S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    495
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. EPSTEIN, CRUZ, GONZALEZ-ROJAS, TAYLOR, MAMDANI,
   REYES, LEVENBERG, GIBBS, ANDERSON -- read once  and  referred  to  the
   Committee on Correction
 
 AN  ACT  to amend the correction law, in relation to conditional release
   for eligible offenders who complete post-secondary degrees or programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  and clause (A) of subparagraph (ii) of
 paragraph (b) of subdivision 1 of section 803-b of the  correction  law,
 subparagraph  (i)  as  added by section 4 of part L of chapter 56 of the
 laws of 2009, and clause (A) of subparagraph (ii) as amended by  chapter
 322 of the laws of 2021, are amended to read as follows:
   (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 months before the completion of the
 controlling minimum period of imprisonment as defined by subdivision one
 of section 70.40 of the penal law, EXCEPT THAT SUCH  OFFENDER  SHALL  BE
 ELIGIBLE  FOR  RELEASE  TWELVE  MONTHS  BEFORE THE   COMPLETION OF   THE
 CONTROLLING  MINIMUM  PERIOD  OF IMPRISONMENT  AS  DEFINED  BY  SUBDIVI-
 SION ONE OF SECTION 70.40 OF THE PENAL LAW FOR EACH  SUCCESSIVE  SIGNIF-
 ICANT  PROGRAMMATIC  ACCOMPLISHMENT  AS  DEFINED IN SUBPARAGRAPH (II) OF
 PARAGRAPH (C) OF THIS SUBDIVISION; or
   (A) in the case of an eligible offender who is not subject to an inde-
 terminate sentence with a maximum term of life imprisonment, such offen-
 der shall be eligible for conditional release six 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, EXCEPT THAT SUCH OFFENDER SHALL BE ELIGIBLE FOR
 RELEASE TWELVE MONTHS BEFORE THE   COMPLETION   OF    THE    CONTROLLING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00605-01-5
 A. 495                              2
 
 MINIMUM    PERIOD   OF IMPRISONMENT   AS  DEFINED  BY SUBDIVISION ONE OF
 SECTION 70.40 OF THE PENAL LAW FOR EACH SUCCESSIVE SIGNIFICANT  PROGRAM-
 MATIC ACCOMPLISHMENT AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF
 THIS  SUBDIVISION;  the  withholding of any good behavior time credit by
 the department shall render an incarcerated  individual  ineligible  for
 the credit defined herein;
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.