Bill Text: NY S00606 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes merit time allowance credits and certain administrative privileges credits for local correctional facilities for eligible inmates.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-06-08 - referred to ways and means [S00606 Detail]
Download: New_York-2021-S00606-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 606 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. BENJAMIN -- 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 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 22 inmate is not convicted on the instant charges of an A-1 felony offense, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05087-01-1S. 606 2 1 other than an A-1 felony offense defined within article two hundred 2 twenty of the penal law, a violent felony offense as defined in section 3 70.02 of the penal law, manslaughter in the second degree, vehicular 4 manslaughter in the second degree, vehicular manslaughter in the first 5 degree, criminally negligent homicide, any offense defined in article 6 one hundred thirty of the penal law, incest, any offense defined in 7 article two hundred sixty-three of the penal law, or aggravated harass- 8 ment of an employee by an inmate. 9 § 811. Merit time allowance credit accrual and application. 1. Upon 10 the active participation in an educational, vocational, work, or rehabi- 11 litative program that has been assigned by the chief administrative 12 officer, an eligible inmate shall accrue credits applied to his or her 13 sentence in the same manner as jail time credit pursuant to subdivision 14 three of section 70.30 of the penal law in accordance with the following 15 schedule: 16 (a) one credit shall accrue for every four days in which the inmate 17 successfully participates in the program if the inmate's highest crime 18 of conviction for the sentence to which the credit will apply is a 19 violation offense; 20 (b) one credit shall accrue for every nine days in which the inmate 21 successfully participates in the program if the highest crime of 22 conviction for the sentence to which the credit will apply is a misde- 23 meanor offense; and 24 (c) one credit shall accrue for every fifteen days in which the inmate 25 successfully participates in the program if the highest crime of 26 conviction for the sentence to which the credit will apply is a felony 27 offense. 28 2. Accrued credits shall, in accordance with this section, be applied 29 against an eligible inmate's sentence or, if pre-trial, against the 30 sentence ultimately imposed, and shall diminish the inmate's period of 31 imprisonment according to the schedule set forth in subdivision one of 32 this section; provided, however, that if the inmate is convicted of a 33 crime that renders him or her ineligible to receive merit time allowance 34 credit under this article, any such credits accrued shall be considered 35 administrative privileges credits pursuant to section eight hundred 36 thirteen of this article. 37 3. If an eligible inmate accrues credits pursuant to paragraph (c) of 38 subdivision one of this section during a period of pre-trial or pre-sen- 39 tence detention for a felony offense, and is later convicted of and 40 sentenced to a period of imprisonment in a state correctional facility 41 for such a felony offense, the credits accrued by the inmate shall be 42 applied by the department as additional jail time credit pursuant to 43 subdivision three of section 70.30 of the penal law to the sentence 44 served by the inmate for such felony offense. 45 4. An inmate who is not eligible to participate in the merit time 46 allowance credit program established by this article may, in the 47 discretion of the sheriff, nonetheless be permitted to participate in an 48 administrative privileges credit program pursuant to section eight 49 hundred thirteen of this article. 50 5. All participation by an inmate in the merit time allowance credit 51 program and administrative privileges credit program is voluntary. 52 Except in administrative proceedings concerning the inmate's opportunity 53 to participate in, or continue to participate in, such a voluntary 54 program administered by a correctional facility, evidence of an inmate's 55 failure to successfully participate in or complete a merit time allow- 56 ance credit program or administrative privileges credit program, pursu-S. 606 3 1 ant to this article, shall not be admissible against the inmate, 2 provided, however, that the inmate may present information concerning 3 successful participation for the purposes of mitigation, where relevant, 4 in any court or proceeding. Upon admission to a local correctional 5 facility, each inmate shall be notified by the sheriff, in writing, of 6 the existence, criteria and rules governing participation in the merit 7 time allowance credit program. 8 § 812. Forfeiture of merit time allowance credit. 1. Any merit time 9 allowance credit accrued pursuant to the program established pursuant to 10 this article may, after notice and an opportunity to be heard, be with- 11 held, forfeited or cancelled in whole or in part for bad behavior, 12 violation of institutional rules or failure to participate successfully 13 in the program. The sheriff shall notify the inmate promptly in writing 14 of the reasons for any such determination. 15 2. An inmate who loses a merit time allowance credit pursuant to 16 subdivision one of this section is eligible for subsequent participation 17 in a merit time allowance credit program at the discretion of the sher- 18 iff. 19 § 813. Certain administrative privileges credits for ineligible 20 inmates. 1. Any inmate not eligible to receive a merit time allowance 21 credit pursuant to this article may nonetheless accrue administrative 22 privileges credits, in a manner consistent with the accrual schedule set 23 forth in subdivision one of section eight hundred eleven of this arti- 24 cle, provided that such administrative privileges credits shall only 25 apply toward obtaining certain administrative privileges, pursuant to a 26 lawful program established and administered by the sheriff, at the sher- 27 iff's discretion. Upon admission to a local correctional facility, each 28 inmate shall be notified by the sheriff, in writing, of the existence, 29 criteria and rules governing participation in the administrative privi- 30 leges credit program. Eligible inmates may also receive such adminis- 31 trative privileges credits. 32 2. Administrative privileges credits accrued pursuant to this section 33 shall be applied, at the request of the inmate and with consent of the 34 sheriff, toward privileges not generally accorded to the general popu- 35 lation of inmates at the local correctional facility. The rules govern- 36 ing participation in the program shall describe in detail the types of 37 privileges to which such credits may be applied and the number of cred- 38 its required for each type. 39 § 814. Record keeping. A contemporaneous record shall be kept by the 40 sheriff of all merit time allowance credits and administrative privi- 41 leges credits an inmate accrues pursuant to this article. In any case 42 where the sheriff has the duty to deliver an inmate to the custody of 43 the department, or a sheriff or similar department in another jurisdic- 44 tion, whether under an order of sentence and commitment or otherwise, 45 the sheriff shall also deliver to the state correctional facility, sher- 46 iff or similar department to which the inmate is delivered, and to the 47 inmate, a certified record of merit time allowance credits accrued by 48 the inmate. 49 § 2. Subdivision 3 of section 70.30 of the penal law, as amended by 50 chapter 3 of the laws of 1995, the opening paragraph as amended by chap- 51 ter 1 of the laws of 1998, is amended to read as follows: 52 3. Jail time. The term of a definite sentence, a determinate sentence, 53 or the maximum term of an indeterminate sentence imposed on a person 54 shall be credited with and diminished by the amount of time the person 55 spent in custody prior to the commencement of such sentence as a result 56 of the charge that culminated in the sentence. In the case of an inde-S. 606 4 1 terminate sentence, if the minimum period of imprisonment has been fixed 2 by the court or by the board of parole, the credit shall also be applied 3 against the minimum period. The credit herein provided shall be calcu- 4 lated from the date custody under the charge commenced to the date the 5 sentence commences and shall not include any time that is credited 6 against the term or maximum term of any previously imposed sentence or 7 period of post-release supervision to which the person is subject. The 8 credit herein provided shall also include any additional merit time 9 allowance credit accrued in a local correctional facility pursuant to 10 article twenty-four-A of the correction law. Where the charge or charges 11 culminate in more than one sentence, the credit shall be applied as 12 follows: 13 (a) If the sentences run concurrently, the credit shall be applied 14 against each such sentence; 15 (b) If the sentences run consecutively, the credit shall be applied 16 against the aggregate term or aggregate maximum term of the sentences 17 and against the aggregate minimum period of imprisonment. 18 In any case where a person has been in custody due to a charge that 19 culminated in a dismissal or an acquittal, the amount of time that would 20 have been credited against a sentence for such charge, had one been 21 imposed, shall be credited against any sentence that is based on a 22 charge for which a warrant or commitment was lodged during the pendency 23 of such custody. 24 § 3. Subdivision 3 of section 70.30 of the penal law, as amended by 25 chapter 648 of the laws of 1979, the opening paragraph as separately 26 amended by chapter 1 of the laws of 1998, is amended to read as follows: 27 3. Jail time. The term of a definite sentence or the maximum term of 28 an indeterminate sentence imposed on a person shall be credited with and 29 diminished by the amount of time the person spent in custody prior to 30 the commencement of such sentence as a result of the charge that culmi- 31 nated in the sentence. In the case of an indeterminate sentence, if the 32 minimum period of imprisonment has been fixed by the court or by the 33 board of parole, the credit shall also be applied against the minimum 34 period. The credit herein provided shall be calculated from the date 35 custody under the charge commenced to the date the sentence commences 36 and shall not include any time that is credited against the term or 37 maximum term of any previously imposed sentence or period of post-re- 38 lease supervision to which the person is subject. The credit herein 39 provided shall also include any additional merit time allowance credit 40 accrued in a local correctional facility pursuant to article twenty- 41 four-A of the correction law. Where the charge or charges culminate in 42 more than one sentence, the credit shall be applied as follows: 43 (a) If the sentences run concurrently, the credit shall be applied 44 against each such sentence; 45 (b) If the sentences run consecutively, the credit shall be applied 46 against the aggregate term or aggregate maximum term of the sentences 47 and against the aggregate minimum period of imprisonment. 48 In any case where a person has been in custody due to a charge that 49 culminated in a dismissal or an acquittal, the amount of time that would 50 have been credited against a sentence for such charge, had one been 51 imposed, shall be credited against any sentence that is based on a 52 charge for which a warrant or commitment was lodged during the pendency 53 of such custody. 54 § 4. This act shall take effect on the first of November next succeed- 55 ing the date on which it shall have become a law; provided that the 56 amendments to subdivision 3 of section 70.30 of the penal law made byS. 606 5 1 section two of this act shall be subject to the expiration and reversion 2 of such subdivision pursuant to subdivision d of section 74 of chapter 3 3 of the laws of 1995, as amended, when upon such date the provisions of 4 section three of this act shall take effect.
