NY State Senate Bill 2009-S49

Archive: Last Bill Status - Stricken

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to crime victims, crime and correction
Jan 07, 2009	referred to crime victims, crime and correction

co-Sponsors

2009-S49 (ACTIVE) - Details

Law Section:: Correction Law
Laws Affected:: Amd §803, rpld sub 2-b, Cor L

2009-S49 (ACTIVE) - Summary

Allows all qualifying inmates to be granted a merit time allowance; increases the merit time allowance credit against indeterminate and determinate sentences to one-third of the minimum and maximum periods.

2009-S49 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S49

 TITLE OF BILL :
An act to amend the correction law, in relation to merit time
allowances; and to repeal subdivision 2-b of section 803 of such law
relating thereto


 PURPOSE OR GENERAL IDEA OF BILL :
To allow all inmates to be eligible to earn merit time allowance.

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

Section 2 of the bill is a conforming change.

Sections 3 and 4 of the bill makes conforming changes to the manner in
which merit time allowances are calculated for persons serving
multiple sentences.

Section 5 of the bill repeals subdivision 2-b of section 803 of the
correction law as is would no longer be necessary.

Section 6 of the bill is the effective date.

 JUSTIFICATION :
Merit time affords inmates with the ability to earn a reduction of
their sentence after completing significant programming and
maintaining a positive disciplinary record.  Current law only allows
inmates with certain nonviolent convictions to earn merit time.
However, the availability of merit time allowance motivates inmates to
complete necessary programming and maintain a good disciplinary
record. The program has been shown to reduce prison violence and
studies show that inmates granted merit time and released early have
lower recidivism rates. Therefore, this bill expands the availability
of the merit time program to all inmates.

 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.

 EFFECTIVE DATE :
This act shall take effect on the 90th day after it shall have become
law and applies to all persons who have not completed service of an
indeterminate or determinate term prior to the effective date.

2009-S49 (ACTIVE) - Bill Text download pdf

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

    S. 49                                                     A. 172

                       2009-2010 Regular Sessions

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

                               (PREFILED)

                             January 7, 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, in relation to merit time allow-
  ances; and to repeal subdivision 2-b of section 803 of such law relat-
  ing thereto

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

  Section  1.  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:
  (d)  (i)  [Except  as provided in subparagraph (ii) of this paragraph,
every] EVERY person, EXCEPT A PERSON SERVING A SENTENCE OF  LIFE  IMPRI-
SONMENT  WITHOUT PAROLE, under the custody of the department or confined
in a facility in the department of mental hygiene serving an  indetermi-
nate  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 allowance.
  (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,

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

                                                           LBD01309-02-9

S. 49                               2                             A. 172

or  an  offense  defined in article two hundred sixty-three of the penal
law, or aggravated harassment of an employee by an inmate.
  (iii)]  The merit time allowance credit against [the minimum period of
the indeterminate sentence shall be one-sixth of the minimum period]  AN
INDETERMINATE  SENTENCE  SHALL  BE  ONE-THIRD OF THE MINIMUM AND MAXIMUM
PERIODS, RESPECTIVELY, imposed by the court  [except  that  such  credit
shall be one-third of the minimum period imposed by the court for an A-I
felony  offense defined in article two hundred twenty of the penal law].
In the case of such a determinate sentence,  in  addition  to  the  time
allowance  credit  authorized  by paragraph (c) of this subdivision, the
merit time allowance  credited  against  the  term  of  the  determinate
sentence  pursuant to this paragraph shall be [one-seventh] ONE-THIRD of
the term imposed by the court.
  [(iv)] (III) Such merit time allowance may be granted when  an  inmate
successfully  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)  PARTICIPATES  IN  A  VOCATIONAL  TRAINING
PROGRAM AND EARNS A JOB TITLE FROM THE DICTIONARY OF OCCUPATIONAL TITLES
PUBLISHED  BY  THE DEPARTMENT OF LABOR, PARTICIPATES IN A COMPARABLE AND
EQUIVALENT VOCATIONAL TRAINING PROGRAM AS DETERMINED BY  THE  DEPARTMENT
AND  DEMONSTRATES  A  LEVEL  OF COMPETENCY EQUAL TO A JOB TITLE FROM THE
DICTIONARY OF OCCUPATIONAL TITLES PUBLISHED BY THE DEPARTMENT OF  LABOR;
(4)  DEMONSTRATES  A  DEGREE OF COMPETENCY IN A JOB ASSIGNMENT AS DETER-
MINED BY THE DEPARTMENT EQUAL TO A JOB  TITLE  FROM  THE  DICTIONARY  OF
OCCUPATIONAL  TITLES  PUBLISHED  BY  THE  DEPARTMENT  OF  LABOR;  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.
  [(v) The provisions of this paragraph shall apply to persons in custo-
dy 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  2.  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:

S. 49                               3                             A. 172

  (d)  (i)  [Except  as provided in subparagraph (ii) of this paragraph,
every] EVERY person, EXCEPT A PERSON SERVING A SENTENCE OF  LIFE  IMPRI-
SONMENT  WITHOUT PAROLE, under the custody of the department or confined
in a facility in the department of mental hygiene serving an  indetermi-
nate  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 allowance.
  (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, or aggravated harassment of an employee by an inmate.
  (iii)] The merit time allowance credit against [the minimum period  of
the  indeterminate sentence shall be one-sixth of the minimum period] AN
INDETERMINATE SENTENCE SHALL BE ONE-THIRD OF  THE  MINIMUM  AND  MAXIMUM
PERIODS,  RESPECTIVELY,  imposed  by  the court [except that such credit
shall be one-third of the minimum period imposed by the court for an A-I
felony offense defined in article two hundred twenty of the penal  law].
In  the  case  of  such  a determinate sentence, in addition to the time
allowance credit authorized by paragraph (c) of  this  subdivision,  the
merit  time  allowance  credited  against  the  term  of the determinate
sentence pursuant to this paragraph shall be [one-seventh] ONE-THIRD  of
the term imposed by the court.
  [(iv)]  (III)  Such merit time allowance may be granted when an inmate
successfully 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)  PARTICIPATES  IN  A  VOCATIONAL TRAINING
PROGRAM AND EARNS A JOB TITLE FROM THE DICTIONARY OF OCCUPATIONAL TITLES
PUBLISHED BY THE DEPARTMENT OF LABOR, PARTICIPATES IN A  COMPARABLE  AND
EQUIVALENT  VOCATIONAL  TRAINING PROGRAM AS DETERMINED BY THE DEPARTMENT
AND DEMONSTRATES A LEVEL OF COMPETENCY EQUAL TO A  JOB  TITLE  FROM  THE
DICTIONARY  OF OCCUPATIONAL TITLES PUBLISHED BY THE DEPARTMENT OF LABOR;
(4) DEMONSTRATES A DEGREE OF COMPETENCY IN A JOB  ASSIGNMENT  AS  DETER-
MINED  BY  THE  DEPARTMENT  EQUAL  TO A JOB TITLE FROM THE DICTIONARY OF
OCCUPATIONAL TITLES  PUBLISHED  BY  THE  DEPARTMENT  OF  LABOR;  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

S. 49                               4                             A. 172

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.
  [(v) The provisions of this paragraph shall apply to persons in custo-
dy 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 3. 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:
  2-a.  If  a  person  is serving more than one sentence, the authorized
merit time allowances may be granted against  the  period  or  aggregate
minimum  [period]  AND  MAXIMUM PERIODS of the indeterminate sentence or
sentences, or against the term or  aggregate  term  of  the  determinate
sentence  or  sentences, or where consecutive determinate and indetermi-
nate sentences are involved, against the aggregate minimum [period]  AND
MAXIMUM PERIODS as calculated pursuant to subparagraph (iv) of paragraph
(a)  of  subdivision  one of section 70.40 of the penal law. Such allow-
ances shall be calculated as follows:
  (a) A person serving two or more  indeterminate  sentences  which  run
concurrently  may  receive  a  merit  time allowance not to exceed [one-
sixth] ONE-THIRD of the minimum [period]  AND  MAXIMUM  PERIODS  of  the
indeterminate  sentence [imposed for an offense other than an A-I felony
offense defined in article two hundred twenty of the penal law, or  one-
third of the minimum period of the indeterminate sentence imposed for an
A-I  felony  offense  defined in article two hundred twenty of the penal
law, whichever allowance results in the longest unexpired time to run].
  (b) A person serving two or more  indeterminate  sentences  which  run
consecutively  may  receive  a  merit  time  allowance not to exceed the
amount of one-third of the minimum  AND  MAXIMUM  or  aggregate  minimum
[period] AND MAXIMUM PERIODS of the sentences imposed [for an A-I felony
offense  defined  in  article  two hundred twenty of the penal law, plus
one-sixth of the minimum or aggregate minimum period  of  the  sentences
imposed for an offense other than such A-I felony offense].
  (c) A person serving two or more determinate sentences [for an offense
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law] which run concurrently may receive a merit time allowance not
to exceed  [one-seventh]  ONE-THIRD  of  the  term  of  the  determinate
sentence which has the longest unexpired time to run.
  (d) A person serving two or more determinate sentences [for an offense
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law] which run consecutively may receive a  merit  time  allowance
not  to  exceed  [one-seventh]  ONE-THIRD  of the aggregate term of such
determinate sentences.
  (e) A person serving one or more indeterminate sentences  and  one  or
more determinate sentences for an offense defined in article two hundred
twenty or two hundred twenty-one of the penal law which run concurrently
may  receive  a merit time allowance not to exceed [one-sixth] ONE-THIRD
of the  minimum  [period]  AND  MAXIMUM  PERIODS  of  the  indeterminate
sentence  OR  SENTENCES imposed for an offense [other than an A-I felony
offense defined in article two hundred twenty of  the  penal  law,  one-

S. 49                               5                             A. 172

third of the minimum period of the indeterminate sentence imposed for an
A-I  felony  offense  defined in article two hundred twenty of the penal
law,]  or  [one-seventh]  ONE-THIRD  of  the  term  of  the  determinate
sentence,  whichever  allowance results in the largest unexpired time to
run.
  (f) A person serving one or more indeterminate sentences  and  one  or
more  determinate  sentences which run consecutively may receive a merit
time allowance not to exceed the sum of  [one-sixth]  ONE-THIRD  of  the
minimum AND MAXIMUM or aggregate minimum [period] AND MAXIMUM PERIODS of
the  indeterminate  sentence  or sentences imposed for an offense [other
than an A-I felony offense defined in article two hundred twenty of  the
penal  law,  one-third of the minimum or aggregate minimum period of the
indeterminate sentence or sentences imposed for an  A-I  felony  offense
defined  in  article  two hundred twenty of the penal law] and [one-sev-
enth] ONE-THIRD of  the  term  or  aggregate  term  of  the  determinate
sentence or sentences.
  [(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 4. 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:
  2-a.  If  a  person  is serving more than one sentence, the authorized
merit time allowances may be granted against  the  period  or  aggregate
minimum  [period]  AND  MAXIMUM PERIODS of the indeterminate sentence or
sentences, or against the term or  aggregate  term  of  the  determinate
sentence  or  sentences, or where consecutive determinate and indetermi-
nate sentences are involved, against the aggregate minimum [period]  AND
MAXIMUM PERIODS as calculated pursuant to subparagraph (iv) of paragraph
(a)  of  subdivision  one of section 70.40 of the penal law. Such allow-
ances shall be calculated as follows:
  (a) A person serving two or more  indeterminate  sentences  which  run
concurrently  may  receive  a  merit  time allowance not to exceed [one-
sixth] ONE-THIRD of the minimum [period]  AND  MAXIMUM  PERIODS  of  the
indeterminate  sentence [imposed for an offense other than an A-I felony
offense defined in article two hundred twenty of the penal law, or  one-
third of the minimum period of the indeterminate sentence imposed for an
A-I  felony  offense  defined in article two hundred twenty of the penal
law, whichever allowance results in the longest unexpired time to run].
  (b) A person serving two or more  indeterminate  sentences  which  run
consecutively  may  receive  a  merit  time  allowance not to exceed the
amount of one-third of the minimum  AND  MAXIMUM  or  aggregate  minimum
[period] AND MAXIMUM PERIODS of the sentences imposed [for an A-I felony
offense  defined  in  article  two hundred twenty of the penal law, plus
one-sixth of the minimum or aggregate minimum period  of  the  sentences
imposed for an offense other than such A-I felony offense].
  (c) A person serving two or more determinate sentences [for an offense
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law] which run concurrently may receive a merit time allowance not
to exceed  [one-seventh]  ONE-THIRD  of  the  term  of  the  determinate
sentence which has the longest unexpired time to run.

S. 49                               6                             A. 172

  (d) A person serving two or more determinate sentences [for an offense
defined  in  article two hundred twenty or two hundred twenty-one of the
penal law] which run consecutively may receive a  merit  time  allowance
not  to  exceed  [one-seventh]  ONE-THIRD  of the aggregate term of such
determinate sentences.
  (e)  A  person  serving one or more indeterminate sentences and one or
more determinate sentences for an offense defined in article two hundred
twenty or two hundred twenty-one of the penal law which run concurrently
may receive a merit time allowance not to exceed  [one-sixth]  ONE-THIRD
of  the  minimum  period  of  the  indeterminate sentence imposed for an
offense other than an A-I felony offense defined in article two  hundred
twenty  of  the penal law, one-third of the minimum [period] AND MAXIMUM
PERIODS of the indeterminate sentence OR SENTENCES imposed for  an  [A-I
felony]  offense  [defined  in  article  two hundred twenty of the penal
law,]  or  [one-seventh]  ONE-THIRD  of  the  term  of  the  determinate
sentence,  whichever  allowance results in the largest unexpired time to
run.
  (f) A person serving one or more indeterminate sentences  and  one  or
more  determinate  sentences which run consecutively may receive a merit
time allowance not to exceed the sum of  [one-sixth]  ONE-THIRD  of  the
minimum AND MAXIMUM or aggregate minimum [period] AND MAXIMUM PERIODS of
the  indeterminate  sentence  or sentences imposed for an offense [other
than an A-I felony offense defined in article two hundred twenty of  the
penal  law,  one-third of the minimum or aggregate minimum period of the
indeterminate sentence or sentences imposed for an  A-I  felony  offense
defined  in  article  two hundred twenty of the penal law] and [one-sev-
enth] ONE-THIRD of  the  term  or  aggregate  term  of  the  determinate
sentence or sentences.
  [(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 5. Subdivision 2-b of section 803 of the correction law is REPEALED.
  S 6. 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 that the amend-
ments to paragraph (d) of subdivision 1 and subdivision 2-a  of  section
803  of  the  correction  law made by sections one and three of this act
shall be subject to the expiration and reversion of such section  pursu-
ant  to  section  74  of chapter 3 of the laws of 1995, as amended, when
upon such date the provisions of sections two and four of this act shall
take effect.

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Senate Bill S49

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Archive: Last Bill Status - Stricken

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co-Sponsors

2009-S49 (ACTIVE) - Details

2009-S49 (ACTIVE) - Summary

2009-S49 (ACTIVE) - Sponsor Memo

2009-S49 (ACTIVE) - Bill Text download pdf

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - Stricken

Actions

co-Sponsors

Bill Perkins

2009-S49 (ACTIVE) - Details

2009-S49 (ACTIVE) - Summary

2009-S49 (ACTIVE) - Sponsor Memo

2009-S49 (ACTIVE) - Bill Text download pdf

Comments