Bill Text: NY S07633 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 7633 (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: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S07633 Detail]

Download: New_York-2019-S07633-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          7633

                    IN SENATE

                                    February 3, 2020
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          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

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

        S. 7633                             2

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