S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1886
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2019
                                ___________
 
 Introduced  by  M.  of A. BARRON, JAFFEE, COOK, HYNDMAN -- read once and
   referred to the Committee on 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
 BY THE COURT. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00039-01-9

 A. 1886                             2
 
 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. 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:
   § 4. 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.
   § 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
 eligibility.  Notwithstanding  any other provision of law, an inmate who

 A. 1886                             3
 
 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,
 three 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,
 four  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.