Bill Text: NY A09543 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 9543 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Includes earning at least eighteen credits from a program registered by the state education department from a degree-granting higher education institution as a condition on which the merit board may grant merit time.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed - Dead) 2020-07-21 - REFERRED TO RULES [A09543 Detail]

Download: New_York-2019-A09543-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          9543

                   IN ASSEMBLY

                                    January 24, 2020
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Correction

        AN ACT to amend the correction law, in  relation  to  including  credits
          earned from a higher education institution as a condition on which the
          merit board may grant merit time

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

     1    Section 1. Subparagraph (iv) of paragraph  (d)  of  subdivision  1  of
     2  section  803 of the correction law, as added by section 7 of chapter 738
     3  of the laws of 2004, is amended to read as follows:
     4    (iv) Such merit time allowance may be granted when an inmate  success-
     5  fully  participates  in the work and treatment program assigned pursuant
     6  to section eight hundred five of  this  article  and  when  such  inmate
     7  obtains  a  general  equivalency diploma, an alcohol and substance abuse
     8  treatment certificate, a vocational trade certificate following at least
     9  six months of vocational programming, at least  eighteen  credits  in  a
    10  degree-granting program at an accredited higher education institution or
    11  performs  at  least four hundred hours of service as part of a community
    12  work crew.
    13    Such allowance shall be withheld for any serious disciplinary  infrac-
    14  tion  or upon a judicial determination that the person, while an inmate,
    15  commenced or continued a civil action,  proceeding  or  claim  that  was
    16  found  to  be  frivolous  as defined in subdivision (c) of section eight
    17  thousand three hundred three-a of the civil practice law and  rules,  or
    18  an  order of a federal court pursuant to rule 11 of the federal rules of
    19  civil procedure imposing sanctions in an action commenced by  a  person,
    20  while an inmate, against a state agency, officer or employee.
    21    §  2.  Subparagraph  (iv) of paragraph (d) of subdivision 1 of section
    22  803 of the correction law, as added by section 10-a of  chapter  738  of
    23  the laws of 2004, is amended to read as follows:
    24    (iv)  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14733-02-0

        A. 9543                             2

     1  treatment certificate, a vocational trade certificate following at least
     2  six  months  of  vocational  programming, at least eighteen credits in a
     3  degree-granting program at an accredited higher education institution or
     4  performs  at  least four hundred hours of service as part of a community
     5  work crew.
     6    Such allowance shall be withheld for any serious disciplinary  infrac-
     7  tion  or upon a judicial determination that the person, while an inmate,
     8  commenced or continued a civil action,  proceeding  or  claim  that  was
     9  found  to  be  frivolous  as defined in subdivision (c) of section eight
    10  thousand three hundred three-a of the civil practice law and  rules,  or
    11  an  order of a federal court pursuant to rule 11 of the federal rules of
    12  civil procedure imposing sanctions in an action commenced by  a  person,
    13  while an inmate, against a state agency, officer or employee.
    14    §  3. This act shall take effect immediately, provided that the amend-
    15  ments to subparagraph (iv) of paragraph (d) of subdivision 1 of  section
    16  803  of  the  correction  law  made  by section one of this act shall be
    17  subject to the expiration and reversion  of  such  section  pursuant  to
    18  section  74 of chapter 3 of the laws of 1995, as amended, when upon such
    19  date the provisions of section two of this act shall take effect.