Bill Text: NY S00483 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases the limited credit time allowances for certain incarcerated individuals serving indeterminate or determinate sentences imposed for specified offenses up to twenty-four months.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00483 Detail]

Download: New_York-2023-S00483-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           483

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction

        AN  ACT  to  amend the correction law, in relation to the limited credit
          time allowances for certain  incarcerated individuals

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

     1    Section  1.  Paragraph  (b)  of  subdivision 1 of section 803-b of the
     2  correction law, as added by section 4 of part L of  chapter  56  of  the
     3  laws  of  2009,  clauses  (A) and (C) of subparagraph (ii) as amended by
     4  chapter 322 of the laws of 2021, is amended to read as follows:
     5    (b) "limited credit time benefit" means:
     6    (i) in the case of an eligible offender who is subject to an  indeter-
     7  minate  sentence with a maximum term of life imprisonment, such offender
     8  shall be eligible  for  release  [six]  twenty-four  months  before  the
     9  completion  of the controlling minimum period of imprisonment as defined
    10  by subdivision one of section 70.40 of the penal law; or
    11    (ii) (A) in the case of an eligible offender who is not subject to  an
    12  indeterminate  sentence  with  a maximum term of life imprisonment, such
    13  offender shall be eligible for  conditional  release  [six]  twenty-four
    14  months  earlier  than as provided by paragraph (b) of subdivision one of
    15  section 70.40 of the penal law, provided that the department  determines
    16  such  offender  has  earned  the  full amount of good time authorized by
    17  section eight hundred three of this article; the withholding of any good
    18  behavior time credit by the  department  shall  render  an  incarcerated
    19  individual ineligible for the credit defined herein;
    20    (B) in the event the limited credit time benefit defined herein causes
    21  such  conditional release date to precede the parole eligibility date as
    22  calculated pursuant to subdivision one of section  70.40  of  the  penal
    23  law,  a  limited credit time benefit shall also be applied to the parole

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00650-01-3
        S. 483                              2

     1  eligibility date, but only to the extent necessary to cause such  parole
     2  eligibility date to be the same date as the conditional release date;
     3    (C)  an  incarcerated  individual shall not be eligible for the credit
     4  defined herein if he or she is returned to the department pursuant to  a
     5  revocation of presumptive release, parole, conditional release, or post-
     6  release supervision and has not been sentenced to an additional indeter-
     7  minate or determinate term of imprisonment.
     8    (iii)  Regardless  of  the  number  of  sentences to which an eligible
     9  offender is subject, the limited credit time benefit authorized pursuant
    10  to this section shall be limited to a  single  [six-month]  twenty-four-
    11  month  credit  applied to such person's parole eligibility date pursuant
    12  to subparagraph (i) of this paragraph or to  such  person's  conditional
    13  release  date pursuant to subparagraph (ii) of this paragraph. Except as
    14  provided in clause (B) of  subparagraph  (ii)  of  this  paragraph,  the
    15  limited  credit  time  benefit authorized pursuant to this section shall
    16  not be applied to an eligible offender's  parole  eligibility  date  and
    17  conditional release date.
    18    § 2. This act shall take effect immediately.