NY State Senate Bill 2021-S8150

Senate Bill S8150

2021-2022 Legislative Session

Establishes merit time allowance credits and certain administrative privileges credits for local correctional facilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2022	referred to crime victims, crime and correction

2021-S8150 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Add Art 24-A §§810 - 813, Cor L; amd §70.30, Pen L
Versions Introduced in 2023-2024 Legislative Session:: S210

2021-S8150 (ACTIVE) - Summary

Establishes merit time allowance credits for local correctional facilities for eligible inmates.

2021-S8150 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8150

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the correction law and the penal law, in relation to
establishing merit time allowance credits for local correctional facili-
ties

 
PURPOSE:

To establish a merit time allowance credit and certain administrative
privileges credits for local correctional facilities

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the correction law to add article 24-a.

Section 2 amends subdivision 3 of section 70.30 of the penal law chapter
3 of the laws of 1995.

Section 3 amends subdivision 3 of section 70.30 of the penal law chapter

648 of the laws of 1979. Section 4 provides an effective date.

 
EXISTING LAW:

General provisions on time served, adds new option.

 
JUSTIFICATION:

The local merit time credit allowance program will allow jail inmates
who participate in programs and maintain a good disciplinary record the
opportunity to earn credit time off of their jail sentences. The program
provides an incentive for good behavior and discipline within jails, and
should make jails safer for inmates and staff

This bill allows most jail inmates to earn merit time credits for
participation in programs and work assignments approved by the sheriff.
Inmates who are transferred to the custody of DOCCS will receive jail
time credit for any such merit time allowance credits they received
while detained in county jails and at Rikers.

 
LEGISLATIVE HISTORY:

2019-20: S.216 / A.2484

2017-18: S.9122 /A.10360

 
FISCAL IMPLICATIONS:

None. Will save the counties money by shortening incarceration times of
well-behaved inmates.

 
LOCAL FISCAL IMPLICATIONS:

None. Will save the counties money by shortening incarceration times of
well-behaved inmates.

 
EFFECTIVE DATE:
Immediately.

2021-S8150 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8150
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  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
                     FOR LOCAL CORRECTIONAL FACILITIES
 SECTION 810. DEFINITIONS.
         811. MERIT TIME ALLOWANCE CREDIT ACCRUAL AND APPLICATION.
         812. FORFEITURE OF MERIT TIME ALLOWANCE CREDIT.
         813. 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 INCARCERATED INDIVIDUAL MUST SERVE IN A CORRECTIONAL FACILITY ON
 THE INCARCERATED INDIVIDUAL'S SENTENCE UPON CONVICTION; AND
   2. "ELIGIBLE INCARCERATED INDIVIDUAL" MEANS AN INCARCERATED INDIVIDUAL
 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  PARTIC-
 IPATES  IN  THE MERIT TIME ALLOWANCE CREDIT PROGRAM ESTABLISHED PURSUANT
 TO THIS ARTICLE.
   § 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  INCARCERATED  INDIVIDUAL  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.  ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05087-05-2
 S. 8150                             2
 
 CREDIT  SHALL ACCRUE FOR EVERY FOUR DAYS IN WHICH THE INCARCERATED INDI-
 VIDUAL SUCCESSFULLY PARTICIPATES IN THE PROGRAM.
   2.  ACCRUED CREDITS SHALL, IN ACCORDANCE WITH THIS SECTION, BE APPLIED
 AGAINST AN ELIGIBLE INCARCERATED INDIVIDUAL'S SENTENCE OR, IF PRE-TRIAL,
 AGAINST THE SENTENCE ULTIMATELY IMPOSED, AND SHALL DIMINISH  THE  INCAR-
 CERATED  INDIVIDUAL'S  PERIOD  OF IMPRISONMENT ACCORDING TO THE SCHEDULE
 SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   3. IF AN ELIGIBLE INCARCERATED INDIVIDUAL ACCRUES CREDITS PURSUANT  TO
 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 INCARCERATED INDI-
 VIDUAL 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 INCARCERATED INDIVIDUAL FOR SUCH FELONY OFFENSE.
   4. ALL PARTICIPATION BY AN INCARCERATED INDIVIDUAL IN THE  MERIT  TIME
 ALLOWANCE   CREDIT   PROGRAM  IS  VOLUNTARY.  EXCEPT  IN  ADMINISTRATIVE
 PROCEEDINGS CONCERNING  THE  INCARCERATED  INDIVIDUAL'S  OPPORTUNITY  TO
 PARTICIPATE  IN, OR CONTINUE TO PARTICIPATE IN, SUCH A VOLUNTARY PROGRAM
 ADMINISTERED BY A CORRECTIONAL FACILITY,  EVIDENCE  OF  AN  INCARCERATED
 INDIVIDUAL'S  FAILURE TO SUCCESSFULLY PARTICIPATE IN OR COMPLETE A MERIT
 TIME ALLOWANCE CREDIT PROGRAM, PURSUANT TO THIS ARTICLE,  SHALL  NOT  BE
 ADMISSIBLE  AGAINST THE INCARCERATED INDIVIDUAL, PROVIDED, HOWEVER, THAT
 THE INCARCERATED INDIVIDUAL MAY PRESENT INFORMATION CONCERNING  SUCCESS-
 FUL PARTICIPATION FOR THE PURPOSES OF MITIGATION, WHERE RELEVANT, IN ANY
 COURT  OR  PROCEEDING.  UPON ADMISSION TO A LOCAL CORRECTIONAL FACILITY,
 EACH INCARCERATED INDIVIDUAL SHALL BE NOTIFIED BY THE SHERIFF, IN  WRIT-
 ING, 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 INCARCERATED INDIVIDUAL
 PROMPTLY IN WRITING OF THE REASONS FOR ANY SUCH DETERMINATION.
   2. AN INCARCERATED INDIVIDUAL 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 SHERIFF.
   § 813. RECORD KEEPING. A CONTEMPORANEOUS RECORD SHALL BE KEPT  BY  THE
 SHERIFF  OF  ALL MERIT TIME ALLOWANCE CREDITS AN INCARCERATED INDIVIDUAL
 ACCRUES PURSUANT TO THIS ARTICLE. IN ANY CASE WHERE THE SHERIFF HAS  THE
 DUTY TO DELIVER AN INCARCERATED INDIVIDUAL TO THE CUSTODY OF THE DEPART-
 MENT, OR A SHERIFF OR SIMILAR DEPARTMENT IN ANOTHER JURISDICTION, WHETH-
 ER  UNDER  AN ORDER OF SENTENCE AND COMMITMENT OR OTHERWISE, THE SHERIFF
 SHALL ALSO DELIVER TO THE STATE CORRECTIONAL FACILITY, SHERIFF OR  SIMI-
 LAR DEPARTMENT TO WHICH THE INCARCERATED INDIVIDUAL IS DELIVERED, AND TO
 THE  INCARCERATED INDIVIDUAL, A CERTIFIED RECORD OF MERIT TIME ALLOWANCE
 CREDITS ACCRUED BY THE INCARCERATED INDIVIDUAL.
   § 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
 S. 8150                             3
 
 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
 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.
 S. 8150                             4
 
   § 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.

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