S T A T E   O F   N E W   Y O R K
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                                  7564

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced by M. of A. AUBRY -- (at request of the Department of Correc-
  tional  Services)  --  read  once  and  referred  to  the Committee on
  Correction

AN ACT to amend the correction  law,  in  relation  to  merit  time  and
  presumptive release for non-violent inmates

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (iv) of paragraph  (d)  of  subdivision  1  of
section  803  of the correction law, as added by chapter 738 of the laws
of 2004, is amended to read as follows:
  (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  general  equivalency diploma, an alcohol and substance abuse
treatment certificate, a vocational trade certificate following at least
six months of vocational programming or performs 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, OVERALL POOR INSTITUTIONAL RECORD 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  subdi-
vision  (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. Paragraph (ii) of subdivision 1 of section 806 of the correction
law, as added by section 5 of part E of chapter 62 of the laws of  2003,
is amended to read as follows:
  (ii) the inmate has not committed any serious disciplinary infraction,
OR MAINTAINED AN OVERALL POOR INSTITUTIONAL RECORD, and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09804-01-9
              

A. 7564                             2

  S 3. This act shall take effect immediately; provided that:
  (a) the amendment to subparagraph (iv) of paragraph (d) of subdivision
1  of  section 803 of the correction law made by section one of this act
shall not affect the expiration of such section pursuant to chapter 3 of
the laws of 1995, as amended, and shall be deemed to  expire  therewith;
and
  (b) the amendment to paragraph (ii) of subdivision 1 of section 806 of
the  correction law made by section two of this act shall not affect the
repeal of such section pursuant to chapter 435 of the laws of  1997,  as
amended, and shall be deemed repealed therewith.