NY State Senate Bill 2009-S975

Senate Bill S975

2009-2010 Legislative Session

Increases the minimum amount of time served of an indeterminate sentence to 85% of the maximum term; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Jan 22, 2009	referred to crime victims, crime and correction

2009-S975 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §803, rpld sub 1 ¶(d), Cor L; rpld §632-a sub 1 ¶(e) sub¶ (i) cl (C), Exec L; amd §70.40, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S2057

2009-S975 (ACTIVE) - Summary

Increases the minimum amount of time which must be served upon the imposition of an indeterminate sentence of imprisonment to 85% of the maximum term.

2009-S975 (ACTIVE) - Sponsor Memo

2009-S975 (ACTIVE) - Bill Text download pdf

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

                                   975

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 and the penal law, in relation to the
  minimum amount of time served of an indeterminate sentence and repeal-
  ing  certain  provisions  of  the correction law and the executive law
  relating thereto

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

  Section  1.  Paragraphs (a), (b) and (c) of subdivision 1 and subdivi-
sions 2 and 5 of section 803 of the correction  law,  paragraph  (a)  of
subdivision 1 and subdivisions 2 and 5 as amended and paragraphs (b) and
(c)  of  subdivision  1  as  added by chapter 3 of the laws of 1995, are
amended to read as follows:
  (a) Every person confined in an institution of  the  department  or  a
facility in the department of mental hygiene serving an indeterminate or
determinate sentence of imprisonment, except a person serving a sentence
with  a  maximum  term  of life imprisonment, may receive time allowance
against the term or maximum term of his OR HER sentence imposed  by  the
court.  Such  allowances  may be granted for good behavior and efficient
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  institu-
tional  rules  or  failure  to perform properly in the duties or program
assigned.
  (b) A person serving an indeterminate  sentence  of  imprisonment  may
receive  time  allowance against the maximum term of his OR HER sentence
not to exceed [one-third] FIFTEEN PERCENT of the maximum term imposed by
the court.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06549-01-9

S. 975                              2

  (c) A person  serving  a  determinate  sentence  of  imprisonment  may
receive  time  allowance  against the term of his OR HER sentence not to
exceed one-seventh of the term imposed by the court.
  2.  If  a  person  is  serving  more than one sentence, the authorized
allowances may be granted separately against the term or maximum term of
each sentence or, where consecutive sentences are involved, against  the
aggregate maximum term.  Such allowances shall be calculated as follows:
  (a)  A  person  serving  two or more indeterminate sentences which run
concurrently may  receive  time  allowance  not  to  exceed  [one-third]
FIFTEEN  PERCENT  of  the  indeterminate  sentence which has the longest
unexpired time to run.
  (b) A person serving two or more  indeterminate  sentences  which  run
consecutively  may  receive  time  allowance  not  to exceed [one-third]
FIFTEEN PERCENT of the aggregate maximum term.
  (c) A person serving two  or  more  determinate  sentences  which  run
concurrently may receive time allowance not to exceed one-seventh of the
determinate sentence which has the longest unexpired time to run.
  (d)  A  person  serving  two  or  more determinate sentences which run
consecutively may receive time allowance not to  exceed  one-seventh  of
the aggregate maximum term.
  (e)  A  person  serving  one or more indeterminate sentence and one or
more determinate sentence which run concurrently may receive time allow-
ance not to exceed [one-third]  FIFTEEN  PERCENT  of  the  indeterminate
sentence  which  has the longest unexpired term to run or one-seventh of
the determinate sentence which has the longest unexpired  time  to  run,
whichever allowance is greater.
  (f)  A  person  serving  one or more indeterminate sentence and one or
more determinate sentence  which  run  consecutively  may  receive  time
allowance  not  to  exceed the sum of [one-third] FIFTEEN PERCENT of the
maximum or aggregate maximum of the indeterminate sentence or  sentences
and  one-seventh  of  the  term  or aggregate maximum of the determinate
sentence or sentences.
  5. Time allowances granted prior to any release on parole or prior  to
any  conditional release shall be forfeited and shall not be restored if
the paroled or conditionally released person is returned to an  institu-
tion  under  the jurisdiction of the [state] department [of correctional
services] for violation  of  parole,  violation  of  the  conditions  of
release  or  by  reason  of  a conviction for a crime committed while on
parole or conditional release. A person who is so returned may, however,
subsequently receive time allowances against the  remaining  portion  of
his OR HER term, maximum term or aggregate maximum term pursuant to this
section  and provided such remaining portion of his OR HER term, maximum
term, or aggregate maximum term is more than one year.
  S 2. Paragraph (a) of subdivision 1 and subdivisions 2, 2-a and  5  of
section 803 of the correction law, as amended by chapter 126 of the laws
of  1987,  paragraph  (a) of subdivision 1 as designated and subdivision
2-a as added by chapter 738 of the laws of 2004, are amended to read  as
follows:
  (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,  except  a  person serving a sentence with a
maximum term of life imprisonment, may receive  time  allowance  against
the  maximum  term or period of his OR HER sentence not to exceed in the
aggregate [one-third] FIFTEEN PERCENT 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

S. 975                              3

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.
  2.  If  a  person  is  serving  more than one sentence, the authorized
allowances may be granted separately against the maximum  term  of  each
sentence  or,  where  consecutive  sentences  are  involved, against the
aggregate maximum term. In no case, however,  shall  the  total  of  all
allowances  granted  to  any such person under this section exceed [one-
third] FIFTEEN PERCENT of the time he OR SHE would be required to serve,
computed without regard to this section.
  2-a. If a person is serving more than  one  sentence,  the  authorized
merit  time  allowances  may  be granted against the period or aggregate
minimum period of the indeterminate sentence or  sentences,  or  against
the  term or aggregate term of the determinate sentence or sentences, or
where consecutive determinate and indeterminate sentences are  involved,
against  the aggregate minimum period as calculated pursuant to subpara-
graph (iv) of paragraph (a) of subdivision one of section 70.40  of  the
penal law. Such allowances shall be calculated as follows:
  (a)  A  person  serving  two or more indeterminate sentences which run
concurrently may receive a merit time  allowance  not  to  exceed  [one-
sixth]  FIFTEEN  PERCENT  of  the  minimum  period  of the indeterminate
sentence imposed for an offense other than an A-I felony offense defined
in article two hundred twenty of the penal  law,  or  one-third  of  the
minimum  period  of the indeterminate sentence imposed for an A-I felony
offense defined in article two hundred twenty of the penal law, whichev-
er allowance results in the longest unexpired time to run.
  (b) A person serving two or more  indeterminate  sentences  which  run
consecutively  may  receive  a  merit  time  allowance not to exceed the
amount of [one-third] FIFTEEN PERCENT of the minimum or aggregate  mini-
mum period of the sentences imposed for an A-I felony offense defined in
article  two  hundred  twenty of the penal law, plus [one-sixth] FIFTEEN
PERCENT of the minimum or aggregate  minimum  period  of  the  sentences
imposed for an offense other than such A-I felony offense.
  (c)  A person serving two or more determinate sentences for an offense
defined in article two hundred twenty or two hundred twenty-one  of  the
penal  law which run concurrently may receive a merit time allowance not
to exceed one-seventh of the term of the determinate sentence which  has
the longest unexpired time to run.
  (d)  A person serving two or more determinate sentences for an offense
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law which run consecutively may receive a merit time allowance not
to  exceed  one-seventh  of  the  aggregate  term  of  such  determinate
sentences.
  (e) A person serving one or more indeterminate sentences  and  one  or
more determinate sentences for an offense defined in article two hundred
twenty or two hundred twenty-one of the penal law which run concurrently
may  receive  a  merit  time allowance not to exceed [one-sixth] FIFTEEN
PERCENT of the minimum period of the indeterminate sentence imposed  for
an  offense  other  than  an  A-I  felony offense defined in article two
hundred twenty of the penal law,  [one-third]  FIFTEEN  PERCENT  of  the
minimum  period  of the indeterminate sentence imposed for an A-I felony
offense defined in article two hundred twenty  of  the  penal  law[,  or
one-seventh of the term of the determinate sentence, whichever allowance
results in the largest unexpired time to run].

S. 975                              4

  (f)  A  person  serving one or more indeterminate sentences and one or
more determinate sentences which run consecutively may receive  a  merit
time  allowance  not to exceed the sum of [one-sixth] FIFTEEN PERCENT of
the minimum or aggregate minimum period of the indeterminate sentence or
sentences  imposed  for  an  offense  other  than  an A-I felony offense
defined in article two hundred twenty of the penal law, one-third of the
minimum or aggregate minimum period of  the  indeterminate  sentence  or
sentences  imposed  for  an  A-I  felony  offense defined in article two
hundred twenty of the penal law and one-seventh of the term or aggregate
term of the determinate sentence or sentences.
  (g) The provisions of this  subdivision  shall  apply  to  persons  in
custody  serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to Septem-
ber first, two thousand five and to persons sentenced to  a  determinate
sentence  prior  to September first, two thousand eleven for a felony as
defined in article two hundred twenty or two hundred twenty-one  of  the
penal law.
  5.  Time allowances granted prior to any release on parole or prior to
any conditional release shall be forfeited and shall not be restored  if
the  paroled or conditionally released person is returned to an institu-
tion under the jurisdiction of the [state] department  [of  correctional
services]  for  violation  of  parole,  violation  of  the conditions of
release or by reason of a conviction for  a  crime  committed  while  on
parole or conditional release. A person who is so returned may, however,
subsequently  receive  time  allowances against the remaining portion of
his OR HER maximum or aggregate maximum term or period not to exceed  in
the  aggregate [one-third] FIFTEEN PERCENT of such portion provided such
remaining portion of his OR HER maximum or  aggregate  maximum  term  or
period is more than one year.
  S  3.  Paragraph (d) of subdivision 1 of section 803 of the correction
law is REPEALED.
  S 4. Clause (C) of subparagraph (i) of paragraph (e) of subdivision  1
of section 632-a of the executive law is REPEALED.
  S  5.  Subparagraph  (i)  of paragraph (a) of subdivision 1 of section
70.40 of the penal law, as amended by chapter 435 of the laws  of  1997,
is amended to read as follows:
  (i)  A  person  who  is  serving  one  or  more than one indeterminate
sentence of imprisonment may be paroled from the institution in which he
is confined at any time after the  expiration  of  the  minimum  or  the
aggregate  minimum period of the sentence or sentences [or, where appli-
cable, the minimum or aggregate minimum period reduced by the merit time
allowance granted pursuant  to  paragraph  (d)  of  subdivision  one  of
section eight hundred three of the correction law].
  S  6.  This  act shall take effect on the thirtieth day after it shall
have become a law, provided that the amendments to paragraphs  (a),  (b)
and (c) of subdivision 1, and subdivisions 2 and 5 of section 803 of the
correction  law  made by section one of this act shall be subject to the
expiration and reversion of such section pursuant to  subdivision  d  of
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section  two  of  this  act  shall  take  effect;
provided  further  that  the amendments to subparagraph (i) of paragraph
(a) of subdivision 1 of section 70.40 of the penal law made  by  section
five  of  this  act shall not affect the repeal of such subparagraph and
shall be deemed repealed therewith.

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