Bill Text: NY S02776 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to failure to complete a program for time allowances due to circumstances beyond an individual's control.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-15 - PRINT NUMBER 2776A [S02776 Detail]
Download: New_York-2021-S02776-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2776--A 2021-2022 Regular Sessions IN SENATE January 25, 2021 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to failure to complete a program for time allowances due to circumstances beyond an individ- ual's control The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 803 of the 2 correction law, as amended by section 37 of subpart B of part C of chap- 3 ter 62 of the laws of 2011, is amended to read as follows: 4 (a) Every person confined in an institution of the department or a 5 facility in the department of mental hygiene serving an indeterminate or 6 determinate sentence of imprisonment, except a person serving a sentence 7 with a maximum term of life imprisonment, may receive time allowance 8 against the term or maximum term of his or her sentence imposed by the 9 court. Such allowances may be granted for good behavior and efficient 10 and willing performance of duties assigned or progress and achievement 11 in an assigned treatment program, and may be withheld, forfeited or 12 canceled in whole or in part for bad behavior, violation of institu- 13 tional rules or failure to perform properly in the duties or program 14 assigned. Such allowances shall not be withheld if a person fails to 15 complete a program because of circumstances beyond such person's 16 control. 17 § 2. Paragraph (a) of subdivision 1 of section 803 of the correction 18 law, as amended by chapter 126 of the laws of 1987 and as designated by 19 chapter 738 of the laws of 2004, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06180-03-2S. 2776--A 2 1 (a) Every person confined in an institution of the department or a 2 facility in the department of mental hygiene serving an indeterminate 3 sentence of imprisonment, except a person serving a sentence with a 4 maximum term of life imprisonment, may receive time allowance against 5 the maximum term or period of his or her sentence not to exceed in the 6 aggregate one-third of the term or period imposed by the court. Such 7 allowances may be granted for good behavior and efficient and willing 8 performance of duties assigned or progress and achievement in an 9 assigned treatment program, and may be withheld, forfeited or canceled 10 in whole or in part for bad behavior, violation of institutional rules 11 or failure to perform properly in the duties or program assigned. Such 12 allowances shall not be withheld if a person fails to complete a program 13 because of circumstances beyond such person's control. 14 § 3. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 15 803 of the correction law, as separately amended by section 1 of chapter 16 242 and section 224 of chapter 322 of the laws of 2021, is amended to 17 read as follows: 18 (iv) Such merit time allowance may be granted when an incarcerated 19 individual successfully participates in the work and treatment program 20 assigned pursuant to section eight hundred five of this article and when 21 such incarcerated individual obtains a general equivalency diploma, an 22 alcohol and substance abuse treatment certificate, a vocational trade 23 certificate following at least six months of vocational programming, at 24 least eighteen credits in a program registered by the state education 25 department from a degree-granting higher education institution or 26 performs at least four hundred hours of service as part of a community 27 work crew. 28 Such allowance shall be withheld for any serious disciplinary infrac- 29 tion or upon a judicial determination that the person, while an incar- 30 cerated individual, commenced or continued a civil action, proceeding or 31 claim that was found to be frivolous as defined in subdivision (c) of 32 section eight thousand three hundred three-a of the civil practice law 33 and rules, or an order of a federal court pursuant to rule 11 of the 34 federal rules of civil procedure imposing sanctions in an action 35 commenced by a person, while an incarcerated individual, against a state 36 agency, officer or employee. Such allowance shall not be withheld if a 37 person fails to complete a program because of circumstances beyond his 38 or her control. 39 § 4. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 40 803 of the correction law, as separately amended by section 2 of chapter 41 242 and section 224-a of chapter 322 of the laws of 2021, is amended to 42 read as follows: 43 (iv) Such merit time allowance may be granted when an incarcerated 44 individual successfully participates in the work and treatment program 45 assigned pursuant to section eight hundred five of this article and when 46 such incarcerated individual obtains a general equivalency diploma, an 47 alcohol and substance abuse treatment certificate, a vocational trade 48 certificate following at least six months of vocational programming, at 49 least eighteen credits in a program registered by the state education 50 department from a degree-granting higher education institution or 51 performs at least four hundred hours of service as part of a community 52 work crew. 53 Such allowance shall be withheld for any serious disciplinary infrac- 54 tion or upon a judicial determination that the person, while an incar- 55 cerated individual, commenced or continued a civil action, proceeding or 56 claim that was found to be frivolous as defined in subdivision (c) ofS. 2776--A 3 1 section eight thousand three hundred three-a of the civil practice law 2 and rules, or an order of a federal court pursuant to rule 11 of the 3 federal rules of civil procedure imposing sanctions in an action 4 commenced by a person, while an incarcerated individual, against a state 5 agency, officer or employee. Such allowance shall not be withheld if a 6 person fails to complete a program because of circumstances beyond his 7 or her control. 8 § 5. Subdivision 1 of section 804 of the correction law, as amended by 9 chapter 145 of the laws of 1976, is amended to read as follows: 10 1. Every person confined in an institution serving a definite sentence 11 of imprisonment may receive time allowances as discretionary reductions 12 of the term of his or her sentence not to exceed in the aggregate one- 13 third of the term imposed by the court. Such allowances may be granted 14 for good behavior and efficient and willing performance of duties 15 assigned or progress and achievement in an assigned treatment program, 16 and may be withheld, forfeited or cancelled in whole or in part for bad 17 behavior, violation of institutional rules or failure to perform proper- 18 ly in the duties or program assigned. Such allowances shall not be with- 19 held, forfeited or cancelled in whole or in part for a person's failure 20 to complete an assigned program due to circumstances beyond his or her 21 control. 22 § 6. Section 805 of the correction law, as amended by section 226 of 23 chapter 322 of the laws of 2021, is amended to read as follows: 24 § 805. Earned eligibility program. Persons committed to the custody of 25 the department under an indeterminate or determinate sentence of impri- 26 sonment shall be assigned a work and treatment program as soon as prac- 27 ticable. No earlier than two months prior to the incarcerated individ- 28 ual's eligibility to be paroled pursuant to subdivision one of section 29 70.40 of the penal law, the commissioner shall review the incarcerated 30 individual's institutional record to determine whether he or she has 31 complied with the assigned program. Credit for such assigned program 32 shall not be withheld if a person fails to complete a program because of 33 circumstances beyond such person's control. If the commissioner deter- 34 mines that the incarcerated individual has successfully participated in 35 the program he or she may issue the incarcerated individual a certif- 36 icate of earned eligibility. Notwithstanding any other provision of law, 37 an incarcerated individual who is serving a sentence with a minimum term 38 of not more than eight years and who has been issued a certificate of 39 earned eligibility, shall be granted parole release at the expiration of 40 his or her minimum term or as authorized by subdivision four of section 41 eight hundred sixty-seven of this chapter unless the board of parole 42 determines that there is a reasonable probability that, if such incar- 43 cerated individual is released, he or she will not live and remain at 44 liberty without violating the law and that his or her release is not 45 compatible with the welfare of society. Any action by the commissioner 46 pursuant to this section shall be deemed a judicial function and shall 47 not be reviewable if done in accordance with law. 48 § 7. Section 805 of the correction law, as amended by section 226-a of 49 chapter 322 of the laws of 2021, is amended to read as follows: 50 § 805. Earned eligibility program. Persons committed to the custody of 51 the department under an indeterminate sentence of imprisonment shall be 52 assigned a work and treatment program as soon as practicable. No earlier 53 than two months prior to the expiration of an incarcerated individual's 54 minimum period of imprisonment, the commissioner shall review the incar- 55 cerated individual's institutional record to determine whether he or she 56 has complied with the assigned program. Credit for such assignedS. 2776--A 4 1 program shall not be withheld if a person fails to complete a program 2 because of circumstances beyond such person's control. If the commis- 3 sioner determines that the incarcerated individual has successfully 4 participated in the program he or she may issue the incarcerated indi- 5 vidual a certificate of earned eligibility. Notwithstanding any other 6 provision of law, an incarcerated individual who is serving a sentence 7 with a minimum term of not more than six years and who has been issued a 8 certificate of earned eligibility, shall be granted parole release at 9 the expiration of his or her minimum term or as authorized by subdivi- 10 sion four of section eight hundred sixty-seven of this chapter unless 11 the board of parole determines that there is a reasonable probability 12 that, if such incarcerated individual is released, he or she will not 13 live and remain at liberty without violating the law and that his or her 14 release is not compatible with the welfare of society. Any action by the 15 commissioner pursuant to this section shall be deemed a judicial func- 16 tion and shall not be reviewable if done in accordance with law. 17 § 8. Subdivision 5 of section 806 of the correction law, as amended by 18 chapter 322 of the laws of 2021, is amended to read as follows: 19 5. No person shall have the right to demand or require presumptive 20 release authorized by this section. The commissioner may revoke at any 21 time an incarcerated individual's scheduled presumptive release pursuant 22 to this section for any disciplinary infraction committed by the incar- 23 cerated individual or for any failure to continue to participate 24 successfully in any assigned work and treatment program after the 25 certificate of earned eligibility has been awarded except that any such 26 failure to continue to participate in an assigned work or treatment 27 program shall not be grounds for revocation of presumptive release if 28 such failure is due to circumstances beyond the incarcerated person's 29 control. The commissioner may deny presumptive release to any incarcer- 30 ated individual whenever the commissioner determines that such release 31 may not be consistent with the safety of the community or the welfare of 32 the incarcerated individual. Any action by the commissioner pursuant to 33 this section shall be deemed a judicial function and shall not be 34 reviewable if done in accordance with law. 35 § 9. This act shall take effect immediately; provided that the amend- 36 ments to paragraph (a) and subparagraph (iv) of paragraph (d) of subdi- 37 vision 1 of section 803 of the correction law made by sections one and 38 three of this act shall be subject to the expiration and reversion of 39 such subdivision pursuant subdivision d of section 74 of chapter 3 of 40 the laws of 1995, as amended, when upon such date the provisions of 41 sections two and four of this act shall take effect; provided, further, 42 that the amendments to section 805 of the correction law made by section 43 six of this act shall be subject to the expiration and reversion of such 44 section pursuant to subdivision d of section 74 of chapter 3 of the laws 45 of 1995, as amended, when upon such date the provisions of section seven 46 of this act shall take effect; and provided, further, that the amend- 47 ments to subdivision 5 of section 806 of the correction law made by 48 section eight of this act shall not affect the repeal of such section 49 and shall be deemed repealed therewith.
