NY State Senate Bill 2021-S261

Senate Bill S261

Signed By Governor

2021-2022 Legislative Session

Includes 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 Via A3078 - Signed by Governor

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 16, 2021	signed chap.242
Jul 12, 2021	delivered to governor
Apr 21, 2021	returned to assembly passed senate 3rd reading cal.567 substituted for s261
Apr 21, 2021	substituted by a3078
Mar 18, 2021	advanced to third reading
Mar 17, 2021	2nd report cal.
Mar 16, 2021	1st report cal.567
Jan 06, 2021	referred to crime victims, crime and correction

Votes

- Apr 21, 2021 - Floor Vote
  A3078
  
  54
  
  Aye
  
  9
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 21, 2021
      
      aye (54)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (9)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Rath III
      
      Tedisco
  Mar 16, 2021 - Crime Victims, Crime And Correction Committee Vote
  S261
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 16, 2021
      
      aye (6)
      
      Akshar
      
      Bailey
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      aye wr (1)
      
      Gallivan

co-Sponsors

View additional co-sponsors

2021-S261 (ACTIVE) - Details

See Assembly Version of this Bill:: A3078
Law Section:: Correction Law
Laws Affected:: Amd §803, Cor L
Versions Introduced in 2019-2020 Legislative Session:: S7633, A9543

2021-S261 (ACTIVE) - 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.

2021-S261 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S261

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:

2019-20: A9543 (Epstein)/ S7633A (Myrie)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments 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.

2021-S261 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    261
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. MYRIE, BAILEY, BENJAMIN, COMRIE, FELDER, GIANARIS,
   HOYLMAN, JACKSON, KAVANAGH,  KRUEGER,  MAY,  MAYER,  RIVERA,  SALAZAR,
   SEPULVEDA, STAVISKY -- read twice and ordered printed, and when print-
   ed  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
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02464-01-1

 S. 261                              2
 
   § 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
 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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