Bill Text: NY S02776 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2776 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 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: 20 (a) Every person confined in an institution of the department or a 21 facility in the department of mental hygiene serving an indeterminate 22 sentence of imprisonment, except a person serving a sentence with a 23 maximum term of life imprisonment, may receive time allowance against EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06180-01-1S. 2776 2 1 the maximum term or period of his or her sentence not to exceed in the 2 aggregate one-third of the term or period imposed by the court. Such 3 allowances may be granted for good behavior and efficient and willing 4 performance of duties assigned or progress and achievement in an 5 assigned treatment program, and may be withheld, forfeited or canceled 6 in whole or in part for bad behavior, violation of institutional rules 7 or failure to perform properly in the duties or program assigned. Such 8 allowances shall not be withheld if a person fails to complete a program 9 because of circumstances beyond such person's control. 10 § 3. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 11 803 of the correction law, as added by section 7 of chapter 738 of the 12 laws of 2004, is amended to read as follows: 13 (iv) Such merit time allowance may be granted when an inmate success- 14 fully participates in the work and treatment program assigned pursuant 15 to section eight hundred five of this article and when such inmate 16 obtains a general equivalency diploma, an alcohol and substance abuse 17 treatment certificate, a vocational trade certificate following at least 18 six months of vocational programming or performs at least four hundred 19 hours of service as part of a community work crew. 20 Such allowance shall be withheld for any serious disciplinary infrac- 21 tion or upon a judicial determination that the person, while an inmate, 22 commenced or continued a civil action, proceeding or claim that was 23 found to be frivolous as defined in subdivision (c) of section eight 24 thousand three hundred three-a of the civil practice law and rules, or 25 an order of a federal court pursuant to rule 11 of the federal rules of 26 civil procedure imposing sanctions in an action commenced by a person, 27 while an inmate, against a state agency, officer or employee. Such 28 allowance shall not be withheld if a person fails to complete a program 29 because of circumstances beyond his or her control. 30 § 4. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 31 803 of the correction law, as added by section 10-a of chapter 738 of 32 the laws of 2004, is amended to read as follows: 33 (iv) Such merit time allowance may be granted when an inmate success- 34 fully participates in the work and treatment program assigned pursuant 35 to section eight hundred five of this article and when such inmate 36 obtains a general equivalency diploma, an alcohol and substance abuse 37 treatment certificate, a vocational trade certificate following at least 38 six months of vocational programming or performs at least four hundred 39 hours of service as part of a community work crew. 40 Such allowance shall be withheld for any serious disciplinary infrac- 41 tion or upon a judicial determination that the person, while an inmate, 42 commenced or continued a civil action, proceeding or claim that was 43 found to be frivolous as defined in subdivision (c) of section eight 44 thousand three hundred three-a of the civil practice law and rules, or 45 an order of a federal court pursuant to rule 11 of the federal rules of 46 civil procedure imposing sanctions in an action commenced by a person, 47 while an inmate, against a state agency, officer or employee. Such 48 allowance shall not be withheld if a person fails to complete a program 49 because of circumstances beyond such person's control. 50 § 5. Subdivision 1 of section 804 of the correction law, as amended by 51 chapter 145 of the laws of 1976, is amended to read as follows: 52 1. Every person confined in an institution serving a definite sentence 53 of imprisonment may receive time allowances as discretionary reductions 54 of the term of his or her sentence not to exceed in the aggregate one- 55 third of the term imposed by the court. Such allowances may be granted 56 for good behavior and efficient and willing performance of dutiesS. 2776 3 1 assigned or progress and achievement in an assigned treatment program, 2 and may be withheld, forfeited or cancelled in whole or in part for bad 3 behavior, violation of institutional rules or failure to perform proper- 4 ly in the duties or program assigned. Such allowances shall not be with- 5 held, forfeited or cancelled in whole or in part for a person's failure 6 to complete an assigned program due to circumstances beyond his or her 7 control. 8 § 6. Section 805 of the correction law, as amended by section 4 of 9 part E of chapter 62 of the laws of 2003, is amended to read as follows: 10 § 805. Earned eligibility program. Persons committed to the custody of 11 the department under an indeterminate or determinate sentence of impri- 12 sonment shall be assigned a work and treatment program as soon as prac- 13 ticable. No earlier than two months prior to the inmate's eligibility to 14 be paroled pursuant to subdivision one of section 70.40 of the penal 15 law, the commissioner shall review the inmate's institutional record to 16 determine whether he or she has complied with the assigned program. 17 Credit for such assigned program shall not be withheld if a person fails 18 to complete a program because of circumstances beyond such person's 19 control. If the commissioner determines that the inmate has successfully 20 participated in the program he or she may issue the inmate a certificate 21 of earned eligibility. Notwithstanding any other provision of law, an 22 inmate who is serving a sentence with a minimum term of not more than 23 eight years and who has been issued a certificate of earned eligibility, 24 shall be granted parole release at the expiration of his or her minimum 25 term or as authorized by subdivision four of section eight hundred 26 sixty-seven of this chapter unless the board of parole determines that 27 there is a reasonable probability that, if such inmate is released, he 28 or she will not live and remain at liberty without violating the law and 29 that his or her release is not compatible with the welfare of society. 30 Any action by the commissioner pursuant to this section shall be deemed 31 a judicial function and shall not be reviewable if done in accordance 32 with law. 33 § 7. Section 805 of the correction law, as amended by chapter 262 of 34 the laws of 1987, is amended to read as follows: 35 § 805. Earned eligibility program. Persons committed to the custody of 36 the department under an indeterminate sentence of imprisonment shall be 37 assigned a work and treatment program as soon as practicable. No earlier 38 than two months prior to the expiration of an inmate's minimum period of 39 imprisonment, the commissioner shall review the inmate's institutional 40 record to determine whether he or she has complied with the assigned 41 program. Credit for such assigned program shall not be withheld if a 42 person fails to complete a program because of circumstances beyond such 43 person's control. If the commissioner determines that the inmate has 44 successfully participated in the program he or she may issue the inmate 45 a certificate of earned eligibility. Notwithstanding any other provision 46 of law, an inmate who is serving a sentence with a minimum term of not 47 more than six years and who has been issued a certificate of earned 48 eligibility, shall be granted parole release at the expiration of his or 49 her minimum term or as authorized by subdivision four of section eight 50 hundred sixty-seven of this chapter unless the board of parole deter- 51 mines that there is a reasonable probability that, if such inmate is 52 released, he or she will not live and remain at liberty without violat- 53 ing the law and that his or her release is not compatible with the 54 welfare of society. Any action by the commissioner pursuant to this 55 section shall be deemed a judicial function and shall not be reviewable 56 if done in accordance with law.S. 2776 4 1 § 8. Subdivision 5 of section 806 of the correction law, as added by 2 section 5 of part E of chapter 62 of the laws of 2003, is amended to 3 read as follows: 4 5. No person shall have the right to demand or require presumptive 5 release authorized by this section. The commissioner may revoke at any 6 time an inmate's scheduled presumptive release pursuant to this section 7 for any disciplinary infraction committed by the inmate or for any fail- 8 ure to continue to participate successfully in any assigned work and 9 treatment program after the certificate of earned eligibility has been 10 awarded, except that any such failure to continue to participate in an 11 assigned work or treatment program shall not be grounds for revocation 12 of presumptive release if such failure is due to circumstances beyond 13 the incarcerated person's control. The commissioner may deny presump- 14 tive release to any inmate whenever the commissioner determines that 15 such release may not be consistent with the safety of the community or 16 the welfare of the inmate. Any action by the commissioner pursuant to 17 this section shall be deemed a judicial function and shall not be 18 reviewable if done in accordance with law. 19 § 9. This act shall take effect immediately; provided that the amend- 20 ments to paragraph (a) and subparagraph (iv) of paragraph (d) of subdi- 21 vision 1 of section 803 of the correction law made by sections one and 22 three of this act shall be subject to the expiration and reversion of 23 such subdivision pursuant subdivision d of section 74 of chapter 3 of 24 the laws of 1995, as amended, when upon such date the provisions of 25 sections two and four of this act shall take effect; provided, further, 26 that the amendments to section 805 of the correction law made by section 27 six of this act shall be subject to the expiration and reversion of such 28 section pursuant to subdivision d of section 74 of chapter 3 of the laws 29 of 1995, as amended, when upon such date the provisions of section seven 30 of this act shall take effect; and provided, further, that the amend- 31 ments to subdivision 5 of section 806 of the correction law made by 32 section eight of this act shall not affect the repeal of such section 33 and shall be deemed repealed therewith.
