S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3110
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by M. of A. DILAN -- 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 incarcerated individuals 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 incar-
   cerated individual, 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
 
   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.
                                                            LBD06378-01-5
              

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 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  THEIR  general  equivalency  diploma,  THEIR  EDUCATIONAL
 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  certificate  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 DEPARTMENT; (4)
 PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN A SKILLED JOB ASSIGN-
 MENT, INCLUDING BUT NOT LIMITED TO, INCARCERATED INDIVIDUAL PROGRAM AIDE
 (IIPA), LAW LIBRARY CLERK,  MEDICAL/INFIRMARY  AIDE,  CHILDREN'S  CENTER
 AIDE,  AND  FOOD SERVICE WORKER; (5) COMPLETES at least eighteen credits
 in a program  registered  by  the  state  education  department  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
 offense, other than an A-I felony offense defined in article two hundred
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 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  THEIR  general  equivalency  diploma,  THEIR EDUCATIONAL
 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 certificate 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  DEPARTMENT;  (4)
 PERFORMS SATISFACTORILY FOR AT LEAST SIX MONTHS IN A SKILLED JOB ASSIGN-
 MENT, INCLUDING BUT NOT LIMITED TO, INCARCERATED INDIVIDUAL PROGRAM AIDE
 (IIPA),  LAW  LIBRARY  CLERK,  MEDICAL/INFIRMARY AIDE, CHILDREN'S CENTER
 AIDE, AND FOOD SERVICE WORKER; (5) COMPLETES at least  eighteen  credits
 in  a  program  registered  by  the  state  education  department 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.
   § 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:
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   (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
 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 INCARCERATED INDIVIDUAL;
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   §  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.