NY State Senate Bill 2019-S7633A

Senate Bill S7633A

2019-2020 Legislative Session

Relates to including credits earned from a higher education institution as a condition on which the merit board may grant merit time

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Mar 18, 2020	advanced to third reading
Mar 11, 2020	2nd report cal.
Mar 10, 2020	1st report cal.587
Mar 06, 2020	print number 7633a
Mar 06, 2020	amend and recommit to crime victims, crime and correction
Feb 03, 2020	referred to crime victims, crime and correction

Votes

- Mar 10, 2020 - Crime Victims, Crime And Correction Committee Vote
  S7633A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 10, 2020
      
      aye (6)
      
      Akshar
      
      Bailey
      
      Montgomery
      
      Myrie
      
      Rivera
      
      Sepúlveda
      
      aye wr (1)
      
      Gallivan

Bill Amendments

Original

A (Active)

2019-S7633 - Details

See Assembly Version of this Bill:: A9543
Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Amd §803, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S261, A3078

2019-S7633 - Summary

Includes earning at least eighteen credits from a program registered by the state education department from a degree-granting higher education institution as a condition on which the merit board may grant merit time.

2019-S7633 - Sponsor Memo

                                
 
BILL NUMBER: S7633

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the correction law, in relation to including credits
earned from a higher education institution as a condition on which the
merit board may grant merit time

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 amend respectively subparagraph (iv) 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 and subparagraph (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 to provide that
an inmate who obtains at least 18 credits in a degree-granting program
at an accredited higher education institution may be granted a merit
time allowance.

Section 3 provides the effective date.

 
JUSTIFICATION:

Under New York State Law, there are two categories of eligibility for
early release: 1) Merit Board, which is for people with non-violent
convictions, and 2) Limited Time Credit Allowance (LTCA), which is for
people with violent convictions. Currently, participation in a college
program is not included as part of the criteria that makes an incarcer-
ated person Merit Board eligible but is included in the criteria that
makes one LTCA eligible. As college in prison has been recognized under
one eligibility regime but not the other, this discrepancy calls for
immediate reconciliation.

This lapse in Correction law disproportionately affects women. Of Bard
Prison Initiative (BPI) students, women are much more likely than men to
be eligible for Merit Board rather than LTCA consideration. The people
affected are those who come to prison having already completed a high
school diploma or equivalency (and cannot therefore earn merit time by
doing so). These individuals enroll in college, but as they get closer
to release learn that they must drop their college courses in favor of
merit-eligible programs (e.g. vocational training). If college were
included in the Merit Board eligibility criteria, no one would have to
decide between dropping out of college and staying in prison longer.
This is a false choice, as college has been shown to be one of the most
effective means to successfully reintegrate someone into society.

As it stands, this discrepancy in the law affects an estimated 13% of
female BPI students. A student who has completed at least 18 credits in
a degree-granting program at an accredited institution of higher learn-
ing is more likely to continue their education post-release, gain
employment, have access to resources and leverage their education
through their relationship with said institution.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.

 
EFFECTIVE DATE:
Immediately after becoming law.

2019-S7633 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7633
 
                             I N  S E N A T E
 
                             February 3, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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, in relation to including credits
   earned from a higher education institution as a condition on which the
   merit board may grant merit time

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iv)  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:
   (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 general equivalency diploma, an alcohol  and  substance  abuse
 treatment certificate, a vocational trade certificate following at least
 six  months  of  vocational  programming, AT LEAST EIGHTEEN CREDITS IN A
 DEGREE-GRANTING PROGRAM AT AN ACCREDITED HIGHER EDUCATION INSTITUTION or
 performs 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. Subparagraph (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, is amended to read as follows:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14733-02-0

 S. 7633                             2
 
 obtains  a  general  equivalency diploma, an alcohol and substance abuse
 treatment certificate, a vocational trade certificate following at least
 six months of vocational programming, AT LEAST  EIGHTEEN  CREDITS  IN  A
 DEGREE-GRANTING PROGRAM AT AN ACCREDITED HIGHER EDUCATION INSTITUTION or
 performs  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. This act shall take effect immediately, provided that the amend-
 ments to subparagraph (iv) of paragraph (d) of subdivision 1 of  section
 803  of  the  correction  law  made  by section one of this act shall be
 subject to the expiration and reversion  of  such  section  pursuant  to
 section  74 of chapter 3 of the laws of 1995, as amended, when upon such
 date the provisions of section two of this act shall take effect.

co-Sponsors

View additional co-sponsors

2019-S7633A (ACTIVE) - Details

See Assembly Version of this Bill:: A9543
Current Committee:: Senate Rules
Law Section:: Correction Law
Laws Affected:: Amd §803, Cor L
Versions Introduced in 2021-2022 Legislative Session:: S261, A3078

2019-S7633A (ACTIVE) - Summary

2019-S7633A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7633A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the correction law, in relation to including credits
earned from a higher education institution as a condition on which the
merit board may grant merit time

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 amend respectively subparagraph (iv) 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 and subparagraph (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 to provide that
an inmate who obtains at least 18 credits in a degree-granting program
registered by the New York State Education Department may be granted a
merit time allowance.

Section 3 provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):  The
term "accredited" is replaced with "registered by the New York State
Department of Education" to include institutions that are not eligible
to be accredited by a USDOE accrediting body but offer programs that are
reviewed and approved by the New York State Education Department.

 
JUSTIFICATION:

Under New York State Law, there are two categories of eligibility for
early release: 1) Merit Board, which is for people with non-violent
convictions, and 2) Limited Time Credit Allowance (LTCA), which is for
people with violent convictions. Currently, participation in a college
program is not included as part of the criteria that makes an incarcer-
ated person Merit Board eligible but is included in the criteria that
makes one LTCA eligible. As college in prison has been recognized under
one eligibility regime but not the other, this discrepancy calls for
immediate reconciliation.

This lapse in Correction law disproportionately affects women. For exam-
ple, of Bard Prison Initiative (BPI) students, women are much more like-
ly than men to be eligible for Merit Board rather than LTCA consider-
ation. The people affected are those who come to prison having already
completed a high school diploma or equivalency (and cannot therefore
earn merit time by doing so). These individuals enroll in college, but
as they get closer to release learn that they must drop their college
courses in favor of merit-eligible programs (e.g. vocational training).
If college were included in the Merit Board eligibility criteria, no one
would have to decide between dropping out of college and staying in
prison longer. This is a false choice, as college has been shown to be
one of the most effective means to successfully reintegrate someone into
society.

As it stands, this discrepancy in the law affects an estimated 13% of
female BPI students. A student who has completed at least 18 credits in
a degree-granting program in a program registered by the New York State
Education Department from a degree granting higher education institute
is more likely to continue their education post-release, gain employ-
ment, have access to resources and leverage their education through
their relationship with said institution.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Unknown.

 
EFFECTIVE DATE:
Immediately after becoming law.

2019-S7633A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7633--A
 
                             I N  S E N A T E
 
                             February 3, 2020
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the correction law, in relation to including credits
   earned from a higher education institution as a condition on which the
   merit board may grant merit time
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iv)  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:
   (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 general equivalency diploma, an alcohol  and  substance  abuse
 treatment certificate, a vocational trade certificate following at least
 six  months  of  vocational  programming, AT LEAST EIGHTEEN CREDITS IN A
 PROGRAM REGISTERED BY THE STATE  EDUCATION  DEPARTMENT  FROM  A  DEGREE-
 GRANTING  HIGHER EDUCATION INSTITUTION or performs 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.  Subparagraph  (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, is amended to read as follows:
   (iv)  Such merit time allowance may be granted when an inmate success-
 fully participates in the work and treatment program  assigned  pursuant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14733-04-0

 S. 7633--A                          2
 
 to  section  eight  hundred  five  of  this article and when such inmate
 obtains a general equivalency diploma, an alcohol  and  substance  abuse
 treatment certificate, a vocational trade certificate following at least
 six  months  of  vocational  programming, AT LEAST EIGHTEEN CREDITS IN A
 PROGRAM REGISTERED BY THE STATE  EDUCATION  DEPARTMENT  FROM  A  DEGREE-
 GRANTING  HIGHER EDUCATION INSTITUTION or performs 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. This act shall take effect immediately, provided that the amend-
 ments to subparagraph (iv) of paragraph (d) of subdivision 1 of  section
 803  of  the  correction  law  made  by section one of this act shall be
 subject to the expiration and reversion  of  such  section  pursuant  to
 section  74 of chapter 3 of the laws of 1995, as amended, when upon such
 date the provisions of section two of this act shall take effect.

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