senate Bill S7873A

2021-2022 Legislative Session

Establishes the "earned time act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2022 print number 7873a
Jan 21, 2022 amend and recommit to crime victims, crime and correction
Jan 18, 2022 referred to crime victims, crime and correction

Co-Sponsors

S7873 - Details

See Assembly Version of this Bill:
A8462
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add §802, amd §§803, 804, 804-a, 865 & 867, Cor L; amd §§70.30 & 70.40, Pen L

S7873 - Summary

Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

S7873 - Sponsor Memo

S7873 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7873
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 the
   early release of incarcerated individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be  cited  as  the  "earned
 time act".
   § 2. The correction law is amended by adding a new section 802 to read
 as follows:
   §  802.  DATA  COLLECTION. THE DEPARTMENT SHALL REPORT ANNUALLY TO THE
 GOVERNOR AND THE LEGISLATURE WITH RESPECT TO EACH INSTANCE IN WHICH TIME
 ALLOWANCE CREDIT HAS BEEN WITHHELD, FORFEITED OR CANCELLED.  THE  REPORT
 SHALL  PROVIDE THE FOLLOWING INFORMATION: THE NAME, DEPARTMENT IDENTIFI-
 CATION NUMBER AND RACE OF EACH  INCARCERATED  INDIVIDUAL  WHO  HAS  BEEN
 DENIED  CREDIT  AND THE AMOUNT OF CREDIT INVOLVED, THE REASON OR REASONS
 FOR THE DENIAL, INCLUDING, WHERE APPLICABLE, A DESCRIPTION  OF  THE  BAD
 BEHAVIOR  OR  INSTITUTIONAL  RULE VIOLATION OR VIOLATIONS (INCLUDING THE
 CORRESPONDING NUMERICAL CODE IN THE DEPARTMENT'S INMATE RULE  HANDBOOK),
 AND,  WHERE  APPLICABLE, A DESCRIPTION OF THE ASSIGNED DUTY AND/OR IDEN-
 TIFICATION OF ASSIGNED  TREATMENT  PROGRAM  IN  WHICH  THE  INCARCERATED
 PERSON  WAS  DETERMINED  TO  HAVE FAILED TO PERFORM PROPERLY. THE REPORT
 SHALL ADDITIONALLY SPECIFY THE DEPARTMENT FACILITY IN WHICH  THE  RECOM-
 MENDATION  TO  WITHHOLD,  FORFEIT  OR  CANCEL GOOD TIME WAS MADE AND THE
 NAMES OF THE DEPARTMENT PERSONNEL  ON  SUCH  FACILITY'S  TIME  ALLOWANCE
 COMMITTEE WHO MADE SUCH RECOMMENDATION.
   § 3. Section 803 of the correction law, as amended by chapter 3 of the
 laws of 1995, paragraphs (a), (b), and (c) of subdivision 1 and subdivi-
 sions  3,  4,  and  5 as amended by section 37 of subpart B of part C of
 chapter 62 of the laws of 2011,  paragraph  (d)  of  subdivision  1  and
 subdivision  2-a  as  added by chapter 738 of the laws of 2004, subpara-
 graph (ii) of paragraph (d) of subdivision 1 as amended by  chapter  322
 of the laws of 2021, subparagraph (iv) of paragraph (d) of subdivision 1
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S7873A (ACTIVE) - Details

See Assembly Version of this Bill:
A8462
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add §802, amd §§803, 804, 804-a, 865 & 867, Cor L; amd §§70.30 & 70.40, Pen L

S7873A (ACTIVE) - Summary

Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

S7873A (ACTIVE) - Sponsor Memo

S7873A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7873--A
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sens. COONEY, HOYLMAN, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and Correction -- recommitted to the Committee on Crime
   Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the correction law and the penal law, in relation to the
   early release of incarcerated individuals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "earned
 time act".
   § 2. The correction law is amended by adding a new section 802 to read
 as follows:
   § 802. DATA COLLECTION. THE DEPARTMENT SHALL REPORT  ANNUALLY  TO  THE
 GOVERNOR AND THE LEGISLATURE WITH RESPECT TO EACH INSTANCE IN WHICH TIME
 ALLOWANCE  CREDIT  HAS BEEN WITHHELD, FORFEITED OR CANCELLED. THE REPORT
 SHALL PROVIDE THE FOLLOWING INFORMATION: THE NAME, DEPARTMENT  IDENTIFI-
 CATION  NUMBER  AND  RACE  OF  EACH INCARCERATED INDIVIDUAL WHO HAS BEEN
 DENIED CREDIT AND THE AMOUNT OF CREDIT INVOLVED, THE REASON  OR  REASONS
 FOR  THE  DENIAL,  INCLUDING, WHERE APPLICABLE, A DESCRIPTION OF THE BAD
 BEHAVIOR OR INSTITUTIONAL RULE VIOLATION OR  VIOLATIONS  (INCLUDING  THE
 CORRESPONDING  NUMERICAL CODE IN THE DEPARTMENT'S INMATE RULE HANDBOOK),
 AND, WHERE APPLICABLE, A DESCRIPTION OF THE ASSIGNED DUTY  AND/OR  IDEN-
 TIFICATION  OF  ASSIGNED  TREATMENT  PROGRAM  IN  WHICH THE INCARCERATED
 PERSON WAS DETERMINED TO HAVE FAILED TO  PERFORM  PROPERLY.  THE  REPORT
 SHALL  ADDITIONALLY  SPECIFY THE DEPARTMENT FACILITY IN WHICH THE RECOM-
 MENDATION TO WITHHOLD, FORFEIT OR CANCEL GOOD  TIME  WAS  MADE  AND  THE
 NAMES  OF  THE  DEPARTMENT  PERSONNEL  ON SUCH FACILITY'S TIME ALLOWANCE
 COMMITTEE WHO MADE SUCH RECOMMENDATION.
   § 3. Section 803 of the correction law, as amended by chapter 3 of the
 laws of 1995, paragraphs (a), (b), and (c) of subdivision 1 and subdivi-
 sions 3, 4, and 5 as amended by section 37 of subpart B  of  part  C  of
 chapter  62  of  the  laws  of  2011, paragraph (d) of subdivision 1 and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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