Relates to the accrual of merit time by certain inmates

Summary of provisions

This bill allows inmates who can demonstrate that they are victims of domestic violence who were subjected to substantial physical, sexual or psychological abuse inflicted by a member of their same family or household as that term is defined in section 530.11 of the criminal procedure law or a member of the person's immediate family as that term is defined in section 120.40 of the penal law, and that the commission of the offense was a direct result of such abuse, to be eligible to earn a merit time allowance.

The bill further allows such inmates who are serving an indeterminate term to be eligible for presumptive release. Inmates serving a sentence for a sex offense or an act of terrorism are not eligible for the merit time or presumptive release provided for in the bill.

This bill also makes a conforming change to the work release statute to allow inmates who are victims of domestic violence who commit their crime as a result of abuse to be eligible for work release.

The bill requires the Department of Corrections and Community Supervision to consult with the Office for the Prevention of Domestic Violence in implementing the provisions of the bill.

Justification

Over the past 30 years, domestic violence has been increasingly recognized as a serious national problem. Battering is the number one cause of injury to women in the United States. Attacks by husbands on wives result in more injuries requiring medical treatment than rapes, muggings and auto accidents combined. New York has made significant advances in curbing domestic violence. This legislation would build on these advances by allowing inmates incarcerated for defending themselves against their batterers or for committing crimes as a result of the abuse they have endured to earn merit time allowances. Established in New York in 1997, merit time allows DOCCS to grant early release to inmates who meet certain criteria. People convicted of violent offenses - including inmates convicted of defending themselves against their abusers or of committing crimes because of abuse - are not currently eligible for merit time.

The bill does not seek to diminish the seriousness of these crimes but rather reflects a growing understanding of the prevalence of abuse experienced by women prisoners and the unique situation of incarcerated women who have experienced battering. A 1999 study of female inmates at New York's Bedford Hills correctional Facility found that more than 80% of the women inmates had a childhood history of severe physical and/or sexual abuse and that more than 90% had endured physical or sexual violence in their lifetimes.

Many female inmates with such histories pose virtually no threat to public safety: many have extremely low rates of recidivism, no prior criminal records, and, most often, no history of violence other than the offense for which they are in prison. Not allowing inmates with such histories to earn merit time and have the opportunity for DOCCS to grant them an earlier release also places added financial burden on the state.

Moreover, many inmates with histories of abuse are mothers whose children have been traumatized by the events leading up to their mother's incarceration and by their separation from her during her incarceration. Reuniting a mother with her children more quickly will help diminish the trauma of separation and the likelihood that the children themselves will become involved in the criminal justice system as adults.

This bill enables incarcerated survivors of abuse to benefit from society's growing awareness of the pervasive and terrible nature of domestic violence. It is a pragmatic and compassionate remedy that allows incarcerated survivors the opportunity to more quickly begin the important journey of returning to their communities and children, rebuilding their lives and recovering from abuse.

Legislative history

2009-2010: A.4516-D/S.3438-B - Passed Assembly/Passed Senate Crime Victims, Crime and Correction Committee and Codes Committee 2007-2008: A.6150-A/S.3164-A - Passed Assembly/Passed Senate Crime Victims, Crime and Correction Committee 2005: A.8024-A/S.5124-A - Passed Assembly Correction Committee/Passed Senate Crime Victims, Crime and Correction Committee

Fiscal implications for state and local governments

Enactment of this bill will result in cost savings.

Effective date

This act shall take effect on the 180th day after it shall have become law and shall apply to persons in custody on the effective date of the act and to persons sentenced to an indeterminate or determinate sentence on or after the effective date of this act, with provisions.