S T A T E O F N E W Y O R K
________________________________________________________________________
206
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. CRUZ, BURDICK, KELLES, EPSTEIN -- read once and
referred to the Committee on Correction
AN ACT to amend the correction law, in relation to failure to complete a
program for time allowances due to circumstances beyond an individ-
ual's control
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 803 of the
correction law, as amended by section 37 of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
(a) Every person confined in an institution of the department or a
facility in the department of mental hygiene serving an indeterminate or
determinate sentence of imprisonment, except a person serving a sentence
with a maximum term of life imprisonment, may receive time allowance
against the term or maximum term of [his or her] SUCH PERSON'S sentence
imposed by the court. Such allowances may be granted for good behavior
and efficient and willing performance of duties assigned or progress and
achievement in an assigned treatment program, and may be withheld,
forfeited or canceled in whole or in part for bad behavior, violation of
institutional rules or failure to perform properly in the duties or
program assigned. SUCH ALLOWANCES SHALL NOT BE WITHHELD IF A PERSON
FAILS TO COMPLETE A PROGRAM BECAUSE OF CIRCUMSTANCES BEYOND SUCH
PERSON'S CONTROL.
§ 2. Paragraph (a) of subdivision 1 of section 803 of the correction
law, as amended by chapter 126 of the laws of 1987 and as designated by
chapter 738 of the laws of 2004, is amended to read as follows:
(a) Every person confined in an institution of the department or a
facility in the department of mental hygiene serving an indeterminate
sentence of imprisonment, except a person serving a sentence with a
maximum term of life imprisonment, may receive time allowance against
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00139-01-5
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the maximum term or period of [his] SUCH PERSON'S sentence not to exceed
in the aggregate one-third of the term or period imposed by the court.
Such allowances may be granted for good behavior and efficient and will-
ing performance of duties assigned or progress and achievement in an
assigned treatment program, and may be withheld, forfeited or canceled
in whole or in part for bad behavior, violation of institutional rules
or failure to perform properly in the duties or program assigned. SUCH
ALLOWANCES SHALL NOT BE WITHHELD IF A PERSON FAILS TO COMPLETE A PROGRAM
BECAUSE OF CIRCUMSTANCES BEYOND SUCH PERSON'S CONTROL.
§ 3. Subparagraph (iv) of paragraph (d) of subdivision 1 of section
803 of the correction law, as separately amended by section 1 of chapter
242 and section 224 of chapter 322 of the laws of 2021, is amended to
read as follows:
(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 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 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. SUCH ALLOWANCE SHALL NOT BE WITHHELD IF A
PERSON FAILS TO COMPLETE A PROGRAM BECAUSE OF CIRCUMSTANCES BEYOND THE
CONTROL OF SUCH PERSON.
§ 4. Subparagraph (iv) of paragraph (d) of subdivision 1 of section
803 of the correction law, as separately amended by section 2 of chapter
242 and section 224-a of chapter 322 of the laws of 2021, is amended to
read as follows:
(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 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 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
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agency, officer or employee. SUCH ALLOWANCE SHALL NOT BE WITHHELD IF A
PERSON FAILS TO COMPLETE A PROGRAM BECAUSE OF CIRCUMSTANCES BEYOND THE
CONTROL OF SUCH PERSON.
§ 5. Subdivision 1 of section 804 of the correction law, as amended by
chapter 145 of the laws of 1976, is amended to read as follows:
1. Every person confined in an institution serving a definite sentence
of imprisonment may receive time allowances as discretionary reductions
of the term of [his] SUCH PERSON'S sentence not to exceed in the aggre-
gate one-third of the term imposed by the court. Such allowances may be
granted for good behavior and efficient and willing performance of
duties assigned or progress and achievement in an assigned treatment
program, and may be withheld, forfeited or cancelled in whole or in part
for bad behavior, violation of institutional rules or failure to perform
properly in the duties or program assigned. SUCH ALLOWANCES SHALL NOT BE
WITHHELD, FORFEITED OR CANCELLED IN WHOLE OR IN PART FOR A PERSON'S
FAILURE TO COMPLETE AN ASSIGNED PROGRAM DUE TO CIRCUMSTANCES BEYOND THE
CONTROL OF SUCH PERSON.
§ 6. Section 805 of the correction law, as amended by section 226 of
chapter 322 of the laws of 2021, is amended to read as follows:
§ 805. Earned eligibility program. Persons committed to the custody of
the department under an indeterminate or determinate sentence of impri-
sonment shall be assigned a work and treatment program as soon as prac-
ticable. No earlier than two months prior to the incarcerated individ-
ual's eligibility to be paroled pursuant to subdivision one of section
70.40 of the penal law, the commissioner shall review the incarcerated
individual's institutional record to determine whether [he or she] SUCH
INCARCERATED INDIVIDUAL has complied with the assigned program. CREDIT
FOR SUCH ASSIGNED PROGRAM SHALL NOT BE WITHHELD IF A PERSON FAILS TO
COMPLETE A PROGRAM BECAUSE OF CIRCUMSTANCES BEYOND SUCH PERSON'S
CONTROL. If the commissioner determines that the incarcerated individual
has successfully participated in the program [he or she] SUCH COMMIS-
SIONER may issue the incarcerated individual a certificate of earned
eligibility. Notwithstanding any other provision of law, an incarcerated
individual who is serving a sentence with a minimum term of not more
than eight years and who has been issued a certificate of earned eligi-
bility, shall be granted parole release at the expiration of [his or
her] SUCH INCARCERATED INDIVIDUAL'S minimum term or as authorized by
subdivision four of section eight hundred sixty-seven of this chapter
unless the board of parole determines that there is a reasonable proba-
bility that, if such incarcerated individual is released, [he or she]
SUCH INCARCERATED INDIVIDUAL will not live and remain at liberty without
violating the law and that [his or her] THE release OF SUCH INCARCERATED
INDIVIDUAL is not compatible with the welfare of society. Any action by
the commissioner pursuant to this section shall be deemed a judicial
function and shall not be reviewable if done in accordance with law.
§ 7. Section 805 of the correction law, as amended by section 226-a of
chapter 322 of the laws of 2021, is amended to read as follows:
§ 805. Earned eligibility program. Persons committed to the custody of
the department under an indeterminate sentence of imprisonment shall be
assigned a work and treatment program as soon as practicable. No earlier
than two months prior to the expiration of an incarcerated individual's
minimum period of imprisonment, the commissioner shall review the incar-
cerated individual's institutional record to determine whether [he or
she] SUCH INCARCERATED INDIVIDUAL has complied with the assigned
program. CREDIT FOR SUCH ASSIGNED PROGRAM SHALL NOT BE WITHHELD IF A
PERSON FAILS TO COMPLETE A PROGRAM BECAUSE OF CIRCUMSTANCES BEYOND SUCH
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PERSON'S CONTROL. If the commissioner determines that the incarcerated
individual has successfully participated in the program [he or she] SUCH
COMMISSIONER may issue the incarcerated individual a certificate of
earned eligibility. Notwithstanding any other provision of law, an
incarcerated individual who is serving a sentence with a minimum term of
not more than six years and who has been issued a certificate of earned
eligibility, shall be granted parole release at the expiration of [his
or her] SUCH INCARCERATED INDIVIDUAL'S minimum term or as authorized by
subdivision four of section eight hundred sixty-seven OF THIS CHAPTER
unless the board of parole determines that there is a reasonable proba-
bility that, if such incarcerated individual is released, [he or she]
SUCH INCARCERATED INDIVIDUAL will not live and remain at liberty without
violating the law and that [his or her] THE release OF SUCH INCARCERATED
INDIVIDUAL is not compatible with the welfare of society. Any action by
the commissioner pursuant to this section shall be deemed a judicial
function and shall not be reviewable if done in accordance with law.
§ 8. Subdivision 5 of section 806 of the correction law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
5. No person shall have the right to demand or require presumptive
release authorized by this section. The commissioner may revoke at any
time an incarcerated individual's scheduled presumptive release pursuant
to this section for any disciplinary infraction committed by the incar-
cerated individual or for any failure to continue to participate
successfully in any assigned work and treatment program after the
certificate of earned eligibility has been awarded EXCEPT THAT ANY SUCH
FAILURE TO CONTINUE TO PARTICIPATE IN AN ASSIGNED WORK OR TREATMENT
PROGRAM SHALL NOT BE GROUNDS FOR REVOCATION OF PRESUMPTIVE RELEASE IF
SUCH FAILURE IS DUE TO CIRCUMSTANCES BEYOND THE INCARCERATED PERSON'S
CONTROL. The commissioner may deny presumptive release to any incarcer-
ated individual whenever the commissioner determines that such release
may not be consistent with the safety of the community or the welfare of
the incarcerated individual. Any action by the commissioner pursuant to
this section shall be deemed a judicial function and shall not be
reviewable if done in accordance with law.
§ 9. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) and subparagraph (iv) of paragraph (d) of subdi-
vision 1 of section 803 of the correction law made by sections one and
three 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 and four of this act shall take effect; provided, further, that the
amendments to section 805 of the correction law made by section six 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 section seven
of this act shall take effect; and provided, further, that the amend-
ments to subdivision 5 of section 806 of the correction law made by
section eight of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.