S T A T E O F N E W Y O R K
________________________________________________________________________
606
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sen. BENJAMIN -- 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 and the penal law, in relation to
establishing merit time allowance credits and certain administrative
privileges credits for local correctional facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new article 24-A
to read as follows:
ARTICLE 24-A
MERIT TIME ALLOWANCE CREDITS AND CERTAIN ADMINISTRATIVE
PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL FACILITIES
SECTION 810. DEFINITIONS.
811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION.
812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT.
813. CERTAIN ADMINISTRATIVE PRIVILEGES CREDITS FOR INELIGIBLE
INMATES.
814. RECORD KEEPING.
§ 810. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "CREDIT" MEANS A REDUCTION OF TWENTY-FOUR HOURS IN THE AMOUNT OF
TIME AN INMATE MUST SERVE IN A CORRECTIONAL FACILITY ON THE INMATE'S
SENTENCE UPON CONVICTION; AND
2. "ELIGIBLE INMATE" MEANS AN INMATE IN THE CUSTODY OF THE SHERIFF OF
A LOCAL CORRECTIONAL FACILITY WHO IS SERVING ONE OR MORE DEFINITE
SENTENCES OF ONE YEAR OR LESS OR WHO IS DETAINED PENDING TRIAL, SENTENCE
OR OTHER DISPOSITION AND WHO PARTICIPATES IN THE MERIT TIME ALLOWANCE
CREDIT PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH
INMATE IS NOT CONVICTED ON THE INSTANT CHARGES OF AN A-1 FELONY OFFENSE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05087-01-1
S. 606 2
OTHER THAN AN A-1 FELONY OFFENSE DEFINED WITHIN ARTICLE TWO HUNDRED
TWENTY OF THE PENAL LAW, 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, ANY OFFENSE DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW, INCEST, ANY OFFENSE DEFINED IN
ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR AGGRAVATED HARASS-
MENT OF AN EMPLOYEE BY AN INMATE.
§ 811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION. 1. UPON
THE ACTIVE PARTICIPATION IN AN EDUCATIONAL, VOCATIONAL, WORK, OR REHABI-
LITATIVE PROGRAM THAT HAS BEEN ASSIGNED BY THE CHIEF ADMINISTRATIVE
OFFICER, AN ELIGIBLE INMATE SHALL ACCRUE CREDITS APPLIED TO HIS OR HER
SENTENCE IN THE SAME MANNER AS JAIL TIME CREDIT PURSUANT TO SUBDIVISION
THREE OF SECTION 70.30 OF THE PENAL LAW IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
(A) ONE CREDIT SHALL ACCRUE FOR EVERY FOUR DAYS IN WHICH THE INMATE
SUCCESSFULLY PARTICIPATES IN THE PROGRAM IF THE INMATE'S HIGHEST CRIME
OF CONVICTION FOR THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS A
VIOLATION OFFENSE;
(B) ONE CREDIT SHALL ACCRUE FOR EVERY NINE DAYS IN WHICH THE INMATE
SUCCESSFULLY PARTICIPATES IN THE PROGRAM IF THE HIGHEST CRIME OF
CONVICTION FOR THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS A MISDE-
MEANOR OFFENSE; AND
(C) ONE CREDIT SHALL ACCRUE FOR EVERY FIFTEEN DAYS IN WHICH THE INMATE
SUCCESSFULLY PARTICIPATES IN THE PROGRAM IF THE HIGHEST CRIME OF
CONVICTION FOR THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS A FELONY
OFFENSE.
2. ACCRUED CREDITS SHALL, IN ACCORDANCE WITH THIS SECTION, BE APPLIED
AGAINST AN ELIGIBLE INMATE'S SENTENCE OR, IF PRE-TRIAL, AGAINST THE
SENTENCE ULTIMATELY IMPOSED, AND SHALL DIMINISH THE INMATE'S PERIOD OF
IMPRISONMENT ACCORDING TO THE SCHEDULE SET FORTH IN SUBDIVISION ONE OF
THIS SECTION; PROVIDED, HOWEVER, THAT IF THE INMATE IS CONVICTED OF A
CRIME THAT RENDERS HIM OR HER INELIGIBLE TO RECEIVE MERIT TIME ALLOWANCE
CREDIT UNDER THIS ARTICLE, ANY SUCH CREDITS ACCRUED SHALL BE CONSIDERED
ADMINISTRATIVE PRIVILEGES CREDITS PURSUANT TO SECTION EIGHT HUNDRED
THIRTEEN OF THIS ARTICLE.
3. IF AN ELIGIBLE INMATE ACCRUES CREDITS PURSUANT TO PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION DURING A PERIOD OF PRE-TRIAL OR PRE-SEN-
TENCE DETENTION FOR A FELONY OFFENSE, AND IS LATER CONVICTED OF AND
SENTENCED TO A PERIOD OF IMPRISONMENT IN A STATE CORRECTIONAL FACILITY
FOR SUCH A FELONY OFFENSE, THE CREDITS ACCRUED BY THE INMATE SHALL BE
APPLIED BY THE DEPARTMENT AS ADDITIONAL JAIL TIME CREDIT PURSUANT TO
SUBDIVISION THREE OF SECTION 70.30 OF THE PENAL LAW TO THE SENTENCE
SERVED BY THE INMATE FOR SUCH FELONY OFFENSE.
4. AN INMATE WHO IS NOT ELIGIBLE TO PARTICIPATE IN THE MERIT TIME
ALLOWANCE CREDIT PROGRAM ESTABLISHED BY THIS ARTICLE MAY, IN THE
DISCRETION OF THE SHERIFF, NONETHELESS BE PERMITTED TO PARTICIPATE IN AN
ADMINISTRATIVE PRIVILEGES CREDIT PROGRAM PURSUANT TO SECTION EIGHT
HUNDRED THIRTEEN OF THIS ARTICLE.
5. ALL PARTICIPATION BY AN INMATE IN THE MERIT TIME ALLOWANCE CREDIT
PROGRAM AND ADMINISTRATIVE PRIVILEGES CREDIT PROGRAM IS VOLUNTARY.
EXCEPT IN ADMINISTRATIVE PROCEEDINGS CONCERNING THE INMATE'S OPPORTUNITY
TO PARTICIPATE IN, OR CONTINUE TO PARTICIPATE IN, SUCH A VOLUNTARY
PROGRAM ADMINISTERED BY A CORRECTIONAL FACILITY, EVIDENCE OF AN INMATE'S
FAILURE TO SUCCESSFULLY PARTICIPATE IN OR COMPLETE A MERIT TIME ALLOW-
ANCE CREDIT PROGRAM OR ADMINISTRATIVE PRIVILEGES CREDIT PROGRAM, PURSU-
S. 606 3
ANT TO THIS ARTICLE, SHALL NOT BE ADMISSIBLE AGAINST THE INMATE,
PROVIDED, HOWEVER, THAT THE INMATE MAY PRESENT INFORMATION CONCERNING
SUCCESSFUL PARTICIPATION FOR THE PURPOSES OF MITIGATION, WHERE RELEVANT,
IN ANY COURT OR PROCEEDING. UPON ADMISSION TO A LOCAL CORRECTIONAL
FACILITY, EACH INMATE SHALL BE NOTIFIED BY THE SHERIFF, IN WRITING, OF
THE EXISTENCE, CRITERIA AND RULES GOVERNING PARTICIPATION IN THE MERIT
TIME ALLOWANCE CREDIT PROGRAM.
§ 812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT. 1. ANY MERIT TIME
ALLOWANCE CREDIT ACCRUED PURSUANT TO THE PROGRAM ESTABLISHED PURSUANT TO
THIS ARTICLE MAY, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, BE WITH-
HELD, FORFEITED OR CANCELLED IN WHOLE OR IN PART FOR BAD BEHAVIOR,
VIOLATION OF INSTITUTIONAL RULES OR FAILURE TO PARTICIPATE SUCCESSFULLY
IN THE PROGRAM. THE SHERIFF SHALL NOTIFY THE INMATE PROMPTLY IN WRITING
OF THE REASONS FOR ANY SUCH DETERMINATION.
2. AN INMATE WHO LOSES A MERIT TIME ALLOWANCE CREDIT PURSUANT TO
SUBDIVISION ONE OF THIS SECTION IS ELIGIBLE FOR SUBSEQUENT PARTICIPATION
IN A MERIT TIME ALLOWANCE CREDIT PROGRAM AT THE DISCRETION OF THE SHER-
IFF.
§ 813. CERTAIN ADMINISTRATIVE PRIVILEGES CREDITS FOR INELIGIBLE
INMATES. 1. ANY INMATE NOT ELIGIBLE TO RECEIVE A MERIT TIME ALLOWANCE
CREDIT PURSUANT TO THIS ARTICLE MAY NONETHELESS ACCRUE ADMINISTRATIVE
PRIVILEGES CREDITS, IN A MANNER CONSISTENT WITH THE ACCRUAL SCHEDULE SET
FORTH IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED ELEVEN OF THIS ARTI-
CLE, PROVIDED THAT SUCH ADMINISTRATIVE PRIVILEGES CREDITS SHALL ONLY
APPLY TOWARD OBTAINING CERTAIN ADMINISTRATIVE PRIVILEGES, PURSUANT TO A
LAWFUL PROGRAM ESTABLISHED AND ADMINISTERED BY THE SHERIFF, AT THE SHER-
IFF'S DISCRETION. UPON ADMISSION TO A LOCAL CORRECTIONAL FACILITY, EACH
INMATE SHALL BE NOTIFIED BY THE SHERIFF, IN WRITING, OF THE EXISTENCE,
CRITERIA AND RULES GOVERNING PARTICIPATION IN THE ADMINISTRATIVE PRIVI-
LEGES CREDIT PROGRAM. ELIGIBLE INMATES MAY ALSO RECEIVE SUCH ADMINIS-
TRATIVE PRIVILEGES CREDITS.
2. ADMINISTRATIVE PRIVILEGES CREDITS ACCRUED PURSUANT TO THIS SECTION
SHALL BE APPLIED, AT THE REQUEST OF THE INMATE AND WITH CONSENT OF THE
SHERIFF, TOWARD PRIVILEGES NOT GENERALLY ACCORDED TO THE GENERAL POPU-
LATION OF INMATES AT THE LOCAL CORRECTIONAL FACILITY. THE RULES GOVERN-
ING PARTICIPATION IN THE PROGRAM SHALL DESCRIBE IN DETAIL THE TYPES OF
PRIVILEGES TO WHICH SUCH CREDITS MAY BE APPLIED AND THE NUMBER OF CRED-
ITS REQUIRED FOR EACH TYPE.
§ 814. RECORD KEEPING. A CONTEMPORANEOUS RECORD SHALL BE KEPT BY THE
SHERIFF OF ALL MERIT TIME ALLOWANCE CREDITS AND ADMINISTRATIVE PRIVI-
LEGES CREDITS AN INMATE ACCRUES PURSUANT TO THIS ARTICLE. IN ANY CASE
WHERE THE SHERIFF HAS THE DUTY TO DELIVER AN INMATE TO THE CUSTODY OF
THE DEPARTMENT, OR A SHERIFF OR SIMILAR DEPARTMENT IN ANOTHER JURISDIC-
TION, WHETHER UNDER AN ORDER OF SENTENCE AND COMMITMENT OR OTHERWISE,
THE SHERIFF SHALL ALSO DELIVER TO THE STATE CORRECTIONAL FACILITY, SHER-
IFF OR SIMILAR DEPARTMENT TO WHICH THE INMATE IS DELIVERED, AND TO THE
INMATE, A CERTIFIED RECORD OF MERIT TIME ALLOWANCE CREDITS ACCRUED BY
THE INMATE.
§ 2. 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 chap-
ter 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-
S. 606 4
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. THE
CREDIT HEREIN PROVIDED SHALL ALSO INCLUDE ANY ADDITIONAL MERIT TIME
ALLOWANCE CREDIT ACCRUED IN A LOCAL CORRECTIONAL FACILITY PURSUANT TO
ARTICLE TWENTY-FOUR-A OF THE CORRECTION LAW. Where the charge or charges
culminate in more than one sentence, the credit shall be applied as
follows:
(a) If the sentences run concurrently, the credit shall be applied
against each such sentence;
(b) If the sentences run consecutively, the credit shall be applied
against the aggregate term or aggregate maximum term of the sentences
and against the aggregate minimum period of imprisonment.
In any case where a person has been in custody due to a charge that
culminated in a dismissal or an acquittal, the amount of time that would
have been credited against a sentence for such charge, had one been
imposed, shall be credited against any sentence that is based on a
charge for which a warrant or commitment was lodged during the pendency
of such custody.
§ 3. Subdivision 3 of section 70.30 of the penal law, as amended by
chapter 648 of the laws of 1979, the opening paragraph as separately
amended by chapter 1 of the laws of 1998, is amended to read as follows:
3. Jail time. The term of a definite 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 culmi-
nated in the sentence. In the case of an indeterminate 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 calculated 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-re-
lease supervision to which the person is subject. THE CREDIT HEREIN
PROVIDED SHALL ALSO INCLUDE ANY ADDITIONAL MERIT TIME ALLOWANCE CREDIT
ACCRUED IN A LOCAL CORRECTIONAL FACILITY PURSUANT TO ARTICLE TWENTY-
FOUR-A OF THE CORRECTION LAW. Where the charge or charges culminate in
more than one sentence, the credit shall be applied as follows:
(a) If the sentences run concurrently, the credit shall be applied
against each such sentence;
(b) If the sentences run consecutively, the credit shall be applied
against the aggregate term or aggregate maximum term of the sentences
and against the aggregate minimum period of imprisonment.
In any case where a person has been in custody due to a charge that
culminated in a dismissal or an acquittal, the amount of time that would
have been credited against a sentence for such charge, had one been
imposed, shall be credited against any sentence that is based on a
charge for which a warrant or commitment was lodged during the pendency
of such custody.
§ 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided that the
amendments to subdivision 3 of section 70.30 of the penal law made by
S. 606 5
section two of this act shall be subject to the expiration and reversion
of such subdivision pursuant to subdivision d of section 74 of chapter 3
of the laws of 1995, as amended, when upon such date the provisions of
section three of this act shall take effect.
