Senate Bill S483

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    483
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 the limited credit
   time allowances for certain  incarcerated individuals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 1 of section 803-b of the
 correction law, as added by section 4 of part L of  chapter  56  of  the
 laws  of  2009,  clauses  (A) and (C) of subparagraph (ii) as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   (b) "limited credit time benefit" means:
   (i) in the case of an eligible offender who is subject to an  indeter-
 minate  sentence with a maximum term of life imprisonment, such offender
 shall be eligible  for  release  [six]  TWENTY-FOUR  months  before  the
 completion  of the controlling minimum period of imprisonment as defined
 by subdivision one of section 70.40 of the penal law; or
   (ii) (A) in the case of an eligible offender who is not subject to  an
 indeterminate  sentence  with  a maximum term of life imprisonment, such
 offender shall be eligible for  conditional  release  [six]  TWENTY-FOUR
 months  earlier  than as provided by paragraph (b) of subdivision one of
 section 70.40 of the penal law, provided that the department  determines
 such  offender  has  earned  the  full amount of good time authorized by
 section eight hundred three of this article; the withholding of any good
 behavior time credit by the  department  shall  render  an  incarcerated
 individual ineligible for the credit defined herein;
   (B) in the event the limited credit time benefit defined herein causes
 such  conditional release date to precede the parole eligibility date as
 calculated pursuant to subdivision one of section  70.40  of  the  penal
 law,  a  limited credit time benefit shall also be applied to the parole
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00650-01-3
 S. 483                              2
              

 
 eligibility date, but only to the extent necessary to cause such  parole
 eligibility date to be the same date as the conditional release date;
   (C)  an  incarcerated  individual shall not be eligible for the credit
 defined herein if he or she is returned to the department pursuant to  a
 revocation of presumptive release, parole, conditional release, or post-
 release supervision and has not been sentenced to an additional indeter-
 minate or determinate term of imprisonment.
   (iii)  Regardless  of  the  number  of  sentences to which an eligible
 offender is subject, the limited credit time benefit authorized pursuant
 to this section shall be limited to a  single  [six-month]  TWENTY-FOUR-
 MONTH  credit  applied to such person's parole eligibility date pursuant
 to subparagraph (i) of this paragraph or to  such  person's  conditional
 release  date pursuant to subparagraph (ii) of this paragraph. Except as
 provided in clause (B) of  subparagraph  (ii)  of  this  paragraph,  the
 limited  credit  time  benefit authorized pursuant to this section shall
 not be applied to an eligible offender's  parole  eligibility  date  and
 conditional release date.
   § 2. This act shall take effect immediately.