NY State Assembly Bill 2009-A6487

Assembly Bill A6487

2009-2010 Legislative Session

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

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Archive: Last 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2010	print number 6487b
Apr 26, 2010	amend and recommit to correction
Jan 06, 2010	referred to correction
Jun 02, 2009	print number 6487a
Jun 02, 2009	amend (t) and recommit to correction
Mar 06, 2009	referred to correction

Bill Amendments

Original

B (Active)

2009-A6487 - Details

Current Committee:: Assembly Correction
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:: 2011-2012: A154
2013-2014: A4198
2015-2016: A2641
2017-2018: A3351
2019-2020: A3955
2021-2022: A2241
2023-2024: A1392

2009-A6487 - Summary

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time and repeals provisions relating to the allowance of limited credit time for inmates.

2009-A6487 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2932                                                  A. 6487

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 6, 2009
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

IN ASSEMBLY -- Introduced by M. of A. AUBRY -- 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 merit time

  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, as added by section 7 of
chapter 738 of the laws of 2004, 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 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 offense
as defined in section 70.02 of the penal law, manslaughter in the second
degree,  vehicular  manslaughter  in  the   second   degree,   vehicular
manslaughter  in  the  first  degree, criminally negligent homicide,] an
offense defined in article one hundred thirty of the penal law,  incest,
[or]  an offense defined in article two hundred sixty-three of the penal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09964-02-9

S. 2932                             2                            A. 6487

law, AN ACT OF TERRORISM AS DEFINED IN ARTICLE FOUR  HUNDRED  NINETY  OF
THE PENAL LAW, or aggravated harassment of an employee by an inmate.
  (iv)  Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program  assigned  pursuant
to  section  eight  hundred  five  of  this article and when such inmate
[obtains a] ACHIEVES ONE OF THE FOLLOWING:   (1) COMPLETES  HIS  OR  HER
general  equivalency  diploma,  HIS  OR  HER EDUCATIONAL REQUIREMENTS AS
DETERMINED BY THE  DEPARTMENT  OR  SATISFACTORILY  COMPLETES  COURSEWORK
SPONSORED  BY  AN INSTITUTION OF HIGHER LEARNING REPRESENTING A SEMESTER
OF ACADEMIC TRAINING; (2)  COMPLETES  an  alcohol  and  substance  abuse
treatment  [certificate,  a  vocational  trade  certificate following at
least six months of vocational  programming  or  performs]  PROGRAM,  OR
COMPLETES  A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY THE
DEPARTMENT, INCLUDING, BUT NOT  LIMITED  TO,  ANGER  MANAGEMENT,  FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE  AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE DEPART-
MENT; (4) PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN  A  SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW  LIBRARY  CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER AIDE, AND
FOOD SERVICE WORKER; OR (5) COMPLETES at least  four  hundred  hours  of
service as part of a community work crew.
  Such  allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an  inmate,
commenced  or  continued  a  civil  action, proceeding or claim that was
found to be frivolous as defined in subdivision  (c)  of  section  eight
thousand  three  hundred three-a of the civil practice law and rules, or
an order of a federal court pursuant to rule 11 of the federal rules  of
civil  procedure  imposing sanctions in an action commenced by a person,
while an inmate, against a state agency, officer or employee.
  S 2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of  subdivision
1  of  section  803  of  the correction law, as added by section 10-a of
chapter 738 of the laws of 2004, 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 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 offense
as defined in section 70.02 of the penal law, manslaughter in the second
degree,  vehicular  manslaughter  in  the   second   degree,   vehicular
manslaughter  in  the  first  degree, criminally negligent homicide,] an
offense defined in article one hundred thirty of the penal law,  incest,
[or]  an offense defined in article two hundred sixty-three of the penal
law, AN ACT OF TERRORISM AS DEFINED IN ARTICLE FOUR  HUNDRED  NINETY  OF
THE PENAL LAW, or aggravated harassment of an employee by an inmate.
  (iv)  Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program  assigned  pursuant
to  section  eight  hundred  five  of  this article and when such inmate
[obtains a] ACHIEVES ONE OF THE FOLLOWING:  (1)  COMPLETES  HIS  OR  HER
general  equivalency  diploma,  HIS  OR  HER EDUCATIONAL REQUIREMENTS AS
DETERMINED BY THE  DEPARTMENT  OR  SATISFACTORILY  COMPLETES  COURSEWORK

S. 2932                             3                            A. 6487

SPONSORED  BY  AN INSTITUTION OF HIGHER LEARNING REPRESENTING A SEMESTER
OF ACADEMIC TRAINING; (2)  COMPLETES  an  alcohol  and  substance  abuse
treatment  [certificate,  a  vocational  trade  certificate following at
least  six  months  of  vocational  programming or performs] PROGRAM, OR
COMPLETES A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY  THE
DEPARTMENT,  INCLUDING,  BUT  NOT  LIMITED  TO, ANGER MANAGEMENT, FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE  DEPART-
MENT;  (4)  PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN A SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW LIBRARY CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER  AIDE,  AND
FOOD  SERVICE  WORKER;  OR  (5) COMPLETES at least four hundred hours of
service as part of a community work crew.
  Such allowance shall be withheld for any serious disciplinary  infrac-
tion  or upon a judicial determination that the person, while an inmate,
commenced or continued a civil action,  proceeding  or  claim  that  was
found  to  be  frivolous  as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and  rules,  or
an  order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by  a  person,
while an inmate, against a state agency, officer or employee.
  S 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of  the correction law, as added by section 7 of chapter 738 of the laws
of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date  of  this  para-
graph  as  well  as to persons sentenced to an indeterminate sentence on
and after the effective date of this paragraph and  prior  to  September
first,  two  thousand  five  and  to  persons sentenced to a determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law.
  S 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of  the  correction  law, as added by section 10-a of chapter 738 of the
laws of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date  of  this  para-
graph  as  well  as to persons sentenced to an indeterminate sentence on
and after the effective date of this paragraph and  prior  to  September
first,  two  thousand  five  and  to  persons sentenced to a determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law.
  S 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
law,  as  added  by  section  9  of  chapter 738 of the laws of 2004, is
amended to read as follows:
  (g) The provisions of this  subdivision  shall  apply  to  persons  in
custody  serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to Septem-
ber first, two thousand five and to persons sentenced to  a  determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law.

S. 2932                             4                            A. 6487

  S 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
law, as added by section 11 of chapter 738  of  the  laws  of  2004,  is
amended to read as follows:
  (g)  The  provisions  of  this  subdivision  shall apply to persons in
custody serving an indeterminate sentence on the effective date of  this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to Septem-
ber  first,  two thousand five and to persons sentenced to a determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law.
  S  7. Subdivision c-1 of section 41 of chapter 738 of the laws of 2004
amending the correction  law  and  other  laws  relating  to  controlled
substances and indeterminate sentences is amended to read as follows:
  (c-1)  the provisions of sections seven, eight, nine, ten and ten-a of
this act, and subdivision 2-a of section 803 of the correction  law,  as
added  by  section  eleven of this act shall apply to persons in custody
serving  an  indeterminate  sentence  on  the  effective  date  of  such
provisions  as well as to persons sentenced to an indeterminate sentence
on and after the effective date of such provisions and prior to  Septem-
ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
September  1, 2011] for a felony as defined in article 220 or 221 of the
penal law;
  S 8. Clause (C) of subparagraph (i) of paragraph (e) of subdivision  1
of  section  632-a of the executive law, as amended by chapter 62 of the
laws of 2001, is amended to read as follows:
  (C) [an offense for which a merit time allowance may not  be  received
against  the  sentence  pursuant  to paragraph (d) of subdivision one of
section eight hundred  three  of  the  correction  law]  AN  A-I  FELONY
OFFENSE, OTHER THAN AN A-I FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY  OF  THE  PENAL LAW, MANSLAUGHTER IN THE SECOND DEGREE, VEHICULAR
MANSLAUGHTER IN THE SECOND DEGREE, VEHICULAR MANSLAUGHTER IN  THE  FIRST
DEGREE, CRIMINALLY NEGLIGENT HOMICIDE, AN OFFENSE DEFINED IN ARTICLE ONE
HUNDRED  THIRTY  OF THE PENAL LAW, INCEST, AN OFFENSE DEFINED IN ARTICLE
TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, AGGRAVATED  HARASSMENT  OF  AN
EMPLOYEE BY AN INMATE;
  S  9.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to: (i) persons in custody serving  an
indeterminate  or  determinate  sentence  or  sentences on the effective
date; (ii) persons sentenced to an indeterminate or determinate sentence
or sentences on or after the effective date; and (iii) persons who  have
not  completed  service  of  an indeterminate or determinate sentence or
sentences imposed prior to the effective date; provided,  however,  that
the  amendments  to  section  803 of the correction law made by sections
one, three, and five of this act shall be subject to the expiration  and
reversion of such section when upon such date the provisions of sections
two, four and six of this act shall take effect.

co-Sponsors

multi-Sponsors

2009-A6487A - Details

Current Committee:: Assembly Correction
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:: 2011-2012: A154
2013-2014: A4198
2015-2016: A2641
2017-2018: A3351
2019-2020: A3955
2021-2022: A2241
2023-2024: A1392

2009-A6487A - Summary

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time and repeals provisions relating to the allowance of limited credit time for inmates.

2009-A6487A - Sponsor Memo

                                BILL NUMBER:A6487A

TITLE OF BILL:  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, the executive law, in
relation to merit time, and to repeal section 803-b of the correction
law relating to limited credit time allowances

PURPOSE OR GENERAL IDEA OF BILL:
To expand eligibility in the merit time allowance program.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 803 of the correction law to allow
all inmates, except those serving a sentence of life imprisonment with-
out parole, those convicted of an A-I felony offense defined in Penal
Law Section 125, an A-I felony offense defined in Penal Law Section 220,
a sex offense, or an act of terrorism, to earn merit time allowance.

The merit time allowance would be one-sixth of an indeterminate and
one-seventh of a determinate sentence. This section of the bill also
expands the criteria that a person in the custody of the Department of
Correctional Services (DOCS) may meet in order to earn merit time.

Section 2, 3, and 4 of the bill are conforming changes.

Sections 3 through 7 make technical changes to avoid unintended automat-

ic repeal of merit time eligibility for certain offenders

Section 8 makes a conforming change in the Executive Law.

Section 9 of the bill is the effective date.

JUSTIFICATION:
The Merit Time program allows inmates who excel, attain educational and
vocational degrees, and maintain a stellar disciplinary record the
opportunity to present their case to the Parole Board earlier than they
otherwise would have. The program promotes the rehabilitation of
inmates, and thereby provides several significant benefits. Specif-
ically, the program improves discipline within prison, enables the
Parole Board to make better evaluations of an inmate's ability to rein-
tegrate into society, and saves the State millions of dollars. For these
reasons the Governor's Commission on Sentencing Reform recommended the
program be expanded to allow violent offenders to participate. This bill
accomplishes that goal.

The Merit Time Program Promotes Rehabilitation

The program was first instituted in 1997, and has been exceedingly
successful. The results are clear. Merit Time motivates inmates to take
ownership of their future, and to better themselves in order to prove
that they are worthy of release by the Parole Board, rather than simply
waiting out their maximum sentence until the State is required to grant

their release. Those who successfully complete the Merit Time program
and are released by the Parole Board show far better recidivism rates
than those who served out their maximum sentence. Since 1997, only 2.5%
of inmates who completed the Merit Time program were convicted on anoth-
er crime within two years, as opposed to -- who were released without
having completed the program.  These men and women have made permanent
and profound changes in their lives. They left prison rehabilitated.

This bill expands on the successes of the Merit Time program. When the
original program was instituted in the late 20th century, violent offen-
ders were prohibited from participation, due to the fear that these
individuals were the "worst of the worst." It is true that those who
cause physical harm to another person, or take a life, deserve greater
punishment than those who commit other crimes. But it is false to
presume that a person who committed a violent crime is less able to be
rehabilitated than a person who committed a nonviolent crime.

Indeed, the opposite is true: The most serious violent offenders have a
lower recidivism rate than every category of non-violent offender.  Of
the 95 most serious violent felony offenders who were released in 2001,
only 1 returned because he committed another crime. Extending merit time
to violent offenders makes sense. Because violent offenders are better
able to rehabilitate themselves and live law abiding lives after they
are reintegrated into the community, it is well worth allowing them to
participate in the Merit Time program.  There are several other benefits
as well.

The Merit Time Program Improves Discipline in Prison

Maintaining safety in prisons is directly related to the balanced abili-
ty to punish negative behavior and poor program participation while
rewarding positive behavior and good program participation. An inmate
who is able to affirmatively take responsibility for their own life, and
has an incentive to attend therapy and anger management programs, job
training classes, high school and college courses, all while maintaining
a superior disciplinary record, will behave better than an inmate who
has no such opportunities or incentives. The Merit Time program discour-
ages inmates from breaking the rules, and therefore facilitates the
effective administration of the prison.  Indeed, the program has been
shown to reduce violence in prisons.  This bill facilitate those posi-
tive outcomes by expanding the eligibility for the merit time program.

The Merit Time Program Serves as an Evaluative Tool

For the Parole Board to accurately assess the risk posed by an
offender's reentry into the community, they must understand the personal
deficiencies in that inmate's character that led to their incarceration,
the actions taken by that inmate to rehabilitate themselves while incar-
cerated, and have a way to measure the results.  The Merit Time program
provides that information, and the Parole Board is thereby enabled to
make an informed decision when considering the application of those
inmates. This is especially significant in the case of violent offen-

ders, who we want to be sure are truly rehabilitated before they are
released.

The Merit Time Program Saves the State Hundreds of Millions of Dollars.

It costs over $50,000 (medical and capital construction costs included)
to confine an inmate for one year.  New York State taxpayers benefit
when prison is reserved for offenders who pose a risk to the public.
The Merit Time Program reduces incarceration costs by limiting the time
that persons who have proven their rehabilitation remain in prison, and
reducing the astronomical expense associated with recidivism.  More
effective and less costly prison management, and control of prisoners
with less pressure on correctional officers, are corollary benefits of
good rehabilitation programs and earned rehabilitative incentives.

We should therefore work to expand successful programs that encourage
inmates to become better people, and demonstrate that they are prepared
to thrive and provide a benefit to society after their release. The
Department of Corrections Services estimates that the Merit Time program
has saved the State nearly $384 million dollars over the course often
years by graduating people those who have proven their worth.

Increasing incarceration while ignoring more effective approaches
imposes a heavy burden upon courts, corrections and communities, while
providing no impact on crime. Should this legislature expands eligibil-
ity to violent offenders who have shown that they can reentry society
safely, the State will save tens of millions more.

In order to achieve the desired public safety outcome, the requirements
for an expanded Merit Time Program for offenders with a history of
violent behavior must be rigorous and designed to promote life changing
behaviors. As proposed under this legislation only offenders participat-
ing in exceptional programming aimed at permanently changing anti-social
behaviors can successfully complete the Merit Time Program.

As a result many will not be eligible for the credit. Merit time credit
is not constituted as a right. It is only a privilege incentive afforded
to those who exhibit exceptional rehabilitative behaviors and adjust-
ment. An individual who continues to demonstrate counterproductive
behavior will not be eligible for merit time credit, and the Parole
Board will take longer to consider their case.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill will result in savings to the state because the early release
of inmates who earn merit time will result in a continued decline in the
prison population.

2009-A6487A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2932--A                                            A. 6487--A
    Cal. No. 518

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 6, 2009
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims,  Crime and Correction -- reported favorably from said commit-
  tee, ordered to first and second report,  amended  on  second  report,
  ordered  to a third reading, and to be reprinted as amended, retaining
  its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. AUBRY -- read once and referred to
  the Committee on Correction --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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, the executive law, in relation
  to  merit  time,  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, as added by section 7 of
chapter 738 of the laws of 2004, 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.

                                                           LBD09964-03-9

S. 2932--A                          2                         A. 6487--A

offense  as  defined  in section 70.02 of the penal law, manslaughter in
the second degree, vehicular manslaughter in the second degree,  vehicu-
lar  manslaughter  in  the first degree, criminally negligent homicide,]
IMPOSED  FOR  MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF
THE PENAL LAW, an offense defined in article one hundred thirty  of  the
penal  law,  incest,  [or]  an  offense  defined  in article two hundred
sixty-three of the penal law, AN ACT OF TERRORISM AS DEFINED IN  ARTICLE
FOUR  HUNDRED  NINETY  OF  THE PENAL LAW, or aggravated harassment of an
employee by an inmate.
  (iv) Such merit time allowance may be granted when an inmate  success-
fully  participates  in the work and treatment program assigned pursuant
to section eight hundred five of  this  article  and  when  such  inmate
[obtains  a]  ACHIEVES  ONE OF THE FOLLOWING:   (1) COMPLETES HIS OR HER
general equivalency diploma, HIS  OR  HER  EDUCATIONAL  REQUIREMENTS  AS
DETERMINED  BY  THE  DEPARTMENT  OR  SATISFACTORILY COMPLETES COURSEWORK
SPONSORED BY AN INSTITUTION OF HIGHER LEARNING REPRESENTING  A  SEMESTER
OF  ACADEMIC  TRAINING;  (2)  COMPLETES  an  alcohol and substance abuse
treatment [certificate, a  vocational  trade  certificate  following  at
least  six  months  of  vocational  programming or performs] PROGRAM, OR
COMPLETES A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY  THE
DEPARTMENT,  INCLUDING,  BUT  NOT  LIMITED  TO, ANGER MANAGEMENT, FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE  DEPART-
MENT;  (4)  PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN A SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW LIBRARY CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER  AIDE,  AND
FOOD  SERVICE  WORKER;  OR  (5) COMPLETES at least four hundred hours of
service as part of a community work crew.
  Such allowance shall be withheld for any serious disciplinary  infrac-
tion  or upon a judicial determination that the person, while an inmate,
commenced or continued a civil action,  proceeding  or  claim  that  was
found  to  be  frivolous  as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and  rules,  or
an  order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by  a  person,
while an inmate, against a state agency, officer or employee.
  S  2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdivision
1 of section 803 of the correction law, as  added  by  section  10-a  of
chapter 738 of the laws of 2004, 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
offense as defined in section 70.02 of the penal  law,  manslaughter  in
the  second degree, vehicular manslaughter in the second degree, vehicu-
lar manslaughter in the first degree,  criminally  negligent  homicide,]
IMPOSED  FOR  MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF
THE PENAL LAW, an offense defined in article one hundred thirty  of  the
penal  law,  incest,  [or]  an  offense  defined  in article two hundred

S. 2932--A                          3                         A. 6487--A

sixty-three of the penal law, AN ACT OF TERRORISM AS DEFINED IN  ARTICLE
FOUR  HUNDRED  NINETY  OF  THE PENAL LAW, or aggravated harassment of an
employee by an inmate.
  (iv)  Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program  assigned  pursuant
to  section  eight  hundred  five  of  this article and when such inmate
[obtains a] ACHIEVES ONE OF THE FOLLOWING:  (1)  COMPLETES  HIS  OR  HER
general  equivalency  diploma,  HIS  OR  HER EDUCATIONAL REQUIREMENTS AS
DETERMINED BY THE  DEPARTMENT  OR  SATISFACTORILY  COMPLETES  COURSEWORK
SPONSORED  BY  AN INSTITUTION OF HIGHER LEARNING REPRESENTING A SEMESTER
OF ACADEMIC TRAINING; (2)  COMPLETES  an  alcohol  and  substance  abuse
treatment  [certificate,  a  vocational  trade  certificate following at
least six months of vocational  programming  or  performs]  PROGRAM,  OR
COMPLETES  A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY THE
DEPARTMENT, INCLUDING, BUT NOT  LIMITED  TO,  ANGER  MANAGEMENT,  FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE  AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE DEPART-
MENT; (4) PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN  A  SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW  LIBRARY  CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER AIDE, AND
FOOD SERVICE WORKER; OR (5) COMPLETES at least  four  hundred  hours  of
service as part of a community work crew.
  Such  allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an  inmate,
commenced  or  continued  a  civil  action, proceeding or claim that was
found to be frivolous as defined in subdivision  (c)  of  section  eight
thousand  three  hundred three-a of the civil practice law and rules, or
an order of a federal court pursuant to rule 11 of the federal rules  of
civil  procedure  imposing sanctions in an action commenced by a person,
while an inmate, against a state agency, officer or employee.
  S 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of the correction law, as added by section 7 of chapter 738 of the  laws
of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving  an  indeterminate  sentence on the effective date of this para-
graph as well as to persons sentenced to an  indeterminate  sentence  on
and  after  the  effective date of this paragraph and prior to September
first, two thousand five and  to  persons  sentenced  to  a  determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law.
  S 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of the correction law, as added by section 10-a of chapter  738  of  the
laws of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving  an  indeterminate  sentence on the effective date of this para-
graph as well as to persons sentenced to an  indeterminate  sentence  on
and  after  the  effective date of this paragraph and prior to September
first, two thousand five and  to  persons  sentenced  to  a  determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law.
  S 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
law, as added by section 9 of chapter  738  of  the  laws  of  2004,  is
amended to read as follows:

S. 2932--A                          4                         A. 6487--A

  (g)  The  provisions  of  this  subdivision  shall apply to persons in
custody serving an indeterminate sentence on the effective date of  this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to Septem-
ber  first,  two thousand five and to persons sentenced to a determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law.
  S 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
law,  as  added  by  section  11  of chapter 738 of the laws of 2004, is
amended to read as follows:
  (g) The provisions of this  subdivision  shall  apply  to  persons  in
custody  serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to Septem-
ber first, two thousand five and to persons sentenced to  a  determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law.
  S 7. Section 803-b of the correction law is REPEALED.
  S 8. Subdivision c-1 of section 41 of chapter 738 of the laws of  2004
amending  the  correction  law  and  other  laws  relating to controlled
substances and indeterminate sentences is amended to read as follows:
  (c-1) the provisions of sections seven, eight, nine, ten and ten-a  of
this  act,  and subdivision 2-a of section 803 of the correction law, as
added by section eleven of this act shall apply to  persons  in  custody
serving  an  indeterminate  sentence  on  the  effective  date  of  such
provisions as well as to persons sentenced to an indeterminate  sentence
on  and after the effective date of such provisions and prior to Septem-
ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
September 1, 2011] for a felony as defined in article 220 or 221 of  the
penal law;
  S  9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1
of section 632-a of the executive law, as amended by chapter 62  of  the
laws of 2001, is amended to read as follows:
  (C)  [an  offense for which a merit time allowance may not be received
against the sentence pursuant to paragraph (d)  of  subdivision  one  of
section  eight  hundred  three  of  the  correction  law]  AN A-I FELONY
OFFENSE, OTHER THAN AN A-I FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY OF THE PENAL LAW, MANSLAUGHTER IN THE  SECOND  DEGREE,  VEHICULAR
MANSLAUGHTER  IN  THE SECOND DEGREE, VEHICULAR MANSLAUGHTER IN THE FIRST
DEGREE, CRIMINALLY NEGLIGENT HOMICIDE, AN OFFENSE DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW, INCEST, AN OFFENSE DEFINED  IN  ARTICLE
TWO  HUNDRED  SIXTY-THREE  OF THE PENAL LAW, AGGRAVATED HARASSMENT OF AN
EMPLOYEE BY AN INMATE;
  S 10. This act shall take effect on the ninetieth day after  it  shall
have  become a law and shall apply to: (i) persons in custody serving an
indeterminate or determinate sentence  or  sentences  on  the  effective
date; (ii) persons sentenced to an indeterminate or determinate sentence
or  sentences on or after the effective date; and (iii) persons who have
not completed service of an indeterminate  or  determinate  sentence  or
sentences  imposed  prior to the effective date; provided, however, that
the amendments to section 803 of the correction  law  made  by  sections
one,  three, and five of this act shall be subject to the expiration and
reversion of such section when upon such date the provisions of sections
two, four and six of this act shall take effect.

co-Sponsors

multi-Sponsors

2009-A6487B (ACTIVE) - Details

Current Committee:: Assembly Correction
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:: 2011-2012: A154
2013-2014: A4198
2015-2016: A2641
2017-2018: A3351
2019-2020: A3955
2021-2022: A2241
2023-2024: A1392

2009-A6487B (ACTIVE) - Summary

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time and repeals provisions relating to the allowance of limited credit time for inmates.

2009-A6487B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A6487B

TITLE  OF BILL:   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, the executive law, in
relation  to  merit  time, and to repeal section 803-b of the correction
law relating to limited credit time allowances

PURPOSE OR GENERAL IDEA OF BILL:   To expand eligibility  in  the  merit
time allowance program.

SUMMARY  OF  SPECIFIC PROVISIONS:   Section 1 of the bill amends section
803 of the correction law to allow all inmates, except those  serving  a
sentence  of  life  imprisonment  without  parole,  murder  in the first
degree, incest, an offense defined in article two hundred sixty-three of
the penal law, an act of terrorism, aggravated harassment of an employee
by an inmate, or an attempt or conspiracy to commit any such offense, to
earn merit time Allowance.

The merit time allowance would be  one-sixth  of  an  indeterminate  and
one-seventh  of  a  determinate  sentence. This section of the bill also
expands the criteria that a person in the custody of the  Department  of
Correctional Services (DUOS) may meet in order to earn merit time.

Section 2, 3, and 4 of the bill are conforming changes.

Sections 3 through 7 make technical changes to avoid unintended automat-
ic repeal of merit time eligibility for certain offenders

Section 8 makes a conforming change in the Executive Law.

Section 9 of the bill is the effective date.

JUSTIFICATION:   The Merit Time program allows inmates who excel, attain
educational and vocational degrees, and maintain a stellar  disciplinary
record the opportunity to present their case to the Parole Board earlier
than  they otherwise would have. The program promotes the rehabilitation
of inmates, and thereby provides several significant  benefits.  Specif-
ically,  the  program  improves  discipline  within  prison, enables the
Parole Board to make better evaluations of an inmate's ability to  rein-
tegrate into society, and saves the State millions of dollars. For these
reasons  the  Governor's Commission on Sentencing Reform recommended the
program be expanded to allow violent offenders to participate. This bill
accomplishes that goal.

The Merit Time Program Promotes Rehabilitation

The program was first instituted  in  1997,  and  has  been  exceedingly
successful.  The results are clear. Merit Time motivates inmates to take
ownership of their future, and to better themselves in  order  to  prove
that  they are worthy of release by the Parole Board, rather than simply
waiting out their maximum sentence until the State is required to  grant

their  release.  Those  who successfully complete the Merit Time program
and are released by the Parole Board show far  better  recidivism  rates
than  those who served out their maximum sentence. Since 1997, only 6.1%
of inmates who completed the Merit Time program were convicted on anoth-
er  crime within two years, as opposed to 16.511r return for new offense
rate for all releases since records have been kept. These men and  women
have made permanent and profound changes in their lives. They left pris-
on rehabilitated.

This  bill  expands on the successes of the Merit Time program. When the
original program was instituted in the late 20th century, violent offen-
ders were prohibited from participation, due  to  the  fear  that  these
individuals  were  the  "worst  of the worst." It is true that those who
cause physical harm to another person, or take a life,  deserve  greater
punishment  than  those  who  commit  other  crimes.  But it is false to
presume that a person who committed a violent crime is less able  to  be
rehabilitated than a person who committed a nonviolent crime.

Indeed,  the opposite is true: The most serious violent offenders have a
lower recidivism rate than every category of non-violent offender.    Of
the  585  most  serious  violent  felony  offenders who were released to
parole supervision for the first time between 2005 and  2008,  none  has
returned  to  prison  for  a  new crime. Extending merit time to violent
offenders makes sense, Because violent  offenders  are  better  able  to
rehabilitate  themselves and live law abiding lives after they are rein-
tegrated into the community, it is well worth allowing them  to  partic-
ipate  in  the  Merit  Time program. There are several other benefits as
well.

The Merit Time Program Improves Discipline in Prison

Maintaining safety in prisons is directly related to the balanced abili-
ty to punish negative behavior  and  poor  program  participation  while
rewarding  positive  behavior  and good program participation. An inmate
who is able to affirmatively take responsibility for their own life, and
has an incentive to attend therapy and anger  management  programs,  job
training classes, high school and college courses, all while maintaining
a  superior  disciplinary  record, will behave better than an inmate who
has no such opportunities or incentives. The Merit Time program discour-
ages inmates from breaking the  rules,  and  therefore  facilitates  the
effective  administration  of the prison.   Indeed, the program has been
shown to reduce violence in prisons.  This bill facilitates those  posi-
tive outcomes by expanding the eligibility for the merit time program.

The Merit Time Program Serves as an Evaluative Tool

For  the  Parole  Board  to  accurately  assess  the  risk  posed  by an
offender's reentry into the community, they must understand the personal
deficiencies in that inmate's character that led to their incarceration,
the actions taken by that inmate to rehabilitate themselves while incar-
cerated, and have a way to measure the results.  The Merit Time  program
provides  that  information,  and the Parole Board is thereby enabled to

make an informed decision when  considering  the  application  of  those
inmates.  This  is  especially significant in the case of violent offen-
ders, who we want to be sure are truly  rehabilitated  before  they  are
released.

The Merit Time Program Saves the State Hundreds of Millions of Dollars.

It  costs over $50,000 (medical and capital construction costs included)
to confine an inmate for one year. New York State taxpayers benefit when
prison is reserved for offenders who pose a  risk  to  the  public.  The
Merit Time Program reduces incarceration costs by limiting the time that
persons  who  have  proven  their  rehabilitation  remain in prison, and
reducing the  astronomical  expense  associated  with  recidivism.  More
effective  and  less  costly prison management, and control of prisoners
with less pressure, on correctional officers, are corollary benefits  of
good rehabilitation programs and earned rehabilitative incentives.

We  should  therefore  work to expand successful programs that encourage
inmates to become better people, and demonstrate that they are  prepared
to  thrive  and  provide  a  benefit to society after their release. The
Department of Corrections Services estimates that the Merit Time program
has saved the State nearly $384 million dollars over  the  course  often
years by graduating people those who have proven their worth.

Increasing   incarceration  while  ignoring  more  effective  approaches
imposes a heavy burden upon courts, corrections and  communities,  while
providing  no impact on crime. Should this legislature expands eligibil-
ity to violent offenders who have shown that they  can  reentry  society
safely, the State will save tens of millions more.

In  order to achieve the desired public safety outcome, the requirements
for an expanded Merit Time Program  for  offenders  with  a  history  of
violent  behavior must be rigorous and designed to promote life changing
behaviors. As proposed under this legislation only offenders participat-
ing in exceptional programming aimed at permanently changing anti-social
behaviors can successfully complete the Merit Time Program.

As a result many will not be eligible for the credit. Merit time  credit
is not constituted as a right. It is only a privilege incentive afforded
to  those  who  exhibit exceptional rehabilitative behaviors and adjust-
ment. An  individual  who  continues  to  demonstrate  counterproductive
behavior  will  not  be  eligible  for merit time credit, and the Parole
Board will take longer to consider their case.

PRIOR LEGISLATIVE HISTORY:  New bill,

FISCAL IMPLICATIONS FOR STATE AND LOCAL  GOVERNMENTS:    The  bill  will
result  in savings to the state because the early release of inmates who
earn merit time will result in a continued decline in the  prison  popu-
lation.

2009-A6487B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2932--B                                            A. 6487--B

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              March 6, 2009
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims,  Crime and Correction -- reported favorably from said commit-
  tee, ordered to first and second report,  amended  on  second  report,
  ordered  to a third reading, and to be reprinted as amended, retaining
  its place in the order of third reading -- recommitted to the  Commit-
  tee  on  Crime Victims, Crime and Correction in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  Introduced by M. of A. AUBRY, TOWNS, PRETLOW -- Multi-
  Sponsored by -- M. of A. GOTTFRIED, HEASTIE -- read once and  referred
  to  the Committee on Correction -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  recommitted to the Committee on Correction in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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, the executive law, in relation
  to merit time, 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, as added by section 7  of
chapter 738 of the laws of 2004, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09964-05-0

S. 2932--B                          2                         A. 6487--B

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
offense as defined in section 70.02 of the penal  law,  manslaughter  in
the  second degree, vehicular manslaughter in the second degree, vehicu-
lar manslaughter in the first degree,  criminally  negligent  homicide,]
IMPOSED  FOR  MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF
THE PENAL LAW, an offense defined in article one hundred thirty  of  the
penal  law,  incest,  [or]  an  offense  defined  in article two hundred
sixty-three of the penal law, [or] AN ACT OF  TERRORISM  AS  DEFINED  IN
ARTICLE  FOUR  HUNDRED NINETY OF THE PENAL LAW, aggravated harassment of
an employee by an inmate, OR AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
OFFENSE.
  (iv) Such merit time allowance may be granted when an inmate  success-
fully  participates  in the work and treatment program assigned pursuant
to section eight hundred five of  this  article  and  when  such  inmate
[obtains  a]  ACHIEVES  ONE OF THE FOLLOWING:   (1) COMPLETES HIS OR HER
general equivalency diploma, HIS  OR  HER  EDUCATIONAL  REQUIREMENTS  AS
DETERMINED  BY  THE  DEPARTMENT  OR  SATISFACTORILY COMPLETES COURSEWORK
SPONSORED BY AN INSTITUTION OF HIGHER LEARNING REPRESENTING  A  SEMESTER
OF  ACADEMIC  TRAINING;  (2)  COMPLETES  an  alcohol and substance abuse
treatment [certificate, a  vocational  trade  certificate  following  at
least  six  months  of  vocational  programming or performs] PROGRAM, OR
COMPLETES A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY  THE
DEPARTMENT,  INCLUDING,  BUT  NOT  LIMITED  TO, ANGER MANAGEMENT, FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE  DEPART-
MENT;  (4)  PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN A SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW LIBRARY CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER  AIDE,  AND
FOOD  SERVICE  WORKER;  OR  (5) COMPLETES at least four hundred hours of
service as part of a community work crew.
  Such allowance shall be withheld for any serious disciplinary  infrac-
tion  or upon a judicial determination that the person, while an inmate,
commenced or continued a civil action,  proceeding  or  claim  that  was
found  to  be  frivolous  as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and  rules,  or
an  order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by  a  person,
while an inmate, against a state agency, officer or employee.
  S  2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdivision
1 of section 803 of the correction law, as  added  by  section  10-a  of
chapter 738 of the laws of 2004, 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

S. 2932--B                          3                         A. 6487--B

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
offense as defined in section 70.02 of the penal  law,  manslaughter  in
the  second degree, vehicular manslaughter in the second degree, vehicu-
lar manslaughter in the first degree,  criminally  negligent  homicide,]
IMPOSED  FOR  MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27 OF
THE PENAL LAW, an offense defined in article one hundred thirty  of  the
penal  law,  incest,  [or]  an  offense  defined  in article two hundred
sixty-three of the penal law, [or] AN ACT OF  TERRORISM  AS  DEFINED  IN
ARTICLE  FOUR  HUNDRED NINETY OF THE PENAL LAW, aggravated harassment of
an employee by an inmate, OR AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
OFFENSE.
  (iv) Such merit time allowance may be granted when an inmate  success-
fully  participates  in the work and treatment program assigned pursuant
to section eight hundred five of  this  article  and  when  such  inmate
[obtains  a]  ACHIEVES  ONE  OF  THE FOLLOWING: (1) COMPLETES HIS OR HER
general equivalency diploma, HIS  OR  HER  EDUCATIONAL  REQUIREMENTS  AS
DETERMINED  BY  THE  DEPARTMENT  OR  SATISFACTORILY COMPLETES COURSEWORK
SPONSORED BY AN INSTITUTION OF HIGHER LEARNING REPRESENTING  A  SEMESTER
OF  ACADEMIC  TRAINING;  (2)  COMPLETES  an  alcohol and substance abuse
treatment [certificate, a  vocational  trade  certificate  following  at
least  six  months  of  vocational  programming or performs] PROGRAM, OR
COMPLETES A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY  THE
DEPARTMENT,  INCLUDING,  BUT  NOT  LIMITED  TO, ANGER MANAGEMENT, FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE  DEPART-
MENT;  (4)  PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN A SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW LIBRARY CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER  AIDE,  AND
FOOD  SERVICE  WORKER;  OR  (5) COMPLETES at least four hundred hours of
service as part of a community work crew.
  Such allowance shall be withheld for any serious disciplinary  infrac-
tion  or upon a judicial determination that the person, while an inmate,
commenced or continued a civil action,  proceeding  or  claim  that  was
found  to  be  frivolous  as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and  rules,  or
an  order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by  a  person,
while an inmate, against a state agency, officer or employee.
  S 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of  the correction law, as added by section 7 of chapter 738 of the laws
of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date  of  this  para-
graph  as  well  as to persons sentenced to an indeterminate sentence on
and after the effective date of this paragraph and  prior  to  September
first,  two  thousand  five  and  to  persons sentenced to a determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law.
  S 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of  the  correction  law, as added by section 10-a of chapter 738 of the
laws of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date  of  this  para-
graph  as  well  as to persons sentenced to an indeterminate sentence on

S. 2932--B                          4                         A. 6487--B

and after the effective date of this paragraph and  prior  to  September
first,  two  thousand  five  and  to  persons sentenced to a determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law.
  S 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
law, as added by section 9 of chapter  738  of  the  laws  of  2004,  is
amended to read as follows:
  (g)  The  provisions  of  this  subdivision  shall apply to persons in
custody serving an indeterminate sentence on the effective date of  this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to Septem-
ber  first,  two thousand five and to persons sentenced to a determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law.
  S 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
law,  as  added  by  section  11  of chapter 738 of the laws of 2004, is
amended to read as follows:
  (g) The provisions of this  subdivision  shall  apply  to  persons  in
custody  serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to Septem-
ber first, two thousand five and to persons sentenced to  a  determinate
sentence [prior to September first, two thousand eleven] for a felony as
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law.
  S 7. Section 803-b of the correction law is REPEALED.
  S 8. Subdivision (c-1) of section 41 of chapter 738  of  the  laws  of
2004  amending  the correction law and other laws relating to controlled
substances and indeterminate sentences is amended to read as follows:
  (c-1) the provisions of sections seven, eight, nine, ten and ten-a  of
this  act,  and subdivision 2-a of section 803 of the correction law, as
added by section eleven of this act shall apply to  persons  in  custody
serving  an  indeterminate  sentence  on  the  effective  date  of  such
provisions as well as to persons sentenced to an indeterminate  sentence
on  and after the effective date of such provisions and prior to Septem-
ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
September 1, 2011] for a felony as defined in article 220 or 221 of  the
penal law;
  S  9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1
of section 632-a of the executive law, as amended by chapter 62  of  the
laws of 2001, is amended to read as follows:
  (C)  [an  offense for which a merit time allowance may not be received
against the sentence pursuant to paragraph (d)  of  subdivision  one  of
section  eight  hundred  three  of  the  correction  law]  AN A-I FELONY
OFFENSE, OTHER THAN AN A-I FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY OF THE PENAL LAW, MANSLAUGHTER IN THE  SECOND  DEGREE,  VEHICULAR
MANSLAUGHTER  IN  THE SECOND DEGREE, VEHICULAR MANSLAUGHTER IN THE FIRST
DEGREE, CRIMINALLY NEGLIGENT HOMICIDE, AN OFFENSE DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW, INCEST, AN OFFENSE DEFINED  IN  ARTICLE
TWO  HUNDRED  SIXTY-THREE  OF THE PENAL LAW, AGGRAVATED HARASSMENT OF AN
EMPLOYEE BY AN INMATE;
  S 10. This act shall take effect on the ninetieth day after  it  shall
have  become a law and shall apply to: (i) persons in custody serving an
indeterminate or determinate sentence  or  sentences  on  the  effective

S. 2932--B                          5                         A. 6487--B

date; (ii) persons sentenced to an indeterminate or determinate sentence
or  sentences on or after the effective date; and (iii) persons who have
not completed service of an indeterminate  or  determinate  sentence  or
sentences  imposed  prior to the effective date; provided, however, that
the amendments to section 803 of the correction  law  made  by  sections
one,  three, and five of this act shall be subject to the expiration and
reversion of such section when upon such date the provisions of sections
two, four and six of this act shall take effect.

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Assembly Bill A6487

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Sponsored By

AUBRY

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A6487 - Details

2009-A6487 - Summary

2009-A6487 - Bill Text download pdf

co-Sponsors

Darryl Towns

J. Gary Pretlow

multi-Sponsors

Richard Gottfried

Carl Heastie

2009-A6487A - Details

2009-A6487A - Summary

2009-A6487A - Sponsor Memo

2009-A6487A - Bill Text download pdf

co-Sponsors

Darryl Towns

J. Gary Pretlow

multi-Sponsors

Richard Gottfried

Carl Heastie

2009-A6487B (ACTIVE) - Details

2009-A6487B (ACTIVE) - Summary

2009-A6487B (ACTIVE) - Sponsor Memo

2009-A6487B (ACTIVE) - Bill Text download pdf

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