What's happening
This bill allows certain inmates serving indeterminate sentences for drug offenses to earn good time allowances reducing their minimum sentences by up to one-third.
Why it matters
Incentivizes Rehabilitation. By allowing inmates convicted of certain drug offenses to reduce their minimum sentences through good behavior or program participation, the bill aims to encourage personal reform and engagement in correctional or treatment programs.
Narrows Application to Drug Offenses. The good time allowance specifically benefits those serving indeterminate sentences for offenses under articles 220 and 221 of the penal law (primarily drug crimes), potentially addressing sentencing disparities from past drug laws.
Could Impact Prison Populations and Costs. Reducing the time served for eligible inmates may decrease overall prison populations and related costs, shifting focus toward rehabilitation over extended incarceration for non-violent drug offenses.
Maintains Parole Board Oversight. Even with reduced minimum sentences, the parole board retains discretion to deny release if it finds public safety risks, balancing rehabilitation incentives with community protection.
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Who cares
People serving indeterminate sentences for Penal Law article 220 or 221 offenses
They could earn allowances reducing their minimum prison terms by up to one-third for good behavior, assigned work or treatment progress.
State correctional officials
They would administer the minimum-term allowances and could withhold, forfeit or cancel them for misconduct, rule violations or inadequate performance in assigned duties or programs.
Board of Parole
The bill would require reduced minimum terms to count toward parole eligibility and applicable earned-eligibility release provisions, while retaining the board’s specified grounds for denying release.
People confined in Department of Mental Hygiene facilities
Those serving qualifying indeterminate sentences could also receive the minimum-term allowances.
Headline styles
Reduce Sentences for Good Behavior
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
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
732
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, COMRIE -- 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 authorizing certain inmates serving indeterminate sentences to receive good time allowances against the minimum terms of their sentences not to exceed one third of the actual minimum term imposed
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 803 of the correction law is amended by adding a new subdivision 1-a to read as follows:
1-a. Every person confined in an institution of the department or a facility in the department of mental hygiene serving an indeterminate sentence of imprisonment, for an offense contained in article two hundred twenty or two hundred twenty-one of the penal law, may receive time allowance against the minimum term or period of his or her sentence not to exceed in the aggregate one-third of the term or period imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and may be withheld, forfeited or canceled in whole or in part for bad behavior, violation of institutional rules or failure to perform properly in the duties or program assigned.
§ 2. Section 803 of the correction law is amended by adding a new subdivision 1-b to read as follows:
1-b. Every person confined in an institution of the department or a facility in the department of mental hygiene serving an indeterminate sentence of imprisonment, for an offense contained in article two hundred twenty or two hundred twenty-one of the penal law, may receive time allowance against the minimum term or period of his or her sentence
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00039-02-9
S. 732 2
not to exceed in the aggregate one-third of the term or period imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and may be withheld, forfeited or canceled in whole or in part for bad behavior, violation of institutional rules or failure to perform properly in the duties or program assigned.
§ 3. Subdivision 2 of section 803 of the correction law, as amended by chapter 126 of the laws of 1987, is amended to read as follows:
2. If a person is serving more than one sentence, the authorized allowances may be granted separately against the [maximum term] terms of each sentence or, where consecutive sentences are involved, against the aggregate [maximum term] terms. In no case, however, shall the total of all allowances granted to any such person under this section exceed one-third of the time he would be required to serve, computed without regard to this section.
§ 4. The opening paragraph of subdivision 2 of section 803 of the correction law, as amended by chapter 3 of the laws of 1995, is amended to read as follows:
If a person is serving more than one sentence, the authorized allowances may be granted separately against the term or [maximum term] terms of each sentence or, where consecutive sentences are involved, against the aggregate [maximum term] terms. Such allowances shall be calculated as follows:
§ 5. Section 803 of the correction law is amended by adding a new subdivision 7 to read as follows:
7. The expiration of the minimum period of imprisonment, as set forth in paragraph (a) of subdivision one of section 70.40 of the penal law, paragraph (a) of subdivision two of section two hundred fifty-nine-i of the executive law, and section eight hundred five of this article, shall be deemed to mean the minimum period of imprisonment reduced by any time allowance granted pursuant to subdivision one-a of this section. The eligibility of an inmate to receive any time allowance pursuant to subdivision one-a of this section shall not otherwise affect such inmate's eligibility to participate in any department program.
§ 6. Subdivision 7 of section 803 of the correction law, as added by section five of this act, is amended to read as follows:
7. The expiration of the minimum period of imprisonment, as set forth in paragraph (a) of subdivision one of section 70.40 of the penal law, paragraph (a) of subdivision two of section two hundred fifty-nine-i of the executive law, and section eight hundred five of this article, shall be deemed to mean the minimum period of imprisonment reduced by any time allowance granted pursuant to subdivision [one-a] one-b of this section. The eligibility of an inmate to receive any time allowance pursuant to subdivision [one-a] one-b of this section shall not otherwise affect such inmate's eligibility to participate in any department program.
§ 7. Section 805 of the correction law, as amended by section 4 of part E of chapter 62 of the laws of 2003, is amended to read as follows:
§ 805. Earned eligibility program. Persons committed to the custody of the department under an indeterminate or determinate sentence of imprisonment shall be assigned a work and treatment program as soon as practicable. No earlier than two months prior to the inmate's eligibility to be paroled pursuant to subdivision one of section 70.40 of the penal law, the commissioner shall review the inmate's institutional record to determine whether he or she has complied with the assigned program. If the commissioner determines that the inmate has successfully partic-
S. 732 3
ipated in the program he may issue the inmate a certificate of earned eligibility. Notwithstanding any other provision of law, an inmate who is serving a sentence with a minimum term of not more than eight years and who has been issued a certificate of earned eligibility, shall be granted parole release at the expiration of his or her minimum term, or where applicable, at the expiration of the minimum term reduced by any time allowances, or as authorized by subdivision four of section eight hundred sixty-seven of this chapter unless the board of parole determines that there is a reasonable probability that, if such inmate is released, he or she will not live and remain at liberty without violating the law and that his release is not compatible with the welfare of society. Any action by the commissioner pursuant to this section shall be deemed a judicial function and shall not be reviewable if done in accordance with law.
§ 8. This act shall take effect on the first of November next succeeding the date on which it shall have become a law, provided that the amendments to section 803 of the correction law made by sections one, four and five of this act shall be subject to the expiration and reversion of such section pursuant to section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the provisions of sections two, three and six of this act shall take effect; and provided, further, the amendments to section 805 of the correction law made by section seven of this act shall not affect the expiration of such section and shall be deemed to expire therewith.
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 authorizing certain inmates serving indeterminate sentences to receive good time allowances against the minimum terms of their sentences not to exceed one third of the actual minimum term imposed
Purpose
To authorize certain inmates serving indeterminate sentences to receive good time allowances against the minimum terms of their sentences not to exceed 1/3 of the actual minimum term imposed.
Summary of specification provisions
Section 803 of the Correction Law is amended to allow for the granting of good time allowances against the minimum terms of imprisonment, for those inmates serving time for drug offenses pertaining to Article 220 or 221 of the Penal Law, but not to exceed 1/3 of the sentence imposed by the court. Drug offenders can receive good behavior allowances for progress in an assigned treatment program and willing performance of duties. However, those who violate institutional rules or fail to perform properly in assigned duties will not be granted good time allow- ance.
This section is also amended to specify that the minimum period of imprisonment will be reduced by the time allowance granted and the eligibility of an inmate to receive this allowance will have no effect on the inmate's ability to participate in department programs.
Justification
Our prison population has a large number of inmates who are serving terms of long sentences for non-violent drug offenses. This bill would allow for drug offenders to receive good time allowances by successfully performing their duties or completing assigned treatment programs. Since the allowance may be applied towards the minimum terms of their sentence, the inmates would be given the opportunity to see the parole board sooner than they would under normal procedures However, this does not mean that the inmate would be released sooner.
Legislative history
2013-2014: Referred to Crime Victims, Crime and Correction and died in Committee.
Fiscal implications
The fiscal implication on state and local government is unknown at the present time.
Effective date
This act shall take effect on the 1st of November next succeeding the date on which it shall be become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.