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Assembly Bill A7564

2009-2010 Legislative Session

Relates to merit time and presumptive release for non-violent inmates

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Archive: Last Bill Status - In Assembly Committee

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2009-A7564 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง803 & 806, Cor L

2009-A7564 (ACTIVE) - Summary

Relates to merit time and presumptive release for non-violent inmates.

2009-A7564 (ACTIVE) - Bill Text download pdf 

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

                                  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

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