senate Bill S329A

2011-2012 Legislative Session

Relates to the accrual of merit time by certain inmates

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 07, 2012 defeated in crime victims, crime and correction
Mar 02, 2012 print number 329a
amend and recommit to crime victims, crime and correction
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to crime victims, crime and correction
Jan 05, 2011 referred to crime victims, crime and correction

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S329 - Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§803, 805, 806 & 851, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3438B

S329 - Summary

Allows certain inmates to be granted a merit time allowance; allows inmates who are victims are able to prove that they were subjected to substantial physical, sexual or psychological abuse, that the abuse was inflicted by a member of their same family or household or a member of the person's immediate family, and that the abuse was a substantial factor in causing them to commit the crime to be eligible to earn merit time in the amount of one-third off either their minimum sentence (if inmate has an indeterminate sentence) or their flat sentence; allows such inmates to be eligible for presumptive release; expands the criteria that a person in custody of the department of correctional services may meet in order to earn merit time.

S329 - Sponsor Memo

S329 - Bill Text download pdf

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

                                   329

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MONTGOMERY, HASSELL-THOMPSON, KRUEGER, OPPENHEIMER,
  PARKER, SERRANO -- read twice and ordered printed, and when printed to
  be committed to the Committee on Crime Victims, Crime and Correction

AN ACT to amend the correction law, in relation to merit time allowances

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

  Section  1.  Subparagraph  (ii)  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 and a new subparagraph (vi) is added to
read as follows:
  (ii) [Such] EXCEPT AS PROVIDED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH,
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.
  (VI)  A  PERSON  CONVICTED OF A HOMICIDE OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, AN ASSAULT OFFENSE DEFINED  IN
ARTICLE  ONE  HUNDRED  TWENTY  OF  THE  PENAL  LAW, A ROBBERY OFFENSE AS
DEFINED BY ARTICLE ONE HUNDRED SIXTY OF  THE  PENAL  LAW,  A  KIDNAPPING
OFFENSE  AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-FIVE OF THE PENAL LAW,
AN ARSON OFFENSE AS DEFINED BY ARTICLE ONE HUNDRED FIFTY  OF  THE  PENAL
LAW,  A  BURGLARY OFFENSE AS DEFINED BY ARTICLE ONE HUNDRED FORTY OF THE
PENAL LAW, CRIMINAL POSSESSION OF A  WEAPON  IN  THE  SECOND  DEGREE  AS
DEFINED  BY  SUBDIVISIONS  TWO  AND THREE OF SECTION 265.03 OF THE PENAL

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

Co-Sponsors

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S329A (ACTIVE) - Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§803, 805, 806 & 851, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3438B

S329A (ACTIVE) - Summary

Allows certain inmates to be granted a merit time allowance; allows inmates who are victims are able to prove that they were subjected to substantial physical, sexual or psychological abuse, that the abuse was inflicted by a member of their same family or household or a member of the person's immediate family, and that the abuse was a substantial factor in causing them to commit the crime to be eligible to earn merit time in the amount of one-third off either their minimum sentence (if inmate has an indeterminate sentence) or their flat sentence; allows such inmates to be eligible for presumptive release; expands the criteria that a person in custody of the department of correctional services may meet in order to earn merit time.

S329A (ACTIVE) - Sponsor Memo

S329A (ACTIVE) - Bill Text download pdf

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

                                 329--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MONTGOMERY, HASSELL-THOMPSON, KRUEGER, OPPENHEIMER,
  PARKER, SERRANO -- read twice and ordered printed, and when printed to
  be committed to the Committee on Crime Victims, Crime  and  Correction
  -- recommitted to the Committee 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 commit-
  tee

AN ACT to amend the correction law, in relation to merit time allowances

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

  Section  1.  Subparagraph  (ii)  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 and a new subparagraph (vi) is added to
read as follows:
  (ii) [Such] EXCEPT AS PROVIDED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH,
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.
  (VI)  A  PERSON  CONVICTED OF A HOMICIDE OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, AN ASSAULT OFFENSE DEFINED  IN
ARTICLE  ONE  HUNDRED  TWENTY  OF  THE  PENAL  LAW, A ROBBERY OFFENSE AS
DEFINED BY ARTICLE ONE HUNDRED SIXTY OF  THE  PENAL  LAW,  A  KIDNAPPING
OFFENSE  AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-FIVE OF THE PENAL LAW,

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

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