Relates to controlled substances and indeterminate sentences; to the expansion of merit time; repealer

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, murder in the first degree, incest, an offense defined in article two hundred sixty-three of the penal law, an act of terrorism, aggravated harassment of an employee by an inmate, or an attempt or conspiracy to commit any such offense, to earn merit time Allowance.

The merit time allowance would be one-sixth of an indeterminate and one-seventh of a determinate sentence. This section of the bill also expands the criteria that a person in the custody of the Department of Correctional Services (DOGS) may meet in order to earn merit time.

Section 2, 3, and 4 of the bill are conforming changes.

Sections 3 through 7 make technical changes to avoid unintended automatic repeal of merit time eligibility for certain offenders

Section 9 makes a conforming change in the Executive Law. Section 10 of the bill is the effective date.

Justification

The Merit Time program allows inmates who excel, attain educational and vocational degrees, and maintain a stellar disciplinary record the opportunity to present their case to the Parole Board earlier than they otherwise would have. The program promotes the rehabilitation of inmates, and thereby provides several significant benefits. Specifically, the program improves discipline within prison, enables the Parole Board to make better evaluations of an inmate's ability to reintegrate into society, and saves the State millions of dollars. For these reasons the Governor's Commission on Sentencing Reform recommended the program be expanded to allow violent offenders to participate. This bill accomplishes that goal.

THE MERIT TIME PROGRAM PROMOTES REHABILITATION The program was first instituted in 1997, and has been exceedingly successful. The results are clear. Merit Time motivates inmates to take ownership of their future, and to better themselves in order to prove that they are worthy of release by the Parole Board, rather than simply waiting out their maximum sentence until the State is required to grant their release. Those who successfully complete the

Merit Time program and are released by the Parole Board show far better recidivism rates than those who served out their maximum sentence. Since 1997, only 6.1% of inmates who completed the Merit Time program were convicted on another crime within two years, as opposed to 16.5% return for new offense rate for all releases since records have been kept. These men and women have made permanent and profound changes in their lives. They left prison rehabilitated.

This bill expands on the successes of the Merit Time program. When the original program was instituted in the late 20th century, violent offenders were prohibited from participation, due to the fear that these individuals were the "worst of the worst." It is true that those who cause physical harm to another person, or take a life, deserve greater punishment than those who commit other crimes. But it is false to presume that a person who committed a violent crime is less able to be rehabilitated than a person who committed a nonviolent crime.

Indeed, the opposite is true: The most serious violent offenders have a lower recidivism rate than every category of non-violent offender. Of the 585 most serious violent felony offenders who were released to parole supervision for the first time between 2005 and 2008, none has returned to prison for a new crime. Extending merit time to violent offenders makes sense. Because violent offenders are better able to rehabilitate themselves and live law abiding lives after they are reintegrated into the community, it is well worth allowing them to participate in the Merit Time program. There are several other benefits as well.

THE MERIT TIME PROGRAM IMPROVES DISCIPLINE IN PRISON Maintaining safety in prisons is directly related to the balanced ability to punish negative behavior and poor program participation while rewarding positive behavior and good program participation. An inmate who is able to affirmatively take responsibility for their management programs, job training classes, high school and college courses, all while maintaining a superior disciplinary record, will behave better than an inmate who has no such opportunities or incentives. The Merit Time program discourages inmates from breaking the rules, and therefore facilitates the effective administration of the prison. Indeed, the program has been shown to reduce violence in prisons. This bill facilitates those positive outcomes by expanding the eligibility for the merit time program.

THE MERIT TIME PROGRAM SERVES AS AN EVALUATIVE TOOL For the Parole Board to accurately assess the risk posed by an offender's reentry into the community, they must understand the personal deficiencies in that inmate's character that led to their incarceration, the actions taken by that inmate to rehabilitate themselves while incarcerated, and have a way to measure the results. The Merit Time program provides that information, and the Parole Board is thereby enabled to make an informed decision when considering the application of those inmates. This is especially significant in the case of violent offenders, who we want to be sure are truly rehabilitated before they are released.

THE MERIT TIME PROGRAM SAVES THE STATE HUNDREDS OF MILLIONS OF DOLLARS

It costs over $50,000 (medical and capital construction costs included) to confine an inmate for one year. New York State taxpayers benefit when prison is reserved for offenders who pose a risk to the public. The Merit Time Program reduces incarceration costs by limiting the time that persons who have proven their rehabilitation remain in prison, and reducing the astronomical expense associated with recidivism. More effective and less costly prison management, and control of prisoners with less pressure on correctional officers, are corollary benefits of good rehabilitation programs and earned rehabilitative incentives.

We should therefore work to expand successful programs that encourage inmates to become better people, and demonstrate that they are prepared to thrive and provide a benefit to society after their release. The Department of Corrections Services estimates that the Merit Time program has saved the State nearly $384 million dollars over the course often years by graduating people those who have proven their worth.

Increasing incarceration while ignoring more effective approaches imposes a heavy burden upon courts, corrections and communities, while providing no impact on crime. Should this legislature expand eligibility to violent offenders who have shown that they can reenter society safely, the State will save tens of millions more.

In order to achieve the desired public safety outcome, the requirements for an expanded Merit Time Program for offenders with a history of violent behavior must be rigorous and designed to promote life changing behaviors. As proposed under this legislation only offenders participating in exceptional programming aimed at permanently changing antisocial behaviors can successfully complete the Merit Time Program.

As a result many will not be eligible for the credit. Merit time credit is not constituted as a right. It is only a privilege incentive afforded to those who exhibit exceptional rehabilitative behaviors and adjustment. An individual who continues to demonstrate counterproductive behavior will not be eligible for merit time credit, and the Parole Board will take longer to consider their case.

Prior legislative history

Senate: Passed Senate Committee on Crime Victims, Crime and Correction in 2010; Referred to Senate Codes Committee 2011-2012: S.338 Died in Committee

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

90th day after becoming law.