Relates to the accrual of merit time by inmates; repealer

1 Co-sponsor

• Bill Perkins

Title of bill

An act to amend the correction law, in relation to merit time allowances; and to repeal subdivision 2-b of section 803 of such law relating thereto

Purpose or general idea of bill

To allow all inmates to be eligible to earn merit time allowance.

Summary of specific provisions

Section 1 of the bill amends section 803 of the correction law to allow all inmates, except those serving a sentence of life imprisonment without parole, to earn merit time allowance. The merit time allowance would be one-third of both an indeterminate and determinate sentence. This section of the bill also expands the criteria that a person in the custody of the Department of Correctional Services (ROCS) may meet in order to earn merit time.

Section 2 of the bill is a conforming change.

Sections 3 and 4 of the bill makes conforming changes to the manner in which merit time allowances are calculated for persons serving multiple sentences.

Section 5 of the bill repeals subdivision 2-b of section 803 of the correction law as is would no longer be necessary.

Section 6 of the bill is the effective date.

Justification

Merit time affords inmates with the ability to earn a reduction of their sentence after completing significant programming and maintaining a positive disciplinary record. Current law only allows inmates with certain nonviolent convictions to earn merit time. However, the availability of merit time allowance motivates inmates to complete necessary programming and maintain a good disciplinary record. The program has been shown to reduce prison violence and studies show that inmates granted merit time and released early have lower recidivism rates. Therefore, this bill expands the availability of the merit time program to all inmates.

Prior legislative history

New bill.

Fiscal implications for state and local governments

The bill will result in savings to the state because the early release of inmates who earn merit time will result in a continued decline in the prison population.

Effective date

This act shall take effect on the 90th day after it shall have become law and applies to all persons who have not completed service of an indeterminate or determinate term prior to the effective date.