Bill Text: NY A03351 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time and repeals provisions relating to the allowance of limited credit time for inmates.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to correction [A03351 Detail]

Download: New_York-2017-A03351-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3351
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. PERRY --
          read once and referred to the Committee on Correction
        AN ACT to amend the correction law, chapter 738  of  the  laws  of  2004
          amending  the  correction  law  and  other laws relating to controlled
          substances and indeterminate sentences, the executive law, in relation
          to merit time, and to repeal  section  803-b  of  the  correction  law
          relating to limited credit time allowances
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
     2  vision 1 of section 803 of the correction law, as added by section 7  of
     3  chapter 738 of the laws of 2004, are amended to read as follows:
     4    (i)  Except  as provided in subparagraph (ii) of this paragraph, every
     5  person under the custody of the department or confined in a facility  in
     6  the  department  of  mental hygiene serving an indeterminate sentence of
     7  imprisonment with a minimum period of one year or more or a  determinate
     8  sentence  of  imprisonment  of  one  year  or  more [imposed pursuant to
     9  section 70.70 or 70.71 of the penal law,] may earn a merit  time  allow-
    10  ance.
    11    (ii)  Such  merit  time allowance shall not be available to any person
    12  serving [an indeterminate] a sentence  [authorized  for  an  A-I  felony
    13  offense, other than an A-I felony offense defined in article two hundred
    14  twenty  of  the  penal law, or any sentence imposed for a violent felony
    15  offense as defined in section 70.02 of the penal  law,  manslaughter  in
    16  the  second degree, vehicular manslaughter in the second degree, vehicu-
    17  lar manslaughter in the first degree,  criminally  negligent  homicide,]
    18  imposed  for  murder in the first degree as defined in section 125.27 of
    19  the penal law, an offense defined in article one hundred thirty  of  the
    20  penal  law,  incest,  [or]  an  offense  defined  in article two hundred
    21  sixty-three of the penal law, [or] an act of  terrorism  as  defined  in
    22  article  four  hundred ninety of the penal law, aggravated harassment of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07219-01-7
        A. 3351                             2
     1  an employee by an inmate, or an attempt or conspiracy to commit any such
     2  offense.
     3    (iv)  Such merit time allowance may be granted when an inmate success-
     4  fully participates in the work and treatment program  assigned  pursuant
     5  to  section  eight  hundred  five  of  this article and when such inmate
     6  [obtains a] achieves one of the following:   (1) completes  his  or  her
     7  general  equivalency  diploma,  his  or  her educational requirements as
     8  determined by the  department  or  satisfactorily  completes  coursework
     9  sponsored  by  an institution of higher learning representing a semester
    10  of academic training; (2)  completes  an  alcohol  and  substance  abuse
    11  treatment  [certificate,  a  vocational  trade  certificate following at
    12  least six months of vocational  programming  or  performs]  program,  or
    13  completes  a comparable program of a different type as determined by the
    14  department, including, but not  limited  to,  anger  management,  family
    15  violence, or parenting; (3) completes a vocational training program or a
    16  comparable  and equivalent training program as determined by the depart-
    17  ment; (4) performs satisfactorily for at least six months in  a  skilled
    18  job assignment, including but not limited to, Inmate Program Aide (IPA),
    19  law  library  clerk, medical/infirmary aide, children's center aide, and
    20  food service worker; or (5) completes at least  four  hundred  hours  of
    21  service as part of a community work crew.
    22    Such  allowance shall be withheld for any serious disciplinary infrac-
    23  tion or upon a judicial determination that the person, while an  inmate,
    24  commenced  or  continued  a  civil  action, proceeding or claim that was
    25  found to be frivolous as defined in subdivision  (c)  of  section  eight
    26  thousand  three  hundred three-a of the civil practice law and rules, or
    27  an order of a federal court pursuant to rule 11 of the federal rules  of
    28  civil  procedure  imposing sanctions in an action commenced by a person,
    29  while an inmate, against a state agency, officer or employee.
    30    § 2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of  subdivision
    31  1  of  section  803  of  the correction law, as added by section 10-a of
    32  chapter 738 of the laws of 2004, are amended to read as follows:
    33    (i) Except as provided in subparagraph (ii) of this  paragraph,  every
    34  person  under the custody of the department or confined in a facility in
    35  the department of mental hygiene serving an  indeterminate  sentence  of
    36  imprisonment  with a minimum period of one year or more or a determinate
    37  sentence of imprisonment of  one  year  or  more  [imposed  pursuant  to
    38  section  70.70  or 70.71 of the penal law,] may earn a merit time allow-
    39  ance.
    40    (ii) Such merit time allowance shall not be available  to  any  person
    41  serving  [an  indeterminate]  a  sentence  [authorized for an A-I felony
    42  offense, other than an A-I felony offense defined in article two hundred
    43  twenty of the penal law, or any sentence imposed for  a  violent  felony
    44  offense  as  defined  in section 70.02 of the penal law, manslaughter in
    45  the second degree, vehicular manslaughter in the second degree,  vehicu-
    46  lar  manslaughter  in  the first degree, criminally negligent homicide,]
    47  imposed for murder in the first degree as defined in section  125.27  of
    48  the  penal  law, an offense defined in article one hundred thirty of the
    49  penal law, incest, [or]  an  offense  defined  in  article  two  hundred
    50  sixty-three  of  the  penal  law, [or] an act of terrorism as defined in
    51  article four hundred ninety of the penal law, aggravated  harassment  of
    52  an employee by an inmate, or an attempt or conspiracy to commit any such
    53  offense.
    54    (iv)  Such merit time allowance may be granted when an inmate success-
    55  fully participates in the work and treatment program  assigned  pursuant
    56  to  section  eight  hundred  five  of  this article and when such inmate
        A. 3351                             3
     1  [obtains a] achieves one of the following:  (1)  completes  his  or  her
     2  general  equivalency  diploma,  his  or  her educational requirements as
     3  determined by the  department  or  satisfactorily  completes  coursework
     4  sponsored  by  an institution of higher learning representing a semester
     5  of academic training; (2)  completes  an  alcohol  and  substance  abuse
     6  treatment  [certificate,  a  vocational  trade  certificate following at
     7  least six months of vocational  programming  or  performs]  program,  or
     8  completes  a comparable program of a different type as determined by the
     9  department, including, but not  limited  to,  anger  management,  family
    10  violence, or parenting; (3) completes a vocational training program or a
    11  comparable  and equivalent training program as determined by the depart-
    12  ment; (4) performs satisfactorily for at least six months in  a  skilled
    13  job assignment, including but not limited to, Inmate Program Aide (IPA),
    14  law  library  clerk, medical/infirmary aide, children's center aide, and
    15  food service worker; or (5) completes at least  four  hundred  hours  of
    16  service as part of a community work crew.
    17    Such  allowance shall be withheld for any serious disciplinary infrac-
    18  tion or upon a judicial determination that the person, while an  inmate,
    19  commenced  or  continued  a  civil  action, proceeding or claim that was
    20  found to be frivolous as defined in subdivision  (c)  of  section  eight
    21  thousand  three  hundred three-a of the civil practice law and rules, or
    22  an order of a federal court pursuant to rule 11 of the federal rules  of
    23  civil  procedure  imposing sanctions in an action commenced by a person,
    24  while an inmate, against a state agency, officer or employee.
    25    § 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
    26  of the correction law, as added by section 7 of chapter 738 of the  laws
    27  of 2004, is amended to read as follows:
    28    (v) The provisions of this paragraph shall apply to persons in custody
    29  serving  an  indeterminate  sentence on the effective date of this para-
    30  graph as well as to persons sentenced to an  indeterminate  sentence  on
    31  and  after  the  effective date of this paragraph and prior to September
    32  first, two thousand five and  to  persons  sentenced  to  a  determinate
    33  sentence [prior to September first, two thousand eleven] for a felony as
    34  defined  in  article two hundred twenty or two hundred twenty-one of the
    35  penal law.
    36    § 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
    37  of the correction law, as added by section 10-a of chapter  738  of  the
    38  laws of 2004, is amended to read as follows:
    39    (v) The provisions of this paragraph shall apply to persons in custody
    40  serving  an  indeterminate  sentence on the effective date of this para-
    41  graph as well as to persons sentenced to an  indeterminate  sentence  on
    42  and  after  the  effective date of this paragraph and prior to September
    43  first, two thousand five and  to  persons  sentenced  to  a  determinate
    44  sentence [prior to September first, two thousand eleven] for a felony as
    45  defined  in  article two hundred twenty or two hundred twenty-one of the
    46  penal law.
    47    § 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
    48  law, as added by section 9 of chapter  738  of  the  laws  of  2004,  is
    49  amended to read as follows:
    50    (g)  The  provisions  of  this  subdivision  shall apply to persons in
    51  custody serving an indeterminate sentence on the effective date of  this
    52  subdivision as well as to persons sentenced to an indeterminate sentence
    53  on and after the effective date of this subdivision and prior to Septem-
    54  ber  first,  two thousand five and to persons sentenced to a determinate
    55  sentence [prior to September first, two thousand eleven] for a felony as
        A. 3351                             4
     1  defined in article two hundred twenty or two hundred twenty-one  of  the
     2  penal law.
     3    § 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
     4  law,  as  added  by  section  11  of chapter 738 of the laws of 2004, is
     5  amended to read as follows:
     6    (g) The provisions of this  subdivision  shall  apply  to  persons  in
     7  custody  serving an indeterminate sentence on the effective date of this
     8  subdivision as well as to persons sentenced to an indeterminate sentence
     9  on and after the effective date of this subdivision and prior to Septem-
    10  ber first, two thousand five and to persons sentenced to  a  determinate
    11  sentence [prior to September first, two thousand eleven] for a felony as
    12  defined  in  article two hundred twenty or two hundred twenty-one of the
    13  penal law.
    14    § 7. Section 803-b of the correction law is REPEALED.
    15    § 8. Subdivision (c-1) of section 41 of chapter 738  of  the  laws  of
    16  2004  amending  the correction law and other laws relating to controlled
    17  substances and indeterminate sentences is amended to read as follows:
    18    (c-1) the provisions of sections seven, eight, nine, ten and ten-a  of
    19  this  act,  and subdivision 2-a of section 803 of the correction law, as
    20  added by section eleven of this act shall apply to  persons  in  custody
    21  serving  an  indeterminate  sentence  on  the  effective  date  of  such
    22  provisions as well as to persons sentenced to an indeterminate  sentence
    23  on  and after the effective date of such provisions and prior to Septem-
    24  ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
    25  September 1, 2011] for a felony as defined in article 220 or 221 of  the
    26  penal law;
    27    §  9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1
    28  of section 632-a of the executive law, as amended by section 24 of  part
    29  A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
    30    (C)  [an  offense for which a merit time allowance may not be received
    31  against the sentence pursuant to paragraph (d)  of  subdivision  one  of
    32  section  eight  hundred  three  of  the  correction  law]  an A-I felony
    33  offense, other than an A-I felony offense defined in article two hundred
    34  twenty of the penal law, manslaughter in the  second  degree,  vehicular
    35  manslaughter  in  the second degree, vehicular manslaughter in the first
    36  degree, criminally negligent homicide, an offense defined in article one
    37  hundred thirty of the penal law, incest, an offense defined  in  article
    38  two  hundred  sixty-three  of the penal law, aggravated harassment of an
    39  employee by an inmate;
    40    § 10. This act shall take effect on the ninetieth day after  it  shall
    41  have  become a law and shall apply to: (i) persons in custody serving an
    42  indeterminate or determinate sentence  or  sentences  on  the  effective
    43  date; (ii) persons sentenced to an indeterminate or determinate sentence
    44  or  sentences on or after the effective date; and (iii) persons who have
    45  not completed service of an indeterminate  or  determinate  sentence  or
    46  sentences  imposed  prior to the effective date; provided, however, that
    47  the amendments to section 803 of the correction  law  made  by  sections
    48  one,  three, and five of this act shall be subject to the expiration and
    49  reversion of such section pursuant to subdivision d  of  section  74  of
    50  chapter  3  of  the  laws  of  1995, as amended, when upon such date the
    51  provisions of sections two, four and six of this act shall take effect.