Bill Text: NY A02794 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for granting of merit time allowance and release for prisoners with good behavior with certain limitations; provides commissioner of correctional services shall promulgate rules and regulations for merit time allowance to determine which inmates are good candidates for release.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - referred to correction [A02794 Detail]
Download: New_York-2011-A02794-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2794 2011-2012 Regular Sessions I N A S S E M B L Y January 20, 2011 ___________ Introduced by M. of A. CLARK, GIBSON -- read once and referred to the Committee on Correction AN ACT to amend the correction law, the executive law and the penal law, in relation to merit time allowance and release for prisoners accumu- lating merit time allowance and to repeal certain provisions of the correction law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. It is the purpose of this act to 2 strengthen the ability of the department of correctional services to 3 better manage its inmate population through the granting or withholding 4 of merit time allowance credits. This new system seeks to prevent the 5 early conditional release of ill-prepared inmates, while offering 6 release only to those inmates who have demonstrated a willingness and 7 ability to work in society through completion of therapeutic and treat- 8 ment programs prescribed by the department of correctional services. 9 S 2. Section 803 of the correction law is REPEALED and a new section 10 803 is added to read as follows: 11 S 803. MERIT TIME ALLOWANCE AGAINST INDETERMINATE AND DETERMINATE 12 SENTENCES. 1. (A) EVERY PERSON CONFINED IN AN INSTITUTION OF THE DEPART- 13 MENT OR A FACILITY IN THE DEPARTMENT OF MENTAL HYGIENE SERVING AN INDE- 14 TERMINATE OR DETERMINATE SENTENCE OF IMPRISONMENT, EXCEPT A PERSON SERV- 15 ING A SENTENCE WITH A MAXIMUM TERM OF LIFE IMPRISONMENT, MAY RECEIVE 16 TIME ALLOWANCES AGAINST HIS OR HER SENTENCE IMPOSED BY THE COURT. SUCH 17 ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFICIENT AND WILLING 18 PERFORMANCE OF DUTIES ASSIGNED OR PROGRESS AND ACHIEVEMENT IN AN 19 ASSIGNED TREATMENT OR EDUCATION PROGRAM, AND MAY BE WITHHELD IN WHOLE OR 20 IN PART FOR BAD BEHAVIOR, VIOLATION OF INSTITUTIONAL RULES OR FAILURE TO 21 PERFORM PROPERLY IN THE DUTIES OR PROGRAM ASSIGNED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06562-01-1 A. 2794 2 1 (B) A PERSON SERVING AN INDETERMINATE SENTENCE OF IMPRISONMENT MAY 2 RECEIVE TIME ALLOWANCE AGAINST THE MAXIMUM TERM OF HIS SENTENCE NOT TO 3 EXCEED ONE-THIRD OF THE MAXIMUM TERM IMPOSED BY THE COURT. 4 (C) A PERSON SERVING A DETERMINATE SENTENCE OF IMPRISONMENT MAY 5 RECEIVE TIME ALLOWANCE AGAINST THE TERM OF HIS SENTENCE NOT TO EXCEED 6 ONE-SEVENTH OF THE TERM IMPOSED BY THE COURT. 7 (D) A PERSON SERVING AN INDETERMINATE SENTENCE OF IMPRISONMENT MAY 8 RECEIVE MERIT TIME ALLOWANCES AGAINST THE MAXIMUM AND MINIMUM TERMS OR 9 PERIOD OF HIS OR HER SENTENCE NOT TO EXCEED IN THE AGGREGATE ONE-THIRD 10 OF THE TERM OR PERIOD IMPOSED BY THE COURT. 11 (E) A PERSON SERVING A DETERMINATE SENTENCE OF IMPRISONMENT MAY 12 RECEIVE A MERIT TIME ALLOWANCE AGAINST THE TERM OF HIS OR HER SENTENCE 13 NOT TO EXCEED ONE-THIRD OF THE TERM IMPOSED BY THE COURT. 14 (F) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, 15 EVERY PERSON UNDER THE CUSTODY OF THE DEPARTMENT OR CONFINED IN A FACIL- 16 ITY IN THE DEPARTMENT OF MENTAL HYGIENE SERVING AN INDETERMINATE 17 SENTENCE OF IMPRISONMENT WITH A MINIMUM PERIOD OF ONE YEAR OR MORE OR A 18 DETERMINATE SENTENCE OF IMPRISONMENT OF ONE YEAR OR MORE IMPOSED PURSU- 19 ANT TO SECTION 70.70 OR 70.71 OF THE PENAL LAW, MAY EARN A MERIT TIME 20 ALLOWANCE. 21 (II) SUCH MERIT TIME ALLOWANCE SHALL NOT BE AVAILABLE TO ANY PERSON 22 SERVING A SENTENCE IMPOSED FOR A VIOLENT FELONY OFFENSE AS DEFINED IN 23 SECTION 70.02 OF THE PENAL LAW. 24 (III) SUCH MERIT TIME ALLOWANCE MAY BE GRANTED WHEN AN INMATE SUCCESS- 25 FULLY PARTICIPATES IN THE WORK AND TREATMENT PROGRAM ASSIGNED PURSUANT 26 TO SECTION EIGHT HUNDRED FIVE OF THIS ARTICLE AND WHEN SUCH INMATE 27 OBTAINS A GENERAL EQUIVALENCY DIPLOMA, AN ALCOHOL AND SUBSTANCE ABUSE 28 TREATMENT CERTIFICATE, A VOCATIONAL TRADE CERTIFICATE FOLLOWING AT LEAST 29 SIX MONTHS OF VOCATIONAL PROGRAMMING OR PERFORMS AT LEAST FOUR HUNDRED 30 HOURS OF SERVICE AS PART OF A COMMUNITY WORK CREW. SUCH ALLOWANCE SHALL 31 BE WITHHELD FOR ANY SERIOUS DISCIPLINARY INFRACTION. 32 2. IF A PERSON IS SERVING MORE THAN ONE SENTENCE, THE AUTHORIZED 33 ALLOWANCES MAY BE GRANTED SEPARATELY AGAINST THE MAXIMUM, MINIMUM AND 34 DETERMINATE TERMS OF EACH SENTENCE OR, WHERE CONSECUTIVE SENTENCES ARE 35 INVOLVED, AGAINST THE AGGREGATED MAXIMUM, MINIMUM AND DETERMINATE TERMS. 36 IN NO CASE, HOWEVER, SHALL THE TOTAL OF ALL ALLOWANCES GRANTED TO ANY 37 SUCH PERSON UNDER THIS SECTION EXCEED ONE-THIRD OF THE MAXIMUM TIME HE 38 OR SHE WOULD BE REQUIRED TO SERVE, COMPUTED WITHOUT REGARD TO THIS 39 SECTION. NO MERIT TIME ALLOWANCE SHALL DECREASE THE MINIMUM TERM TO LESS 40 THAN ONE YEAR. 41 3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE 42 GRANTING AND WITHHOLDING OF MERIT TIME ALLOWANCES AUTHORIZED BY THIS 43 SECTION IN ACCORDANCE WITH THE CRITERIA SPECIFIED IN THIS SECTION. SUCH 44 RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESIGNATING A MERIT TIME 45 ALLOWANCE COMMITTEE IN EACH CORRECTIONAL INSTITUTION DELEGATED TO MAKE 46 DISCRETIONARY DETERMINATIONS WITH RESPECT TO THE ALLOWANCES, THE BOOKS 47 AND RECORDS TO BE KEPT, AND A PROCEDURE FOR REVIEW OF THE INSTITUTIONAL 48 DETERMINATIONS BY THE COMMISSIONER. SUCH COMMITTEE SHALL REVIEW THE 49 RECORD OF EACH INDIVIDUAL INMATE EVERY SIX MONTHS BEGINNING FROM THE 50 DATE OF HIS OR HER ENTRANCE AT SUCH INSTITUTION. THE COMMITTEE SHALL 51 THEN DETERMINE, BASED ON THE FACTORS FOR WHICH ALLOWANCE TIME IS GRANT- 52 ED, WHETHER OR NOT TO GRANT ALLOWANCE TIME TO THE INMATE. FOR EACH SIX 53 MONTH REVIEW PERIOD, AN INMATE MAY BE GRANTED MERIT TIME WHICH MAY 54 REDUCE BY UP TO ONE-THIRD AN INMATE'S MINIMUM OR DETERMINATE SENTENCE 55 FOR THAT SIX MONTH REVIEW PERIOD. IF AN INMATE IS NOT GRANTED MERIT TIME 56 FOR THE SIX MONTH REVIEW PERIOD, HE OR SHE CANNOT EARN ADDITIONAL MERIT A. 2794 3 1 TIME IN ANY SUBSEQUENT SIX MONTH REVIEW PERIOD TO MAKE UP FOR MERIT TIME 2 WHICH HAS NOT BEEN GRANTED. ADDITIONALLY, AN INMATE WHO HAS BEEN GRANTED 3 MERIT TIME DURING A SIX MONTH REVIEW PERIOD SHALL NOT LOSE SUCH MERIT 4 TIME DURING A SUBSEQUENT SIX MONTH REVIEW PERIOD FOR BAD BEHAVIOR, 5 VIOLATION OF INSTITUTIONAL RULES OR FAILURE TO PERFORM PROPERLY IN THE 6 DUTIES OR PROGRAM ASSIGNED. 7 4. ALL MERIT TIME ALLOWANCES EARNED PURSUANT TO THIS SECTION SHALL BE 8 VESTED, ON A ONE DAY FOR EVERY THREE DAYS BASIS, EXCEPT AS MODIFIED BY 9 OTHER PROVISIONS OF THIS CHAPTER. 10 5. MERIT TIME ALLOWANCES GRANTED PRIOR TO ANY RELEASE ON PAROLE OR TO 11 POST-RELEASE SUPERVISION SHALL BE FORFEITED AND SHALL NOT BE RESTORED IF 12 THE FORMERLY INCARCERATED INDIVIDUAL IS RETURNED TO AN INSTITUTION UNDER 13 THE JURISDICTION OF THE DEPARTMENT FOR VIOLATION OF PAROLE OR POST-RE- 14 LEASE SUPERVISION BY REASON OF A CONVICTION FOR A CRIME COMMITTED WHILE 15 ON PAROLE OR POST-RELEASE SUPERVISION. A PERSON WHO IS SO RETURNED MAY, 16 HOWEVER, SUBSEQUENTLY RECEIVE MERIT TIME ALLOWANCES AGAINST THE REMAIN- 17 ING PORTION OF HIS OR HER MAXIMUM OR AGGREGATE MAXIMUM TERM OR PERIOD 18 NOT TO EXCEED IN THE AGGREGATE ONE-THIRD OF SUCH PORTION PROVIDED SUCH 19 REMAINING PORTION OF HIS OR HER MAXIMUM OR AGGREGATE MAXIMUM TERM OR 20 PERIOD IS MORE THAN ONE YEAR. 21 6. UPON COMMENCEMENT OF AN INDETERMINATE OR DETERMINATE SENTENCE THE 22 PROVISIONS OF THIS SECTION SHALL BE FURNISHED TO THE PERSON SERVING THE 23 SENTENCE AND THE MEANING OF SAME SHALL BE FULLY EXPLAINED TO HIM OR HER 24 BY A PERSON DESIGNATED BY THE COMMISSIONER TO PERFORM SUCH DUTY. 25 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER MERIT TIME 26 ALLOWANCE IS CLAIMED AGAINST THE MINIMUM TERM OR PERIOD OF IMPRISONMENT, 27 IT SHALL SERVE ONLY TO ALLOW SUCH PERSON, IN THE SOLE DISCRETION OF THE 28 STATE PAROLE BOARD, TO BE RELEASED ON PAROLE. WHENEVER MERIT TIME ALLOW- 29 ANCE IS CLAIMED AGAINST THE MAXIMUM TERM OR PERIOD OF IMPRISONMENT, AND 30 THE MAXIMUM TERM LESS ACCUMULATED MERIT TIME ALLOWANCE CREDITS EQUALS 31 THE PERSON'S TIME SERVED, SUCH PERSON SHALL BE RELEASED TO PAROLE SUPER- 32 VISION. WHENEVER MERIT TIME ALLOWANCE IS CLAIMED AGAINST THE TERM OF A 33 DETERMINATE SENTENCE, AND THE DETERMINATE TERM LESS ACCUMULATED MERIT 34 TIME ALLOWANCE CREDITS EQUALS THE INDIVIDUAL'S TIME SERVED, SUCH INDI- 35 VIDUAL SHALL BE RELEASED TO POST-RELEASE SUPERVISION. 36 8. EVERY PERSON EXCEPT THOSE EXCLUDED PURSUANT TO SUBDIVISION ONE OF 37 THIS SECTION WHO IS INCARCERATED ON THE EFFECTIVE DATE OF THIS SUBDIVI- 38 SION SHALL BE ENTITLED TO NO MORE THAN ONE MONTH OF MERIT TIME ALLOWANCE 39 FOR EVERY THREE MONTHS SERVED TO BE CREDITED AGAINST THE MINIMUM, MAXI- 40 MUM AND DETERMINATE TERMS OR PERIODS OF IMPRISONMENT. THE AMOUNT OF 41 CREDITS ACTUALLY AWARDED SHALL BE DETERMINED BY THE MERIT TIME ALLOWANCE 42 COMMITTEE AND APPLIED RETROACTIVELY STARTING FROM THE FIRST DAY OF THE 43 CURRENT INCARCERATION. EVERY PERSON WHO IS INCARCERATED ON THE EFFECTIVE 44 DATE OF THIS SUBDIVISION, AND WHO HAS ALREADY SERVED HIS OR HER MINIMUM 45 TERM, SHALL BE EVALUATED RETROACTIVELY FOR EARNED ELIGIBILITY CERTIF- 46 ICATION. IN THAT CASE AN IMMEDIATE PAROLE BOARD HEARING SHALL GIVE FULL 47 CONSIDERATION TO THE MERIT TIME ACCUMULATED. 48 S 3. Paragraph (a) of subdivision 2 of section 259-i of the executive 49 law, as separately amended by section 11 of part E and section 9 of part 50 F of chapter 62 of the laws of 2003, is amended to read as follows: 51 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at 52 least one month prior to the date on which an inmate may be paroled 53 pursuant to subdivision one of section 70.40 of the penal law LESS ANY 54 ACCUMULATED MERIT TIME ALLOWANCE CREDITS, a member or members as deter- 55 mined by the rules of the board shall personally interview such inmate 56 and determine whether he OR SHE should be paroled in accordance with the A. 2794 4 1 guidelines adopted pursuant to subdivision four of section two hundred 2 fifty-nine-c of this article. If parole is not granted upon such review, 3 the inmate shall be informed in writing within two weeks of such appear- 4 ance of the factors and reasons for such denial of parole. Such reasons 5 shall be given in detail and not in conclusory terms. The board shall 6 specify a date not more than twenty-four months from such determination 7 for reconsideration, and the procedures to be followed upon reconsider- 8 ation shall be the same. If the inmate is released, he OR SHE shall be 9 given a copy of the conditions of parole OR POST-RELEASE SUPERVISION. 10 Such conditions shall where appropriate, include a requirement that the 11 [parolee] FORMERLY INCARCERATED INDIVIDUAL comply with any restitution 12 order, mandatory surcharge, sex offender registration fee and DNA data- 13 bank fee previously imposed by a court of competent jurisdiction that 14 applies to [the parolee] SUCH INDIVIDUAL. The board of parole OR THE 15 POST-RELEASE SUPERVISOR shall indicate which restitution collection 16 agency established under subdivision eight of section 420.10 of the 17 criminal procedure law, shall be responsible for collection of restitu- 18 tion, mandatory surcharge, sex offender registration fees and DNA data- 19 bank fees as provided for in section 60.35 of the penal law and section 20 eighteen hundred nine of the vehicle and traffic law. 21 (ii) Any inmate who is scheduled for presumptive release pursuant to 22 section eight hundred six of the correction law shall not appear before 23 the parole board as provided in subparagraph (i) of this paragraph 24 unless such inmate's scheduled presumptive release is forfeited, 25 canceled, or rescinded subsequently as provided in such law. In such 26 event, the inmate shall appear before the parole board for release 27 consideration as provided in subparagraph (i) of this paragraph as soon 28 thereafter as is practicable. 29 S 4. Paragraph (a) of subdivision 2 of section 259-i of the executive 30 law, as amended by chapter 396 of the laws of 1987, is amended to read 31 as follows: 32 (a) At least one month prior to the expiration of the minimum period 33 or periods of imprisonment fixed by the court or board, LESS ANY ACCUMU- 34 LATED MERIT TIME ALLOWANCE CREDITS, a member or members as determined by 35 the rules of the board shall personally interview an inmate serving an 36 indeterminate sentence and determine whether he OR SHE should be paroled 37 at the expiration of the minimum period or periods in accordance with 38 the guidelines adopted pursuant to subdivision four of section two 39 hundred fifty-nine-c OF THIS ARTICLE. If parole is not granted upon 40 such review, the inmate shall be informed in writing within two weeks of 41 such appearance of the factors and reasons for such denial of parole. 42 Such reasons shall be given in detail and not in conclusory terms. The 43 board shall specify a date not more than twenty-four months from such 44 determination for reconsideration, and the procedures to be followed 45 upon reconsideration shall be the same. If the inmate is released, he OR 46 SHE shall be given a copy of the conditions of parole OR POST-RELEASE 47 SUPERVISION. Such conditions shall where appropriate, include a 48 requirement that the [parolee] FORMALLY INCARCERATED INDIVIDUAL comply 49 with any restitution order and mandatory surcharge previously imposed by 50 a court of competent jurisdiction that applies to [the parolee] SUCH 51 INDIVIDUAL. The board of parole OR POST-RELEASE SUPERVISOR shall indi- 52 cate which restitution collection agency established under subdivision 53 eight of section 420.10 of the criminal procedure law, shall be respon- 54 sible for collection of restitution and mandatory surcharge as provided 55 for in section 60.35 of the penal law and section eighteen hundred nine 56 of the vehicle and traffic law. A. 2794 5 1 S 5. Paragraph (c) of subdivision 2 of section 259-i of the executive 2 law, as separately amended by chapters 40 and 126 of the laws of 1999 3 and subparagraph (A) as amended by section 12 of part AAA of chapter 56 4 of the laws of 2009, is amended to read as follows: 5 (c) [(A)] (I) Discretionary release on parole shall not be granted 6 merely as a reward for good conduct or efficient performance of duties 7 while confined but after considering if there is a reasonable probabili- 8 ty that, if such inmate is released, he OR SHE will live and remain at 9 liberty without violating the law, and that [his] SUCH release is not 10 incompatible with the welfare of society and will not so deprecate the 11 seriousness of his OR HER crime as to undermine respect for law. In 12 making the parole release decision, the guidelines adopted pursuant to 13 subdivision four of section two hundred fifty-nine-c of this article 14 shall require that the following be considered: (i) the institutional 15 record including program goals and accomplishments, academic achieve- 16 ments, vocational education, training or work assignments, therapy and 17 interpersonal relationships with staff and inmates AND THE RECOMMENDA- 18 TIONS OF THE APPROPRIATE MERIT TIME ALLOWANCE COMMITTEE ESTABLISHED 19 UNDER SUBDIVISION THREE OF SECTION EIGHT HUNDRED THREE OF THE CORRECTION 20 LAW; (ii) performance, if any, as a participant in a temporary release 21 program; (iii) release plans including community resources, employment, 22 education and training and support services available to the inmate; 23 (iv) any deportation order issued by the federal government against the 24 inmate while in the custody of the department of correctional services 25 and any recommendation regarding deportation made by the commissioner of 26 the department of correctional services pursuant to section one hundred 27 forty-seven of the correction law; (v) any statement made to the board 28 by the crime victim or the victim's representative, where the crime 29 victim is deceased or is mentally or physically incapacitated; and (vi) 30 the length of the determinate sentence to which the inmate would be 31 subject had he or she received a sentence pursuant to section 70.70 or 32 section 70.71 of the penal law for a felony defined in article two 33 hundred twenty or article two hundred twenty-one of the penal law. The 34 board shall provide toll free telephone access for crime victims. In the 35 case of an oral statement made in accordance with subdivision one of 36 section 440.50 of the criminal procedure law, the parole board member 37 shall present a written report of the statement to the parole board. A 38 crime victim's representative shall mean the crime victim's closest 39 surviving relative, the committee or guardian of such person, or the 40 legal representative of any such person. Such statement submitted by the 41 victim or victim's representative may include information concerning 42 threatening or intimidating conduct toward the victim, the victim's 43 representative, or the victim's family, made by the person sentenced and 44 occurring after the sentencing. Such information may include, but need 45 not be limited to, the threatening or intimidating conduct of any other 46 person who or which is directed by the person sentenced. Notwithstanding 47 the provisions of this section, in making the parole release decision 48 for persons whose minimum period of imprisonment was not fixed pursuant 49 to the provisions of subdivision one of this section, in addition to the 50 factors listed in this paragraph the board shall consider the factors 51 listed in paragraph (a) of subdivision one of this section. 52 [(B)] (II) Where a crime victim or victim's representative as defined 53 in subparagraph [(A)] (I) of this paragraph, or other person submits to 54 the parole board a written statement concerning the release of an 55 inmate, the parole board shall keep that individual's name and address 56 confidential. A. 2794 6 1 S 6. Subparagraphs (ii), (iii) and (iv) of paragraph (a) of subdivi- 2 sion 1 of section 70.40 of the penal law, as amended by chapter 3 of the 3 laws of 1995, are amended to read as follows: 4 (ii) A person who is serving one or more than one determinate sentence 5 of imprisonment IN ACCORDANCE WITH SECTION 70.02 OF THIS ARTICLE shall 6 be ineligible for discretionary release on parole. 7 (iii) A person who is serving one or more than one indeterminate 8 sentence of imprisonment and one or more than one determinate sentence 9 of imprisonment which run concurrently may be paroled at any time after 10 the expiration of the minimum period of imprisonment of the indetermi- 11 nate sentence or sentences, or upon the expiration of [six-sevenths] 12 TWO-THIRDS of the term of imprisonment of the determinate sentence or 13 sentences, whichever is later. 14 (iv) A person who is serving one or more than one indeterminate 15 sentence of imprisonment and one or more than one determinate sentence 16 of imprisonment which run consecutively may be paroled at any time after 17 the expiration of the sum of the minimum or aggregate minimum period of 18 the indeterminate sentence or sentences and [six-sevenths] TWO-THIRDS of 19 the term or aggregate term of imprisonment of the determinate sentence 20 or sentences. 21 S 7. Paragraph (b) of subdivision 1 of section 70.40 of the penal law, 22 as amended by chapter 1 of the laws of 1998, is amended to read as 23 follows: 24 (b) A person who is serving one or more than one indeterminate or 25 determinate sentence of imprisonment shall, if he so requests, be condi- 26 tionally released from the institution in which he is confined when the 27 total good behavior time allowed to him, pursuant to the provisions of 28 the correction law, is equal to the unserved portion of his term, maxi- 29 mum term or aggregate maximum term; provided, however, that (i) in no 30 event shall a person serving one or more indeterminate sentence of 31 imprisonment and one or more determinate sentence of imprisonment which 32 run concurrently be conditionally released until serving at least [six- 33 sevenths] TWO-THIRDS of the determinate term of imprisonment which has 34 the longest unexpired time to run and (ii) in no event shall a person be 35 conditionally released prior to the date on which such person is first 36 eligible for discretionary parole release. The conditions of release, 37 including those governing post-release supervision, shall be such as may 38 be imposed by the state board of parole in accordance with the 39 provisions of the executive law. 40 Every person so released shall be under the supervision of the state 41 board of parole for a period equal to the unserved portion of the term, 42 maximum term, aggregate maximum term, or period of post-release super- 43 vision. 44 S 8. This act shall take effect on the ninetieth day after it shall 45 have become a law, provided that; 46 1. the amendments to paragraph (a) of subdivision 2 of section 259-i 47 of the executive law made by section three of this act shall be subject 48 to the expiration and reversion of such paragraph pursuant to subdivi- 49 sion d of section 74 of chapter 3 of the laws of 1995, as amended, when 50 upon such date the provisions of section four of this act shall take 51 effect; and 52 2. the amendments to paragraphs (a) and (b) of subdivision 1 of 53 section 70.40 of the penal law made by sections six and seven of this 54 act shall not affect the expiration of such paragraphs and shall be 55 deemed to expire therewith.