|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|
senate Bill S338
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S338 - Details
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
BILL NUMBER:S338 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To expand eligibility in the merit time allowance program. 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, murder in the first degree, incest, an offense defined in article two hundred sixty-three of the penal law, an act of terrorism, aggravated harassment of an employee by an inmate, or an attempt or conspiracy to commit any such offense, to earn merit time Allowance. The merit time allowance would be one-sixth of an indeterminate and
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 (PREFILED) 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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- ance. (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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