Senate Bill S3289

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3289
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 authorizing certain
   inmates serving indeterminate sentences to receive  good  time  allow-
   ances  against  the minimum terms of their sentences not to exceed-one
   third of the actual minimum term imposed
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  803 of the correction law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. EVERY PERSON CONFINED IN AN INSTITUTION OF THE  DEPARTMENT  OR  A
 FACILITY  IN  THE  DEPARTMENT OF MENTAL HYGIENE SERVING AN INDETERMINATE
 SENTENCE OF IMPRISONMENT,  FOR  AN  OFFENSE  CONTAINED  IN  ARTICLE  TWO
 HUNDRED  TWENTY OF THE PENAL LAW, MAY RECEIVE TIME ALLOWANCE AGAINST THE
 MINIMUM TERM OR PERIOD OF HIS OR HER  SENTENCE  NOT  TO  EXCEED  IN  THE
 AGGREGATE  ONE-THIRD  OF  THE  TERM OR PERIOD IMPOSED BY THE COURT. SUCH
 ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND  EFFICIENT  AND  WILLING
 PERFORMANCE  OF  DUTIES  ASSIGNED  OR  PROGRESS  AND  ACHIEVEMENT  IN AN
 ASSIGNED TREATMENT PROGRAM, AND MAY BE WITHHELD, FORFEITED  OR  CANCELED
 IN  WHOLE  OR IN PART FOR BAD BEHAVIOR, VIOLATION OF INSTITUTIONAL RULES
 OR FAILURE TO PERFORM PROPERLY IN THE DUTIES OR PROGRAM ASSIGNED.
   § 2. Section 803 of the correction law is  amended  by  adding  a  new
 subdivision 1-b to read as follows:
   1-B.  EVERY  PERSON  CONFINED IN AN INSTITUTION OF THE DEPARTMENT OR A
 FACILITY IN THE DEPARTMENT OF MENTAL HYGIENE  SERVING  AN  INDETERMINATE
 SENTENCE  OF  IMPRISONMENT,  FOR  AN  OFFENSE  CONTAINED  IN ARTICLE TWO
 HUNDRED TWENTY OF THE PENAL LAW, MAY RECEIVE TIME ALLOWANCE AGAINST  THE
 MINIMUM  TERM  OR  PERIOD  OF  HIS  OR HER SENTENCE NOT TO EXCEED IN THE
 AGGREGATE ONE-THIRD OF THE TERM OR PERIOD IMPOSED  BY  THE  COURT.  SUCH
 ALLOWANCES  MAY  BE  GRANTED FOR GOOD BEHAVIOR AND EFFICIENT AND WILLING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06201-01-3
              

 S. 3289                             2
 
 PERFORMANCE OF  DUTIES  ASSIGNED  OR  PROGRESS  AND  ACHIEVEMENT  IN  AN
 ASSIGNED  TREATMENT  PROGRAM, AND MAY BE WITHHELD, FORFEITED OR CANCELED
 IN WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF  INSTITUTIONAL  RULES
 OR FAILURE TO PERFORM PROPERLY IN THE DUTIES OR PROGRAM ASSIGNED.
   §  3.  The  opening  paragraph  of subdivision 2 of section 803 of the
 correction law, as amended by chapter 3 of the laws of 1995, is  amended
 to read as follows:
   If  a  person is serving more than one sentence, the authorized allow-
 ances may be granted separately against the term or [maximum term] TERMS
 of each sentence or, where consecutive sentences are  involved,  against
 the aggregate [maximum term] TERMS.  Such allowances shall be calculated
 as follows:
   § 4. Subdivision 2 of section 803 of the correction law, as amended by
 chapter 126 of the laws of 1987, is amended to read as follows:
   2.  If  a  person  is  serving  more than one sentence, the authorized
 allowances may be granted separately against the [maximum term] TERMS of
 each sentence or, where consecutive sentences are involved, against  the
 aggregate [maximum term] TERMS.  In no case, however, shall the total of
 all  allowances  granted  to  any  such person under this section exceed
 one-third of the time he OR SHE would be  required  to  serve,  computed
 without regard to this section.
   §  5.  Section  803  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE EXPIRATION OF THE MINIMUM PERIOD OF IMPRISONMENT, AS SET  FORTH
 IN  PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL LAW,
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I  OF
 THE EXECUTIVE LAW, AND SECTION EIGHT HUNDRED FIVE OF THIS ARTICLE, SHALL
 BE DEEMED TO MEAN THE MINIMUM PERIOD OF IMPRISONMENT REDUCED BY ANY TIME
 ALLOWANCE  GRANTED  PURSUANT  TO  SUBDIVISION ONE-A OF THIS SECTION. THE
 ELIGIBILITY OF AN INMATE TO  RECEIVE  ANY  TIME  ALLOWANCE  PURSUANT  TO
 SUBDIVISION  ONE-A  OF  THIS  SECTION  SHALL  NOT  OTHERWISE AFFECT SUCH
 INMATE'S ELIGIBILITY TO PARTICIPATE IN ANY DEPARTMENT PROGRAM.
   § 6. Subdivision 7 of section 803 of the correction law, as  added  by
 section five of this act, is amended to read as follows:
   7.  The expiration of the minimum period of imprisonment, as set forth
 in paragraph (a) of subdivision one of section 70.40 of the  penal  law,
 paragraph  (a) of subdivision two of section two hundred fifty-nine-i of
 the executive law, and section eight hundred five of this article, shall
 be deemed to mean the minimum period of imprisonment reduced by any time
 allowance granted pursuant to subdivision [one-a] ONE-B of this section.
 The eligibility of an inmate to receive any time allowance  pursuant  to
 subdivision  [one-a]  ONE-B  of  this section shall not otherwise affect
 such inmate's eligibility to participate in any department program.
   § 7. Section 805 of the correction law, as amended by section  226  of
 chapter 322 of the laws of 2021, is amended to read as follows:
   § 805. Earned eligibility program. Persons committed to the custody of
 the  department under an indeterminate or determinate sentence of impri-
 sonment shall be assigned a work and treatment program as soon as  prac-
 ticable.  No  earlier than two months prior to the incarcerated individ-
 ual's eligibility to be paroled pursuant to subdivision one  of  section
 70.40  of  the penal law, the commissioner shall review the incarcerated
 individual's institutional record to determine whether  he  or  she  has
 complied  with the assigned program. If the commissioner determines that
 the incarcerated individual has successfully participated in the program
 he or she may issue the incarcerated individual a certificate of  earned
 eligibility. Notwithstanding any other provision of law, an incarcerated
 S. 3289                             3
 
 individual  who  is  serving  a sentence with a minimum term of not more
 than eight years and who has been issued a certificate of earned  eligi-
 bility,  shall be granted parole release at the expiration of his or her
 minimum term, OR WHERE APPLICABLE, AT THE EXPIRATION OF THE MINIMUM TERM
 REDUCED  BY ANY TIME ALLOWANCES, or as authorized by subdivision four of
 section eight hundred sixty-seven of this chapter unless  the  board  of
 parole  determines  that there is a reasonable probability that, if such
 incarcerated individual is released, he or she will not live and  remain
 at  liberty without violating the law and that his or her release is not
 compatible with the welfare of society. Any action by  the  commissioner
 pursuant  to  this section shall be deemed a judicial function and shall
 not be reviewable if done in accordance with law.
   § 8. Section 805 of the correction law, as amended by section 226-a of
 chapter 322 of the laws of 2021, is amended to read as follows:
   § 805. Earned eligibility program. Persons committed to the custody of
 the department under an indeterminate sentence of imprisonment shall  be
 assigned a work and treatment program as soon as practicable. No earlier
 than  two months prior to the expiration of an incarcerated individual's
 minimum period of imprisonment, the commissioner shall review the incar-
 cerated individual's institutional record to determine whether he or she
 has complied with the assigned program. If the  commissioner  determines
 that  the  incarcerated  individual has successfully participated in the
 program he or she may issue the incarcerated individual a certificate of
 earned eligibility. Notwithstanding  any  other  provision  of  law,  an
 incarcerated individual who is serving a sentence with a minimum term of
 not  more than six years and who has been issued a certificate of earned
 eligibility, shall be granted parole release at the expiration of his or
 her minimum term, OR WHERE APPLICABLE, AT THE EXPIRATION OF THE  MINIMUM
 TERM  REDUCED  BY  ANY  TIME ALLOWANCES, or as authorized by subdivision
 four of section eight hundred sixty-seven OF  THIS  CHAPTER  unless  the
 board  of parole determines that there is a reasonable probability that,
 if such incarcerated individual is released, he or she will not live and
 remain at liberty without violating the law and that his or her  release
 is not compatible with the welfare of society. Any action by the commis-
 sioner  pursuant to this section shall be deemed a judicial function and
 shall not be reviewable if done in accordance with law.
   § 9. 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  section  803 of the correction law made by sections one,
 three and five of this act shall be subject to the expiration and rever-
 sion of such section pursuant to section 74 of chapter 3 of the laws  of
 1995,  as  amended,  when upon such date the provisions of sections two,
 four and six of this act shall take effect; and provided further, howev-
 er, that the amendments to section 805 of the  correction  law  made  by
 section  seven of this act shall be subject to the expiration and rever-
 sion 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 eight of
 this act shall take effect.