senate Bill S338

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee

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

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view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to crime victims, crime and correction
Mar 29, 2011 defeated in crime victims, crime and correction
Feb 28, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to crime victims, crime and correction


S338 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S2932B, A6487B

S338 - 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.

S338 - Sponsor Memo

S338 - Bill Text download pdf

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

    S. 338                                                    A. 154

                       2011-2012 Regular Sessions

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


                             January 5, 2011

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


  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-
  (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,]

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


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