Assembly Bill A1392

2023-2024 Legislative Session

Relates to controlled substances and indeterminate sentences; to the expansion of merit time; repealer

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Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A1392 (ACTIVE) - Details

See Senate Version of this Bill:
S4326
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6487, S2932
2011-2012: A154, S338
2013-2014: A4198, S1377
2015-2016: A2641, S980
2017-2018: A3351, S4260
2019-2020: A3955, S808
2021-2022: A2241, S4702

2023-A1392 (ACTIVE) - Summary

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.

2023-A1392 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1392
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. AUBRY, BURGOS, CARROLL, WALKER, WEPRIN -- read
   once and referred to the Committee on 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:
 
   Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
 vision 1 of section 803 of the correction law, subparagraph (i) as added
 by section 7 of chapter 738 of the laws of 2004, subparagraphs (ii)  and
 (iv)  as  amended  by section 224 of chapter 322 of the laws of 2021 and
 subparagraph (iv) as separately amended by section 1 of chapter  242  of
 the laws of 2021, are amended to read as follows:
   (i)  Except  as provided in subparagraph (ii) of this paragraph, every
 person under the custody of the department or confined in a facility  in
 the  department  of  mental hygiene serving an indeterminate sentence of
 imprisonment with a minimum period of one year or more or a  determinate
 sentence  of  imprisonment  of  one  year  or  more [imposed pursuant to
 section 70.70 or 70.71 of the penal law,] may earn a merit  time  allow-
 ance.
   (ii)  Such  merit  time allowance shall not be available to any person
 serving [an indeterminate] A sentence  [authorized  for  an  A-I  felony
 offense, other than an A-I felony offense defined in article two hundred
 twenty  of  the  penal law, or any sentence imposed for a violent felony

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

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