S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4251
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A. WEPRIN, CRUZ -- read once and referred to the
   Committee on 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,
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05087-01-1

 A. 4251                             2
 
 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
 THE ACTIVE PARTICIPATION IN AN EDUCATIONAL, VOCATIONAL, WORK, OR REHABI-
 LITATIVE PROGRAM THAT HAS BEEN  ASSIGNED  BY  THE  CHIEF  ADMINISTRATIVE
 OFFICER,  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-
 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

 A. 4251                             3

 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
 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

 A. 4251                             4
 
 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
 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.