S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    216
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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
   establishing merit time allowance credits and  certain  administrative
   privileges credits for local correctional facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new article  24-A
 to read as follows:
                               ARTICLE 24-A
          MERIT TIME ALLOWANCE CREDITS AND CERTAIN ADMINISTRATIVE
           PRIVILEGES CREDITS FOR LOCAL CORRECTIONAL FACILITIES
 SECTION 810. DEFINITIONS.
         811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION.
         812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT.
         813. CERTAIN  ADMINISTRATIVE  PRIVILEGES  CREDITS FOR INELIGIBLE
                INMATES.
         814. RECORD KEEPING.
   § 810. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "CREDIT" MEANS A REDUCTION OF TWENTY-FOUR HOURS IN  THE  AMOUNT  OF
 TIME  AN  INMATE  MUST  SERVE IN A CORRECTIONAL FACILITY ON THE INMATE'S
 SENTENCE UPON CONVICTION; AND
   2. "ELIGIBLE INMATE" MEANS AN INMATE IN THE CUSTODY OF THE SHERIFF  OF
 A  LOCAL  CORRECTIONAL  FACILITY  WHO  IS  SERVING  ONE OR MORE DEFINITE
 SENTENCES OF ONE YEAR OR LESS OR WHO IS DETAINED PENDING TRIAL, SENTENCE
 OR OTHER DISPOSITION AND WHO PARTICIPATES IN THE  MERIT  TIME  ALLOWANCE
 CREDIT  PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE, PROVIDED THAT SUCH
 INMATE IS NOT CONVICTED ON THE INSTANT CHARGES OF AN A-1 FELONY OFFENSE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01764-01-9

 S. 216                              2
 
 OTHER THAN AN A-1 FELONY OFFENSE  DEFINED  WITHIN  ARTICLE  TWO  HUNDRED
 TWENTY  OF THE PENAL LAW, 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, VEHICULAR MANSLAUGHTER IN THE FIRST
 DEGREE, CRIMINALLY NEGLIGENT HOMICIDE, ANY OFFENSE  DEFINED  IN  ARTICLE
 ONE  HUNDRED  THIRTY  OF  THE  PENAL LAW, INCEST, ANY OFFENSE DEFINED IN
 ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR AGGRAVATED  HARASS-
 MENT OF AN EMPLOYEE BY AN INMATE.
   §  811.  MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION. 1.  UPON
 SUCCESSFUL PARTICIPATION,  INCLUDING  ACTIVE  INVOLVEMENT,  SATISFACTORY
 ATTENDANCE  AND  COMPLIANCE  WITH  PROGRAM  REQUIREMENTS,  AS REASONABLY
 DETERMINED BY THE SHERIFF, IN AN EDUCATIONAL, VOCATIONAL, WORK, OR REHA-
 BILITATIVE PROGRAM APPROVED FOR  CREDIT  BY  THE  SHERIFF,  AN  ELIGIBLE
 INMATE  SHALL  ACCRUE CREDITS APPLIED TO HIS OR HER SENTENCE IN THE SAME
 MANNER AS JAIL TIME CREDIT PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION
 70.30 OF THE PENAL LAW IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (A)  ONE  CREDIT  SHALL ACCRUE FOR EVERY FOUR DAYS IN WHICH THE INMATE
 SUCCESSFULLY PARTICIPATES IN THE PROGRAM IF THE INMATE'S  HIGHEST  CRIME
 OF  CONVICTION  FOR  THE  SENTENCE  TO  WHICH THE CREDIT WILL APPLY IS A
 VIOLATION OFFENSE;
   (B) ONE CREDIT SHALL ACCRUE FOR EVERY NINE DAYS IN  WHICH  THE  INMATE
 SUCCESSFULLY  PARTICIPATES  IN  THE  PROGRAM  IF  THE  HIGHEST  CRIME OF
 CONVICTION FOR THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS  A  MISDE-
 MEANOR OFFENSE; AND
   (C) ONE CREDIT SHALL ACCRUE FOR EVERY FIFTEEN DAYS IN WHICH THE INMATE
 SUCCESSFULLY  PARTICIPATES  IN  THE  PROGRAM  IF  THE  HIGHEST  CRIME OF
 CONVICTION FOR THE SENTENCE TO WHICH THE CREDIT WILL APPLY IS  A  FELONY
 OFFENSE.
   2.  ACCRUED CREDITS SHALL, IN ACCORDANCE WITH THIS SECTION, BE APPLIED
 AGAINST AN ELIGIBLE INMATE'S SENTENCE  OR,  IF  PRE-TRIAL,  AGAINST  THE
 SENTENCE  ULTIMATELY  IMPOSED, AND SHALL DIMINISH THE INMATE'S PERIOD OF
 IMPRISONMENT ACCORDING TO THE SCHEDULE SET FORTH IN SUBDIVISION  ONE  OF
 THIS  SECTION;  PROVIDED,  HOWEVER, THAT IF THE INMATE IS CONVICTED OF A
 CRIME THAT RENDERS HIM OR HER INELIGIBLE TO RECEIVE MERIT TIME ALLOWANCE
 CREDIT UNDER THIS ARTICLE, ANY SUCH CREDITS ACCRUED SHALL BE  CONSIDERED
 ADMINISTRATIVE  PRIVILEGES  CREDITS  PURSUANT  TO  SECTION EIGHT HUNDRED
 THIRTEEN OF THIS ARTICLE.
   3. IF AN ELIGIBLE INMATE ACCRUES CREDITS PURSUANT TO PARAGRAPH (C)  OF
 SUBDIVISION ONE OF THIS SECTION DURING A PERIOD OF PRE-TRIAL OR PRE-SEN-
 TENCE  DETENTION  FOR  A  FELONY  OFFENSE, AND IS LATER CONVICTED OF AND
 SENTENCED TO A PERIOD OF IMPRISONMENT IN A STATE  CORRECTIONAL  FACILITY
 FOR  SUCH  A  FELONY OFFENSE, THE CREDITS ACCRUED BY THE INMATE SHALL BE
 APPLIED BY THE DEPARTMENT AS ADDITIONAL JAIL  TIME  CREDIT  PURSUANT  TO
 SUBDIVISION  THREE  OF  SECTION  70.30  OF THE PENAL LAW TO THE SENTENCE
 SERVED BY THE INMATE FOR SUCH FELONY OFFENSE.
   4. AN INMATE WHO IS NOT ELIGIBLE TO  PARTICIPATE  IN  THE  MERIT  TIME
 ALLOWANCE  CREDIT  PROGRAM  ESTABLISHED  BY  THIS  ARTICLE  MAY,  IN THE
 DISCRETION OF THE SHERIFF, NONETHELESS BE PERMITTED TO PARTICIPATE IN AN
 ADMINISTRATIVE PRIVILEGES  CREDIT  PROGRAM  PURSUANT  TO  SECTION  EIGHT
 HUNDRED THIRTEEN OF THIS ARTICLE.
   5.  ALL  PARTICIPATION BY AN INMATE IN THE MERIT TIME ALLOWANCE CREDIT
 PROGRAM AND  ADMINISTRATIVE  PRIVILEGES  CREDIT  PROGRAM  IS  VOLUNTARY.
 EXCEPT IN ADMINISTRATIVE PROCEEDINGS CONCERNING THE INMATE'S OPPORTUNITY
 TO  PARTICIPATE  IN,  OR  CONTINUE  TO  PARTICIPATE IN, SUCH A VOLUNTARY
 PROGRAM ADMINISTERED BY A CORRECTIONAL FACILITY, EVIDENCE OF AN INMATE'S
 FAILURE TO SUCCESSFULLY PARTICIPATE IN OR COMPLETE A MERIT  TIME  ALLOW-

 S. 216                              3
 
 ANCE  CREDIT PROGRAM OR ADMINISTRATIVE PRIVILEGES CREDIT PROGRAM, PURSU-
 ANT TO THIS  ARTICLE,  SHALL  NOT  BE  ADMISSIBLE  AGAINST  THE  INMATE,
 PROVIDED,  HOWEVER,  THAT  THE INMATE MAY PRESENT INFORMATION CONCERNING
 SUCCESSFUL PARTICIPATION FOR THE PURPOSES OF MITIGATION, WHERE RELEVANT,
 IN  ANY  COURT  OR  PROCEEDING.  UPON  ADMISSION TO A LOCAL CORRECTIONAL
 FACILITY, EACH INMATE SHALL BE NOTIFIED BY THE SHERIFF, IN  WRITING,  OF
 THE  EXISTENCE,  CRITERIA AND RULES GOVERNING PARTICIPATION IN THE MERIT
 TIME ALLOWANCE CREDIT PROGRAM.
   § 812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT. 1.  ANY  MERIT  TIME
 ALLOWANCE CREDIT ACCRUED PURSUANT TO THE PROGRAM ESTABLISHED PURSUANT TO
 THIS  ARTICLE MAY, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, BE WITH-
 HELD, FORFEITED OR CANCELLED IN WHOLE  OR  IN  PART  FOR  BAD  BEHAVIOR,
 VIOLATION  OF INSTITUTIONAL RULES OR FAILURE TO PARTICIPATE SUCCESSFULLY
 IN THE PROGRAM. THE SHERIFF SHALL NOTIFY THE INMATE PROMPTLY IN  WRITING
 OF THE REASONS FOR ANY SUCH DETERMINATION.
   2.  AN  INMATE  WHO  LOSES  A  MERIT TIME ALLOWANCE CREDIT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION IS ELIGIBLE FOR SUBSEQUENT PARTICIPATION
 IN A MERIT TIME ALLOWANCE CREDIT PROGRAM AT THE DISCRETION OF THE  SHER-
 IFF.
   §  813.  CERTAIN  ADMINISTRATIVE  PRIVILEGES  CREDITS  FOR  INELIGIBLE
 INMATES. 1. ANY INMATE NOT ELIGIBLE TO RECEIVE A  MERIT  TIME  ALLOWANCE
 CREDIT  PURSUANT  TO  THIS ARTICLE MAY NONETHELESS ACCRUE ADMINISTRATIVE
 PRIVILEGES CREDITS, IN A MANNER CONSISTENT WITH THE ACCRUAL SCHEDULE SET
 FORTH IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED ELEVEN OF  THIS  ARTI-
 CLE,  PROVIDED  THAT  SUCH  ADMINISTRATIVE PRIVILEGES CREDITS SHALL ONLY
 APPLY TOWARD OBTAINING CERTAIN ADMINISTRATIVE PRIVILEGES, PURSUANT TO  A
 LAWFUL PROGRAM ESTABLISHED AND ADMINISTERED BY THE SHERIFF, AT THE SHER-
 IFF'S  DISCRETION. UPON ADMISSION TO A LOCAL CORRECTIONAL FACILITY, EACH
 INMATE SHALL BE NOTIFIED BY THE SHERIFF, IN WRITING, OF  THE  EXISTENCE,
 CRITERIA  AND RULES GOVERNING PARTICIPATION IN THE ADMINISTRATIVE PRIVI-
 LEGES CREDIT PROGRAM.  ELIGIBLE INMATES MAY ALSO RECEIVE  SUCH  ADMINIS-
 TRATIVE PRIVILEGES CREDITS.
   2.  ADMINISTRATIVE PRIVILEGES CREDITS ACCRUED PURSUANT TO THIS SECTION
 SHALL BE APPLIED, AT THE REQUEST OF THE INMATE AND WITH CONSENT  OF  THE
 SHERIFF,  TOWARD  PRIVILEGES NOT GENERALLY ACCORDED TO THE GENERAL POPU-
 LATION OF INMATES AT THE LOCAL CORRECTIONAL FACILITY.  THE RULES GOVERN-
 ING PARTICIPATION IN THE PROGRAM SHALL DESCRIBE IN DETAIL THE  TYPES  OF
 PRIVILEGES  TO WHICH SUCH CREDITS MAY BE APPLIED AND THE NUMBER OF CRED-
 ITS REQUIRED FOR EACH TYPE.
   § 814. RECORD KEEPING. A CONTEMPORANEOUS RECORD SHALL BE KEPT  BY  THE
 SHERIFF  OF  ALL  MERIT TIME ALLOWANCE CREDITS AND ADMINISTRATIVE PRIVI-
 LEGES CREDITS AN INMATE ACCRUES PURSUANT TO THIS ARTICLE.  IN  ANY  CASE
 WHERE  THE  SHERIFF  HAS THE DUTY TO DELIVER AN INMATE TO THE CUSTODY OF
 THE DEPARTMENT, OR A SHERIFF OR SIMILAR DEPARTMENT IN ANOTHER  JURISDIC-
 TION,  WHETHER  UNDER  AN ORDER OF SENTENCE AND COMMITMENT OR OTHERWISE,
 THE SHERIFF SHALL ALSO DELIVER TO THE STATE CORRECTIONAL FACILITY, SHER-
 IFF OR SIMILAR DEPARTMENT TO WHICH THE INMATE IS DELIVERED, AND  TO  THE
 INMATE,  A  CERTIFIED  RECORD OF MERIT TIME ALLOWANCE CREDITS ACCRUED BY
 THE INMATE.
   § 2. Subdivision 3 of section 70.30 of the penal law,  as  amended  by
 chapter 3 of the laws of 1995, the opening paragraph as amended by chap-
 ter 1 of the laws of 1998, is amended to read as follows:
   3. Jail time. The term of a definite sentence, a determinate sentence,
 or  the  maximum  term  of an indeterminate sentence imposed on a person
 shall be credited with and diminished by the amount of time  the  person
 spent  in custody prior to the commencement of such sentence as a result

 S. 216                              4
 
 of the charge that culminated in the sentence. In the case of  an  inde-
 terminate sentence, if the minimum period of imprisonment has been fixed
 by the court or by the board of parole, the credit shall also be applied
 against  the  minimum period. The credit herein provided shall be calcu-
 lated from the date custody under the charge commenced to the  date  the
 sentence  commences  and  shall  not  include  any time that is credited
 against the term or maximum term of any previously imposed  sentence  or
 period  of post-release supervision to which the person is subject.  THE
 CREDIT HEREIN PROVIDED SHALL ALSO  INCLUDE  ANY  ADDITIONAL  MERIT  TIME
 ALLOWANCE  CREDIT  ACCRUED  IN A LOCAL CORRECTIONAL FACILITY PURSUANT TO
 ARTICLE TWENTY-FOUR-A OF THE CORRECTION LAW. Where the charge or charges
 culminate in more than one sentence, the  credit  shall  be  applied  as
 follows:
   (a)  If  the  sentences  run concurrently, the credit shall be applied
 against each such sentence;
   (b) If the sentences run consecutively, the credit  shall  be  applied
 against  the  aggregate  term or aggregate maximum term of the sentences
 and against the aggregate minimum period of imprisonment.
   In any case where a person has been in custody due to  a  charge  that
 culminated in a dismissal or an acquittal, the amount of time that would
 have  been  credited  against  a  sentence for such charge, had one been
 imposed, shall be credited against any  sentence  that  is  based  on  a
 charge  for which a warrant or commitment was lodged during the pendency
 of such custody.
   § 3. Subdivision 3 of section 70.30 of the penal law,  as  amended  by
 chapter  648  of  the  laws of 1979, the opening paragraph as separately
 amended by chapter 1 of the laws of 1998, is amended to read as follows:
   3. Jail time. The term of a definite sentence or the maximum  term  of
 an indeterminate sentence imposed on a person shall be credited with and
 diminished  by  the  amount of time the person spent in custody prior to
 the commencement of such sentence as a result of the charge that  culmi-
 nated  in the sentence. In the case of an indeterminate sentence, if the
 minimum period of imprisonment has been fixed by the  court  or  by  the
 board  of  parole,  the credit shall also be applied against the minimum
 period. The credit herein provided shall be  calculated  from  the  date
 custody  under  the  charge commenced to the date the sentence commences
 and shall not include any time that is  credited  against  the  term  or
 maximum  term  of  any previously imposed sentence or period of post-re-
 lease supervision to which the person is subject.    THE  CREDIT  HEREIN
 PROVIDED  SHALL  ALSO INCLUDE ANY ADDITIONAL MERIT TIME ALLOWANCE CREDIT
 ACCRUED IN A LOCAL CORRECTIONAL FACILITY  PURSUANT  TO  ARTICLE  TWENTY-
 FOUR-A  OF  THE CORRECTION LAW. Where the charge or charges culminate in
 more than one sentence, the credit shall be applied as follows:
   (a) If the sentences run concurrently, the  credit  shall  be  applied
 against each such sentence;
   (b)  If  the  sentences run consecutively, the credit shall be applied
 against the aggregate term or aggregate maximum term  of  the  sentences
 and against the aggregate minimum period of imprisonment.
   In  any  case  where a person has been in custody due to a charge that
 culminated in a dismissal or an acquittal, the amount of time that would
 have been credited against a sentence for  such  charge,  had  one  been
 imposed,  shall  be  credited  against  any  sentence that is based on a
 charge for which a warrant or commitment was lodged during the  pendency
 of such custody.
   § 4. 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

 S. 216                              5
 
 amendments to subdivision 3 of section 70.30 of the penal  law  made  by
 section two of this act shall be subject to the expiration and reversion
 of such subdivision 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 three of this act shall take effect.