Bill Text: NY S00216 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes merit time allowance credits and certain administrative privileges credits for local correctional facilities for eligible inmates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S00216 Detail]

Download: New_York-2019-S00216-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         216--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN  ACT  to  amend  the correction law and the penal law, in relation to
          establishing merit time allowance credits and  certain  administrative
          privileges credits for local correctional facilities

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

     1    Section 1. The correction law is amended by adding a new article  24-A
     2  to read as follows:
     3                                ARTICLE 24-A
     4           MERIT TIME ALLOWANCE CREDITS AND CERTAIN ADMINISTRATIVE
     5            PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL FACILITIES
     6  Section 810. Definitions.
     7          811. Merit time allowance credit accrual and application.
     8          812. Forfeiture of merit time allowance credit.
     9          813. Certain  administrative  privileges  credits for ineligible
    10                 inmates.
    11          814. Record keeping.
    12    § 810. Definitions. As used in this article, the following terms shall
    13  have the following meanings:
    14    1. "Credit" means a reduction of twenty-four hours in  the  amount  of
    15  time  an  inmate  must  serve in a correctional facility on the inmate's
    16  sentence upon conviction; and
    17    2. "Eligible inmate" means an inmate in the custody of the sheriff  of
    18  a  local  correctional  facility  who  is  serving  one or more definite
    19  sentences of one year or less or who is detained pending trial, sentence
    20  or other disposition and who participates in the  merit  time  allowance
    21  credit  program established pursuant to this article, provided that such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01764-04-9

        S. 216--A                           2

     1  inmate is not convicted on the instant charges of an A-1 felony offense,
     2  other than an A-1 felony offense  defined  within  article  two  hundred
     3  twenty  of the penal law, a violent felony offense as defined in section
     4  70.02  of  the  penal  law, manslaughter in the second degree, vehicular
     5  manslaughter in the second degree, vehicular manslaughter in  the  first
     6  degree,  criminally  negligent  homicide, any offense defined in article
     7  one hundred thirty of the penal law,  incest,  any  offense  defined  in
     8  article  two hundred sixty-three of the penal law, or aggravated harass-
     9  ment of an employee by an inmate.
    10    § 811. Merit time allowance credit accrual and application. 1.    Upon
    11  the active participation in an educational, vocational, work, or rehabi-
    12  litative  program  that  has  been  assigned by the chief administrative
    13  officer, an eligible inmate shall accrue credits applied to his  or  her
    14  sentence  in the same manner as jail time credit pursuant to subdivision
    15  three of section 70.30 of the penal law in accordance with the following
    16  schedule:
    17    (a) one credit shall accrue for every four days in  which  the  inmate
    18  successfully  participates  in the program if the inmate's highest crime
    19  of conviction for the sentence to which  the  credit  will  apply  is  a
    20  violation offense;
    21    (b)  one  credit  shall accrue for every nine days in which the inmate
    22  successfully participates  in  the  program  if  the  highest  crime  of
    23  conviction  for  the sentence to which the credit will apply is a misde-
    24  meanor offense; and
    25    (c) one credit shall accrue for every fifteen days in which the inmate
    26  successfully participates  in  the  program  if  the  highest  crime  of
    27  conviction  for  the sentence to which the credit will apply is a felony
    28  offense.
    29    2. Accrued credits shall, in accordance with this section, be  applied
    30  against  an  eligible  inmate's  sentence  or, if pre-trial, against the
    31  sentence ultimately imposed, and shall diminish the inmate's  period  of
    32  imprisonment  according  to the schedule set forth in subdivision one of
    33  this section; provided, however, that if the inmate is  convicted  of  a
    34  crime that renders him or her ineligible to receive merit time allowance
    35  credit  under this article, any such credits accrued shall be considered
    36  administrative privileges credits  pursuant  to  section  eight  hundred
    37  thirteen of this article.
    38    3.  If an eligible inmate accrues credits pursuant to paragraph (c) of
    39  subdivision one of this section during a period of pre-trial or pre-sen-
    40  tence detention for a felony offense, and  is  later  convicted  of  and
    41  sentenced  to  a period of imprisonment in a state correctional facility
    42  for such a felony offense, the credits accrued by the  inmate  shall  be
    43  applied  by  the  department  as additional jail time credit pursuant to
    44  subdivision three of section 70.30 of the  penal  law  to  the  sentence
    45  served by the inmate for such felony offense.
    46    4.  An  inmate  who  is  not eligible to participate in the merit time
    47  allowance credit  program  established  by  this  article  may,  in  the
    48  discretion of the sheriff, nonetheless be permitted to participate in an
    49  administrative  privileges  credit  program  pursuant  to  section eight
    50  hundred thirteen of this article.
    51    5. All participation by an inmate in the merit time  allowance  credit
    52  program  and  administrative  privileges  credit  program  is voluntary.
    53  Except in administrative proceedings concerning the inmate's opportunity
    54  to participate in, or continue  to  participate  in,  such  a  voluntary
    55  program administered by a correctional facility, evidence of an inmate's
    56  failure  to  successfully participate in or complete a merit time allow-

        S. 216--A                           3

     1  ance credit program or administrative privileges credit program,  pursu-
     2  ant  to  this  article,  shall  not  be  admissible  against the inmate,
     3  provided, however, that the inmate may  present  information  concerning
     4  successful participation for the purposes of mitigation, where relevant,
     5  in  any  court  or  proceeding.  Upon  admission to a local correctional
     6  facility, each inmate shall be notified by the sheriff, in  writing,  of
     7  the  existence,  criteria and rules governing participation in the merit
     8  time allowance credit program.
     9    § 812. Forfeiture of merit time allowance credit. 1.  Any  merit  time
    10  allowance credit accrued pursuant to the program established pursuant to
    11  this  article may, after notice and an opportunity to be heard, be with-
    12  held, forfeited or cancelled in whole  or  in  part  for  bad  behavior,
    13  violation  of institutional rules or failure to participate successfully
    14  in the program. The sheriff shall notify the inmate promptly in  writing
    15  of the reasons for any such determination.
    16    2.  An  inmate  who  loses  a  merit time allowance credit pursuant to
    17  subdivision one of this section is eligible for subsequent participation
    18  in a merit time allowance credit program at the discretion of the  sher-
    19  iff.
    20    §  813.  Certain  administrative  privileges  credits  for  ineligible
    21  inmates. 1. Any inmate not eligible to receive a  merit  time  allowance
    22  credit  pursuant  to  this article may nonetheless accrue administrative
    23  privileges credits, in a manner consistent with the accrual schedule set
    24  forth in subdivision one of section eight hundred eleven of  this  arti-
    25  cle,  provided  that  such  administrative privileges credits shall only
    26  apply toward obtaining certain administrative privileges, pursuant to  a
    27  lawful program established and administered by the sheriff, at the sher-
    28  iff's  discretion. Upon admission to a local correctional facility, each
    29  inmate shall be notified by the sheriff, in writing, of  the  existence,
    30  criteria  and rules governing participation in the administrative privi-
    31  leges credit program.  Eligible inmates may also receive  such  adminis-
    32  trative privileges credits.
    33    2.  Administrative privileges credits accrued pursuant to this section
    34  shall be applied, at the request of the inmate and with consent  of  the
    35  sheriff,  toward  privileges not generally accorded to the general popu-
    36  lation of inmates at the local correctional facility.  The rules govern-
    37  ing participation in the program shall describe in detail the  types  of
    38  privileges  to which such credits may be applied and the number of cred-
    39  its required for each type.
    40    § 814. Record keeping. A contemporaneous record shall be kept  by  the
    41  sheriff  of  all  merit time allowance credits and administrative privi-
    42  leges credits an inmate accrues pursuant to this article.  In  any  case
    43  where  the  sheriff  has the duty to deliver an inmate to the custody of
    44  the department, or a sheriff or similar department in another  jurisdic-
    45  tion,  whether  under  an order of sentence and commitment or otherwise,
    46  the sheriff shall also deliver to the state correctional facility, sher-
    47  iff or similar department to which the inmate is delivered, and  to  the
    48  inmate,  a  certified  record of merit time allowance credits accrued by
    49  the inmate.
    50    § 2. Subdivision 3 of section 70.30 of the penal law,  as  amended  by
    51  chapter 3 of the laws of 1995, the opening paragraph as amended by chap-
    52  ter 1 of the laws of 1998, is amended to read as follows:
    53    3. Jail time. The term of a definite sentence, a determinate sentence,
    54  or  the  maximum  term  of an indeterminate sentence imposed on a person
    55  shall be credited with and diminished by the amount of time  the  person
    56  spent  in custody prior to the commencement of such sentence as a result

        S. 216--A                           4

     1  of the charge that culminated in the sentence. In the case of  an  inde-
     2  terminate sentence, if the minimum period of imprisonment has been fixed
     3  by the court or by the board of parole, the credit shall also be applied
     4  against  the  minimum period. The credit herein provided shall be calcu-
     5  lated from the date custody under the charge commenced to the  date  the
     6  sentence  commences  and  shall  not  include  any time that is credited
     7  against the term or maximum term of any previously imposed  sentence  or
     8  period  of post-release supervision to which the person is subject.  The
     9  credit herein provided shall also  include  any  additional  merit  time
    10  allowance  credit  accrued  in a local correctional facility pursuant to
    11  article twenty-four-A of the correction law. Where the charge or charges
    12  culminate in more than one sentence, the  credit  shall  be  applied  as
    13  follows:
    14    (a)  If  the  sentences  run concurrently, the credit shall be applied
    15  against each such sentence;
    16    (b) If the sentences run consecutively, the credit  shall  be  applied
    17  against  the  aggregate  term or aggregate maximum term of the sentences
    18  and against the aggregate minimum period of imprisonment.
    19    In any case where a person has been in custody due to  a  charge  that
    20  culminated in a dismissal or an acquittal, the amount of time that would
    21  have  been  credited  against  a  sentence for such charge, had one been
    22  imposed, shall be credited against any  sentence  that  is  based  on  a
    23  charge  for which a warrant or commitment was lodged during the pendency
    24  of such custody.
    25    § 3. Subdivision 3 of section 70.30 of the penal law,  as  amended  by
    26  chapter  648  of  the  laws of 1979, the opening paragraph as separately
    27  amended by chapter 1 of the laws of 1998, is amended to read as follows:
    28    3. Jail time. The term of a definite sentence or the maximum  term  of
    29  an indeterminate sentence imposed on a person shall be credited with and
    30  diminished  by  the  amount of time the person spent in custody prior to
    31  the commencement of such sentence as a result of the charge that  culmi-
    32  nated  in the sentence. In the case of an indeterminate sentence, if the
    33  minimum period of imprisonment has been fixed by the  court  or  by  the
    34  board  of  parole,  the credit shall also be applied against the minimum
    35  period. The credit herein provided shall be  calculated  from  the  date
    36  custody  under  the  charge commenced to the date the sentence commences
    37  and shall not include any time that is  credited  against  the  term  or
    38  maximum  term  of  any previously imposed sentence or period of post-re-
    39  lease supervision to which the person is subject.    The  credit  herein
    40  provided  shall  also include any additional merit time allowance credit
    41  accrued in a local correctional facility  pursuant  to  article  twenty-
    42  four-A  of  the correction law. Where the charge or charges culminate in
    43  more than one sentence, the credit shall be applied as follows:
    44    (a) If the sentences run concurrently, the  credit  shall  be  applied
    45  against each such sentence;
    46    (b)  If  the  sentences run consecutively, the credit shall be applied
    47  against the aggregate term or aggregate maximum term  of  the  sentences
    48  and against the aggregate minimum period of imprisonment.
    49    In  any  case  where a person has been in custody due to a charge that
    50  culminated in a dismissal or an acquittal, the amount of time that would
    51  have been credited against a sentence for  such  charge,  had  one  been
    52  imposed,  shall  be  credited  against  any  sentence that is based on a
    53  charge for which a warrant or commitment was lodged during the  pendency
    54  of such custody.
    55    § 4. This act shall take effect on the first of November next succeed-
    56  ing  the  date  on  which  it shall have become a law; provided that the

        S. 216--A                           5

     1  amendments to subdivision 3 of section 70.30 of the penal  law  made  by
     2  section two of this act shall be subject to the expiration and reversion
     3  of such subdivision pursuant to subdivision d of section 74 of chapter 3
     4  of  the  laws of 1995, as amended, when upon such date the provisions of
     5  section three of this act shall take effect.
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