senate Bill S4342

2013-2014 Legislative Session

Makes certain offenders convicted of certain homicide, hate, terrorism and major drug trafficking crimes ineligible for merit, presumptive release and limited credit time

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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
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Apr 24, 2013 referred to correction
Apr 23, 2013 delivered to assembly
passed senate
Apr 22, 2013 ordered to third reading cal.392
reported and committed to rules
Mar 21, 2013 referred to crime victims, crime and correction

Votes

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Apr 22, 2013 - Rules committee Vote

S4342
20
2
committee
20
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Apr 22, 2013 - Crime Victims, Crime and Correction committee Vote

S4342
9
1
committee
9
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Apr 22, 2013

aye wr (2)
excused (1)

Co-Sponsors

S4342 - Bill Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§803, 803-b & 806, Cor L

S4342 - Bill Texts

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Makes certain offenders convicted of certain homicide, hate, terrorism and major drug trafficking crimes ineligible for merit, presumptive release and limited credit time.

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BILL NUMBER:S4342

TITLE OF BILL: An act to amend the correction law, in relation to
making ineligible for merit, presumptive release, and limited credit
time, offenders convicted of certain homicide, hate, terrorism and
major drug trafficking crimes

Purpose of Bill: This bill would amend the Correction Law to provide
uniformity and consistency in the listing of offenses that would make
an inmate ineligible for merit time, presumptive release and limited
credit time allowance programs.

Summary of Provisions:

Section one of the bill would amend Correction Law § 803(1)(d) to add
as excludable crimes for the merit time program all homicides, hate
crimes, terrorism and operating as a major trafficker, and also would
make technical corrections to the existing statutory references to the
crimes of incest and aggravated harassment of an employee by an
inmate.

Section two of the bill would amend Correction Law § 803-b(1)(a) to
add as excludable crimes for the limited credit time program operating
as a major trafficker, aggravated harassment of an employee by and
inmate, all incest offenses, hate crimes and terrorism.

Section three of the bill would amend Correction Law § 806(1)(i) to
expand the list of excludable crimes for the presumptive release
program to include all homicide offenses and to add aggravated
harassment of an employee by an inmate, hate crimes and terrorism, and
would also make a technical correction to the existing reference to
incest.

Section four of the bill provides the effective date.

Existing Law: The merit time program allows inmates, who meet the
criteria, to reduce their minimum period by one-sixth in the case of
an indeterminate sentence, and to reduce the term by one-seventh in
the case of a determinate sentence. An inmate is ineligible for this
program if he or she is serving an indeterminate sentence for a
non-drug class A-I felony, or any sentence for a violent felony,
certain homicide offenses, incest, a crime involving the use of a
child in a sexual performance or aggravated harassment of an employee
by an inmate.

The Limited Credit Time Allowance (LCTA) program allows eligible
inmates to receive a six-month sentence reduction. In general, this
applies to the class of inmates who are not eligible for merit time,
except that, an individual under sentence for first-degree murder, a
sex offense or an attempt or conspiracy to commit such an offense is
ineligible for the LCTA.

The presumptive release program for non-violent inmates allows
qualified inmates serving indeterminate sentences to be released
without an appearance before the Board of Parole. An inmate is not
eligible if he or she is presently convicted of, or has previously
been convicted of, a class A-I felony, a violent felony, certain


delineated homicide offenses, a sex offense, incest or a crime
involving the sexual performance of a child.

Prior Legislative History: This is a new bill.

Statement in Support: The amendments proposed in the bill are
intended to provide uniformity and consistency in the listing of
eligible offenses for these three programs that inure to the benefit
of eligible inmates, either by shortening an inmate's period of
incarceration or increasing the likelihood of his or her release.

For the merit time program, the law currently lists certain homicide
offenses, such as vehicular manslaughter and criminally negligent
homicide, as offenses for which an inmate is not eligible for the
program. However, when a new offense is added to the Penal Law, it is
necessary to amend Correction Law § 803(1)(d) to add that new offense
to the list of ineligible offenses, something that is not always done,
even when the new crime, such as aggravated vehicular homicide, is of
greater severity than crimes on the ineligibility list. To maintain
consistency in the law, it is preferable instead to generically refer
to all homicide offenses in Article 125 of the Penal law as crimes of
exclusion for the merit time program.

This approach was followed in Chapter 56 of the Laws of 2009, when the
list of offenses making an inmate ineligible for the Shock
Incarceration Program was amended to include all homicide offenses
defined in Article 125. This same approach should be followed in
defining eligibility for the merit time program.

Similarly, at various times the law has been amended to list specific
crimes, such as incest, the use of a child in a sexual performance and
aggravated harassment of an employee by an inmate, as ineligible
crimes, in addition to the broad categories of all class A-I non-drug
felonies and all violent crimes. Consistent with this approach, an
individual convicted of a hate crime, terrorism or operating as a
major trafficker should likewise be ineligible for merit time.

This same approach should be taken with respect to the limited credit
time allowance program established in Correction Law § 803-b. A person
who is serving a sentence for a hate crime, terrorism or operating as
a major trafficker should likewise be ineligible for the limited
credit time allowance, In addition, because incest is now defined in
three different degrees, a technical amendment to include all three
offenses in the list of eligible offenses is appropriate.

Similar changes should be made to the eligibility criteria for
participation in the presumptive release for non-violent inmates
program set forth in Correction Law § 806. The only difference is that
because inmates convicted of any class A-I felony offense are already
ineligible for this program, there is no need to separately identify
operating as a major trafficker as a crime of exclusion.

Budget Implications: None.

Effective Date: This bill would take effect 30 days after it becomes
a law.


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

                                  4342

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  GALLIVAN  --  (at  request  of  the  Department of
  Corrections and Community  Supervision)  --  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 making ineligible for
  merit,  presumptive  release,  and  limited  credit  time,   offenders
  convicted  of  certain  homicide, hate, terrorism and major drug traf-
  ficking crimes

  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 to the correction law, as added by chapter 738 of  the  laws
of 2004, is amended to read as follows:
  (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 TWENTY-FIVE OF THE PENAL LAW,  an
offense  defined  in  article  one  hundred  thirty of the penal law, AN
incest OFFENSE DEFINED IN ARTICLE TWO HUNDRED FIFTY-FIVE  OF  THE  PENAL
LAW,  [or]  an offense defined in article two hundred sixty-three of the
penal law, AN OFFENSE DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE
PENAL LAW, AN OFFENSE DEFINED IN ARTICLE  FOUR  HUNDRED  NINETY  OF  THE
PENAL  LAW,  or  aggravated  harassment  of  an employee by an inmate AS
DEFINED IN SECTION 240.32 OF THE PENAL LAW. NOTWITHSTANDING THE  FOREGO-
ING,  SUCH  MERIT  TIME  ALLOWANCE  SHALL NOT BE AVAILABLE TO ANY PERSON
SERVING A SENTENCE IMPOSED  FOR  OPERATING  AS  A  MAJOR  TRAFFICKER  AS
DEFINED IN SECTION 220.77 OF THE PENAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08998-01-3

S. 4342                             2

  S 2. Paragraph (a) of subdivision 1 of section 803-b of the correction
law,  as added by section 4 of part L of chapter 56 of the laws of 2009,
is amended to read as follows:
  (a)  "eligible  offender"  means  a  person  under  the custody of the
department or confined  in  a  facility  in  the  department  of  mental
hygiene,  other  than  a person who is subject to a sentence imposed for
murder in the first degree as defined in section  125.27  of  the  penal
law, OPERATING AS A MAJOR TRAFFICKER AS DEFINED IN SECTION 220.77 OF THE
PENAL  LAW, AGGRAVATED HARASSMENT OF AN EMPLOYEE BY AN INMATE AS DEFINED
IN SECTION 240.32 OF THE PENAL LAW, an offense defined  in  article  one
hundred  thirty  of  [such]  THE PENAL law, AN INCEST OFFENSE DEFINED IN
ARTICLE TWO HUNDRED FIFTY-FIVE OF THE PENAL LAW, AN OFFENSE  DEFINED  IN
ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, AN OFFENSE DEFINED IN
ARTICLE  FOUR  HUNDRED  NINETY  OF  THE  PENAL  LAW,  or an attempt or a
conspiracy to commit any such offense, who is otherwise subject to:
  (i) an indeterminate sentence imposed for [any]  A  class  A-I  felony
offense  other than criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law  or  criminal
sale of a controlled substance in the first degree as defined in section
220.43  of  such  law  or  an  attempt  or  a  conspiracy to commit such
controlled substance offense; or
  (ii) an indeterminate or determinate sentence imposed for  an  offense
listed in subdivision one of section 70.02 of the penal law; or
  (iii)  an indeterminate or determinate sentence imposed for an offense
defined in article one hundred twenty-five of the penal law.
  S 3. Paragraph (i) 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:
  (i) the inmate has not been convicted previously of, nor is  presently
serving  a  sentence  imposed  for  a class A-I felony, 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,] AN
OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW,  an
offense  defined  in article one hundred thirty of the penal law, AGGRA-
VATED HARASSMENT OF AN EMPLOYEE BY  AN  INMATE  AS  DEFINED  IN  SECTION
240.32  OF  THE  PENAL  LAW,  AN  incest  OFFENSE DEFINED IN ARTICLE TWO
HUNDRED FIFTY-FIVE OF THE PENAL LAW, [or] an offense defined in  article
two  hundred sixty-three of the penal law, AN OFFENSE DEFINED IN ARTICLE
FOUR-HUNDRED EIGHTY-FIVE OF THE PENAL LAW,  OR  AN  OFFENSE  DEFINED  IN
ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW,
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the  amendments  to  subpara-
graph  (ii)  of  paragraph  (d)  of  subdivision 1 of section 803 of the
correction law made by section one of this  act  shall  not  affect  the
expiration  of such section and shall be deemed to expire therewith; and
provided, further, that the amendments to paragraph (i) of subdivision 1
of section 806 of the correction law made by section three of  this  act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

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