Bill Text: NY A07718 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to the allocation of jail time credit; provides that when a person is subject to an undischarged term of imprisonment or post-release supervision following parole release, presumptive release or conditional release from an indeterminate sentence, or conditional release or maximum expiration of a determinate sentence, and is held in pre-trial custody on a new charge or charges that culminate in an indeterminate or determinate term of imprisonment, the time spent in pre-trial custody shall be credited as jail time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A07718 Detail]

Download: New_York-2021-A07718-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7718

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 20, 2021
                                       ___________

        Introduced  by  M.  of  A.  BURGOS -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes

        AN ACT to amend the penal law in relation to the allocation of jail time
          credit

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 70.30 of the penal law, as amended
     2  by  chapter  3  of the laws of 1995, the opening paragraph as amended by
     3  chapter 1 of the laws of 1998, is amended to read as follows:
     4    3. Jail time. The term of a definite sentence, a determinate sentence,
     5  or the maximum term of an indeterminate sentence  imposed  on  a  person
     6  shall  be  credited with and diminished by the amount of time the person
     7  spent in custody prior to the commencement of such sentence as a  result
     8  of  the  charge that culminated in the sentence. In the case of an inde-
     9  terminate sentence, if the minimum period of imprisonment has been fixed
    10  by the court or by the board of parole, the credit shall also be applied
    11  against the minimum period. The credit herein provided shall  be  calcu-
    12  lated  from  the date custody under the charge commenced to the date the
    13  sentence commences and shall not  include  any  time  that  is  credited
    14  against  the  term or maximum term of any previously imposed sentence or
    15  period of post-release supervision  to  which  the  person  is  subject;
    16  provided  however  that when a person is subject to an undischarged term
    17  of imprisonment or post-release supervision  following  parole  release,
    18  presumptive   release  or  conditional  release  from  an  indeterminate
    19  sentence, or conditional release or maximum expiration of a  determinate
    20  sentence,  and  is  held  in  pre-trial  custody in a local correctional
    21  facility on a new charge or charges that culminate in  an  indeterminate
    22  or determinate term of imprisonment, the time spent in pre-trial custody
    23  in  a  local  correctional  facility on such charge or charges, from the
    24  date custody commenced to the date of commencement of  the  subsequently
    25  imposed indeterminate or determinate sentence, shall be credited as jail

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09924-01-1

        A. 7718                             2

     1  time,  and  provided  further,  that  when jail time is credited in such
     2  manner the time spent in pre-trial custody shall not be credited to  the
     3  previously  imposed  sentence  to which the person is subject. Where the
     4  charge  or charges culminate in more than one sentence, the credit shall
     5  be applied as follows:
     6    (a) If the sentences run concurrently, the  credit  shall  be  applied
     7  against each such sentence;
     8    (b)  If  the  sentences run consecutively, the credit shall be applied
     9  against the aggregate term or aggregate maximum term  of  the  sentences
    10  and against the aggregate minimum period of imprisonment.
    11    In  any  case  where a person has been in custody due to a charge that
    12  culminated in a dismissal or an acquittal, the amount of time that would
    13  have been credited against a sentence for  such  charge,  had  one  been
    14  imposed,  shall  be  credited  against  any  sentence that is based on a
    15  charge for which a warrant or commitment was lodged during the  pendency
    16  of such custody.
    17    §  2.  Subdivision  3 of section 70.30 of the penal law, as amended by
    18  chapter 648 of the laws of 1979, the  opening  paragraph  as  separately
    19  amended by chapter 1 of the laws of 1998, is amended to read as follows:
    20    3.  Jail  time. The term of a definite sentence or the maximum term of
    21  an indeterminate sentence imposed on a person shall be credited with and
    22  diminished by the amount of time the person spent in  custody  prior  to
    23  the  commencement of such sentence as a result of the charge that culmi-
    24  nated in the sentence. In the case of an indeterminate sentence, if  the
    25  minimum  period  of  imprisonment  has been fixed by the court or by the
    26  board of parole, the credit shall also be applied  against  the  minimum
    27  period.  The  credit  herein  provided shall be calculated from the date
    28  custody under the charge commenced to the date  the  sentence  commences
    29  and  shall  not  include  any  time that is credited against the term or
    30  maximum term of any previously imposed sentence or  period  of  post-re-
    31  lease  supervision to which the person is subject; provided however that
    32  when a person is subject to an  undischarged  term  of  imprisonment  or
    33  post-release  supervision  following parole release, presumptive release
    34  or conditional release from an indeterminate  sentence,  or  conditional
    35  release  or maximum expiration of a determinate sentence, and is held in
    36  pre-trial custody in a local correctional facility on a  new  charge  or
    37  charges that culminate in an indeterminate or determinate term of impri-
    38  sonment,  the  time  spent  in pre-trial custody in a local correctional
    39  facility on such charge or charges, from the date custody  commenced  to
    40  the  date  of  commencement of the subsequently imposed indeterminate or
    41  determinate sentence, shall be  credited  as  jail  time,  and  provided
    42  further,  that  when jail time is credited in such manner the time spent
    43  in pre-trial custody shall not be credited  to  the  previously  imposed
    44  sentence  to  which  the  person is subject. Where the charge or charges
    45  culminate in more than one sentence, the  credit  shall  be  applied  as
    46  follows:
    47    (a)  If  the  sentences  run concurrently, the credit shall be applied
    48  against each such sentence;
    49    (b) If the sentences run consecutively, the credit  shall  be  applied
    50  against  the  aggregate  term or aggregate maximum term of the sentences
    51  and against the aggregate minimum period of imprisonment.
    52    In any case where a person has been in custody due to  a  charge  that
    53  culminated in a dismissal or an acquittal, the amount of time that would
    54  have  been  credited  against  a  sentence for such charge, had one been
    55  imposed, shall be credited against any  sentence  that  is  based  on  a

        A. 7718                             3

     1  charge  for which a warrant or commitment was lodged during the pendency
     2  of such custody.
     3    §  3.  This  act  shall take effect immediately and shall apply to any
     4  person subject to an undischarged term of imprisonment  or  post-release
     5  supervision following parole release, presumptive release or conditional
     6  release  from  an indeterminate sentence, conditional release or maximum
     7  expiration of a determinate sentence on or after the date this act takes
     8  effect; provided that the amendments to subdivision 3 of  section  70.30
     9  of the penal law made by section one of this act shall be subject to the
    10  expiration  and  reversion of such subdivision pursuant to subdivision d
    11  of section 74 of chapter 3 of the laws of 1995, as  amended,  when  upon
    12  such date the provisions of section two of this act shall take effect.
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