S T A T E   O F   N E W   Y O R K
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                                   4434
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by Sens. MONTGOMERY, COMRIE -- read twice and ordered print-
   ed, 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 authorizing certain
   inmates serving indeterminate sentences to receive  good  time  allow-
   ances  against  the minimum terms of their sentences not to exceed one
   third of the actual minimum term imposed
 
   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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00210-02-7

 S. 4434                             2
 
 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.
   § 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.
   § 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:
   § 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.
   §  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.
   §  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:
   § 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

 S. 4434                             3
 
 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
 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.
   § 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,
 four and five of this act shall be subject to the expiration and  rever-
 sion  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; and provided, further, the
 amendments 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.