NY State Senate Bill 2021-S8602

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
Mar 21, 2022	referred to crime victims, crime and correction

2021-S8602 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §803-b, Cor L
Versions Introduced in 2023-2024 Legislative Session:: S483

2021-S8602 (ACTIVE) - Summary

Increases the limited credit time allowances for certain incarcerated individuals serving indeterminate or determinate sentences imposed for specified offenses up to twenty-four months.

2021-S8602 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8602

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the correction law, in relation to the limited credit
time allowances for certain  incarcerated individuals

 
PURPOSE OF BILL:

The goal of this bill is to increase the existing limited credit time
allowance (LCTA) for incarcerated individuals from six months to twen-
ty-four months. The LCTA provides a significant incentive for individ-
uals serving lengthy sentences to take all steps possible to engage in
and succeed at programs, educational opportunities, and other rehabili-
tative efforts.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 803-b of the correction law, as added by
section 4 of part L of chapter 56 of the laws of 2009, clauses (A) and
(C) of subparagraph (ii) as amended by chapter 322 of the laws of 2021,

to provide that eligible individuals shall be eligible for release twen-
ty-four months before the completion of the controlling minimum period
of imprisonment if they have engaged in significant programmatic activ-
ities and have not had a significant disciplinary history.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

This bill expands the allowable amount of good time credit from six
months to twenty-four months for eligible incarcerated individuals
(individuals serving an indeterminate sentence with a maximum term of
life as well as individuals not subject to such terms.) Under existing
law, eligible individuals are eligible for this allowance if they
successfully complete one or more significant programmatic accomplish-
ments (such as educational attainment, positive work history within
DOCCS, or other similar efforts), have not committed a serious discipli-
nary infraction or maintained an overall negative institutional record
as defined in rules and regulations promulgated by the commissioner, and
have not received a disqualifying judicial determination. This bill does
not alter the definition or requirements, but does increase the incen-
tive for such positive and rehabilitative work by increasing the allow-
ance to twenty-four months. This change will aid in rehabilitation,
assist individuals who have demonstrated such positive efforts to return
to their families and communities earlier than they otherwise would so
they can be valuable members of their communities, improve discipline
within the prisons, and save the state money.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

This bill will save the state a significant amount of money as it will
decrease the time individuals will spend incarcerated and will increase

the economic value and contribution individuals will make to their
communities upon release.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8602 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8602
 
                             I N  S E N A T E
 
                              March 21, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 the limited credit
   time allowances for certain  incarcerated individuals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 1 of section 803-b of the
 correction law, as added by section 4 of part L of  chapter  56  of  the
 laws  of  2009,  clauses  (A) and (C) of subparagraph (ii) as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   (b) "limited credit time benefit" means:
   (i) in the case of an eligible offender who is subject to an  indeter-
 minate  sentence with a maximum term of life imprisonment, such offender
 shall be eligible  for  release  [six]  TWENTY-FOUR  months  before  the
 completion  of the controlling minimum period of imprisonment as defined
 by subdivision one of section 70.40 of the penal law; or
   (ii) (A) in the case of an eligible offender who is not subject to  an
 indeterminate  sentence  with  a maximum term of life imprisonment, such
 offender shall be eligible for  conditional  release  [six]  TWENTY-FOUR
 months  earlier  than as provided by paragraph (b) of subdivision one of
 section 70.40 of the penal law, provided that the department  determines
 such  offender  has  earned  the  full amount of good time authorized by
 section eight hundred three of this article; the withholding of any good
 behavior time credit by the  department  shall  render  an  incarcerated
 individual ineligible for the credit defined herein;
   (B) in the event the limited credit time benefit defined herein causes
 such  conditional release date to precede the parole eligibility date as
 calculated pursuant to subdivision one of section  70.40  of  the  penal
 law,  a  limited credit time benefit shall also be applied to the parole
 eligibility date, but only to the extent necessary to cause such  parole
 eligibility date to be the same date as the conditional release date;
   (C)  an  incarcerated  individual shall not be eligible for the credit
 defined herein if he or she is returned to the department pursuant to  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15001-02-2
 S. 8602                             2
 
 revocation of presumptive release, parole, conditional release, or post-
 release supervision and has not been sentenced to an additional indeter-
 minate or determinate term of imprisonment.
   (iii)  Regardless  of  the  number  of  sentences to which an eligible
 offender is subject, the limited credit time benefit authorized pursuant
 to this section shall be limited to a  single  [six-month]  TWENTY-FOUR-
 MONTH  credit  applied to such person's parole eligibility date pursuant
 to subparagraph (i) of this paragraph or to  such  person's  conditional
 release  date pursuant to subparagraph (ii) of this paragraph. Except as
 provided in clause (B) of  subparagraph  (ii)  of  this  paragraph,  the
 limited  credit  time  benefit authorized pursuant to this section shall
 not be applied to an eligible offender's  parole  eligibility  date  and
 conditional release date.
   § 2. This act shall take effect immediately.

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Senate Bill S8602

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2021-S8602 (ACTIVE) - Details

2021-S8602 (ACTIVE) - Summary

2021-S8602 (ACTIVE) - Sponsor Memo

2021-S8602 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8602

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Sponsored By

Julia Salazar

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

2021-S8602 (ACTIVE) - Details

2021-S8602 (ACTIVE) - Summary

2021-S8602 (ACTIVE) - Sponsor Memo

2021-S8602 (ACTIVE) - Bill Text download pdf

Comments