S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1392
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of A. AUBRY, BURGOS, CARROLL, WALKER, WEPRIN -- 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, subparagraph (i) as added
 by section 7 of chapter 738 of the laws of 2004, subparagraphs (ii)  and
 (iv)  as  amended  by section 224 of chapter 322 of the laws of 2021 and
 subparagraph (iv) as separately amended by section 1 of chapter  242  of
 the laws of 2021, 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03844-01-3
              

 A. 1392                             2

 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
 an employee by an incarcerated individual, OR AN ATTEMPT  OR  CONSPIRACY
 TO COMMIT ANY SUCH OFFENSE.
   (iv)  Such  merit  time  allowance may be granted when an incarcerated
 individual successfully participates in the work and  treatment  program
 assigned pursuant to section eight hundred five of this article and when
 such  incarcerated individual [obtains a] ACHIEVES ONE OF THE FOLLOWING:
 (1) COMPLETES HIS OR HER general equivalency diploma, HIS OR HER  EDUCA-
 TIONAL  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  certif-
 icate following at least six months of vocational programming,] 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, INCARCERATED INDIVIDUAL
 PROGRAM AIDE (IIPA), LAW LIBRARY CLERK,  MEDICAL/INFIRMARY  AIDE,  CHIL-
 DREN'S  CENTER  AIDE,  AND  FOOD  SERVICE WORKER; (5) COMPLETES at least
 eighteen credits in a program registered by the state education  depart-
 ment  from  a  degree-granting  higher  education  institution;  or  (6)
 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  incar-
 cerated individual, 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 incarcerated individual, 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, subparagraph  (i)  as  added  by
 section  10-a of chapter 738 of the laws of 2004, subparagraphs (ii) and
 (iv) as amended by section 224-a of chapter 322 of the laws of 2021  and
 subparagraph  (iv)  as separately amended by section 2 of chapter 242 of
 the laws of 2021, 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
 A. 1392                             3

 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
 an employee by an incarcerated individual, OR AN ATTEMPT  OR  CONSPIRACY
 TO COMMIT ANY SUCH OFFENSE.
   (iv)  Such  merit  time  allowance may be granted when an incarcerated
 individual successfully participates in the work and  treatment  program
 assigned pursuant to section eight hundred five of this article and when
 such  incarcerated individual [obtains a] ACHIEVES ONE OF THE FOLLOWING:
 (1) COMPLETES HIS OR HER general equivalency diploma, HIS OR HER  EDUCA-
 TIONAL  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  certif-
 icate following at least six months of vocational programming,] 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, INCARCERATED INDIVIDUAL
 PROGRAM AIDE (IIPA), LAW LIBRARY CLERK,  MEDICAL/INFIRMARY  AIDE,  CHIL-
 DREN'S  CENTER  AIDE,  AND  FOOD  SERVICE WORKER; (5) COMPLETES at least
 eighteen credits in a program registered by the state education  depart-
 ment  from  a  degree-granting  higher  education  institution;  or  (6)
 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  incar-
 cerated individual, 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 incarcerated individual, 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.
 A. 1392                             4
 
   § 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
 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
 A. 1392                             5

 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.