NY State Senate Bill 2023-S4326

Senate Bill S4326

2023-2024 Legislative Session

Relates to controlled substances and indeterminate sentences; to the expansion of merit time; repealer

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Current 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 03, 2024	referred to crime victims, crime and correction
Feb 07, 2023	referred to crime victims, crime and correction

co-Sponsors

2023-S4326 (ACTIVE) - Details

See Assembly Version of this Bill:: A1392
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2932, A6487
2011-2012: S338, A154
2013-2014: S1377, A4198
2015-2016: S980, A2641
2017-2018: S4260, A3351
2019-2020: S808, A3955
2021-2022: S4702, A2241

2023-S4326 (ACTIVE) - Summary

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.

2023-S4326 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4326

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

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 terrorism,
aggravated harassment of an employee by an inmate, or an attempt or
conspiracy to commit any such offense, to earn merit time allowance; and
to repeal section 803-b of the correction law relating to limited credit
time allowances

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand eligibility in the merit time allowance program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 803 of the correction law to allow
all inmates, except those serving a sentence of life imprisonment with-
out parole 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, an offense defined in article two hundred sixty-
three of the penal law, an act of terrorism as defined in article four
hundred ninety of the penal law, aggravated harassment of an employee by
an inmate, or an attempt or conspiracy to commit any such offense.

The merit time allowance would be one-sixth of an indeterminate and
one-seventh of a determinate sentence. This section of the bill also
expands the criteria that a person in the custody of the Department of
Correctional Services (DOCS) may meet in order to earn merit time.
Section 2, 3, and 4 of the bill are conforming changes.

Sections 3 through 7 make technical is repeal of merit time eligibility

Section 9 makes a conforming changes to the bill , and changes to avoid
unintended automatic merit time for certain offenders in the Executive
Law.

Section 10 is the effective date

 
JUSTIFICATION:

The Merit Time program allows inmates who excel, attain educational and
vocational degrees, and maintain a stellar disciplinary record the
opportunity to present their case to the Parole Board earlier than they
otherwise would have. The program promotes the rehabilitation of
inmates, and thereby provides several significant benefits.  Specif-
ically, the program improves discipline within prison, enables the
Parole Board to make better evaluations of an inmate's ability to rein-
tegrate into society, and saves the State millions of dollars.  For
these reasons the Governor's Commission on Sentencing Reform recommended
the program be expanded to allow violent offenders to participate. This
bill accomplishes that goal.

THE MERIT TIME PROGRAM PROMOTES REHABILITATION The program was first
instituted in 1997, and has been exceedingly successful. The results are
clear. Merit Time motivates inmates to take ownership of their future,
and to better themselves in order to prove that they are worthy of
release by the Parole Board, rather than simply waiting out their maxi-
mum sentence until the State is required to grant their release. Those
who successfully complete the Merit Time program and are released by the
Parole Board show far better recidivism rates than those who served out
their maximum sentence. Since 1997, only 6.1% of inmates who completed
the Merit Time program were convicted on another crime within two years,
as opposed to 16.5% return for new offense rate for all releases since
records have been kept. These men and women have made permanent and
profound changes in their lives.  They left prison rehabilitated.

This bill expands on the successes of the Merit Time program. When the
original program was instituted in the late 20th century, violent offen-
ders were prohibited from participation, due to the fear that these
individuals were the "worst of the worst." It is true that those who
cause physical harm to another person, or take a life, deserve greater
punishment than those who commit other crimes. But it is false to
presume that a person who committed a violent crime is less able to be
rehabilitated than a person who committed a nonviolent crime.

Indeed, the opposite is true: The most serious violent offenders have a
lower recidivism rate than every category of non-violent offender.  Of
the 585 most serious violent felony offenders who were released to
parole supervision for the first time between 2005 and 2008, none has
returned to prison for a new crime. Extending merit time to violent
offenders makes sense. Because violent offenders are better able to
rehabilitate themselves and live law abiding lives after they are rein-
tegrated into the community, it is well worth allowing them to partic-
ipate in the Merit Time program. There are several other benefits as
well.

THE MERIT TIME PROGRAM IMPROVES DISCIPLINE IN PRISON. Maintaining safety
in prisons is directly related to the balanced ability to punish nega-
tive behavior and poor program participation while rewarding positive
behavior and good, program participation. An inmate who is able to
affirmatively take responsibility for their management programs, job
training classes, high school and college courses, all while maintaining
a superior disciplinary record, will behave better than an inmate who
has no such opportunities or incentives. The Merit Time program discour-
ages inmates from breaking the rules, and therefore facilitates the
effective administration of the prison. Indeed, the program has been
shown to reduce violence in prisons. This bill facilitates those posi-
tive outcomes by expanding the eligibility for the merit time program.

THE MERIT TIME PROGRAM SERVES AS AN EVALUATIVE TOOL For the Parole Board
to accurately assess the risk posed by an offender's reentry into the
community, they must understand the personal deficiencies in that
inmate's character that led to their incarceration, the actions taken by
that inmate to rehabilitate themselves while incarcerated, and have a
way to measure the results. The Merit Time program provides that infor-
mation, and the Parole Board is thereby enabled to make an informed
decision when considering the application of those inmates. This is
especially significant in the case of violent offenders, who we want to
be sure are truly rehabilitated before they are released.

THE MERIT TIME PROGRAM SAVES THE STATE HUNDREDS OF MILLIONS OF DOLLARS.
It costs over $50,000 (medical and capital construction costs included)
to confine an inmate for one year. New York State taxpayers benefit when
prison is reserved for offenders who pose a risk to the public. The
Merit Time Program reduces incarceration costs by limiting the time that
persons who have proven their rehabilitation remain in prison, and
reducing the astronomical expense associated with recidivism. More
effective and less costly prison management, and control of prisoners
with less pressure on correctional officers, are corollary benefits of
good rehabilitation programs and earned rehabilitative incentives. We
should therefore work to expand successful programs that encourage
inmates to become better people, and demonstrate that they are prepared
to thrive and provide a benefit to society after their release. The
Department of Corrections Services estimates that the Merit Time program
has saved the State nearly $384 million dollars over the course often
years by graduating people those who have proven their worth.

Increasing incarceration while ignoring more effective approaches
imposes a heavy burden upon courts, corrections and communities, while
providing no impact on crime. Should this legislature expand eligibility
to violent offenders who have shown that they can reenter society safe-
ly, the State will save tens of millions more. In order to achieve the
desired public safety outcome, the requirements for an expanded Merit
Time Program for offenders with a history of violent behavior must be
rigorous and designed to promote life changing behaviors. As proposed
under this legislation only offenders participating in exceptional
programming aimed at permanently changing antisocial behaviors can
successfully complete the Merit Time Program.

As a result many Will not be eligible for the credit. Merit time credit
is not constituted as a right. It is only a privilege incentive afforded
to those who exhibit exceptional rehabilitative behaviors and adjust-
ment. An individual who continues to demonstrate counterproductive
behavior will not be eligible for merit time credit, and the Parole
Board will take longer to consider their case.

 
PRIOR LEGISLATIVE HISTORY:

S. 4702 of 2021-22: Referred to Crime Victims, Crime and Correction;
2013-2020: Referred to Crime Victims, Crime and Correction Annually
2012: Discharge to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The bill will result in savings to the state because the early release
of inmates who earn merit time will result in a continued decline in the
prison population.

 
EFFECTIVE DATE:
The 90th day after becoming law.

2023-S4326 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4326
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, SALAZAR -- read twice and ordered print-
   ed, and when printed  to  be  committed  to  the  Committee  on  Crime
   Victims, Crime and 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

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

 S. 4326                             2

 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.
   § 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.
 S. 4326                             3
 
   (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
 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.
 S. 4326                             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
 S. 4326                             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.

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Senate Bill S4326

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Sponsored By

Luis R. Sepúlveda