S T A T E   O F   N E W   Y O R K
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                                  4417

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by M. of A. TOWNS -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to good behavior  allow-
  ances

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 803 of the correction law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A.  EVERY  PERSON  CONFINED IN AN INSTITUTION OF THE DEPARTMENT OR A
FACILITY IN THE DEPARTMENT OF MENTAL HYGIENE  SERVING  AN  INDETERMINATE
SENTENCE  OF  IMPRISONMENT,  FOR  AN  OFFENSE  CONTAINED  IN ARTICLE TWO
HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW,  MAY  RECEIVE
TIME ALLOWANCE AGAINST THE MINIMUM TERM OR PERIOD OF HIS OR HER SENTENCE
NOT  TO  EXCEED IN THE AGGREGATE ONE-THIRD OF THE TERM OR PERIOD IMPOSED
BY THE COURT. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFI-
CIENT AND  WILLING  PERFORMANCE  OF  DUTIES  ASSIGNED  OR  PROGRESS  AND
ACHIEVEMENT  IN  AN  ASSIGNED  TREATMENT  PROGRAM,  AND MAY BE WITHHELD,
FORFEITED OR CANCELED IN WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF
INSTITUTIONAL RULES OR FAILURE TO PERFORM  PROPERLY  IN  THE  DUTIES  OR
PROGRAM ASSIGNED.
  S  2.  Section  803  of  the correction law is amended by adding a new
subdivision 1-b to read as follows:
  1-B. EVERY PERSON CONFINED IN AN INSTITUTION OF THE  DEPARTMENT  OR  A
FACILITY  IN  THE  DEPARTMENT OF MENTAL HYGIENE SERVING AN INDETERMINATE
SENTENCE OF IMPRISONMENT,  FOR  AN  OFFENSE  CONTAINED  IN  ARTICLE  TWO
HUNDRED  TWENTY  OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW, MAY RECEIVE
TIME ALLOWANCE AGAINST THE MINIMUM TERM OR PERIOD OF HIS OR HER SENTENCE
NOT TO EXCEED IN THE AGGREGATE ONE-THIRD OF THE TERM OR  PERIOD  IMPOSED
BY THE COURT. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFI-
CIENT  AND  WILLING  PERFORMANCE  OF  DUTIES  ASSIGNED  OR  PROGRESS AND
ACHIEVEMENT IN AN ASSIGNED  TREATMENT  PROGRAM,  AND  MAY  BE  WITHHELD,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01937-02-9
              

A. 4417                             2

FORFEITED OR CANCELED IN WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF
INSTITUTIONAL  RULES  OR  FAILURE  TO  PERFORM PROPERLY IN THE DUTIES OR
PROGRAM ASSIGNED.
  S 3. Subdivision 2 of section 803 of the correction law, as amended by
chapter 126 of the laws of 1987, is amended to read as follows:
  2.  If  a  person  is  serving  more than one sentence, the authorized
allowances may be granted separately against the [maximum term] TERMS of
each sentence or, where consecutive sentences are involved, against  the
aggregate [maximum term] TERMS.  In no case, however, shall the total of
all  allowances  granted  to  any  such person under this section exceed
one-third of the time he would be required to  serve,  computed  without
regard to this section.
  S  4.  The  opening  paragraph  of subdivision 2 of section 803 of the
correction law, as amended by chapter 3 of the laws of 1995, is  amended
to read as follows:
  If  a  person is serving more than one sentence, the authorized allow-
ances may be granted separately against the term or [maximum term] TERMS
of each sentence or, where consecutive sentences are  involved,  against
the aggregate [maximum term] TERMS.  Such allowances shall be calculated
as follows:
  S  5.  Section  803  of  the correction law is amended by adding a new
subdivision 7 to read as follows:
  7. THE EXPIRATION OF THE MINIMUM PERIOD OF IMPRISONMENT, AS SET  FORTH
IN  PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL LAW,
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I  OF
THE EXECUTIVE LAW, AND SECTION EIGHT HUNDRED FIVE OF THIS ARTICLE, SHALL
BE DEEMED TO MEAN THE MINIMUM PERIOD OF IMPRISONMENT REDUCED BY ANY TIME
ALLOWANCE  GRANTED  PURSUANT  TO  SUBDIVISION ONE-A OF THIS SECTION. THE
ELIGIBILITY OF AN INMATE TO  RECEIVE  ANY  TIME  ALLOWANCE  PURSUANT  TO
SUBDIVISION  ONE-A  OF  THIS  SECTION  SHALL  NOT  OTHERWISE AFFECT SUCH
INMATE'S ELIGIBILITY TO PARTICIPATE IN ANY DEPARTMENT PROGRAM.
  S 6. Subdivision 7 of section 803 of the correction law, as  added  by
section five of this act, is amended to read as follows:
  7.  The expiration of the minimum period of imprisonment, as set forth
in paragraph (a) of subdivision one of section 70.40 of the  penal  law,
paragraph  (a) of subdivision two of section two hundred fifty-nine-i of
the executive law, and section eight hundred five of this article, shall
be deemed to mean the minimum period of imprisonment reduced by any time
allowance granted pursuant to subdivision [one-a] ONE-B of this section.
The eligibility of an inmate to receive any time allowance  pursuant  to
subdivision  [one-a]  ONE-B  of  this section shall not otherwise affect
such inmate's eligibility to participate in any department program.
  S 7. Section 805 of the correction law, as amended  by  section  4  of
part E of chapter 62 of the laws of 2003, is amended to read as follows:
  S 805. Earned eligibility program. Persons committed to the custody of
the  department under an indeterminate or determinate sentence of impri-
sonment shall be assigned a work and treatment program as soon as  prac-
ticable. No earlier than two months prior to the inmate's eligibility to
be  paroled  pursuant  to  subdivision one of section 70.40 of the penal
law, the commissioner shall review the inmate's institutional record  to
determine  whether  he OR SHE has complied with the assigned program. If
the commissioner determines that the  inmate  has  successfully  partic-
ipated  in  the  program he may issue the inmate a certificate of earned
eligibility. Notwithstanding any other provision of law, an  inmate  who
is  serving  a sentence with a minimum term of not more than eight years
and who has been issued a certificate of earned  eligibility,  shall  be

A. 4417                             3

granted  parole release at the expiration of his OR HER minimum term, OR
WHERE APPLICABLE, AT THE EXPIRATION OF THE MINIMUM TERM REDUCED  BY  ANY
TIME  ALLOWANCES,  or as authorized by subdivision four of section eight
hundred  sixty-seven  of  this chapter unless the board of parole deter-
mines that there is a reasonable probability that,  if  such  inmate  is
released,  he OR SHE will not live and remain at liberty without violat-
ing the law and that his release is not compatible with the  welfare  of
society.  Any  action by the commissioner pursuant to this section shall
be deemed a judicial function and shall not be  reviewable  if  done  in
accordance with law.
  S 8. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law, provided that the
amendments to section 803 of the correction law made by sections one and
four of this act shall be subject to the  expiration  and  reversion  of
such section pursuant to section 74 of chapter 3 of the laws of 1995, as
amended,  when  upon such date the provisions of sections two, three and
six of this act shall take effect; provided, further,  that  the  amend-
ments  made to section 803 of the correction law by section five of this
act shall not be subject to the expiration of  such  section  and  shall
survive such expiration and reversion; and provided, further, the amend-
ments to section 805 of the correction law made by section seven of this
act  shall not affect the expiration of such section and shall be deemed
to expire therewith.