NY State Senate Bill 2025-S3929

Senate Bill S3929

2025-2026 Legislative Session

Authorizes certain incarcerated individuals serving an indeterminate sentence to receive good time allowances of up to 1/3 of their minimum sentences

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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 30, 2025	referred to crime victims, crime and correction

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2025-S3929 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§803 & 805, Cor L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4808
2015-2016: S984
2017-2018: S4434
2019-2020: S732
2021-2022: S4066
2023-2024: S3289

2025-S3929 (ACTIVE) - Summary

Authorizes incarcerated individual's serving indeterminate sentences of imprisonment for offenses involving controlled substances and marihuana to receive good time allowances against the minimum terms of their sentences not to exceed one-third of the minimum term imposed; provides that drug offenders can receive good behavior allowances for progress in assigned treatment programs and willing performance of duties.

2025-S3929 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3929

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the correction law, in relation to authorizing certain
incarcerated individuals serving indeterminate sentences to receive good
time allowances against the minimum terms of their sentences not to
exceed one-third of the actual minimum term imposed

 
PURPOSE:*,

To authorize certain inmates serving indeterminate sentences to receive
good time allowances against the minimum terms of their sentences not to
exceed 1/3 of the actual minimum term imposed.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 803 of the correction law by adding a new
subdivision 1-a which allows for the granting of good time allowances
against the minimum terms of imprisonment, for those inmates serving
time for drug offenses about Article 220 or 221 of the Penal Law, but

not to exceed 1/3 of the sentence imposed by the court. Drug offenders
can receive good behavior allowances for progress in an assigned treat-
ment program and willing performance of duties.  However, those who
violate institutional rules or fail to perform properly in assigned
duties will not be granted a good time allowance.

Section 2 amends section 803 of the correction law by adding a new
subdivision 1-b which allows for the granting of good time allowances
against the minimum terms of imprisonment, for those inmates serving
time for drug offenses about Article 220 or 221 of the Penal Law, but
not to exceed 1/3 of the sentence imposed by the court. Drug offenders
can receive good behavior allowances for progress in an assigned treat-
ment program and willing performance of duties.  However, those who
violate institutional rules or fail to perform properly in assigned
duties will not be granted a good time allowance.

Section 3 amends the opening paragraph of subdivision 2 of section 803
of the correction law, as amended by chapter 3 of the laws of 1995, is
amended to allow the granting of good time allowances against the terms
of imprisonment, for those inmates serving time for offenses.

Section 4 amends Subdivision 2 of section 803 of the correction law, as
amended by Chapter 126 of the laws of 1987, is amended to allow for the
granting of good time allowances against the terms of imprisonment, for
those inmates serving time for offenses about Article 220 or 221 of the
Penal Law, but not to exceed 1/3 of the sentence imposed by the court.

Section 5 amends section 803 of the correction law by adding a new
subdivision 7 which allows for the expiration of the minimum period of
imprisonment, shall be deemed to mean the minimum period of imprisonment
reduced by any time allowance granted according to subdivision one-b of
this section. The eligibility of an inmate to receive any time allowance
according to subdivision one-b of this section shall not otherwise
affect such inmate's eligibility to participate in any other department
program.


Section 6 amends subdivision 7 of section 803 of the correction law, as
added by section five of this act, is amended to read as follows:  The
expiration of the minimum period of imprisonment shall be deemed to mean
the minimum period of imprisonment reduced by any time allowance granted
according to subdivision one-b of this section. The eligibility of an
inmate to receive any time allowance according to subdivision one-b of
this section shall not otherwise affect such inmate's eligibility to
participate in any other department program.

Section 7 amends section 805 of the correction law, as amended by
section 226 of chapter 322 of the laws of 2021 which allows for the
assignment of a work or treatment program as soon as applicable, as long
as it is not earlier than two months before availability or parole is
possible. This is up to the discretion of the commissioner who will
validate whether or not an inmate qualifies for good time allowances.
Along with this, any inmate who serves a sentence of up to 8 years will
be granted parole at the expiration of their minimum term or whereas
applicable after removing any time allowances.  Superseding this is the
discretion of the Parole Board who can restrict parole should they deem
an inmate a danger to society and will likely break the terms of the
parole. Any action that the commissioner makes as long as it is in line
with the law will not be reviewable.

Section 8 amends section 805 of the correction law, as amended by
section 226-a of chapter 322 of the laws of 2021 which dictates that at
the expiration of the minimum term reduced by any time allowances a
parole board is allowed to grant good time allowances.

Section 9 provides the effective date.

 
JUSTIFICATION:

Our prison population has a large number of inmates who are serving
terms of long sentences for non-violent drug offenses. This bill would
allow drug offenders to receive good time allowances by successfully
performing their duties or completing assigned treatment programs. Since
the allowance may be applied towards the minimum terms of their
sentence, the inmates would be allowed to see the parole board sooner
than they would under normal procedures However, this does not mean that
the inmate would be released sooner.

 
LEGISLATIVE HISTORY:

S3289 of 2023-24: Referred to Crime Victims and Correction.

S4066 of 2021-22: Referred to Crime Victims and Correction.

S732 of 2019-20: Referred to Crime Victims and Correction.

S4434.of 2017-18: Referred to Crime Victims and Correction.

S984 of 2015-16: Referred to Crime Victims and Correction.

S4808 of 2013-14: Referred to Crime Victims and Correction.

 
FISCAL IMPLICATIONS:


The fiscal implication on state and local government is unknown at the
present time.

 
EFFECTIVE DATE:;
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law, provided 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 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; and provided further, however, that
the amendments to section 805 of the correction law made by section
seven of this act shall be subject to the expiration and reversion of
such section pursuant to section 74 of chapter 3 of the laws of 1995, as
amended, when upon such date the provisions of section eight of this act
shall take effect.

2025-S3929 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3929
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sens.  MYRIE,  HOYLMAN-SIGAL  --  read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Crime
   Victims, Crime and Correction
 
 AN  ACT  to amend the correction law, in relation to authorizing certain
   incarcerated individuals serving indeterminate  sentences  to  receive
   good  time allowances against the minimum terms of their sentences not
   to exceed one-third of the actual minimum term imposed
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  803 of the correction law is amended by adding a
 new subdivision 1-a to read as follows:
   1-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,  FOR  AN  OFFENSE  CONTAINED  IN  ARTICLE  TWO
 HUNDRED  TWENTY OF THE PENAL LAW, MAY RECEIVE TIME ALLOWANCE AGAINST THE
 MINIMUM TERM OR PERIOD OF THEIR 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  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.
   §  2.  Section  803  of  the correction law is amended by adding a new
 subdivision 1-b to read as follows:
   1-B. EVERY PERSON CONFINED IN AN INSTITUTION OF THE  DEPARTMENT  OR  A
 FACILITY  IN  THE  DEPARTMENT OF MENTAL HYGIENE SERVING AN INDETERMINATE
 SENTENCE OF IMPRISONMENT,  FOR  AN  OFFENSE  CONTAINED  IN  ARTICLE  TWO
 HUNDRED  TWENTY OF THE PENAL LAW, MAY RECEIVE TIME ALLOWANCE AGAINST THE
 MINIMUM TERM OR PERIOD OF THEIR 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  WILLING  PERFORMANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08334-01-5

 S. 3929                             2
 
 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.
   §  3.  The  opening  paragraph  of subdivision 2 of section 803 of the
 correction law, as amended by chapter 3 of the laws of 1995, is  amended
 to read as follows:
   If  a  person is serving more than one sentence, the authorized allow-
 ances may be granted separately against the term or [maximum term] TERMS
 of each sentence or, where consecutive sentences are  involved,  against
 the aggregate [maximum term] TERMS.  Such allowances shall be calculated
 as follows:
   § 4. Subdivision 2 of section 803 of the correction law, as amended by
 chapter 126 of the laws of 1987, is amended to read as follows:
   2.  If  a  person  is  serving  more than one sentence, the authorized
 allowances may be granted separately against the [maximum term] TERMS of
 each sentence or, where consecutive sentences are involved, against  the
 aggregate [maximum term] TERMS.  In no case, however, shall the total of
 all  allowances  granted  to  any  such person under this section exceed
 one-third of the time [he] THEY would be  required  to  serve,  computed
 without regard to this section.
   §  5.  Section  803  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE EXPIRATION OF THE MINIMUM PERIOD OF IMPRISONMENT, AS SET  FORTH
 IN  PARAGRAPH  (A) OF SUBDIVISION ONE OF SECTION 70.40 OF THE PENAL LAW,
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I  OF
 THE EXECUTIVE LAW, AND SECTION EIGHT HUNDRED FIVE OF THIS ARTICLE, SHALL
 BE DEEMED TO MEAN THE MINIMUM PERIOD OF IMPRISONMENT REDUCED BY ANY TIME
 ALLOWANCE  GRANTED  PURSUANT  TO  SUBDIVISION ONE-A OF THIS SECTION. THE
 ELIGIBILITY OF AN INCARCERATED INDIVIDUAL TO RECEIVE ANY TIME  ALLOWANCE
 PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION SHALL NOT OTHERWISE AFFECT
 SUCH INCARCERATED INDIVIDUAL'S ELIGIBILITY TO PARTICIPATE IN ANY DEPART-
 MENT PROGRAM.
   §  6.  Subdivision 7 of section 803 of the correction law, as added by
 section five of this act, is amended to read as follows:
   7. The expiration of the minimum period of imprisonment, as set  forth
 in  paragraph  (a) of subdivision one of section 70.40 of the penal law,
 paragraph (a) of subdivision two of section two hundred fifty-nine-i  of
 the executive law, and section eight hundred five of this article, shall
 be deemed to mean the minimum period of imprisonment reduced by any time
 allowance granted pursuant to subdivision [one-a] ONE-B of this section.
 The eligibility of an incarcerated individual to receive any time allow-
 ance  pursuant  to  subdivision  [one-a] ONE-B of this section shall not
 otherwise affect such incarcerated individual's eligibility  to  partic-
 ipate in any department program.
   §  7.  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.  If  the
 commissioner determines that the incarcerated individual has successful-
 S. 3929                             3
 
 ly  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 eight
 years and who has been issued a certificate of earned eligibility, shall
 be granted parole release at the expiration of [his or her] SUCH  INCAR-
 CERATED  INDIVIDUAL'S  minimum term, OR WHERE APPLICABLE, AT THE EXPIRA-
 TION OF THE MINIMUM TERM REDUCED BY ANY TIME ALLOWANCES, or  as  author-
 ized  by  subdivision  four of section eight hundred sixty-seven of this
 chapter unless the board of parole determines that there is a reasonable
 probability 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] SUCH INCARCERATED  INDI-
 VIDUAL'S  release  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. 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. 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 six years and who has been issued a certificate of earned eligibil-
 ity, shall be granted parole release at the expiration of [his  or  her]
 SUCH INCARCERATED INDIVIDUAL'S minimum term, OR WHERE APPLICABLE, AT THE
 EXPIRATION  OF  THE  MINIMUM  TERM REDUCED BY ANY TIME ALLOWANCES, 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  probability  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]  SUCH
 INCARCERATED  INDIVIDUAL'S release 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.
   § 9. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become  a  law;  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 expira-
 tion and reversion of such section pursuant to 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;  and  provided
 further,  however,  that the amendments to section 805 of the correction
 law made by section seven of this act shall be subject to the expiration
 and reversion of such section pursuant to section 74 of chapter 3 of the
 laws of 1995, as amended, when upon such date the provisions of  section
 eight of this act shall take effect.

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Senate Bill S3929

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Sponsored By

Zellnor Myrie