shall be under the supervision of the depart- 20 ment of corrections and community supervision for a period equal to the 21 unserved portion of the maximum, aggregate maximum term, or period of 22 post-release supervision. 23 § 17. This act shall take effect immediately, provided, however, that: 24 (a) the amendments to section 803 of the correction law made by 25 section three of this act shall be subject to the expiration and rever- 26 sion of such section pursuant to section 74 of chapter 3 of the laws of 27 1995, as amended, when upon such date the provisions of section four of 28 this act shall take effect; 29 (b) the amendments to section 805 of the correction law made by 30 section ten of this act shall be subject to the expiration and reversion 31 of such section pursuant to section 74 of chapter 3 of the laws of 1995, 32 as amended, when upon such date the provisions of section eleven of this 33 act shall take effect; 34 (c) the amendments to subdivision 4 of section 70.30 of the penal law 35 made by section thirteen of this act shall be subject to the expiration 36 and reversion of such subdivision pursuant to section 74 of chapter 3 of 37 the laws of 1995, as amended, when upon such date the provisions of 38 section fourteen of this act shall take effect; and 39 (d) the amendments to paragraphs (a) and (b) of subdivision 1 of 40 section 70.40 of the penal law made by section fifteen of this act shall 41 be subject to the expiration and reversion of such paragraphs pursuant 42 to section 74 of chapter 3 of the laws of 1995, when upon such date the 43 provisions of section sixteen shall take effect.
