Bill Text: NY S00808 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time and repeals provisions relating to the allowance of limited credit time for inmates.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00808 Detail]

Download: New_York-2019-S00808-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           808
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  MONTGOMERY  -- 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, chapter 738 of the laws of 2004
          amending the correction law and  other  laws  relating  to  controlled
          substances  and  indeterminate  sentences,  and  the executive law, in
          relation to expanding eligibility in the merit time allowance  program
          for  all  inmates except those serving a sentence of life imprisonment
          without parole, murder in the first degree, incest, an act of  terror-
          ism,  aggravated harassment of an employee by an inmate, or an attempt
          or conspiracy to commit any such offense, to earn  merit  time  allow-
          ance;  and  to  repeal section 803-b of the correction law relating to
          limited credit time allowances
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
     2  vision  1 of section 803 of the correction law, as added by section 7 of
     3  chapter 738 of the laws of 2004, are amended to read as follows:
     4    (i) Except as provided in subparagraph (ii) of this  paragraph,  every
     5  person  under the custody of the department or confined in a facility in
     6  the department of mental hygiene serving an  indeterminate  sentence  of
     7  imprisonment  with a minimum period of one year or more or a determinate
     8  sentence of imprisonment of  one  year  or  more  [imposed  pursuant  to
     9  section  70.70  or 70.71 of the penal law,] may earn a merit time allow-
    10  ance.
    11    (ii) Such merit time allowance shall not be available  to  any  person
    12  serving  [an  indeterminate]  a  sentence  [authorized for an A-I felony
    13  offense, other than an A-I felony offense defined in article two hundred
    14  twenty of the penal law, or any sentence imposed for  a  violent  felony
    15  offense  as  defined  in section 70.02 of the penal law, manslaughter in
    16  the second degree, vehicular manslaughter in the second degree,  vehicu-
    17  lar  manslaughter  in  the first degree, criminally negligent homicide,]
    18  imposed for murder in the first degree as defined in section  125.27  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02935-01-9
        S. 808                              2
     1  the  penal  law, an offense defined in article one hundred thirty of the
     2  penal law, incest, [or]  an  offense  defined  in  article  two  hundred
     3  sixty-three  of  the  penal  law, [or] an act of terrorism as defined in
     4  article  four  hundred ninety of the penal law, aggravated harassment of
     5  an employee by an inmate, or an attempt or conspiracy to commit any such
     6  offense.
     7    (iv) Such merit time allowance may be granted when an inmate  success-
     8  fully  participates  in the work and treatment program assigned pursuant
     9  to section eight hundred five of  this  article  and  when  such  inmate
    10  [obtains  a]  achieves  one of the following:   (1) completes his or her
    11  general equivalency diploma, his  or  her  educational  requirements  as
    12  determined  by  the  department  or  satisfactorily completes coursework
    13  sponsored by an institution of higher learning representing  a  semester
    14  of  academic  training;  (2)  completes  an  alcohol and substance abuse
    15  treatment [certificate, a  vocational  trade  certificate  following  at
    16  least  six  months  of  vocational  programming or performs] program, or
    17  completes a comparable program of a different type as determined by  the
    18  department,  including,  but  not  limited  to, anger management, family
    19  violence, or parenting; (3) completes a vocational training program or a
    20  comparable and equivalent training program as determined by the  depart-
    21  ment;  (4)  performs satisfactorily for at least six months in a skilled
    22  job assignment, including but not limited to, Inmate Program Aide (IPA),
    23  law library clerk, medical/infirmary aide, children's center  aide,  and
    24  food  service  worker;  or  (5) completes at least four hundred hours of
    25  service as part of a community work crew.
    26    Such allowance shall be withheld for any serious disciplinary  infrac-
    27  tion  or upon a judicial determination that the person, while an inmate,
    28  commenced or continued a civil action,  proceeding  or  claim  that  was
    29  found  to  be  frivolous  as defined in subdivision (c) of section eight
    30  thousand three hundred three-a of the civil practice law and  rules,  or
    31  an  order of a federal court pursuant to rule 11 of the federal rules of
    32  civil procedure imposing sanctions in an action commenced by  a  person,
    33  while an inmate, against a state agency, officer or employee.
    34    §  2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdivision
    35  1 of section 803 of the correction law, as  added  by  section  10-a  of
    36  chapter 738 of the laws of 2004, are amended to read as follows:
    37    (i)  Except  as provided in subparagraph (ii) of this paragraph, every
    38  person under the custody of the department or confined in a facility  in
    39  the  department  of  mental hygiene serving an indeterminate sentence of
    40  imprisonment with a minimum period of one year or more or a  determinate
    41  sentence  of  imprisonment  of  one  year  or  more [imposed pursuant to
    42  section 70.70 or 70.71 of the penal law,] may earn a merit  time  allow-
    43  ance.
    44    (ii)  Such  merit  time allowance shall not be available to any person
    45  serving [an indeterminate] a sentence  [authorized  for  an  A-I  felony
    46  offense, other than an A-I felony offense defined in article two hundred
    47  twenty  of  the  penal law, or any sentence imposed for a violent felony
    48  offense as defined in section 70.02 of the penal  law,  manslaughter  in
    49  the  second degree, vehicular manslaughter in the second degree, vehicu-
    50  lar manslaughter in the first degree,  criminally  negligent  homicide,]
    51  imposed  for  murder in the first degree as defined in section 125.27 of
    52  the penal law, an offense defined in article one hundred thirty  of  the
    53  penal  law,  incest,  [or]  an  offense  defined  in article two hundred
    54  sixty-three of the penal law, [or] an act of  terrorism  as  defined  in
    55  article  four  hundred ninety of the penal law, aggravated harassment of
        S. 808                              3
     1  an employee by an inmate, or an attempt or conspiracy to commit any such
     2  offense.
     3    (iv)  Such merit time allowance may be granted when an inmate success-
     4  fully participates in the work and treatment program  assigned  pursuant
     5  to  section  eight  hundred  five  of  this article and when such inmate
     6  [obtains a] achieves one of the following:  (1)  completes  his  or  her
     7  general  equivalency  diploma,  his  or  her educational requirements as
     8  determined by the  department  or  satisfactorily  completes  coursework
     9  sponsored  by  an institution of higher learning representing a semester
    10  of academic training; (2)  completes  an  alcohol  and  substance  abuse
    11  treatment  [certificate,  a  vocational  trade  certificate following at
    12  least six months of vocational  programming  or  performs]  program,  or
    13  completes  a comparable program of a different type as determined by the
    14  department, including, but not  limited  to,  anger  management,  family
    15  violence, or parenting; (3) completes a vocational training program or a
    16  comparable  and equivalent training program as determined by the depart-
    17  ment; (4) performs satisfactorily for at least six months in  a  skilled
    18  job assignment, including but not limited to, Inmate Program Aide (IPA),
    19  law  library  clerk, medical/infirmary aide, children's center aide, and
    20  food service worker; or (5) completes at least  four  hundred  hours  of
    21  service as part of a community work crew.
    22    Such  allowance shall be withheld for any serious disciplinary infrac-
    23  tion or upon a judicial determination that the person, while an  inmate,
    24  commenced  or  continued  a  civil  action, proceeding or claim that was
    25  found to be frivolous as defined in subdivision  (c)  of  section  eight
    26  thousand  three  hundred three-a of the civil practice law and rules, or
    27  an order of a federal court pursuant to rule 11 of the federal rules  of
    28  civil  procedure  imposing sanctions in an action commenced by a person,
    29  while an inmate, against a state agency, officer or employee.
    30    § 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
    31  of the correction law, as added by section 7 of chapter 738 of the  laws
    32  of 2004, is amended to read as follows:
    33    (v) The provisions of this paragraph shall apply to persons in custody
    34  serving  an  indeterminate  sentence on the effective date of this para-
    35  graph as well as to persons sentenced to an  indeterminate  sentence  on
    36  and  after  the  effective date of this paragraph and prior to September
    37  first, two thousand five and  to  persons  sentenced  to  a  determinate
    38  sentence [prior to September first, two thousand eleven] for a felony as
    39  defined  in  article two hundred twenty or two hundred twenty-one of the
    40  penal law.
    41    § 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
    42  of the correction law, as added by section 10-a of chapter  738  of  the
    43  laws of 2004, is amended to read as follows:
    44    (v) The provisions of this paragraph shall apply to persons in custody
    45  serving  an  indeterminate  sentence on the effective date of this para-
    46  graph as well as to persons sentenced to an  indeterminate  sentence  on
    47  and  after  the  effective date of this paragraph and prior to September
    48  first, two thousand five and  to  persons  sentenced  to  a  determinate
    49  sentence [prior to September first, two thousand eleven] for a felony as
    50  defined  in  article two hundred twenty or two hundred twenty-one of the
    51  penal law.
    52    § 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
    53  law, as added by section 9 of chapter  738  of  the  laws  of  2004,  is
    54  amended to read as follows:
    55    (g)  The  provisions  of  this  subdivision  shall apply to persons in
    56  custody serving an indeterminate sentence on the effective date of  this
        S. 808                              4
     1  subdivision as well as to persons sentenced to an indeterminate sentence
     2  on and after the effective date of this subdivision and prior to Septem-
     3  ber  first,  two thousand five and to persons sentenced to a determinate
     4  sentence [prior to September first, two thousand eleven] for a felony as
     5  defined  in  article two hundred twenty or two hundred twenty-one of the
     6  penal law.
     7    § 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
     8  law, as added by section 11 of chapter 738  of  the  laws  of  2004,  is
     9  amended to read as follows:
    10    (g)  The  provisions  of  this  subdivision  shall apply to persons in
    11  custody serving an indeterminate sentence on the effective date of  this
    12  subdivision as well as to persons sentenced to an indeterminate sentence
    13  on and after the effective date of this subdivision and prior to Septem-
    14  ber  first,  two thousand five and to persons sentenced to a determinate
    15  sentence [prior to September first, two thousand eleven] for a felony as
    16  defined in article two hundred twenty or two hundred twenty-one  of  the
    17  penal law.
    18    § 7. Section 803-b of the correction law is REPEALED.
    19    §  8.  Subdivision  (c-1)  of section 41 of chapter 738 of the laws of
    20  2004 amending the correction law and other laws relating  to  controlled
    21  substances and indeterminate sentences, is amended to read as follows:
    22    (c-1)  the provisions of sections seven, eight, nine, ten and ten-a of
    23  this act, and subdivision 2-a of section 803 of the correction  law,  as
    24  added  by  section  eleven of this act shall apply to persons in custody
    25  serving  an  indeterminate  sentence  on  the  effective  date  of  such
    26  provisions  as well as to persons sentenced to an indeterminate sentence
    27  on and after the effective date of such provisions and prior to  Septem-
    28  ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
    29  September  1, 2011] for a felony as defined in article 220 or 221 of the
    30  penal law;
    31    § 9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision  1
    32  of  section 632-a of the executive law, as amended by section 24 of part
    33  A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
    34    (C) [an offense for which a merit time allowance may not  be  received
    35  against  the  sentence  pursuant  to paragraph (d) of subdivision one of
    36  section eight hundred  three  of  the  correction  law]  an  A-I  felony
    37  offense, other than an A-I felony offense defined in article two hundred
    38  twenty  of  the  penal law, manslaughter in the second degree, vehicular
    39  manslaughter in the second degree, vehicular manslaughter in  the  first
    40  degree, criminally negligent homicide, an offense defined in article one
    41  hundred  thirty  of the penal law, incest, an offense defined in article
    42  two hundred sixty-three of the penal law, aggravated  harassment  of  an
    43  employee by an inmate;
    44    §  10.  This act shall take effect on the ninetieth day after it shall
    45  have become a law and shall apply to: (i) persons in custody serving  an
    46  indeterminate  or  determinate  sentence  or  sentences on the effective
    47  date; (ii) persons sentenced to an indeterminate or determinate sentence
    48  or sentences on or after the effective date; and (iii) persons who  have
    49  not  completed  service  of  an indeterminate or determinate sentence or
    50  sentences imposed prior to the effective date; provided,  however,  that
    51  the  amendments  to  section  803 of the correction law made by sections
    52  one, three, and five of this act shall be subject to the expiration  and
    53  reversion  of  such  section  pursuant to subdivision d of section 74 of
    54  chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
    55  provisions of sections two, four and six of this act shall take effect.