NY State Senate Bill 2017-S4260

Senate Bill S4260

2017-2018 Legislative Session

Relates to controlled substances and indeterminate sentences; to the expansion of merit time; 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 03, 2018	referred to crime victims, crime and correction
Feb 07, 2017	referred to crime victims, crime and correction

2017-S4260 (ACTIVE) - Details

See Assembly Version of this Bill:: A3351
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
2015-2016: S980, A2641
2019-2020: S808, A3955
2021-2022: S4702, A2241
2023-2024: S4326, A1392

2017-S4260 (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.

2017-S4260 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4260

 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 expanding eligibility in the merit time allowance
program for all inmates except those serving a sentence of life
imprisonment without parole, murder in the first degree, incest, 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, 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 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, an offense defined in article
two hundred sixty-three of the penal law, 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.

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 is repeal of merit time
eligibility

Section 9 makes a conforming change the bill is the effective date.
changes to avoid unintended automat-for certain offenders in the
Executive Law. Section 10 of

 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: 5.338 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.

2017-S4260 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4260
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2017
                                ___________
 
 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  expanding  eligibility in the merit time allowance program for all
   inmates except those serving a sentence of life  imprisonment  without
   parole,  murder  in  the  first  degree,  incest, 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,
   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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07219-02-7

 S. 4260                             2
 
 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
 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.
   § 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.

 S. 4260                             3

   (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.
   § 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.
   § 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.
   § 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-

 S. 4260                             4
 
 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.
   § 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.
   § 7. Section 803-b of the correction law is REPEALED.
   § 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;
   §  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;
   § 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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