Bill Text: NY S04326 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04326 Detail]

Download: New_York-2023-S04326-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4326

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced  by Sens. SEPULVEDA, SALAZAR -- read twice and ordered print-
          ed, 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, subparagraph (i) as added
     3  by  section 7 of chapter 738 of the laws of 2004, subparagraphs (ii) and
     4  (iv) as amended by section 224 of chapter 322 of the laws  of  2021  and
     5  subparagraph  (iv)  as separately amended by section 1 of chapter 242 of
     6  the laws of 2021, are amended to read as follows:
     7    (i) Except as provided in subparagraph (ii) of this  paragraph,  every
     8  person  under the custody of the department or confined in a facility in
     9  the department of mental hygiene serving an  indeterminate  sentence  of
    10  imprisonment  with a minimum period of one year or more or a determinate
    11  sentence of imprisonment of  one  year  or  more  [imposed  pursuant  to
    12  section  70.70  or 70.71 of the penal law,] may earn a merit time allow-
    13  ance.
    14    (ii) Such merit time allowance shall not be available  to  any  person
    15  serving  [an  indeterminate]  a  sentence  [authorized for an A-I felony
    16  offense, other than an A-I felony offense defined in article two hundred

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03844-01-3
        S. 4326                             2

     1  twenty of the penal law, or any sentence imposed for  a  violent  felony
     2  offense  as  defined  in section 70.02 of the penal law, manslaughter in
     3  the second degree, vehicular manslaughter in the second degree,  vehicu-
     4  lar  manslaughter  in  the  first degree, criminally negligent homicide]
     5  imposed for murder in the first degree as defined in section  125.27  of
     6  the  penal  law, an offense defined in article one hundred thirty of the
     7  penal law, incest, [or]  an  offense  defined  in  article  two  hundred
     8  sixty-three  of  the  penal  law, [or] an act of terrorism as defined in
     9  article four hundred ninety of the penal law, aggravated  harassment  of
    10  an  employee  by an incarcerated individual, or an attempt or conspiracy
    11  to commit any such offense.
    12    (iv) Such merit time allowance may be  granted  when  an  incarcerated
    13  individual  successfully  participates in the work and treatment program
    14  assigned pursuant to section eight hundred five of this article and when
    15  such incarcerated individual [obtains a] achieves one of the  following:
    16  (1)  completes his or her general equivalency diploma, his or her educa-
    17  tional requirements as determined by the  department  or  satisfactorily
    18  completes  coursework  sponsored  by  an  institution of higher learning
    19  representing a semester of academic training; (2) completes  an  alcohol
    20  and  substance  abuse treatment [certificate, a vocational trade certif-
    21  icate following at least six months of vocational programming,] program,
    22  or completes a comparable program of a different type as  determined  by
    23  the  department, including, but not limited to, anger management, family
    24  violence, or parenting; (3) completes a vocational training program or a
    25  comparable and equivalent training program as determined by the  depart-
    26  ment;  (4)  performs satisfactorily for at least six months in a skilled
    27  job assignment, including but not limited  to,  Incarcerated  Individual
    28  Program  Aide  (IIPA),  law library clerk, medical/infirmary aide, chil-
    29  dren's center aide, and food service  worker;  (5)  completes  at  least
    30  eighteen  credits in a program registered by the state education depart-
    31  ment  from  a  degree-granting  higher  education  institution;  or  (6)
    32  performs  at  least four hundred hours of service as part of a community
    33  work crew.
    34    Such allowance shall be withheld for any serious disciplinary  infrac-
    35  tion  or  upon a judicial determination that the person, while an incar-
    36  cerated individual, commenced or continued a civil action, proceeding or
    37  claim that was found to be frivolous as defined in  subdivision  (c)  of
    38  section  eight  thousand three hundred three-a of the civil practice law
    39  and rules, or an order of a federal court pursuant to  rule  11  of  the
    40  federal  rules  of  civil  procedure  imposing  sanctions  in  an action
    41  commenced by a person, while an incarcerated individual, against a state
    42  agency, officer or employee.
    43    § 2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of  subdivision
    44  1  of  section  803  of the correction law, subparagraph (i) as added by
    45  section 10-a of chapter 738 of the laws of 2004, subparagraphs (ii)  and
    46  (iv)  as amended by section 224-a of chapter 322 of the laws of 2021 and
    47  subparagraph (iv) as separately amended by section 2 of chapter  242  of
    48  the laws of 2021, are amended to read as follows:
    49    (i)  Except  as provided in subparagraph (ii) of this paragraph, every
    50  person under the custody of the department or confined in a facility  in
    51  the  department  of  mental hygiene serving an indeterminate sentence of
    52  imprisonment with a minimum period of one year or more or a  determinate
    53  sentence  of  imprisonment  of  one  year  or  more [imposed pursuant to
    54  section 70.70 or 70.71 of the penal law,] may earn a merit  time  allow-
    55  ance.
        S. 4326                             3

     1    (ii)  Such  merit  time allowance shall not be available to any person
     2  serving [an indeterminate] a sentence  [authorized  for  an  A-I  felony
     3  offense, other than an A-I felony offense defined in article two hundred
     4  twenty  of  the  penal law, or any sentence imposed for a violent felony
     5  offense  as  defined  in section 70.02 of the penal law, manslaughter in
     6  the second degree, vehicular manslaughter in the second degree,  vehicu-
     7  lar  manslaughter  in  the  first degree, criminally negligent homicide]
     8  imposed for murder in the first degree as defined in section  125.27  of
     9  the  penal  law, an offense defined in article one hundred thirty of the
    10  penal law, incest, [or]  an  offense  defined  in  article  two  hundred
    11  sixty-three  of  the  penal  law, [or] an act of terrorism as defined in
    12  article four hundred ninety of the penal law, aggravated  harassment  of
    13  an  employee  by an incarcerated individual, or an attempt or conspiracy
    14  to commit any such offense.
    15    (iv) Such merit time allowance may be  granted  when  an  incarcerated
    16  individual  successfully  participates in the work and treatment program
    17  assigned pursuant to section eight hundred five of this article and when
    18  such incarcerated individual [obtains a] achieves one of the  following:
    19  (1)  completes his or her general equivalency diploma, his or her educa-
    20  tional requirements as determined by the  department  or  satisfactorily
    21  completes  coursework  sponsored  by  an  institution of higher learning
    22  representing a semester of academic training; (2) completes  an  alcohol
    23  and  substance  abuse treatment [certificate, a vocational trade certif-
    24  icate following at least six months of vocational programming,] program,
    25  or completes a comparable program of a different type as  determined  by
    26  the  department, including, but not limited to, anger management, family
    27  violence, or parenting; (3) completes a vocational training program or a
    28  comparable and equivalent training program as determined by the  depart-
    29  ment;  (4)  performs satisfactorily for at least six months in a skilled
    30  job assignment, including but not limited  to,  Incarcerated  Individual
    31  Program  Aide  (IIPA),  law library clerk, medical/infirmary aide, chil-
    32  dren's center aide, and food service  worker;  (5)  completes  at  least
    33  eighteen  credits in a program registered by the state education depart-
    34  ment  from  a  degree-granting  higher  education  institution;  or  (6)
    35  performs  at  least four hundred hours of service as part of a community
    36  work crew.
    37    Such allowance shall be withheld for any serious disciplinary  infrac-
    38  tion  or  upon a judicial determination that the person, while an incar-
    39  cerated individual, commenced or continued a civil action, proceeding or
    40  claim that was found to be frivolous as defined in  subdivision  (c)  of
    41  section  eight  thousand three hundred three-a of the civil practice law
    42  and rules, or an order of a federal court pursuant to  rule  11  of  the
    43  federal  rules  of  civil  procedure  imposing  sanctions  in  an action
    44  commenced by a person, while an incarcerated individual, against a state
    45  agency, officer or employee.
    46    § 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
    47  of the correction law, as added by section 7 of chapter 738 of the  laws
    48  of 2004, is amended to read as follows:
    49    (v) The provisions of this paragraph shall apply to persons in custody
    50  serving  an  indeterminate  sentence on the effective date of this para-
    51  graph as well as to persons sentenced to an  indeterminate  sentence  on
    52  and  after  the  effective date of this paragraph and prior to September
    53  first, two thousand five and  to  persons  sentenced  to  a  determinate
    54  sentence [prior to September first, two thousand eleven] for a felony as
    55  defined  in  article two hundred twenty or two hundred twenty-one of the
    56  penal law.
        S. 4326                             4

     1    § 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
     2  of the correction law, as added by section 10-a of chapter  738  of  the
     3  laws of 2004, is amended to read as follows:
     4    (v) The provisions of this paragraph shall apply to persons in custody
     5  serving  an  indeterminate  sentence on the effective date of this para-
     6  graph as well as to persons sentenced to an  indeterminate  sentence  on
     7  and  after  the  effective date of this paragraph and prior to September
     8  first, two thousand five and  to  persons  sentenced  to  a  determinate
     9  sentence [prior to September first, two thousand eleven] for a felony as
    10  defined  in  article two hundred twenty or two hundred twenty-one of the
    11  penal law.
    12    § 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
    13  law, as added by section 9 of chapter  738  of  the  laws  of  2004,  is
    14  amended to read as follows:
    15    (g)  The  provisions  of  this  subdivision  shall apply to persons in
    16  custody serving an indeterminate sentence on the effective date of  this
    17  subdivision as well as to persons sentenced to an indeterminate sentence
    18  on and after the effective date of this subdivision and prior to Septem-
    19  ber  first,  two thousand five and to persons sentenced to a determinate
    20  sentence [prior to September first, two thousand eleven] for a felony as
    21  defined in article two hundred twenty or two hundred twenty-one  of  the
    22  penal law.
    23    § 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
    24  law,  as  added  by  section  11  of chapter 738 of the laws of 2004, is
    25  amended to read as follows:
    26    (g) The provisions of this  subdivision  shall  apply  to  persons  in
    27  custody  serving an indeterminate sentence on the effective date of this
    28  subdivision as well as to persons sentenced to an indeterminate sentence
    29  on and after the effective date of this subdivision and prior to Septem-
    30  ber first, two thousand five and to persons sentenced to  a  determinate
    31  sentence [prior to September first, two thousand eleven] for a felony as
    32  defined  in  article two hundred twenty or two hundred twenty-one of the
    33  penal law.
    34    § 7. Section 803-b of the correction law is REPEALED.
    35    § 8. Subdivision (c-1) of section 41 of chapter 738  of  the  laws  of
    36  2004  amending  the correction law and other laws relating to controlled
    37  substances and indeterminate sentences, is amended to read as follows:
    38    (c-1) the provisions of sections seven, eight, nine, ten and ten-a  of
    39  this  act,  and subdivision 2-a of section 803 of the correction law, as
    40  added by section eleven of this act shall apply to  persons  in  custody
    41  serving  an  indeterminate  sentence  on  the  effective  date  of  such
    42  provisions as well as to persons sentenced to an indeterminate  sentence
    43  on  and after the effective date of such provisions and prior to Septem-
    44  ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
    45  September 1, 2011] for a felony as defined in article 220 or 221 of  the
    46  penal law;
    47    §  9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1
    48  of section 632-a of the executive law, as amended by section 24 of  part
    49  A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
    50    (C)  [an  offense for which a merit time allowance may not be received
    51  against the sentence pursuant to paragraph (d)  of  subdivision  one  of
    52  section  eight  hundred  three  of  the  correction  law]  an A-I felony
    53  offense, other than an A-I felony offense defined in article two hundred
    54  twenty of the penal law, manslaughter in the  second  degree,  vehicular
    55  manslaughter  in  the second degree, vehicular manslaughter in the first
    56  degree, criminally negligent homicide, an offense defined in article one
        S. 4326                             5

     1  hundred thirty of the penal law, incest, an offense defined  in  article
     2  two  hundred  sixty-three  of the penal law, aggravated harassment of an
     3  employee by an inmate;
     4    §  10.  This act shall take effect on the ninetieth day after it shall
     5  have become a law and shall apply to: (i) persons in custody serving  an
     6  indeterminate  or  determinate  sentence  or  sentences on the effective
     7  date; (ii) persons sentenced to an indeterminate or determinate sentence
     8  or sentences on or after the effective date; and (iii) persons who  have
     9  not  completed  service  of  an indeterminate or determinate sentence or
    10  sentences imposed prior to the effective date; provided,  however,  that
    11  the  amendments  to  section  803 of the correction law made by sections
    12  one, three, and five of this act shall be subject to the expiration  and
    13  reversion  of  such  section  pursuant to subdivision d of section 74 of
    14  chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
    15  provisions of sections two, four and six of this act shall take effect.