Increases the minimum amount of time served of an indeterminate sentence to 85% of the maximum term; repealer

BILL NUMBER:S2057

Title of bill

An act to amend the correction law and the penal law, in relation to the minimum amount of time served of an indeterminate sentence and repealing certain provisions of the correction law and the executive law relating thereto

Summary

Amends Corrections Law Section 803 to require every prisoner serving an indeterminate sentence, except prisoners serving a sentence with a maximum term of life imprisonment, to serve a minimum of 85% of their sentence as imposed by law.

Justification

Current law requires the Department of Correction to give prisoners "good time" credit of up to 1/3 of their maximum sentence. This bill would require prisoners to serve more of their imposed sentence by reducing the amount of time off for good behavior to 15% of their maximum sentence. The recently enacted federal crime bill includes monies for "Truth In Sentencing Grants," which will be provided to states that have laws on the books ensuring that violent offenders serve 85% of their sentence. New York will be ineligible for these grants under the state's current sentencing structure. While the standards for obtaining these grants have not yet been published, this legislation would be a good first step toward meeting its goals.

Fiscal implication

To be determined if there will be fiscal implications to the State. In fact, it may bring federal dollars into the State through the Crime grants mentioned above.

Effective date

The thirtieth day after it has become a law, with provisions.