Bill Text: NY A02484 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes merit time allowance credits and certain administrative privileges credits for local correctional facilities for eligible inmates.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.110 [A02484 Detail]
Download: New_York-2019-A02484-Introduced.html
Bill Title: Establishes merit time allowance credits and certain administrative privileges credits for local correctional facilities for eligible inmates.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.110 [A02484 Detail]
Download: New_York-2019-A02484-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2484 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on 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: 1 Section 1. The correction law is amended by adding a new article 24-A 2 to read as follows: 3 ARTICLE 24-A 4 MERIT TIME ALLOWANCE CREDITS AND CERTAIN ADMINISTRATIVE 5 PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL FACILITIES 6 Section 810. Definitions. 7 811. Merit time allowance credit accrual and application. 8 812. Forfeiture of merit time allowance credit. 9 813. Certain administrative privileges credits for ineligible 10 inmates. 11 814. Record keeping. 12 § 810. Definitions. As used in this article, the following terms shall 13 have the following meanings: 14 1. "Credit" means a reduction of twenty-four hours in the amount of 15 time an inmate must serve in a correctional facility on the inmate's 16 sentence upon conviction; and 17 2. "Eligible inmate" means an inmate in the custody of the sheriff of 18 a local correctional facility who is serving one or more definite 19 sentences of one year or less or who is detained pending trial, sentence 20 or other disposition and who participates in the merit time allowance 21 credit program established pursuant to this article, provided that such 22 inmate is not convicted on the instant charges of an A-1 felony offense, 23 other than an A-1 felony offense defined within article two hundred 24 twenty of the penal law, a violent felony offense as defined in section 25 70.02 of the penal law, manslaughter in the second degree, vehicular 26 manslaughter in the second degree, vehicular manslaughter in the first 27 degree, criminally negligent homicide, any offense defined in article EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01764-01-9A. 2484 2 1 one hundred thirty of the penal law, incest, any offense defined in 2 article two hundred sixty-three of the penal law, or aggravated harass- 3 ment of an employee by an inmate. 4 § 811. Merit time allowance credit accrual and application. 1. Upon 5 successful participation, including active involvement, satisfactory 6 attendance and compliance with program requirements, as reasonably 7 determined by the sheriff, in an educational, vocational, work, or reha- 8 bilitative program approved for credit by the sheriff, an eligible 9 inmate shall accrue credits applied to his or her sentence in the same 10 manner as jail time credit pursuant to subdivision three of section 11 70.30 of the penal law in accordance with the following schedule: 12 (a) one credit shall accrue for every four days in which the inmate 13 successfully participates in the program if the inmate's highest crime 14 of conviction for the sentence to which the credit will apply is a 15 violation offense; 16 (b) one credit shall accrue for every nine days in which the inmate 17 successfully participates in the program if the highest crime of 18 conviction for the sentence to which the credit will apply is a misde- 19 meanor offense; and 20 (c) one credit shall accrue for every fifteen days in which the inmate 21 successfully participates in the program if the highest crime of 22 conviction for the sentence to which the credit will apply is a felony 23 offense. 24 2. Accrued credits shall, in accordance with this section, be applied 25 against an eligible inmate's sentence or, if pre-trial, against the 26 sentence ultimately imposed, and shall diminish the inmate's period of 27 imprisonment according to the schedule set forth in subdivision one of 28 this section; provided, however, that if the inmate is convicted of a 29 crime that renders him or her ineligible to receive merit time allowance 30 credit under this article, any such credits accrued shall be considered 31 administrative privileges credits pursuant to section eight hundred 32 thirteen of this article. 33 3. If an eligible inmate accrues credits pursuant to paragraph (c) of 34 subdivision one of this section during a period of pre-trial or pre-sen- 35 tence detention for a felony offense, and is later convicted of and 36 sentenced to a period of imprisonment in a state correctional facility 37 for such a felony offense, the credits accrued by the inmate shall be 38 applied by the department as additional jail time credit pursuant to 39 subdivision three of section 70.30 of the penal law to the sentence 40 served by the inmate for such felony offense. 41 4. An inmate who is not eligible to participate in the merit time 42 allowance credit program established by this article may, in the 43 discretion of the sheriff, nonetheless be permitted to participate in an 44 administrative privileges credit program pursuant to section eight 45 hundred thirteen of this article. 46 5. All participation by an inmate in the merit time allowance credit 47 program and administrative privileges credit program is voluntary. 48 Except in administrative proceedings concerning the inmate's opportunity 49 to participate in, or continue to participate in, such a voluntary 50 program administered by a correctional facility, evidence of an inmate's 51 failure to successfully participate in or complete a merit time allow- 52 ance credit program or administrative privileges credit program, pursu- 53 ant to this article, shall not be admissible against the inmate, 54 provided, however, that the inmate may present information concerning 55 successful participation for the purposes of mitigation, where relevant, 56 in any court or proceeding. Upon admission to a local correctionalA. 2484 3 1 facility, each inmate shall be notified by the sheriff, in writing, of 2 the existence, criteria and rules governing participation in the merit 3 time allowance credit program. 4 § 812. Forfeiture of merit time allowance credit. 1. Any merit time 5 allowance credit accrued pursuant to the program established pursuant to 6 this article may, after notice and an opportunity to be heard, be with- 7 held, forfeited or cancelled in whole or in part for bad behavior, 8 violation of institutional rules or failure to participate successfully 9 in the program. The sheriff shall notify the inmate promptly in writing 10 of the reasons for any such determination. 11 2. An inmate who loses a merit time allowance credit pursuant to 12 subdivision one of this section is eligible for subsequent participation 13 in a merit time allowance credit program at the discretion of the sher- 14 iff. 15 § 813. Certain administrative privileges credits for ineligible 16 inmates. 1. Any inmate not eligible to receive a merit time allowance 17 credit pursuant to this article may nonetheless accrue administrative 18 privileges credits, in a manner consistent with the accrual schedule set 19 forth in subdivision one of section eight hundred eleven of this arti- 20 cle, provided that such administrative privileges credits shall only 21 apply toward obtaining certain administrative privileges, pursuant to a 22 lawful program established and administered by the sheriff, at the sher- 23 iff's discretion. Upon admission to a local correctional facility, each 24 inmate shall be notified by the sheriff, in writing, of the existence, 25 criteria and rules governing participation in the administrative privi- 26 leges credit program. Eligible inmates may also receive such adminis- 27 trative privileges credits. 28 2. Administrative privileges credits accrued pursuant to this section 29 shall be applied, at the request of the inmate and with consent of the 30 sheriff, toward privileges not generally accorded to the general popu- 31 lation of inmates at the local correctional facility. The rules govern- 32 ing participation in the program shall describe in detail the types of 33 privileges to which such credits may be applied and the number of cred- 34 its required for each type. 35 § 814. Record keeping. A contemporaneous record shall be kept by the 36 sheriff of all merit time allowance credits and administrative privi- 37 leges credits an inmate accrues pursuant to this article. In any case 38 where the sheriff has the duty to deliver an inmate to the custody of 39 the department, or a sheriff or similar department in another jurisdic- 40 tion, whether under an order of sentence and commitment or otherwise, 41 the sheriff shall also deliver to the state correctional facility, sher- 42 iff or similar department to which the inmate is delivered, and to the 43 inmate, a certified record of merit time allowance credits accrued by 44 the inmate. 45 § 2. Subdivision 3 of section 70.30 of the penal law, as amended by 46 chapter 3 of the laws of 1995, the opening paragraph as amended by chap- 47 ter 1 of the laws of 1998, is amended to read as follows: 48 3. Jail time. The term of a definite sentence, a determinate sentence, 49 or the maximum term of an indeterminate sentence imposed on a person 50 shall be credited with and diminished by the amount of time the person 51 spent in custody prior to the commencement of such sentence as a result 52 of the charge that culminated in the sentence. In the case of an inde- 53 terminate sentence, if the minimum period of imprisonment has been fixed 54 by the court or by the board of parole, the credit shall also be applied 55 against the minimum period. The credit herein provided shall be calcu- 56 lated from the date custody under the charge commenced to the date theA. 2484 4 1 sentence commences and shall not include any time that is credited 2 against the term or maximum term of any previously imposed sentence or 3 period of post-release supervision to which the person is subject. The 4 credit herein provided shall also include any additional merit time 5 allowance credit accrued in a local correctional facility pursuant to 6 article twenty-four-A of the correction law. Where the charge or charges 7 culminate in more than one sentence, the credit shall be applied as 8 follows: 9 (a) If the sentences run concurrently, the credit shall be applied 10 against each such sentence; 11 (b) If the sentences run consecutively, the credit shall be applied 12 against the aggregate term or aggregate maximum term of the sentences 13 and against the aggregate minimum period of imprisonment. 14 In any case where a person has been in custody due to a charge that 15 culminated in a dismissal or an acquittal, the amount of time that would 16 have been credited against a sentence for such charge, had one been 17 imposed, shall be credited against any sentence that is based on a 18 charge for which a warrant or commitment was lodged during the pendency 19 of such custody. 20 § 3. Subdivision 3 of section 70.30 of the penal law, as amended by 21 chapter 648 of the laws of 1979, the opening paragraph as separately 22 amended by chapter 1 of the laws of 1998, is amended to read as follows: 23 3. Jail time. The term of a definite sentence or the maximum term of 24 an indeterminate sentence imposed on a person shall be credited with and 25 diminished by the amount of time the person spent in custody prior to 26 the commencement of such sentence as a result of the charge that culmi- 27 nated in the sentence. In the case of an indeterminate sentence, if the 28 minimum period of imprisonment has been fixed by the court or by the 29 board of parole, the credit shall also be applied against the minimum 30 period. The credit herein provided shall be calculated from the date 31 custody under the charge commenced to the date the sentence commences 32 and shall not include any time that is credited against the term or 33 maximum term of any previously imposed sentence or period of post-re- 34 lease supervision to which the person is subject. The credit herein 35 provided shall also include any additional merit time allowance credit 36 accrued in a local correctional facility pursuant to article twenty- 37 four-A of the correction law. Where the charge or charges culminate in 38 more than one sentence, the credit shall be applied as follows: 39 (a) If the sentences run concurrently, the credit shall be applied 40 against each such sentence; 41 (b) If the sentences run consecutively, the credit shall be applied 42 against the aggregate term or aggregate maximum term of the sentences 43 and against the aggregate minimum period of imprisonment. 44 In any case where a person has been in custody due to a charge that 45 culminated in a dismissal or an acquittal, the amount of time that would 46 have been credited against a sentence for such charge, had one been 47 imposed, shall be credited against any sentence that is based on a 48 charge for which a warrant or commitment was lodged during the pendency 49 of such custody. 50 § 4. This act shall take effect on the first of November next succeed- 51 ing the date on which it shall have become a law; provided that the 52 amendments to subdivision 3 of section 70.30 of the penal law made by 53 section two of this act shall be subject to the expiration and reversion 54 of such subdivision pursuant to subdivision d of section 74 of chapter 3 55 of the laws of 1995, as amended, when upon such date the provisions of 56 section three of this act shall take effect.
