S T A T E O F N E W Y O R K
________________________________________________________________________
9543--A
I N A S S E M B L Y
January 24, 2020
___________
Introduced by M. of A. EPSTEIN, SAYEGH, CRUZ, MOSLEY, LAVINE, TAYLOR,
DenDEKKER, SIMON, GOTTFRIED, L. ROSENTHAL, JAFFEE, REYES, COOK,
BARRON, QUART -- read once and referred to the Committee on Correction
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the correction law, in relation to including credits
earned from a higher education institution as a condition on which the
merit board may grant merit time
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (iv) 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 to read as follows:
(iv) Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program assigned pursuant
to section eight hundred five of this article and when such inmate
obtains a general equivalency diploma, an alcohol and substance abuse
treatment certificate, a vocational trade certificate following at least
six months of vocational programming, AT LEAST EIGHTEEN CREDITS IN A
PROGRAM REGISTERED BY THE STATE EDUCATION DEPARTMENT FROM A DEGREE-
GRANTING HIGHER EDUCATION INSTITUTION or performs 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.
§ 2. Subparagraph (iv) of 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14733-03-0
A. 9543--A 2
(iv) Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program assigned pursuant
to section eight hundred five of this article and when such inmate
obtains a general equivalency diploma, an alcohol and substance abuse
treatment certificate, a vocational trade certificate following at least
six months of vocational programming, AT LEAST EIGHTEEN CREDITS IN A
PROGRAM REGISTERED BY THE STATE EDUCATION DEPARTMENT FROM A DEGREE-
GRANTING HIGHER EDUCATION INSTITUTION or performs 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.
§ 3. This act shall take effect immediately, provided that the amend-
ments to subparagraph (iv) of paragraph (d) of subdivision 1 of section
803 of the correction law made by section one of this act shall be
subject to the expiration and reversion of such section pursuant to
section 74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section two of this act shall take effect.