S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2241
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M.  of A. AUBRY, WALKER, WEPRIN, RICHARDSON -- read once
   and referred to the Committee on 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,  and  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 terror-
   ism, aggravated harassment of an employee by an inmate, or an  attempt
   or  conspiracy  to  commit any such offense, to earn merit time allow-
   ance; 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,]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00409-01-1

 A. 2241                             2
 
 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.
   (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

 A. 2241                             3
 
 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.
   § 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

 A. 2241                             4
 
 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.
   § 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.