Senate Bill S774

2023-2024 Legislative Session

Establishes the "earned time act"

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Sponsored By

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

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S774 (ACTIVE) - Details

See Assembly Version of this Bill:
A1128
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
Versions Introduced in 2021-2022 Legislative Session:
S7873, A8462

2023-S774 (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.

2023-S774 (ACTIVE) - Sponsor Memo

2023-S774 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    774
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sens. COONEY, BRISPORT, BROUK, CLEARE, COMRIE, GIANARIS,
   HOYLMAN, JACKSON, MAY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVE-
   DA -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02637-01-3

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wilsonresearch_usa
9 months ago

Day for day good time allowance for violent offenders (not to mention merit eligibility -and the fact that *may* is being changed to *shall* meaning that as long as you do your programs you SHALL get merit time) is ridiculous. Sentencing guidelines for violent offenders were written as they are according to the "Truth in sentencing" philosophy. An offender sentenced to, for example, 7 years and 5 years post release supervision - under current law- can earn 1 year "good time" and an additional 6 months for completing certain programs.
Judges, prosecutors, and the public intended and expected that individual to serve at least 5.5 years behind bars.
If the law passes as written, a 7+5 year sentence turns into 1.75 years in prison if the individual does their programs and doesnt get into big trouble.
unacceptable.
I do support increased incentives for all offenders, however, I do not believe violent offenders should be given same leniency as nonviolent.
Allowing violent offenders merit time is a good idea - many simply refuse programs during bid because the incentive to complete is almost nonexistent - 25% merit time allowance plus their 6/7ths good time seems much more fair than 50%+25%
thanks for listening

Anonymous
8 months ago

You think the correctional facilities are rehabilitating these people. All it does is make for better criminals. Not to mention criminals are in the corectional ranks. Be honest. The punishment rarely fits the cimes committed and there is no rehabilitation at all. Prisons make for worse criminals.

wilsonresearch_usa
7 months ago

I am being honest. I have spent quite a good deal of time in our state system. Much more needs to be done to allow criminals the chance at monitored rehabilitation for nonviolent crimes. The sad truth is, though, that a vast majority of people who are given such chances mess it up over and over again and end up going to jail anyway. You can say what you want, but call any Drug Court on the state and ask their success rate.
Yup, C.O.s can be truly sick mufs. No doubt. Prisons are nasty places all around because of the people on them. Thats why they get put there. Other people didnt want them around anymore and hopefully a little time out teaches them a lesson. helllooo.
Yes yes yes more needs to be done to help reintegrate and rehabilitate. Releasing someone, who lets say has realized his wrongs, and putting him in a flea bag shelter with $40 and no job and telling him to go to outpatient doesnt sound ideal for starting... but it can be done. Trust me. I hope to someday be able to offer people coming home a cheap place to stay away from drugs and scum and offer them a job day 1. Many people will grab for that. Needs to happen at the human level first, government wont do it for us.
Take away consequence though? no sir/maam/clam nobody changes without hitting a bottom and most people that end up in prison will manipulate and try to push every limit that gets set before them.
ya ya im sure there are people who got arrested and incarcerated for first thing they ever did wrong, but most are lifelong.
Maybe im wrong idk.
Like i said i support the increased opportunity for early release for non-violent offenders.
People who carry guns, assault, rob, etc? theres a good reason they get put away.

gem224095
8 months ago

The reality is that black and brown men are disproportionately arrested, convicted, and locked up because of the inherent classism and racism in the system. Sure some of them may be actual psychopaths who should be removed from society but the majority of them have unheard stories. 

I know a man who I will not name because he is currently in trial, who may be facing life for shooting and killing a man after having had a previous arrest for being in possession of guns. This man's unheard story is that he had been bullied his whole life and wanted protection and when someone attacked him, he was able to get a shot off that turned out fatal. He is using court-appointed lawyers because he cannot afford one and unfortunately will likely lose his case and face the max because he did not take a plea deal. 

On the other side are all the men who actually are completely innocent who take the plea deal because 1. They cannot afford the astronomical cost of going to trial and 2. They don't want to risk getting the max sentence with a court-appointed lawyer who really doesn't give a damn. 

And then you have the people who are labeled "violent" because NY goes very much against the constitutional idea of "innocent until proven guilty" and against the constitutional idea of what actually qualifies as "intent" and gives hard time to people who may be found just having a weapon near them for self-defense, even though they have never used it and had no preemptive plan to use it. What is legal in PA is considered a prison term in NY.

And let's throw in there the story of Israel Ayala who died in prison on May of 2023. Father of 2 incarcerated under a gun charge. His family wasn't even being notified of his ill-health until he finally died under the awful living conditions and medical provisions offered in there. Just one of 48 or more inmates who have died while incarcerated just this year. 

And lastly let's bring in the truly innocent, the children who have lost a parent to the system. These children become at risk of following in their parents' footsteps because of the resentment they develop towards the authority who took their parents away. 

Please don't throw a blanket over all of these stories. The system is messy and this bill can help some of those men and women earn their way home where they belong.

Timothycibarra
8 months ago

As a law abiding citizen, with no prior criminal history or convictions, I WHOLEHEARTEDLY SUPPORT this bill. Everyone deserves a chance at redemption. We must have faith in humanity. We must have hope and be the change we want to see. Incredible respect to the Senators who proposed the bill. I SUPPORT

Catana_Yehudah
7 months ago

Thank you for supporting this bill a lot of people don't understand that our people black brown white or whatever needs to be revamped and these jails don't do nothing but generate money for their population to feed their families they are treated like animals they are beating some even killed some come home with mental issues because of how these correction offices treat people in prison they're already away from their families they're already serving their time no they're not supposed to be treated like kings but they are not supposed to be treated like animals

Diane_Houghton
2 months ago

You are absolutely correct, 100%. The entire system in New York is a mess.

Diane_Houghton
2 months ago

Yes, I agree, with a few exceptions. I think serial killers and rapists, someone who has chopped up the bodies of their victims and I think we have to consider members of gangs on an individual basis. There are people who are a danger to others and they must be incarcerated. Serial killers and rapists may be better served in a mental health facility where they can be treated. We’re just not doing it right for anyone.

Mitchell__Ellingwood
6 months ago

I support increased good time opportunities for NON VIOLENT offenders and more widespread use of diversion court programs (i understand high failure rate, and as a felon myself I know that sometimes jail is only wake up call to change... or even to keep undesirables off street). However, I do not support the radical changes to good time allowances and addition of merit for violent offenders. The current sentencing structure for violent offences is based upon Truth in Sentencing philosophy. Judges and prosecutors and the expectations of society are that violent offenders get the sentence they are given in court. If the legislature wishes to remedy this, this bill is an inappropriate bandaid. I would rather see the complete reconstruction of sentencing guidelines.
As for those who view this as racial issue, what do you think should happen to "balance" the scales? Should law enforcement look for more white criminals to arrest or let more minority criminals get away with crime? I hope you dont think that there is a large innocent population in our prisons.

Anonymous
3 months ago

Attempted burglary is a violent felony. My brother rang a drug dealers doorbell, walked to the side of the house, looked in and touched a closed and locked window, and then turned and left. It was all caught on video surveillance, and he is serving a mandatory minimum of 5 years upstate, and is now a persistent violent felony offender. His FIRST was in 2004 at the age of 20 when he did 6 flat, 5 post. The second ever felony arrest was 15 years later in 2019. He then was out for 2 years, got clean, reunited his family, and is now dying of treatable cancer in NYSDOCCS because of his violent felony. No one was home or injured fitting the commission of either crime. Don’t assume that because someone is a “violent felon” they have committed a truly violent crime. What about his wife and kids. The children are the true victims. They’re all serving life altering sentences through no fault of their own.
Burglaries are violent because of the “potential” for violence. Am stamped burglary assumes that IF he was their to break in, and IF broke in to the house, and IF he intended to commit a crime and IF someone came home and IF they came home and IF he attacked them THENNNN he could possibly attempt to be potentially violent. Gone for 5 years, no chance of diversion programs predicate violent felon!!! It’s crazy!

Anonymous
6 months ago

I WHOLEHEARTEDLY SUPPORT THIS BILL.. MY SON HAS A VIOLENT CHARGE THEY RAILROADED HIM WITH 15 YEARS THEN PAROLE.. MY SON HAS NEVER HURT ANYONE IN HIS WHOLE LIFE HE'S ALL ABOUT LAW MY GOSH HE EVEN TRIED TO BE A POLICE OFFICER.. I MISS HIM EVERY SINGLE DAY HE DESERVES THE CHANCE TO COME HOME EARLY.. HE'S NOT A DRUG DEALER DRUG USER HE DOESN'T REALLY DRINK AND HE'S CERTAINLY NOT INTO GANG ACTIVITY HE'S BEEN BACK TO HIS NORMAL SELF EXTREMELY FRIENDLY AND POLITE TO EVERYONE.. WHAT CAUSED THE INCIDENT TO HAPPEN HAD TO DO WITH HIS MENTAL HEALTH BUT THE JUDGE NOR D.A SEEN THAT BECAUSE THEY DON'T KNOW HIM LIKE ME AND HIS DAD AND HIS FAMILY.. WHAT BROUGHT IT ON WAS THE FACT THAT HE WAS TORMENTED WHEN HE WAS YOUNG BY FAMILY MEMBERS AND THEN AT 12 HE WAS BULLIED.. THEY HARP SO MUCH NOWADAYS ON MENTAL HEALTH SINCE THE COVID BUT HE'S BEEN GONE FOR 7 YEARS HE DESERVES TO COME HOME AS WELL AS OTHERS ESPECIALLY IF THEIR CRIME WAS MUCH THE SAME.. DIDN'T MEAN IT HAVE REMORSE FROM IT AND NOT SITTING AROUND LAUGHING ABOUT IT NOR THINKING IT'S A JOKE NOW PEOPLE LIKE THAT I DON'T THINK THEY SHOULD HAVE THE CHANCE TO COME HOME BECAUSE THEY WILL DO IT AGAIN BECAUSE THOSE PEOPLE ARE TO ME MONSTERS.. MY SON IS NOT A MONSTER HE'S LIKE I SAID SOMEONE WHO CAN COME HOME AND BE PRODUCTIVE OUT HERE LIKE HE WAS BEFORE HE WENT IN.. HE WAS WORKING NOT GETTING IN ANY TROUBLE GRADUATED HIGH SCHOOL AND EVEN HAS SOME COLLEGE THAT HE ATTENDED.. NOT EVERYONE LOCKED UP IS A MONSTER OR PURE EVIL... JUST MY THOUGHTS PLEASE PASS THIS BILL FOR THE ONES THAT DESERVE IT TY...

Anonymous
6 months ago

FULL SUPPORT! I have a family member currently incarcerated who received 15 years and 20 years post for a he said/she said case with no evidence. He is a black man and was incarcerated by a white jury in a 96% white county. We live in Indiana, so I can't see him regularly.

My question though is what about the individuals who don't need any "programs?" He has an Associate's Degree, so doesn't need a GED. He doesn't need any trade training. He doesn't need any counseling. What then?

wantingprosperity
3 months ago

So, when does this go into effect ?when when can I go online to check when my loved one release date has changed?

D'Anna_Fuoco
2 months ago

It's probably best that you learn how to follow it here and you will be able to sign up for alerts, see for yourself the progress that it is making. There's a link on here that helps out.

https://www.nysenate.gov/how-bill-becomes-law

Follow the link to learn how the Senate and the Assembly work together to pass laws. Just remember, even though both chambers of the NY Legislature pass it, it doesn't get passed and go into effect until they put it on the Governors desk and she or he signs in2 law.

Ok, I hope that helps some. Take care.

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