Bill Text: NY A07718 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the allocation of jail time credit; provides that when a person is subject to an undischarged term of imprisonment or post-release supervision following parole release, presumptive release or conditional release from an indeterminate sentence, or conditional release or maximum expiration of a determinate sentence, and is held in pre-trial custody on a new charge or charges that culminate in an indeterminate or determinate term of imprisonment, the time spent in pre-trial custody shall be credited as jail time.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A07718 Detail]
Download: New_York-2021-A07718-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7718 2021-2022 Regular Sessions IN ASSEMBLY May 20, 2021 ___________ Introduced by M. of A. BURGOS -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Codes AN ACT to amend the penal law in relation to the allocation of jail time credit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 70.30 of the penal law, as amended 2 by chapter 3 of the laws of 1995, the opening paragraph as amended by 3 chapter 1 of the laws of 1998, is amended to read as follows: 4 3. Jail time. The term of a definite sentence, a determinate sentence, 5 or the maximum term of an indeterminate sentence imposed on a person 6 shall be credited with and diminished by the amount of time the person 7 spent in custody prior to the commencement of such sentence as a result 8 of the charge that culminated in the sentence. In the case of an inde- 9 terminate sentence, if the minimum period of imprisonment has been fixed 10 by the court or by the board of parole, the credit shall also be applied 11 against the minimum period. The credit herein provided shall be calcu- 12 lated from the date custody under the charge commenced to the date the 13 sentence commences and shall not include any time that is credited 14 against the term or maximum term of any previously imposed sentence or 15 period of post-release supervision to which the person is subject; 16 provided however that when a person is subject to an undischarged term 17 of imprisonment or post-release supervision following parole release, 18 presumptive release or conditional release from an indeterminate 19 sentence, or conditional release or maximum expiration of a determinate 20 sentence, and is held in pre-trial custody in a local correctional 21 facility on a new charge or charges that culminate in an indeterminate 22 or determinate term of imprisonment, the time spent in pre-trial custody 23 in a local correctional facility on such charge or charges, from the 24 date custody commenced to the date of commencement of the subsequently 25 imposed indeterminate or determinate sentence, shall be credited as jail EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09924-01-1A. 7718 2 1 time, and provided further, that when jail time is credited in such 2 manner the time spent in pre-trial custody shall not be credited to the 3 previously imposed sentence to which the person is subject. Where the 4 charge or charges culminate in more than one sentence, the credit shall 5 be applied as follows: 6 (a) If the sentences run concurrently, the credit shall be applied 7 against each such sentence; 8 (b) If the sentences run consecutively, the credit shall be applied 9 against the aggregate term or aggregate maximum term of the sentences 10 and against the aggregate minimum period of imprisonment. 11 In any case where a person has been in custody due to a charge that 12 culminated in a dismissal or an acquittal, the amount of time that would 13 have been credited against a sentence for such charge, had one been 14 imposed, shall be credited against any sentence that is based on a 15 charge for which a warrant or commitment was lodged during the pendency 16 of such custody. 17 § 2. Subdivision 3 of section 70.30 of the penal law, as amended by 18 chapter 648 of the laws of 1979, the opening paragraph as separately 19 amended by chapter 1 of the laws of 1998, is amended to read as follows: 20 3. Jail time. The term of a definite sentence or the maximum term of 21 an indeterminate sentence imposed on a person shall be credited with and 22 diminished by the amount of time the person spent in custody prior to 23 the commencement of such sentence as a result of the charge that culmi- 24 nated in the sentence. In the case of an indeterminate sentence, if the 25 minimum period of imprisonment has been fixed by the court or by the 26 board of parole, the credit shall also be applied against the minimum 27 period. The credit herein provided shall be calculated from the date 28 custody under the charge commenced to the date the sentence commences 29 and shall not include any time that is credited against the term or 30 maximum term of any previously imposed sentence or period of post-re- 31 lease supervision to which the person is subject; provided however that 32 when a person is subject to an undischarged term of imprisonment or 33 post-release supervision following parole release, presumptive release 34 or conditional release from an indeterminate sentence, or conditional 35 release or maximum expiration of a determinate sentence, and is held in 36 pre-trial custody in a local correctional facility on a new charge or 37 charges that culminate in an indeterminate or determinate term of impri- 38 sonment, the time spent in pre-trial custody in a local correctional 39 facility on such charge or charges, from the date custody commenced to 40 the date of commencement of the subsequently imposed indeterminate or 41 determinate sentence, shall be credited as jail time, and provided 42 further, that when jail time is credited in such manner the time spent 43 in pre-trial custody shall not be credited to the previously imposed 44 sentence to which the person is subject. Where the charge or charges 45 culminate in more than one sentence, the credit shall be applied as 46 follows: 47 (a) If the sentences run concurrently, the credit shall be applied 48 against each such sentence; 49 (b) If the sentences run consecutively, the credit shall be applied 50 against the aggregate term or aggregate maximum term of the sentences 51 and against the aggregate minimum period of imprisonment. 52 In any case where a person has been in custody due to a charge that 53 culminated in a dismissal or an acquittal, the amount of time that would 54 have been credited against a sentence for such charge, had one been 55 imposed, shall be credited against any sentence that is based on aA. 7718 3 1 charge for which a warrant or commitment was lodged during the pendency 2 of such custody. 3 § 3. This act shall take effect immediately and shall apply to any 4 person subject to an undischarged term of imprisonment or post-release 5 supervision following parole release, presumptive release or conditional 6 release from an indeterminate sentence, conditional release or maximum 7 expiration of a determinate sentence on or after the date this act takes 8 effect; provided that the amendments to subdivision 3 of section 70.30 9 of the penal law made by section one of this act shall be subject to the 10 expiration and reversion of such subdivision pursuant to subdivision d 11 of section 74 of chapter 3 of the laws of 1995, as amended, when upon 12 such date the provisions of section two of this act shall take effect.
