What's happening
This bill amends the correction law to require inmates to complete 80% of their sentence before being eligible for limited credit time allowances.
Why it matters
Significantly restricts early release incentives. by requiring inmates to serve at least 80% of their original sentence before qualifying for limited credit time allowances, meaning fewer inmates will be able to shorten their time through good behavior or program participation.
Directly impacts sentencing outcomes. for those convicted after the effective date, potentially increasing the actual time served in prison for a range of offenses, and reducing the effect of existing rehabilitation or incentive programs.
May influence prison population and resource needs. by keeping more people incarcerated for longer periods, which could affect prison crowding, costs, and administrative workload for correctional facilities.
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Who cares
Headline styles
Limit Early Release Credits
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
57
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ROBACH -- 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 eligibility for limited credit time allowances for inmates serving indeterminate or determinate sentences imposed for specified offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (ii) of paragraph (b) of subdivision 1 of section 803-b of the correction law is amended by adding a new clause (D) to read as follows:
(D) An inmate shall not be eligible for the credit defined herein before having completed eighty percent of his or her original sentence.
§ 2. This act shall take effect immediately and shall apply to all sentences imposed on and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05161-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to eligibility for limited credit time allowances for inmates serving inde- terminate or determinate sentences imposed for specified offenses
Purpose
To make it that one must complete eighty percent of their sentence before any allowanced or credits are allowed to be considered.
Summary of provisions
Section 1. Subparagraph (ii) of paragraph (b) of subdivision 1 of section 803-b of the correction law is amended by adding the following clause (D) An inmate shall not be eligible for the credit defined herein before having completed eighty percent of his or her original sentence.
Justification
In response to overwhelming public feedback regarding several high profile cases of early-release parolees committing violent crimes in Rochester and across New York, the time has come to stop the early release of violent felons. When enacted, this bill will ensure the safe- ty of neighborhoods across New York. By changing the release require- ments of violent felons, the Parole Board will be restricted from allow- ing any felon convicted of a violent crime who has not served a minimum of eighty percent of their original sentence to be paroled early. By making certain that these violent felons serve eighty percent of their sentence before being considered for early release, not only will keep streets and neighborhoods safer but make certain that these individuals will be able to continue their rehabilitation in a secure setting. Based on data from the state Department of Corrections, the vast majority of violent felons already serve at least eighty percent of their sentence. With this legislation, the eighty percent mandatory minimum will be codified into state law, keeping violent offenders off the streets.
Legislative history
2016 Passed Senate 2017 Passed Senate in 0 2018 Referred to Crime Victims, Crime and Corrections
Fiscal implications
To be determined.
Effective date
Immediately and shall apply to all sentences imposed on and after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.