NY State Senate Bill 2015-S980

Senate Bill S980

2015-2016 Legislative Session

Relates to controlled substances and indeterminate sentences; to the expansion of merit time; repealer

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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, 2016	referred to crime victims, crime and correction
Jan 07, 2015	referred to crime victims, crime and correction

co-Sponsors

2015-S980 (ACTIVE) - Details

See Assembly Version of this Bill:: A2641
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2932, A6487
2011-2012: S338, A154
2013-2014: S1377, A4198
2017-2018: S4260, A3351
2019-2020: S808, A3955
2021-2022: S4702, A2241
2023-2024: S4326, A1392

2015-S980 (ACTIVE) - Summary

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time and repeals provisions relating to the allowance of limited credit time for inmates.

2015-S980 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S980

TITLE OF BILL:  An act to amend the correction law, chapter 738 of the
laws of 2004 amending the correction law and other laws relating to
controlled substances and indeterminate sentences, the executive law,
in relation to merit time, and to repeal section 803-b of the
correction law relating to limited credit time allowances

PURPOSE OR GENERAL IDEA OF BILL:

To expand eligibility in the merit time allowance program.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 803 of the correction law to
allow all inmates, except those serving a sentence of life
imprisonment without parole, murder in the first degree, incest, an
offense defined in article two hundred sixty-three of the penal law,
an act of terrorism, aggravated harassment of an employee by an
inmate, or an attempt or conspiracy to commit any such offense, to
earn merit time allowance.

The merit time allowance would be one-sixth of an indeterminate and
one-seventh of a determinate sentence. This section of the bill also
expands the criteria that a person in the custody of the Department of
Correctional Services (DOCS) may meet in order to earn merit time.

Section 2, 3, and 4 of the bill are conforming changes.

Sections 3 through 7 make technical changes to avoid unintended
automatic repeal of merit time eligibility for certain offenders

Section 9 makes a conforming change in the Executive Law. Section 10
of the bill is the effective date.

JUSTIFICATION:

The Merit Time program allows inmates who excel, attain educational
and vocational degrees, and maintain a stellar disciplinary record the
opportunity to present their case to the Parole Board earlier than
they otherwise would have. The program promotes the rehabilitation of
inmates, and thereby provides several significant benefits.
Specifically, the program improves discipline within prison, enables
the Parole Board to make better evaluations of an inmate's ability to
reintegrate into society, and saves the State millions of dollars. For
these reasons the Governor's Commission on Sentencing Reform
recommended the program be expanded to allow violent offenders to
participate. This bill accomplishes that goal.

THE MERIT TIME PROGRAM PROMOTES REHABILITATION The program was first
instituted in 1997, and has been exceedingly successful. The results
are clear. Merit Time motivates inmates to take ownership of their
future, and to better themselves in order to prove that they are
worthy of release by the Parole Board, rather than simply waiting out
their maximum sentence until the State is required to grant their
release. Those who successfully complete the Merit Time program and
are released by the Parole Board show far better recidivism rates than


those who served out their maximum sentence. Since 1997, only 6.1% of
inmates who completed the Merit Time program were convicted on another
crime within two years, as opposed to 16.5% return for new offense
rate for all releases since records have been kept. These men and
women have made permanent and profound changes in their lives.  They
left prison rehabilitated.

This bill expands on the successes of the Merit Time program. When the
original program was instituted in the late 20th century, violent
offenders were prohibited from participation, due to the fear that
these individuals were the "worst of the worst." It is true that those
who cause physical harm to another person, or take a life, deserve
greater punishment than those who commit other crimes. But it is false
to presume that a person who committed a violent crime is less able to
be rehabilitated than a person who committed a nonviolent crime.

Indeed, the opposite is true: The most serious violent offenders have
a lower recidivism rate than every category of non-violent offender.
Of the 585 most serious violent felony offenders who were released to
parole supervision for the first time between 2005 and 2008, none has
returned to prison for a new crime. Extending merit time to violent
offenders makes sense. Because violent offenders are better able to
rehabilitate themselves and live law abiding lives after they are
reintegrated into the community, it is well worth allowing them to
participate in the Merit Time program. There are several other
benefits as well.

THE MERIT TIME PROGRAM IMPROVES DISCIPLINE IN PRISON Maintaining
safety in prisons is directly related to the balanced ability to
punish negative behavior and poor program participation while
rewarding positive behavior and good program participation. An inmate
who is able to affirmatively take responsibility for their management
programs, job training classes, high school and college courses, all
while maintaining a superior disciplinary record, will behave better
than an inmate who has no such opportunities or incentives. The Merit
Time program discourages inmates from breaking the rules, and
therefore facilitates the effective administration of the prison.
Indeed, the program has been shown to reduce violence in prisons.
This bill facilitates those positive outcomes by expanding the
eligibility for the merit time program.

THE MERIT TIME PROGRAM SERVES AS AN EVALUATIVE TOOL For the Parole
Board to accurately assess the risk posed by an offender's reentry
into the community, they must understand the personal deficiencies in
that inmate's character that led to their incarceration, the actions
taken by that inmate to rehabilitate themselves while incarcerated,
and have a way to measure the results. The Merit Time program provides
that information, and the Parole Board is thereby enabled to make an
informed decision when considering the application of those inmates.
This is especially significant in the case of violent offenders, who
we want to be sure are truly rehabilitated before they are released.

THE MERIT TIME PROGRAM SAVES THE STATE HUNDREDS OF MILLIONS OF DOLLARS
It costs over $50,000 (medical and capital construction costs
included) to confine an inmate for one year. New York State taxpayers
benefit when prison is reserved for offenders who pose a risk to the
public. The Merit Time Program reduces incarceration costs by limiting


the time that persons who have proven their rehabilitation remain in
prison, and reducing the astronomical expense associated with
recidivism. More effective and less costly prison management, and
control of prisoners with less pressure on correctional officers, are
corollary benefits of good rehabilitation programs and earned
rehabilitative incentives.

We should therefore work to expand successful programs that encourage
inmates to become better people, and demonstrate that they are
prepared to thrive and provide a benefit to society after their
release. The Department of Corrections Services estimates that the
Merit Time program has saved the State nearly $384 million dollars
over the course often years by graduating people those who have proven
their worth.

Increasing incarceration while ignoring more effective approaches
imposes a heavy burden upon courts, corrections and communities, while
providing no impact on crime. Should this legislature expand
eligibility to violent offenders who have shown that they can reenter
society safely, the State will save tens of millions more.

In order to achieve the desired public safety outcome, the
requirements for an expanded Merit Time Program for offenders with a
history of violent behavior must be rigorous and designed to promote
life changing behaviors. As proposed under this legislation only
offenders participating in exceptional programming aimed at
permanently changing antisocial behaviors can successfully complete
the Merit Time Program.

As a result many will not be eligible for the credit. Merit time
credit is not constituted as a right. It is only a privilege incentive
afforded to those who exhibit exceptional rehabilitative behaviors and
adjustment. An individual who continues to demonstrate
counterproductive behavior will not be eligible for merit time credit,
and the Parole Board will take longer to consider their case.

PRIOR LEGISLATIVE HISTORY:

2010: Passed Senate Committee on Crime Victims, Crime and Correction
2011-2012: S.338 Died in Committee
2013-2014: S.1377 Died in Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill will result in savings to the state because the early release
of inmates who earn merit time will result in a continued decline in
the prison population.

EFFECTIVE DATE:

90th day after becoming law.

2015-S980 (ACTIVE) - Bill Text download pdf

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

                                   980

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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, chapter 738 of the laws of 2004
  amending the correction law and  other  laws  relating  to  controlled
  substances and indeterminate sentences, the executive law, in relation
  to  merit  time,  and  to  repeal  section 803-b of the correction law
  relating to limited credit time allowances

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

  Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
vision  1 of section 803 of the correction law, as added by section 7 of
chapter 738 of the laws of 2004, are amended to read as follows:
  (i) Except as provided in subparagraph (ii) of this  paragraph,  every
person  under the custody of the department or confined in a facility in
the department of mental hygiene serving an  indeterminate  sentence  of
imprisonment  with a minimum period of one year or more or a determinate
sentence of imprisonment of  one  year  or  more  [imposed  pursuant  to
section  70.70  or 70.71 of the penal law,] may earn a merit time allow-
ance.
  (ii) Such merit time allowance shall not be available  to  any  person
serving  [an  indeterminate]  A  sentence  [authorized for an A-I felony
offense, other than an A-I felony offense defined in article two hundred
twenty of the penal law, or any sentence imposed for  a  violent  felony
offense  as  defined  in section 70.02 of the penal law, manslaughter in
the second degree, vehicular manslaughter in the second degree,  vehicu-
lar  manslaughter  in  the first degree, criminally negligent homicide,]
IMPOSED FOR MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION  125.27  OF
THE  PENAL  LAW, an offense defined in article one hundred thirty of the
penal law, incest, [or]  an  offense  defined  in  article  two  hundred
sixty-three  of  the  penal  law, [or] AN ACT OF TERRORISM AS DEFINED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02299-01-5

S. 980                              2

ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, aggravated  harassment  of
an employee by an inmate, OR AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
OFFENSE.
  (iv)  Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program  assigned  pursuant
to  section  eight  hundred  five  of  this article and when such inmate
[obtains a] ACHIEVES ONE OF THE FOLLOWING:   (1) COMPLETES  HIS  OR  HER
general  equivalency  diploma,  HIS  OR  HER EDUCATIONAL REQUIREMENTS AS
DETERMINED BY THE  DEPARTMENT  OR  SATISFACTORILY  COMPLETES  COURSEWORK
SPONSORED  BY  AN INSTITUTION OF HIGHER LEARNING REPRESENTING A SEMESTER
OF ACADEMIC TRAINING; (2)  COMPLETES  an  alcohol  and  substance  abuse
treatment  [certificate,  a  vocational  trade  certificate following at
least six months of vocational  programming  or  performs]  PROGRAM,  OR
COMPLETES  A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY THE
DEPARTMENT, INCLUDING, BUT NOT  LIMITED  TO,  ANGER  MANAGEMENT,  FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE  AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE DEPART-
MENT; (4) PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN  A  SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW  LIBRARY  CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER AIDE, AND
FOOD SERVICE WORKER; OR (5) COMPLETES at least  four  hundred  hours  of
service as part of a community work crew.
  Such  allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an  inmate,
commenced  or  continued  a  civil  action, proceeding or claim that was
found to be frivolous as defined in subdivision  (c)  of  section  eight
thousand  three  hundred three-a of the civil practice law and rules, or
an order of a federal court pursuant to rule 11 of the federal rules  of
civil  procedure  imposing sanctions in an action commenced by a person,
while an inmate, against a state agency, officer or employee.
  S 2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of  subdivision
1  of  section  803  of  the correction law, as added by section 10-a of
chapter 738 of the laws of 2004, are amended to read as follows:
  (i) Except as provided in subparagraph (ii) of this  paragraph,  every
person  under the custody of the department or confined in a facility in
the department of mental hygiene serving an  indeterminate  sentence  of
imprisonment  with a minimum period of one year or more or a determinate
sentence of imprisonment of  one  year  or  more  [imposed  pursuant  to
section  70.70  or 70.71 of the penal law,] may earn a merit time allow-
ance.
  (ii) Such merit time allowance shall not be available  to  any  person
serving  [an  indeterminate]  A  sentence  [authorized for an A-I felony
offense, other than an A-I felony offense defined in article two hundred
twenty of the penal law, or any sentence imposed for  a  violent  felony
offense  as  defined  in section 70.02 of the penal law, manslaughter in
the second degree, vehicular manslaughter in the second degree,  vehicu-
lar  manslaughter  in  the first degree, criminally negligent homicide,]
IMPOSED FOR MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION  125.27  OF
THE  PENAL  LAW, an offense defined in article one hundred thirty of the
penal law, incest, [or]  an  offense  defined  in  article  two  hundred
sixty-three  of  the  penal  law, [or] AN ACT OF TERRORISM AS DEFINED IN
ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, aggravated  harassment  of
an employee by an inmate, OR AN ATTEMPT OR CONSPIRACY TO COMMIT ANY SUCH
OFFENSE.
  (iv)  Such merit time allowance may be granted when an inmate success-
fully participates in the work and treatment program  assigned  pursuant

S. 980                              3

to  section  eight  hundred  five  of  this article and when such inmate
[obtains a] ACHIEVES ONE OF THE FOLLOWING:  (1)  COMPLETES  HIS  OR  HER
general  equivalency  diploma,  HIS  OR  HER EDUCATIONAL REQUIREMENTS AS
DETERMINED  BY  THE  DEPARTMENT  OR  SATISFACTORILY COMPLETES COURSEWORK
SPONSORED BY AN INSTITUTION OF HIGHER LEARNING REPRESENTING  A  SEMESTER
OF  ACADEMIC  TRAINING;  (2)  COMPLETES  an  alcohol and substance abuse
treatment [certificate, a  vocational  trade  certificate  following  at
least  six  months  of  vocational  programming or performs] PROGRAM, OR
COMPLETES A COMPARABLE PROGRAM OF A DIFFERENT TYPE AS DETERMINED BY  THE
DEPARTMENT,  INCLUDING,  BUT  NOT  LIMITED  TO, ANGER MANAGEMENT, FAMILY
VIOLENCE, OR PARENTING; (3) COMPLETES A VOCATIONAL TRAINING PROGRAM OR A
COMPARABLE AND EQUIVALENT TRAINING PROGRAM AS DETERMINED BY THE  DEPART-
MENT;  (4)  PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN A SKILLED
JOB ASSIGNMENT, INCLUDING BUT NOT LIMITED TO, INMATE PROGRAM AIDE (IPA),
LAW LIBRARY CLERK, MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER  AIDE,  AND
FOOD  SERVICE  WORKER;  OR  (5) COMPLETES at least four hundred hours of
service as part of a community work crew.
  Such allowance shall be withheld for any serious disciplinary  infrac-
tion  or upon a judicial determination that the person, while an inmate,
commenced or continued a civil action,  proceeding  or  claim  that  was
found  to  be  frivolous  as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and  rules,  or
an  order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by  a  person,
while an inmate, against a state agency, officer or employee.
  S 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of  the correction law, as added by section 7 of chapter 738 of the laws
of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date  of  this  para-
graph  as  well  as to persons sentenced to an indeterminate sentence on
and after the effective date of this paragraph and  prior  to  September
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.
  S 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
of  the  correction  law, as added by section 10-a of chapter 738 of the
laws of 2004, is amended to read as follows:
  (v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date  of  this  para-
graph  as  well  as to persons sentenced to an indeterminate sentence on
and after the effective date of this paragraph and  prior  to  September
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.
  S 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
law,  as  added  by  section  9  of  chapter 738 of the laws of 2004, is
amended to read as follows:
  (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

S. 980                              4

defined  in  article two hundred twenty or two hundred twenty-one of the
penal law.
  S 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
law,  as  added  by  section  11  of chapter 738 of the laws of 2004, is
amended to read as follows:
  (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.
  S 7. Section 803-b of the correction law is REPEALED.
  S 8. Subdivision (c-1) of section 41 of chapter 738  of  the  laws  of
2004  amending  the correction law and other laws relating to controlled
substances and indeterminate sentences is amended to read as follows:
  (c-1) the provisions of sections seven, eight, nine, ten and ten-a  of
this  act,  and subdivision 2-a of section 803 of the correction law, as
added by section eleven of this act shall apply to  persons  in  custody
serving  an  indeterminate  sentence  on  the  effective  date  of  such
provisions as well as to persons sentenced to an indeterminate  sentence
on  and after the effective date of such provisions and prior to Septem-
ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
September 1, 2011] for a felony as defined in article 220 or 221 of  the
penal law;
  S  9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1
of section 632-a of the executive law, as amended by section 24 of  part
A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
  (C)  [an  offense for which a merit time allowance may not be received
against the sentence pursuant to paragraph (d)  of  subdivision  one  of
section  eight  hundred  three  of  the  correction  law]  AN A-I FELONY
OFFENSE, OTHER THAN AN A-I FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED
TWENTY OF THE PENAL LAW, MANSLAUGHTER IN THE  SECOND  DEGREE,  VEHICULAR
MANSLAUGHTER  IN  THE SECOND DEGREE, VEHICULAR MANSLAUGHTER IN THE FIRST
DEGREE, CRIMINALLY NEGLIGENT HOMICIDE, AN OFFENSE DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW, INCEST, AN OFFENSE DEFINED  IN  ARTICLE
TWO  HUNDRED  SIXTY-THREE  OF THE PENAL LAW, AGGRAVATED HARASSMENT OF AN
EMPLOYEE BY AN INMATE;
  S 10. This act shall take effect on the ninetieth day after  it  shall
have  become a law and shall apply to: (i) persons in custody serving an
indeterminate or determinate sentence  or  sentences  on  the  effective
date; (ii) persons sentenced to an indeterminate or determinate sentence
or  sentences on or after the effective date; and (iii) persons who have
not completed service of an indeterminate  or  determinate  sentence  or
sentences  imposed  prior to the effective date; provided, however, that
the amendments to section 803 of the correction  law  made  by  sections
one,  three, and five 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 sections two, four and six of this act shall take effect.

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Senate Bill S980

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Velmanette Montgomery