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Assembly Bill A7718

2021-2022 Legislative Session

Relates to the allocation of jail time credit

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Archive: Last Bill Status - In Assembly Committee

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2021-A7718 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Penal Law
Laws Affected:
Amd §70.30, Pen L

2021-A7718 (ACTIVE) - Summary

Relates to the allocation of jail time credit; provides that when a person is subject to an undischarged term of imprisonment or post-release supervision following parole release, presumptive release or conditional release from an indeterminate sentence, or conditional release or maximum expiration of a determinate sentence, and is held in pre-trial custody on a new charge or charges that culminate in an indeterminate or determinate term of imprisonment, the time spent in pre-trial custody shall be credited as jail time.

2021-A7718 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7718
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BURGOS -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law in relation to the allocation of jail time
   credit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 70.30 of the penal law, as amended
 by  chapter  3  of the laws of 1995, the opening paragraph as amended by
 chapter 1 of the laws of 1998, is amended to read as follows:
   3. Jail time. The term of a definite sentence, a determinate sentence,
 or the maximum term of an indeterminate sentence  imposed  on  a  person
 shall  be  credited with and diminished by the amount of time the person
 spent in custody prior to the commencement of such sentence as a  result
 of  the  charge that culminated in the sentence. In the case of an inde-
 terminate sentence, if the minimum period of imprisonment has been fixed
 by the court or by the board of parole, the credit shall also be applied
 against the minimum period. The credit herein provided shall  be  calcu-
 lated  from  the date custody under the charge commenced to the date the
 sentence commences and shall not  include  any  time  that  is  credited
 against  the  term or maximum term of any previously imposed sentence or
 period of post-release supervision  to  which  the  person  is  subject;
 PROVIDED  HOWEVER  THAT WHEN A PERSON IS SUBJECT TO AN UNDISCHARGED TERM
 OF IMPRISONMENT OR POST-RELEASE SUPERVISION  FOLLOWING  PAROLE  RELEASE,
 PRESUMPTIVE   RELEASE  OR  CONDITIONAL  RELEASE  FROM  AN  INDETERMINATE
 SENTENCE, OR CONDITIONAL RELEASE OR MAXIMUM EXPIRATION OF A  DETERMINATE
 SENTENCE,  AND  IS  HELD  IN  PRE-TRIAL  CUSTODY IN A LOCAL CORRECTIONAL
 FACILITY ON A NEW CHARGE OR CHARGES THAT CULMINATE IN  AN  INDETERMINATE
 OR DETERMINATE TERM OF IMPRISONMENT, THE TIME SPENT IN PRE-TRIAL CUSTODY
 IN  A  LOCAL  CORRECTIONAL  FACILITY ON SUCH CHARGE OR CHARGES, FROM THE
 DATE CUSTODY COMMENCED TO THE DATE OF COMMENCEMENT OF  THE  SUBSEQUENTLY
 IMPOSED INDETERMINATE OR DETERMINATE SENTENCE, SHALL BE CREDITED AS JAIL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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