Bill Text: NY S04434 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes inmates serving indeterminate sentences of imprisonment for offenses involving controlled substances and marihuana to receive good time allowances against the minimum terms of their sentences not to exceed one-third of the minimum term imposed; provides that drug offenders can receive good behavior allowances for progress in assigned treatment programs and willing performance of duties.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04434 Detail]
Download: New_York-2017-S04434-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4434 2017-2018 Regular Sessions IN SENATE February 15, 2017 ___________ Introduced by Sens. MONTGOMERY, COMRIE -- 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, in relation to authorizing certain inmates serving indeterminate sentences to receive good time allow- ances against the minimum terms of their sentences not to exceed one third of the actual minimum term imposed The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 803 of the correction law is amended by adding a 2 new subdivision 1-a to read as follows: 3 1-a. Every person confined in an institution of the department or a 4 facility in the department of mental hygiene serving an indeterminate 5 sentence of imprisonment, for an offense contained in article two 6 hundred twenty or two hundred twenty-one of the penal law, may receive 7 time allowance against the minimum term or period of his or her sentence 8 not to exceed in the aggregate one-third of the term or period imposed 9 by the court. Such allowances may be granted for good behavior and effi- 10 cient and willing performance of duties assigned or progress and 11 achievement in an assigned treatment program, and may be withheld, 12 forfeited or canceled in whole or in part for bad behavior, violation of 13 institutional rules or failure to perform properly in the duties or 14 program assigned. 15 § 2. Section 803 of the correction law is amended by adding a new 16 subdivision 1-b to read as follows: 17 1-b. Every person confined in an institution of the department or a 18 facility in the department of mental hygiene serving an indeterminate 19 sentence of imprisonment, for an offense contained in article two 20 hundred twenty or two hundred twenty-one of the penal law, may receive 21 time allowance against the minimum term or period of his or her sentence 22 not to exceed in the aggregate one-third of the term or period imposed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00210-02-7S. 4434 2 1 by the court. Such allowances may be granted for good behavior and effi- 2 cient and willing performance of duties assigned or progress and 3 achievement in an assigned treatment program, and may be withheld, 4 forfeited or canceled in whole or in part for bad behavior, violation of 5 institutional rules or failure to perform properly in the duties or 6 program assigned. 7 § 3. Subdivision 2 of section 803 of the correction law, as amended by 8 chapter 126 of the laws of 1987, is amended to read as follows: 9 2. If a person is serving more than one sentence, the authorized 10 allowances may be granted separately against the [maximum term] terms of 11 each sentence or, where consecutive sentences are involved, against the 12 aggregate [maximum term] terms. In no case, however, shall the total of 13 all allowances granted to any such person under this section exceed 14 one-third of the time he would be required to serve, computed without 15 regard to this section. 16 § 4. The opening paragraph of subdivision 2 of section 803 of the 17 correction law, as amended by chapter 3 of the laws of 1995, is amended 18 to read as follows: 19 If a person is serving more than one sentence, the authorized allow- 20 ances may be granted separately against the term or [maximum term] terms 21 of each sentence or, where consecutive sentences are involved, against 22 the aggregate [maximum term] terms. Such allowances shall be calculated 23 as follows: 24 § 5. Section 803 of the correction law is amended by adding a new 25 subdivision 7 to read as follows: 26 7. The expiration of the minimum period of imprisonment, as set forth 27 in paragraph (a) of subdivision one of section 70.40 of the penal law, 28 paragraph (a) of subdivision two of section two hundred fifty-nine-i of 29 the executive law, and section eight hundred five of this article, shall 30 be deemed to mean the minimum period of imprisonment reduced by any time 31 allowance granted pursuant to subdivision one-a of this section. The 32 eligibility of an inmate to receive any time allowance pursuant to 33 subdivision one-a of this section shall not otherwise affect such 34 inmate's eligibility to participate in any department program. 35 § 6. Subdivision 7 of section 803 of the correction law, as added by 36 section five of this act, is amended to read as follows: 37 7. The expiration of the minimum period of imprisonment, as set forth 38 in paragraph (a) of subdivision one of section 70.40 of the penal law, 39 paragraph (a) of subdivision two of section two hundred fifty-nine-i of 40 the executive law, and section eight hundred five of this article, shall 41 be deemed to mean the minimum period of imprisonment reduced by any time 42 allowance granted pursuant to subdivision [one-a] one-b of this section. 43 The eligibility of an inmate to receive any time allowance pursuant to 44 subdivision [one-a] one-b of this section shall not otherwise affect 45 such inmate's eligibility to participate in any department program. 46 § 7. Section 805 of the correction law, as amended by section 4 of 47 part E of chapter 62 of the laws of 2003, is amended to read as follows: 48 § 805. Earned eligibility program. Persons committed to the custody of 49 the department under an indeterminate or determinate sentence of impri- 50 sonment shall be assigned a work and treatment program as soon as prac- 51 ticable. No earlier than two months prior to the inmate's eligibility to 52 be paroled pursuant to subdivision one of section 70.40 of the penal 53 law, the commissioner shall review the inmate's institutional record to 54 determine whether he or she has complied with the assigned program. If 55 the commissioner determines that the inmate has successfully partic- 56 ipated in the program he may issue the inmate a certificate of earnedS. 4434 3 1 eligibility. Notwithstanding any other provision of law, an inmate who 2 is serving a sentence with a minimum term of not more than eight years 3 and who has been issued a certificate of earned eligibility, shall be 4 granted parole release at the expiration of his or her minimum term, or 5 where applicable, at the expiration of the minimum term reduced by any 6 time allowances, or as authorized by subdivision four of section eight 7 hundred sixty-seven of this chapter unless the board of parole deter- 8 mines that there is a reasonable probability that, if such inmate is 9 released, he or she will not live and remain at liberty without violat- 10 ing the law and that his release is not compatible with the welfare of 11 society. Any action by the commissioner pursuant to this section shall 12 be deemed a judicial function and shall not be reviewable if done in 13 accordance with law. 14 § 8. This act shall take effect on the first of November next succeed- 15 ing the date on which it shall have become a law, provided that the 16 amendments to section 803 of the correction law made by sections one, 17 four and five of this act shall be subject to the expiration and rever- 18 sion of such section pursuant to section 74 of chapter 3 of the laws of 19 1995, as amended, when upon such date the provisions of sections two, 20 three and six of this act shall take effect; and provided, further, the 21 amendments to section 805 of the correction law made by section seven of 22 this act shall not affect the expiration of such section and shall be 23 deemed to expire therewith.
