Bill Text: NY A10818 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to failure to complete a program for time allowances due to circumstances beyond an individual's control.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-07-15 - referred to correction [A10818 Detail]
Download: New_York-2019-A10818-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10818 IN ASSEMBLY July 15, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cruz) -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to failure to complete a program for time allowances due to circumstances beyond an individ- ual's control The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 1 of section 803 of the 2 correction law, as amended by section 37 of subpart B of part C of chap- 3 ter 62 of the laws of 2011, is amended to read as follows: 4 (a) Every person confined in an institution of the department or a 5 facility in the department of mental hygiene serving an indeterminate or 6 determinate sentence of imprisonment, except a person serving a sentence 7 with a maximum term of life imprisonment, may receive time allowance 8 against the term or maximum term of his or her sentence imposed by the 9 court. Such allowances may be granted for good behavior and efficient 10 and willing performance of duties assigned or progress and achievement 11 in an assigned treatment program, and may be withheld, forfeited or 12 canceled in whole or in part for bad behavior, violation of institu- 13 tional rules or failure to perform properly in the duties or program 14 assigned. Such allowances shall not be withheld if a person fails to 15 complete a program because of circumstances beyond such person's 16 control. 17 § 2. Paragraph (a) of subdivision 1 of section 803 of the correction 18 law, as amended by chapter 126 of the laws of 1987 and as designated by 19 chapter 738 of the laws of 2004, is amended to read as follows: 20 (a) Every person confined in an institution of the department or a 21 facility in the department of mental hygiene serving an indeterminate 22 sentence of imprisonment, except a person serving a sentence with a 23 maximum term of life imprisonment, may receive time allowance against 24 the maximum term or period of his or her sentence not to exceed in the 25 aggregate one-third of the term or period imposed by the court. Such 26 allowances may be granted for good behavior and efficient and willing 27 performance of duties assigned or progress and achievement in an EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16582-01-0A. 10818 2 1 assigned treatment program, and may be withheld, forfeited or canceled 2 in whole or in part for bad behavior, violation of institutional rules 3 or failure to perform properly in the duties or program assigned. Such 4 allowances shall not be withheld if a person fails to complete a program 5 because of circumstances beyond such person's control. 6 § 3. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 7 803 of the correction law, as added by section 7 of chapter 738 of the 8 laws of 2004, is amended to read as follows: 9 (iv) Such merit time allowance may be granted when an inmate success- 10 fully participates in the work and treatment program assigned pursuant 11 to section eight hundred five of this article and when such inmate 12 obtains a general equivalency diploma, an alcohol and substance abuse 13 treatment certificate, a vocational trade certificate following at least 14 six months of vocational programming or performs at least four hundred 15 hours of service as part of a community work crew. 16 Such allowance shall be withheld for any serious disciplinary infrac- 17 tion or upon a judicial determination that the person, while an inmate, 18 commenced or continued a civil action, proceeding or claim that was 19 found to be frivolous as defined in subdivision (c) of section eight 20 thousand three hundred three-a of the civil practice law and rules, or 21 an order of a federal court pursuant to rule 11 of the federal rules of 22 civil procedure imposing sanctions in an action commenced by a person, 23 while an inmate, against a state agency, officer or employee. Such 24 allowance shall not be withheld if a person fails to complete a program 25 because of circumstances beyond his or her control. 26 § 4. Subparagraph (iv) of paragraph (d) of subdivision 1 of section 27 803 of the correction law, as added by section 10-a of chapter 738 of 28 the laws of 2004, is amended to read as follows: 29 (iv) Such merit time allowance may be granted when an inmate success- 30 fully participates in the work and treatment program assigned pursuant 31 to section eight hundred five of this article and when such inmate 32 obtains a general equivalency diploma, an alcohol and substance abuse 33 treatment certificate, a vocational trade certificate following at least 34 six months of vocational programming or performs at least four hundred 35 hours of service as part of a community work crew. 36 Such allowance shall be withheld for any serious disciplinary infrac- 37 tion or upon a judicial determination that the person, while an inmate, 38 commenced or continued a civil action, proceeding or claim that was 39 found to be frivolous as defined in subdivision (c) of section eight 40 thousand three hundred three-a of the civil practice law and rules, or 41 an order of a federal court pursuant to rule 11 of the federal rules of 42 civil procedure imposing sanctions in an action commenced by a person, 43 while an inmate, against a state agency, officer or employee. Such 44 allowance shall not be withheld if a person fails to complete a program 45 because of circumstances beyond such person's control. 46 § 5. Subdivision 1 of section 804 of the correction law, as amended by 47 chapter 145 of the laws of 1976, is amended to read as follows: 48 1. Every person confined in an institution serving a definite sentence 49 of imprisonment may receive time allowances as discretionary reductions 50 of the term of his or her sentence not to exceed in the aggregate one- 51 third of the term imposed by the court. Such allowances may be granted 52 for good behavior and efficient and willing performance of duties 53 assigned or progress and achievement in an assigned treatment program, 54 and may be withheld, forfeited or cancelled in whole or in part for bad 55 behavior, violation of institutional rules or failure to perform proper- 56 ly in the duties or program assigned. Such allowances shall not be with-A. 10818 3 1 held, forfeited or cancelled in whole or in part for a person's failure 2 to complete an assigned program due to circumstances beyond his or her 3 control. 4 § 6. Section 805 of the correction law, as amended by section 4 of 5 part E of chapter 62 of the laws of 2003, is amended to read as follows: 6 § 805. Earned eligibility program. Persons committed to the custody of 7 the department under an indeterminate or determinate sentence of impri- 8 sonment shall be assigned a work and treatment program as soon as prac- 9 ticable. No earlier than two months prior to the inmate's eligibility to 10 be paroled pursuant to subdivision one of section 70.40 of the penal 11 law, the commissioner shall review the inmate's institutional record to 12 determine whether he or she has complied with the assigned program. 13 Credit for such assigned program shall not be withheld if a person fails 14 to complete a program because of circumstances beyond such person's 15 control. If the commissioner determines that the inmate has successfully 16 participated in the program he or she may issue the inmate a certificate 17 of earned eligibility. Notwithstanding any other provision of law, an 18 inmate who is serving a sentence with a minimum term of not more than 19 eight years and who has been issued a certificate of earned eligibility, 20 shall be granted parole release at the expiration of his or her minimum 21 term or as authorized by subdivision four of section eight hundred 22 sixty-seven of this chapter unless the board of parole determines that 23 there is a reasonable probability that, if such inmate is released, he 24 or she will not live and remain at liberty without violating the law and 25 that his or her release is not compatible with the welfare of society. 26 Any action by the commissioner pursuant to this section shall be deemed 27 a judicial function and shall not be reviewable if done in accordance 28 with law. 29 § 7. Section 805 of the correction law, as amended by chapter 262 of 30 the laws of 1987, is amended to read as follows: 31 § 805. Earned eligibility program. Persons committed to the custody of 32 the department under an indeterminate sentence of imprisonment shall be 33 assigned a work and treatment program as soon as practicable. No earlier 34 than two months prior to the expiration of an inmate's minimum period of 35 imprisonment, the commissioner shall review the inmate's institutional 36 record to determine whether he or she has complied with the assigned 37 program. Credit for such assigned program shall not be withheld if a 38 person fails to complete a program because of circumstances beyond such 39 person's control. If the commissioner determines that the inmate has 40 successfully participated in the program he or she may issue the inmate 41 a certificate of earned eligibility. Notwithstanding any other provision 42 of law, an inmate who is serving a sentence with a minimum term of not 43 more than six years and who has been issued a certificate of earned 44 eligibility, shall be granted parole release at the expiration of his or 45 her minimum term or as authorized by subdivision four of section eight 46 hundred sixty-seven of this chapter unless the board of parole deter- 47 mines that there is a reasonable probability that, if such inmate is 48 released, he or she will not live and remain at liberty without violat- 49 ing the law and that his or her release is not compatible with the 50 welfare of society. Any action by the commissioner pursuant to this 51 section shall be deemed a judicial function and shall not be reviewable 52 if done in accordance with law. 53 § 8. Subdivision 5 of section 806 of the correction law, as added by 54 section 5 of part E of chapter 62 of the laws of 2003, is amended to 55 read as follows:A. 10818 4 1 5. No person shall have the right to demand or require presumptive 2 release authorized by this section. The commissioner may revoke at any 3 time an inmate's scheduled presumptive release pursuant to this section 4 for any disciplinary infraction committed by the inmate or for any fail- 5 ure to continue to participate successfully in any assigned work and 6 treatment program after the certificate of earned eligibility has been 7 awarded, except that any such failure to continue to participate in an 8 assigned work or treatment program shall not be grounds for revocation 9 of presumptive release if such failure is due to circumstances beyond 10 the incarcerated person's control. The commissioner may deny presump- 11 tive release to any inmate whenever the commissioner determines that 12 such release may not be consistent with the safety of the community or 13 the welfare of the inmate. Any action by the commissioner pursuant to 14 this section shall be deemed a judicial function and shall not be 15 reviewable if done in accordance with law. 16 § 9. This act shall take effect immediately; provided that the amend- 17 ments to paragraph (a) and subparagraph (iv) of paragraph (d) of subdi- 18 vision 1 of section 803 of the correction law made by sections one and 19 three of this act shall be subject to the expiration and reversion of 20 such subdivision pursuant subdivision d of section 74 of chapter 3 of 21 the laws of 1995, as amended, when upon such date the provisions of 22 sections two and four of this act shall take effect; provided, further, 23 that the amendments to section 805 of the correction law made by section 24 six of this act shall be subject to the expiration and reversion of such 25 section pursuant to subdivision d of section 74 of chapter 3 of the laws 26 of 1995, as amended, when upon such date the provisions of section seven 27 of this act shall take effect; and provided, further, that the amend- 28 ments to subdivision 5 of section 806 of the correction law made by 29 section eight of this act shall not affect the repeal of such section 30 and shall be deemed repealed therewith.
