Bill Text: NY A06281 | 2015-2016 | 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.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2016-01-06 - referred to correction [A06281 Detail]
Download: New_York-2015-A06281-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6281
2015-2016 Regular Sessions
I N A S S E M B L Y
March 20, 2015
___________
Introduced by M. of A. BARRON -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, in relation to good behavior allow-
ances; and to amend chapter 3 of the laws of 1995, enacting the
sentencing reform act of 1995, in relation to extending certain
provisions thereof
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 S 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
23 BY THE COURT. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02995-02-5
A. 6281 2
1 CIENT AND WILLING PERFORMANCE OF DUTIES ASSIGNED OR PROGRESS AND
2 ACHIEVEMENT IN AN ASSIGNED TREATMENT PROGRAM, AND MAY BE WITHHELD,
3 FORFEITED OR CANCELED IN WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF
4 INSTITUTIONAL RULES OR FAILURE TO PERFORM PROPERLY IN THE DUTIES OR
5 PROGRAM ASSIGNED.
6 S 3. Subdivision 2 of section 803 of the correction law, as amended by
7 chapter 126 of the laws of 1987, is amended to read as follows:
8 2. If a person is serving more than one sentence, the authorized
9 allowances may be granted separately against the [maximum term] TERMS of
10 each sentence or, where consecutive sentences are involved, against the
11 aggregate [maximum term] TERMS. In no case, however, shall the total of
12 all allowances granted to any such person under this section exceed
13 one-third of the time he would be required to serve, computed without
14 regard to this section.
15 S 4. The opening paragraph of subdivision 2 of section 803 of the
16 correction law, as amended by chapter 3 of the laws of 1995, is amended
17 to read as follows:
18 If a person is serving more than one sentence, the authorized allow-
19 ances may be granted separately against the term or [maximum term] TERMS
20 of each sentence or, where consecutive sentences are involved, against
21 the aggregate [maximum term] TERMS. Such allowances shall be calculated
22 as follows:
23 S 5. Section 803 of the correction law is amended by adding a new
24 subdivision 7 to read as follows:
25 7. THE EXPIRATION OF THE MINIMUM PERIOD OF IMPRISONMENT, AS SET FORTH
26 IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL LAW,
27 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF
28 THE EXECUTIVE LAW, AND SECTION EIGHT HUNDRED FIVE OF THIS ARTICLE, SHALL
29 BE DEEMED TO MEAN THE MINIMUM PERIOD OF IMPRISONMENT REDUCED BY ANY TIME
30 ALLOWANCE GRANTED PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION. THE
31 ELIGIBILITY OF AN INMATE TO RECEIVE ANY TIME ALLOWANCE PURSUANT TO
32 SUBDIVISION ONE-A OF THIS SECTION SHALL NOT OTHERWISE AFFECT SUCH
33 INMATE'S ELIGIBILITY TO PARTICIPATE IN ANY DEPARTMENT PROGRAM.
34 S 6. Subdivision 7 of section 803 of the correction law, as added by
35 section five of this act, is amended to read as follows:
36 7. The expiration of the minimum period of imprisonment, as set forth
37 in paragraph (a) of subdivision one of section 70.40 of the penal law,
38 paragraph (a) of subdivision two of section two hundred fifty-nine-i of
39 the executive law, and section eight hundred five of this article, shall
40 be deemed to mean the minimum period of imprisonment reduced by any time
41 allowance granted pursuant to subdivision [one-a] ONE-B of this section.
42 The eligibility of an inmate to receive any time allowance pursuant to
43 subdivision [one-a] ONE-B of this section shall not otherwise affect
44 such inmate's eligibility to participate in any department program.
45 S 7. Section 805 of the correction law, as amended by section 4 of
46 part E of chapter 62 of the laws of 2003, is amended to read as follows:
47 S 805. Earned eligibility program. Persons committed to the custody of
48 the department under an indeterminate or determinate sentence of impri-
49 sonment shall be assigned a work and treatment program as soon as prac-
50 ticable. No earlier than two months prior to the inmate's eligibility to
51 be paroled pursuant to subdivision one of section 70.40 of the penal
52 law, the commissioner shall review the inmate's institutional record to
53 determine whether he OR SHE has complied with the assigned program. If
54 the commissioner determines that the inmate has successfully partic-
55 ipated in the program he may issue the inmate a certificate of earned
56 eligibility. Notwithstanding any other provision of law, an inmate who
A. 6281 3
1 is serving a sentence with a minimum term of not more than eight years
2 and who has been issued a certificate of earned eligibility, shall be
3 granted parole release at the expiration of his OR HER minimum term, OR
4 WHERE APPLICABLE, AT THE EXPIRATION OF THE MINIMUM TERM REDUCED BY ANY
5 TIME ALLOWANCES, or as authorized by subdivision four of section eight
6 hundred sixty-seven of this chapter unless the board of parole deter-
7 mines that there is a reasonable probability that, if such inmate is
8 released, he OR SHE will not live and remain at liberty without violat-
9 ing the law and that his release is not compatible with the welfare of
10 society. Any action by the commissioner pursuant to this section shall
11 be deemed a judicial function and shall not be reviewable if done in
12 accordance with law.
13 S 8. Subdivision d of section 74 of chapter 3 of the laws of 1995,
14 enacting the sentencing reform act of 1995, as amended by section 19 of
15 part E of chapter 55 of the laws of 2013, is amended to read as follows:
16 d. Sections one-a through twenty, twenty-four through twenty-eight,
17 thirty through thirty-nine, forty-two and forty-four of this act shall
18 be deemed repealed on September 1, [2015] 2017;
19 S 9. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law, provided that section
21 eight of this act shall take effect immediately, provided, further, that
22 the amendments to section 803 of the correction law made by sections one
23 and four of this act shall be subject to the expiration and reversion of
24 such section pursuant to section 74 of chapter 3 of the laws of 1995, as
25 amended, when upon such date the provisions of sections two, three and
26 six of this act shall take effect; and provided, further, the amendments
27 to section 805 of the correction law made by section seven of this act
28 shall not affect the expiration of such section and shall be deemed to
29 expire therewith.
