S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5418
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced  by M. of A. DILAN -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to  the  limited  credit
   time allowances for certain  incarcerated individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision 1  of  section  803-b  of  the
 correction  law,  as  added  by section 4 of part L of chapter 56 of the
 laws of 2009, clauses (A) and (C) of subparagraph  (ii)  as  amended  by
 chapter 322 of the laws of 2021, is amended to read as follows:
   (b) "limited credit time benefit" means:
   (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]  TWENTY-FOUR  months before the
 completion of the controlling minimum period of imprisonment as  defined
 by subdivision one of section 70.40 of the penal law; or
   (ii)  (A) in the case of an eligible offender who is not subject to an
 indeterminate sentence with a maximum term of  life  imprisonment,  such
 offender  shall  be  eligible  for conditional release [six] TWENTY-FOUR
 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; the withholding of any good
 behavior  time  credit  by  the  department shall render an incarcerated
 individual ineligible for the credit defined herein;
   (B) in the event the limited credit time benefit defined herein causes
 such conditional release date to precede the parole eligibility date  as
 calculated  pursuant  to  subdivision  one of section 70.40 of the penal
 law, a limited credit time benefit shall also be applied to  the  parole
 eligibility  date, but only to the extent necessary to cause such parole
 eligibility date to be the same date as the conditional release date;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00599-01-5
              

 A. 5418                             2
 
   (C) an incarcerated individual shall not be eligible  for  the  credit
 defined herein if [he or she] SUCH INDIVIDUAL is returned to the depart-
 ment  pursuant  to  a  revocation of presumptive release, parole, condi-
 tional release, or post-release supervision and has not  been  sentenced
 to an additional indeterminate or determinate term of imprisonment.
   (iii)  Regardless  of  the  number  of  sentences to which an eligible
 offender is subject, the limited credit time benefit authorized pursuant
 to this section shall be limited to a  single  [six-month]  TWENTY-FOUR-
 MONTH  credit  applied to such person's parole eligibility date pursuant
 to subparagraph (i) of this paragraph or to  such  person's  conditional
 release  date pursuant to subparagraph (ii) of this paragraph. Except as
 provided in clause (B) of  subparagraph  (ii)  of  this  paragraph,  the
 limited  credit  time  benefit authorized pursuant to this section shall
 not be applied to an eligible offender's  parole  eligibility  date  and
 conditional release date.
   § 2. This act shall take effect immediately.