STATE OF NEW YORK ________________________________________________________________________ 342 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. COONEY, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN- SIGAL, JACKSON, KAVANAGH, KRUEGER, MAY, MAYER, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, WEBB -- 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 and the penal law, in relation to the early release of incarcerated individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "earned time act". 3 § 2. The correction law is amended by adding a new section 802 to read 4 as follows: 5 § 802. Data collection. The department shall report annually to the 6 governor and the legislature with respect to each instance in which time 7 allowance credit has been withheld, forfeited or cancelled. The report 8 shall provide the following information: the name, department identifi- 9 cation number and race of each incarcerated individual who has been 10 denied credit and the amount of credit involved, the reason or reasons 11 for the denial, including, where applicable, a description of the bad 12 behavior or institutional rule violation or violations, including the 13 corresponding numerical code in the department's incarcerated individ- 14 ual's rule handbook, and, where applicable, a description of the 15 assigned duty and/or identification of assigned treatment program in 16 which the incarcerated person was determined to have failed to perform 17 properly. The report shall additionally specify the department facility 18 in which the recommendation to withhold, forfeit or cancel good time was 19 made and the names of the department personnel on such facility's time 20 allowance committee who made such recommendation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00467-01-5

S. 342 2 1 § 3. Section 803 of the correction law, as amended by chapter 3 of the 2 laws of 1995, paragraphs (a), (b), and (c) of subdivision 1 and subdivi- 3 sions 3, 4, and 5 as amended by section 37 of subpart B of part C of 4 chapter 62 of the laws of 2011, paragraph (d) of subdivision 1 and 5 subdivision 2-a as added by chapter 738 of the laws of 2004, subpara- 6 graph (ii) of paragraph (d) of subdivision 1 as amended by chapter 322 7 of the laws of 2021, subparagraph (iv) of paragraph (d) of subdivision 1 8 as separately amended by chapters 242 and 322 of the laws of 2021 and 9 subdivision 2-b as added by section 3 of part E of chapter 62 of the 10 laws of 2003, is amended to read as follows: 11 § 803. Good behavior allowances against indeterminate and determinate 12 sentences. 1. (a) Every person confined in an institution of the depart- 13 ment or a facility in the department of mental hygiene serving an inde- 14 terminate or determinate sentence of imprisonment, except a person serv- 15 ing a sentence with a maximum term of life imprisonment, [~~may~~] shall 16 receive a time allowance against the term or maximum term of [~~his or~~ 17 ~~her~~] their sentence imposed by the court. Such allowances [~~may be grant-~~ 18 ~~ed for good behavior and efficient and willing performance of duties~~ 19 ~~assigned or progress and achievement in an assigned treatment program,~~ 20 ~~and may be withheld, forfeited or canceled in whole or in part for bad~~ 21 ~~behavior, violation of institutional rules or failure to perform proper-~~ 22 ~~ly in the duties or program assigned~~] shall be credited toward a 23 person's sentence on an annual pro rata basis, and any credit awarded 24 over the course of the calendar year shall vest on the final day of the 25 calendar year. Once vested, such credit shall not be withheld, 26 forfeited, or canceled. 27 (a-1) Time allowances that have not yet been credited toward a 28 person's sentence may be withheld, forfeited or canceled in whole or in 29 part for violation of institutional rules, as demonstrated at a hearing 30 by a preponderance of the evidence. Such restrictions shall be limited 31 to the pro rata share of credit within the calendar year that the 32 offense is committed. If such time allowance is withheld, forfeited or 33 canceled in whole or in part, further allowances, not to exceed the 34 allowances set forth in paragraphs (b) and (c) of this subdivision, may 35 be reinstated for good behavior and efficient and willing performance of 36 duties assigned or progress and achievement in an assigned treatment 37 program. Following any final determination withholding, forfeiting, or 38 canceling a time allowance, the incarcerated person shall have the right 39 to take an administrative appeal to the central office of the department 40 and shall be advised of the right to seek legal assistance in the taking 41 of such appeal. The department shall adopt regulations in accordance 42 with this provision. 43 (b) A person serving an indeterminate sentence of imprisonment [~~may~~] 44 shall receive a time allowance against the maximum term of [~~his or her~~] 45 their sentence [~~not to exceed one-third~~] of one-half of the maximum term 46 imposed by the court. 47 (c) A person serving a determinate sentence of imprisonment [~~may~~] 48 shall receive a time allowance against the term of [~~his or her~~] their 49 sentence [~~not to exceed one-seventh~~] of one-half of the term imposed by 50 the court. 51 (d) (i) [~~Except as provided in subparagraph (ii) of this paragraph,~~ 52 ~~every~~] Every person under the custody of the department or confined in a 53 facility in the department of mental hygiene serving an indeterminate 54 sentence of imprisonment with a minimum period of one year or more or a 55 determinate sentence of imprisonment of one year or more [~~imposed pursu-~~

S. 342 3 1 ~~ant to section 70.70 or 70.71 of the penal law,~~] may earn a merit time 2 allowance. 3 (ii) [~~Such merit time allowance shall not be available to any person~~ 4 ~~serving an indeterminate sentence authorized for an A-I felony offense,~~ 5 ~~other than an A-I felony offense defined in article two hundred twenty~~ 6 ~~of the penal law, or any sentence imposed for a violent felony offense~~ 7 ~~as defined in section 70.02 of the penal law, manslaughter in the second~~ 8 ~~degree, vehicular manslaughter in the second degree, vehicular~~ 9 ~~manslaughter in the first degree, criminally negligent homicide, an~~ 10 ~~offense defined in article one hundred thirty of the penal law, incest,~~ 11 ~~or an offense defined in article two hundred sixty-three of the penal~~ 12 ~~law, or aggravated harassment of an employee by an incarcerated individ-~~ 13 ~~ual.~~ 14 ~~(iii)~~] The merit time allowance credit against the minimum period of 15 the indeterminate sentence shall be [~~one-sixth~~] one-half of the minimum 16 period imposed by the court [~~except that such credit shall be one-third~~ 17 ~~of the minimum period imposed by the court for an A-I felony offense~~ 18 ~~defined in article two hundred twenty of the penal law~~]. In the case of 19 such a determinate sentence, in addition to the time allowance credit 20 authorized by paragraph (c) of this subdivision, the merit time allow- 21 ance credited against the term of the determinate sentence pursuant to 22 this paragraph shall be [~~one-seventh~~] one-quarter of the term imposed by 23 the court. 24 [~~(iv)~~] (iii) Such merit time allowance [~~may~~] shall be granted when an 25 incarcerated individual successfully participates in the work and treat- 26 ment program assigned pursuant to section eight hundred five of this 27 article [~~and~~], including but not limited to when such incarcerated indi- 28 vidual obtains a general equivalency diploma, an alcohol and substance 29 abuse treatment certificate, a vocational trade certificate [~~following~~ 30 ~~at least six months of vocational programming~~], at least eighteen cred- 31 its in a program registered by the state education department from a 32 degree-granting higher education institution or performs at least four 33 hundred hours of service as part of a community work crew, or success- 34 fully completes one or more "significant programmatic accomplishments" 35 as defined in paragraph (c) of subdivision one of section eight hundred 36 three-b of this article. The commissioner may designate additional 37 programs and achievements for which merit time shall be granted. Once 38 granted, such allowances shall not be withheld, forfeited, or cancelled. 39 Where the institution in which the incarcerated individual is confined 40 does not provide opportunities for every incarcerated individual to earn 41 merit time allowances, such merit time allowance shall be automatically 42 credited against the incarcerated individual's sentence according to 43 subparagraph (ii) of this paragraph. 44 [~~Such allowance shall be withheld for any serious disciplinary infrac-~~ 45 ~~tion or upon a judicial determination that the person, while an incar-~~ 46 ~~cerated individual, commenced or continued a civil action, proceeding or~~ 47 ~~claim that was found to be frivolous as defined in subdivision (c) of~~ 48 ~~section eight thousand three hundred three-a of the civil practice law~~ 49 ~~and rules, or an order of a federal court pursuant to rule 11 of the~~ 50 ~~federal rules of civil procedure imposing sanctions in an action~~ 51 ~~commenced by a person, while an incarcerated individual, against a state~~ 52 ~~agency, officer or employee.~~ 53 ~~(v)~~] (iv) The provisions of this paragraph shall apply to persons in 54 custody serving [an] a determinate or indeterminate sentence on the 55 effective date of this paragraph as well as to persons sentenced to [an] 56 a determinate or indeterminate sentence on and after the effective date

S. 342 4 1 of this paragraph [~~and prior to September first, two thousand five and~~ 2 ~~to persons sentenced to a determinate sentence prior to September first,~~ 3 ~~two thousand eleven for a felony as defined in article two hundred twen-~~ 4 ~~ty or two hundred twenty-one of the penal law~~]. The time allowances set 5 forth in this paragraph shall apply retroactively and shall be credited 6 toward every incarcerated individual's sentence within ninety days of 7 the chapter of the laws of two thousand twenty-five that amended this 8 paragraph. 9 2. If a person is serving more than one sentence, the authorized 10 allowances may be granted separately against the term or maximum term of 11 each sentence or, where consecutive sentences are involved, against the 12 aggregate maximum term. Such allowances shall be calculated as follows: 13 (a) A person serving two or more indeterminate sentences which run 14 concurrently [~~may~~] shall receive a time allowance [~~not to exceed one-~~ 15 ~~third~~] of one-half of the indeterminate sentence which has the longest 16 unexpired time to run. 17 (b) A person serving two or more indeterminate sentences which run 18 consecutively [~~may~~] shall receive a time allowance [~~not to exceed one-~~ 19 ~~third~~] of one-half of the aggregate maximum term. 20 (c) A person serving two or more determinate sentences which run 21 concurrently [~~may~~] shall receive a time allowance [~~not to exceed one-~~ 22 ~~seventh~~] of one-half of the determinate sentence which has the longest 23 unexpired time to run. 24 (d) A person serving two or more determinate sentences which run 25 consecutively [~~may~~] shall receive a time allowance [~~not to exceed one-~~ 26 ~~seventh~~] of one-half of the aggregate maximum term. 27 (e) A person serving one or more indeterminate sentence and one or 28 more determinate sentence which run concurrently [~~may~~] shall receive a 29 time allowance [~~not to exceed one-third~~] of one-half of the indetermi- 30 nate sentence which has the longest unexpired term to run or [~~one-sev-~~ 31 ~~enth~~] one-half of the determinate sentence which has the longest unex- 32 pired time to run, whichever allowance is greater. 33 (f) A person serving one or more indeterminate sentence and one or 34 more determinate sentence which run consecutively [~~may~~] shall receive a 35 time allowance [~~not to exceed~~] of the sum of [~~one-third~~] one-half of the 36 maximum or aggregate maximum of the indeterminate sentence or sentences 37 and [~~one-seventh~~] one-half of the term or aggregate maximum of the 38 determinate sentence or sentences. 39 2-a. If a person is serving more than one sentence, the authorized 40 merit time allowances may be granted against the period or aggregate 41 minimum period of the indeterminate sentence or sentences, or against 42 the term or aggregate term of the determinate sentence or sentences, or 43 where consecutive determinate and indeterminate sentences are involved, 44 against the aggregate minimum period as calculated pursuant to subpara- 45 graph (iv) of paragraph (a) of subdivision one of section 70.40 of the 46 penal law. Such allowances shall be calculated as follows: 47 (a) A person serving two or more indeterminate sentences which run 48 concurrently may receive a merit time allowance not to exceed [~~one-~~ 49 ~~sixth~~] one-half of the minimum period of the indeterminate sentence 50 imposed [~~for an offense other than an A-I felony offense defined in~~ 51 ~~article two hundred twenty of the penal law, or one-third of the minimum~~ 52 ~~period of the indeterminate sentence imposed for an A-I felony offense~~ 53 ~~defined in article two hundred twenty of the penal law, whichever allow-~~ 54 ~~ance results in the longest unexpired time to run~~] by the court. 55 (b) A person serving two or more indeterminate sentences which run 56 consecutively may receive a merit time allowance not to exceed the

S. 342 5 1 amount of [~~one-third~~] one-half of the minimum or aggregate minimum peri- 2 od of the sentences imposed [~~for an A-I felony offense defined in arti-~~ 3 ~~cle two hundred twenty of the penal law, plus one-sixth of the minimum~~ 4 ~~or aggregate minimum period of the sentences imposed for an offense~~ 5 ~~other than such A-I felony offense~~] by the court. 6 (c) A person serving two or more determinate sentences [~~for an offense~~ 7 ~~defined in article two hundred twenty or two hundred twenty-one of the~~ 8 ~~penal law~~] which run concurrently may receive a merit time allowance not 9 to exceed [~~one-seventh~~] one-quarter of the term of the determinate 10 sentence which has the longest unexpired time to run. 11 (d) A person serving two or more determinate sentences [~~for an offense~~ 12 ~~defined in article two hundred twenty or two hundred twenty-one of the~~ 13 ~~penal law~~] which run consecutively may receive a merit time allowance 14 not to exceed [~~one-seventh~~] one-quarter of the aggregate term of such 15 determinate sentences. 16 (e) A person serving one or more indeterminate sentences and one or 17 more determinate sentences [~~for an offense defined in article two~~ 18 ~~hundred twenty or two hundred twenty-one of the penal law~~] which run 19 concurrently may receive a merit time allowance not to exceed [~~one-~~ 20 ~~sixth~~] one-half of the minimum period of the indeterminate sentence 21 imposed [~~for an offense other than an A-I felony offense defined in~~ 22 ~~article two hundred twenty of the penal law, one-third of the minimum~~ 23 ~~period of the indeterminate sentence imposed for an A-I felony offense~~ 24 ~~defined in article two hundred twenty of the penal law,~~] or [~~one-sev-~~ 25 ~~enth~~] one-quarter of the term of the determinate sentence, whichever 26 allowance results in the largest unexpired time to run. 27 (f) A person serving one or more indeterminate sentences and one or 28 more determinate sentences which run consecutively may receive a merit 29 time allowance not to exceed the sum of [~~one-sixth~~] one-half of the 30 minimum or aggregate minimum period of the indeterminate sentence or 31 sentences imposed [~~for an offense other than an A-I felony offense~~ 32 ~~defined in article two hundred twenty of the penal law, one-third of the~~ 33 ~~minimum or aggregate minimum period of the indeterminate sentence or~~ 34 ~~sentences imposed for an A-I felony offense defined in article two~~ 35 ~~hundred twenty of the penal law~~] and [~~one-seventh~~] one-quarter of the 36 term or aggregate term of the determinate sentence or sentences. 37 (g) The provisions of this subdivision shall apply to persons in 38 custody serving [an] a determinate or indeterminate sentence on the 39 effective date of this subdivision as well as to persons sentenced to 40 [an] a determinate or indeterminate sentence on and after the effective 41 date of this subdivision [~~and prior to September first, two thousand~~ 42 ~~five and to persons sentenced to a determinate sentence prior to Septem-~~ 43 ~~ber first, two thousand eleven for a felony as defined in article two~~ 44 ~~hundred twenty or two hundred twenty-one of the penal law~~]. The merit 45 time allowances set forth in this subdivision shall apply retroactively, 46 and shall be credited toward every incarcerated individual's sentence 47 within ninety days of the effective date of the chapter of the laws of 48 two thousand twenty-five that amended this subdivision. 49 [~~2-b. Notwithstanding the foregoing, if a person is serving more than~~ 50 ~~one indeterminate sentence, at least one of which is imposed for a class~~ 51 ~~A-I felony offense defined in article two hundred twenty of the penal~~ 52 ~~law, the authorized merit time allowance granted pursuant to paragraph~~ 53 ~~(d) of subdivision one of this section shall be calculated as follows:~~ 54 ~~(a) In the event a person is serving two or more indeterminate~~ 55 ~~sentences with different minimum periods which run concurrently, the~~ 56 ~~merit time allowance shall be based upon the sentence with the longest~~

S. 342 6 1 ~~unexpired minimum period. If the sentence with the longest unexpired~~ 2 ~~minimum period was imposed for a class A-I felony, the merit time credit~~ 3 ~~shall be one-third of such sentence's minimum period; if such sentence~~ 4 ~~was imposed for an offense other than a class A-I felony, such merit~~ 5 ~~time credit shall be one-sixth of such sentence's minimum period.~~ 6 ~~Provided, however, that where the minimum period of any other concurrent~~ 7 ~~indeterminate sentence is greater than such reduced minimum period, the~~ 8 ~~minimum period of such other concurrent indeterminate sentence shall~~ 9 ~~also be reduced but only to the extent that the minimum period of such~~ 10 ~~other concurrent sentence, as so reduced, is equal to the reduced mini-~~ 11 ~~mum period of such sentence with the longest unexpired minimum period to~~ 12 ~~run.~~ 13 ~~(b) A person serving two or more indeterminate sentences with the same~~ 14 ~~minimum periods which run concurrently, and no concurrent indeterminate~~ 15 ~~sentence with any greater minimum period, shall have the minimum period~~ 16 ~~of each such sentence reduced in the amount of one-third of such minimum~~ 17 ~~period if all such sentences were imposed for a class A-I felony.~~ 18 ~~(c) A person serving two or more indeterminate sentences that run~~ 19 ~~consecutively shall have the aggregate minimum period of such sentences~~ 20 ~~reduced in the amount of one-third of such aggregate minimum period of~~ 21 ~~the sentences imposed for a class A-I felony, plus one-sixth of such~~ 22 ~~aggregate minimum period of the sentences imposed for an offense other~~ 23 ~~than a class A-I felony.~~] 24 3. The commissioner of corrections and community supervision shall 25 promulgate rules and regulations for the fair and equitable granting, 26 withholding, forfeiture, cancellation and restoration of allowances 27 authorized by this section in accordance with the criteria herein speci- 28 fied. Such rules and regulations shall specify procedures to ensure that 29 similarly situated incarcerated persons are treated similarly with 30 respect to the granting, withholding, forfeiture or cancellation of 31 allowances, and include provisions designating the person or committee 32 in each correctional institution delegated to make discretionary deter- 33 minations with respect to the allowances, the books and records to be 34 kept, and a procedure for review of the institutional determinations by 35 the commissioner. 36 4. [~~No person shall have the right to demand or require the allowances~~ 37 ~~authorized by this section. The decision of the commissioner of~~ 38 ~~corrections and community supervision as to the granting, withholding,~~ 39 ~~forfeiture, cancellation or restoration of such allowances shall be~~ 40 ~~final and shall not be reviewable if made in accordance with law.~~ 41 5.] Time allowances granted prior to any release to community super- 42 vision shall be forfeited and shall not be restored if the released 43 person is returned to an institution under the jurisdiction of the state 44 department of corrections and community supervision for violation of 45 community supervision or by reason of a conviction for a crime committed 46 while on community supervision. A person who is so returned may, howev- 47 er, subsequently receive time allowances against the remaining portion 48 of [~~his or her~~] their term, maximum term or aggregate maximum term 49 pursuant to this section [~~and provided such remaining portion of [his or~~ 50 ~~her~~] their term, maximum term, or aggregate maximum term is more than 51 one year]. 52 [6.] 5. Upon commencement of an indeterminate or a determinate 53 sentence the provisions of this section shall be furnished to the person 54 serving the sentence and the meaning of same shall be fully explained to 55 [~~him~~] them by a person designated by the commissioner to perform such 56 duty.

S. 342 7 1 § 4. Section 804 of the correction law, as added by chapter 680 of the 2 laws of 1967, subdivisions 1 and 2 as amended by chapter 145 of the laws 3 of 1976, and subdivision 6 as amended by section 39 of subpart B of part 4 C of chapter 62 of the laws of 2011, is amended to read as follows: 5 § 804. Good behavior allowances against definite sentences. 1. Every 6 person confined in an institution serving a definite sentence of impri- 7 sonment [~~may~~] shall receive a time [~~allowances as discretionary~~ 8 ~~reductions of the term of his sentence not to exceed in the aggregate~~ 9 ~~one-third~~] allowance of one-half of the term imposed by the court. Such 10 allowances [~~may be granted for good behavior and efficient and willing~~ 11 ~~performance of duties assigned or progress and achievement in an~~ 12 ~~assigned treatment program, and may be withheld, forfeited or cancelled~~ 13 ~~in whole or in part for bad behavior, violation of institutional rules~~ 14 ~~or failure to perform properly in the duties or program assigned~~] shall 15 be credited toward a person's sentence on an annual pro rata basis, and 16 any credit awarded over the course of the calendar year shall vest on 17 the final day of the calendar year. Once vested, such credit shall not 18 be withheld, forfeited, or canceled. 19 1-a. Time allowances that have not yet been granted toward a person's 20 sentence may be withheld, forfeited or canceled in whole or in part for 21 violation of institutional rules, as demonstrated at a hearing by a 22 preponderance of the evidence. Such restrictions shall be limited to the 23 pro rata share of credit within the calendar year that the offense is 24 committed. If such time allowance is withheld, forfeited or canceled in 25 whole or in part, further allowances, not to exceed one-half of the term 26 imposed by the court, may be reinstated for good behavior and efficient 27 and willing performance of duties assigned or progress and achievement 28 in an assigned treatment program. Following any final determination 29 withholding, forfeiting, or canceling a time allowance, the incarcerated 30 person shall have the right to take an administrative appeal to the 31 sheriff and shall be advised of the right to seek legal assistance in 32 the taking of such appeal. The sheriff shall adopt regulations in 33 accordance with this provision. 34 2. If a person is serving more than one sentence, the authorized 35 allowances may be granted separately against the term of each sentence 36 or, where consecutive sentences are involved, against the aggregate 37 term. Allowances based upon sentences of less than one month may be 38 granted, and in such case the maximum allowance shall be one day for 39 every [~~three~~] two days of the sentence. In no case, however, shall the 40 total of all allowances granted to any such person exceed [~~one-third~~] 41 one-half of the time [he] they would be required to serve, computed 42 without regard to this section. 43 3. [~~No person shall have the right to demand or require the allowances~~ 44 ~~authorized by this section. The decision of the sheriff, superintendent,~~ 45 ~~warden or other person in charge of the institution, or where such~~ 46 ~~institution is under the jurisdiction of a county or city department the~~ 47 ~~decision of the head of such department, as to the granting, withhold-~~ 48 ~~ing, forfeiture, cancellation or restoration of such allowances shall be~~ 49 ~~final and shall not be reviewable if made in accordance with law.~~ 50 4.] A person who has earned a reduction of sentence pursuant to this 51 section and who has been conditionally released under subdivision two of 52 section 70.40 of the penal law shall not forfeit such reduction by 53 reason of conduct causing [~~his~~] their return to the institution. 54 Provided, nevertheless, that such reduction may be forfeited by reason 55 of subsequent conduct while serving the remainder of [~~his~~] their term.

S. 342 8 1 [5.] 4. The state commission of correction shall promulgate record 2 keeping rules and regulations for the fair and equitable granting, with- 3 holding, forfeiture, cancellation and restoration of allowances author- 4 ized by this section. Such rules and regulations shall specify proce- 5 dures to ensure that similarly situated incarcerated persons are treated 6 similarly with respect to the granting, withholding, forfeiture or 7 cancellation of allowances. 8 [6.] 5. Notwithstanding anything to the contrary in this section, in 9 any case where a person is serving a definite sentence in an institution 10 under the jurisdiction of the state department of corrections and commu- 11 nity supervision, [~~subdivisions~~] subdivision three [~~and four~~] of section 12 eight hundred three of this [~~chapter~~] article shall apply. 13 [7.] 6. Upon commencement of any definite sentence the provisions of 14 this section shall be furnished to the person serving the sentence and 15 the meaning of same shall be fully explained to [~~him~~] them by an officer 16 designated in the regulation to perform such duty. 17 § 5. Section 804-a of the correction law, as added by chapter 220 of 18 the laws of 1987, is amended to read as follows: 19 § 804-a. Good behavior allowances for certain civil commitments. 1. 20 Every person confined in an institution serving a civil commitment for a 21 fixed period of time, whose release is not conditional upon any act 22 within [~~his~~] their power to perform, [~~may~~] shall receive time allowances 23 as discretionary reductions of the term of [~~his~~] their commitment not to 24 exceed, in the aggregate, [~~one-third~~] one-half of the term imposed by 25 the court. Such allowances [~~may be granted for good behavior and effi-~~ 26 ~~cient and willing performance of duties assigned or progress and~~ 27 ~~achievement in an assigned treatment program, and may be withheld,~~ 28 ~~forfeited or cancelled in whole or in part for bad behavior, violation~~ 29 ~~of institutional rules or failure to perform properly in the duties or~~ 30 ~~program assigned~~] shall be credited toward a person's sentence on an 31 annual pro rata basis, and any credit awarded over the course of the 32 calendar year shall vest on the final day of the calendar year. Once 33 vested, such credit shall not be withheld, forfeited, or canceled. 34 1-a. Time allowances that have not yet been granted toward a person's 35 sentence may be withheld, forfeited or canceled in whole or in part for 36 violation of institutional rules, as demonstrated at a hearing by a 37 preponderance of the evidence. Such restrictions shall be limited to the 38 pro rata share of credit within the calendar year that the offense is 39 committed. If such time allowance is withheld, forfeited or canceled in 40 whole or in part, further allowances, not to exceed one-half of the term 41 imposed by the court, may be reinstated for good behavior and efficient 42 and willing performance of duties assigned or progress and achievement 43 in an assigned treatment program. Following any final determination 44 withholding, forfeiting, or canceling a time allowance, the incarcerated 45 person shall have the right to take an administrative appeal to the 46 central office of the department and shall be advised of the right to 47 seek legal assistance in the taking of such appeal. The department shall 48 adopt regulations in accordance with this provision. 49 2. Allowances based upon commitments of less than one month may be 50 granted, and in such case the maximum allowances shall be one day for 51 every [~~three~~] two days of the commitment. In no case, however, shall the 52 total of all allowances granted to any such person exceed [~~one-third~~] 53 one-half of the time [he] they would be required to serve, computed 54 without regard to this section. 55 3. [~~No person shall have the right to demand or require the allowances~~ 56 ~~authorized by this section. The decision of the sheriff, superintendent,~~

S. 342 9 1 ~~warden or other person in charge of the institution, or where such~~ 2 ~~institution is under the jurisdiction of a county or city department the~~ 3 ~~decision of the head of such department, as to the granting, withhold-~~ 4 ~~ing, forfeiture, cancellation, or restoration of such allowances shall~~ 5 ~~be final and shall not be reviewable if made in accordance with law.~~ 6 4.] The state commission of correction shall promulgate record keeping 7 rules and regulations for the granting, withholding, forfeiture, cancel- 8 lation and restoration of allowances authorized by this section. 9 [5.] 4. Upon commencement of any civil commitment as described in 10 subdivision one of this section, the provisions of this section shall be 11 furnished to the person serving the commitment and the meaning of same 12 shall be fully explained to [~~him~~] them by an officer designated in the 13 regulation to perform such duty. 14 § 6. Section 865 of the correction law, as added by chapter 261 of the 15 laws of 1987, subdivisions 1 and 2 as amended by chapter 322 of the laws 16 of 2021, is amended to read as follows: 17 § 865. Definitions. As used in this article, [~~the following terms~~ 18 ~~mean:~~ 19 ~~1. "Eligible incarcerated individual" means a person sentenced to an~~ 20 ~~indeterminate term of imprisonment who will become eligible for release~~ 21 ~~on parole within three years or sentenced to a determinate term of~~ 22 ~~imprisonment who will become eligible for conditional release within~~ 23 ~~three years, who has not reached the age of fifty years, who has not~~ 24 ~~previously been convicted of a violent felony as defined in article~~ 25 ~~seventy of the penal law, or a felony in any other jurisdiction which~~ 26 ~~includes all of the essential elements of any such violent felony, upon~~ 27 ~~which an indeterminate or determinate term of imprisonment was imposed~~ 28 ~~and who was between the ages of sixteen and fifty years at the time of~~ 29 ~~commission of the crime upon which his or her present sentence was~~ 30 ~~based. Notwithstanding the foregoing, no person who is convicted of any~~ 31 ~~of the following crimes shall be deemed eligible to participate in this~~ 32 ~~program: (a) a violent felony offense as defined in article seventy of~~ 33 ~~the penal law; provided, however, that a person who is convicted of~~ 34 ~~burglary in the second degree as defined in subdivision two of section~~ 35 ~~140.25 of the penal law, or robbery in the second degree as defined in~~ 36 ~~subdivision one of section 160.10 of the penal law, or an attempt there-~~ 37 ~~of, is eligible to participate, (b) an A-I felony offense, (c) any homi-~~ 38 ~~cide offense as defined in article one hundred twenty-five of the penal~~ 39 ~~law, (d) any felony sex offense as defined in article one hundred thirty~~ 40 ~~of the penal law and (e) any escape or absconding offense as defined in~~ 41 ~~article two hundred five of the penal law.~~ 42 ~~2. "Shock~~] "shock incarceration program" means a program pursuant to 43 which eligible incarcerated individuals are selected to participate in 44 the program and serve a period of six months in a shock incarceration 45 facility, which shall provide rigorous physical activity, intensive 46 regimentation and discipline and rehabilitation therapy and programming. 47 Such incarcerated individuals may be selected either: (i) at a reception 48 center; or (ii) at a general confinement facility [~~when the otherwise~~ 49 ~~eligible incarcerated individual then becomes eligible for release on~~ 50 ~~parole within three years in the case of an indeterminate term of impri-~~ 51 ~~sonment, or then becomes eligible for conditional release within three~~ 52 ~~years in the case of a determinate term of imprisonment~~]. 53 § 7. Section 867 of the correction law, as amended by chapter 322 of 54 the laws of 2021, is amended to read as follows: 55 § 867. Procedure for selection of participants in shock incarceration 56 program. 1. An [~~eligible~~] incarcerated individual may make an applica-

S. 342 10 1 tion to the shock incarceration screening committee for permission to 2 participate in the shock incarceration program. 3 2. If the shock incarceration screening committee determines that an 4 incarcerated individual's participation in the shock incarceration 5 program is consistent with the safety of the community, the welfare of 6 the applicant and the rules and regulations of the department, the 7 committee shall forward the application to the commissioner or [~~his~~] a 8 designee for approval or disapproval. 9 2-a. Subdivisions one and two of this section shall apply to a judi- 10 cially sentenced shock incarceration incarcerated individual only to the 11 extent that the screening committee may determine whether the incarcer- 12 ated individual has a medical or mental health condition that will 13 render the incarcerated individual unable to successfully complete the 14 shock incarceration program, and the facility in which the incarcerated 15 individual will participate in such program. Notwithstanding subdivi- 16 sion five of this section, an incarcerated individual sentenced to shock 17 incarceration shall promptly commence participation in the program [~~when~~ 18 ~~such incarcerated individual is an eligible incarcerated individual~~ 19 ~~pursuant to subdivision one of section eight hundred sixty-five of this~~ 20 ~~article~~]. 21 3. Applicants cannot participate in the shock incarceration program 22 unless they agree to be bound by all the terms and conditions thereof 23 and indicate such agreement by signing the memorandum of the program 24 immediately below a statement reading as follows: 25 "I accept the foregoing program and agree to be bound by the terms and 26 conditions thereof. I understand that my participation in the program is 27 a privilege that may be revoked at any time at the sole discretion of 28 the commissioner. I understand that I must successfully complete the 29 entire program to obtain a certificate of earned eligibility upon the 30 completion of said program, and in the event that I do not successfully 31 complete said program, for any reason, I will be transferred to a 32 nonshock incarceration correctional facility to continue service of my 33 sentence." 34 4. An incarcerated individual who has successfully completed a shock 35 incarceration program shall be eligible to receive such a certificate of 36 earned eligibility pursuant to section eight hundred five of this chap- 37 ter. Notwithstanding any other provision of law, an incarcerated indi- 38 vidual sentenced to a determinate sentence of imprisonment who has 39 successfully completed a shock incarceration program shall be eligible 40 to receive such a certificate of earned eligibility and shall be imme- 41 diately eligible to be conditionally released. 42 5. Participation in the shock incarceration program shall be a privi- 43 lege. Nothing contained in this article may be construed to confer upon 44 any incarcerated individual the right to participate or continue to 45 participate therein. 46 § 8. Clause (B) of subparagraph (ii) of paragraph (e) of subdivision 1 47 of section 70.30 of the penal law, as amended by chapter 3 of the laws 48 of 1995, is amended to read as follows: 49 (B) if the aggregate maximum term of the determinate sentence or 50 sentences is less than twenty years, the defendant shall be deemed to be 51 serving an indeterminate sentence the maximum term of which shall be 52 deemed to be twenty years. In such instances, the minimum sentence shall 53 be deemed to be ten years or [~~six-sevenths~~] one-half of the term or 54 aggregate maximum term of the determinate sentence or sentences, which- 55 ever is greater.

S. 342 11 1 § 9. Clause (B) of subparagraph (iii) of paragraph (e) of subdivision 2 1 of section 70.30 of the penal law, as amended by chapter 3 of the laws 3 of 1995, is amended to read as follows: 4 (B) if the aggregate maximum term of the determinate sentence or 5 sentences is less than thirty years, the defendant shall be deemed to be 6 serving an indeterminate sentence the maximum term of which shall be 7 deemed to be thirty years. In such instances, the minimum sentence shall 8 be deemed to be fifteen years or [~~six-sevenths~~] one-half of the term or 9 aggregate maximum term of the determinate sentence or sentences, which- 10 ever is greater. 11 § 10. Clause (B) of subparagraph (v) of paragraph (e) of subdivision 1 12 of section 70.30 of the penal law, as amended by chapter 3 of the laws 13 of 1995, is amended to read as follows: 14 (B) if the aggregate maximum term of the determinate sentence or 15 sentences is less than forty years, the defendant shall be deemed to be 16 serving an indeterminate sentence the maximum term of which shall be 17 deemed to be forty years. In such instances, the minimum sentence shall 18 be deemed to be twenty years or [~~six-sevenths~~] one-half of the term or 19 aggregate maximum term of the determinate sentence or sentences, which- 20 ever is greater. 21 § 11. Clause (B) of subparagraph (vii) of paragraph (e) of subdivision 22 1 of section 70.30 of the penal law, as amended by chapter 3 of the laws 23 of 1995, is amended to read as follows: 24 (B) if the aggregate maximum term of the determinate sentence or 25 sentences is less than fifty years, the defendant shall be deemed to be 26 serving an indeterminate sentence the maximum term of which shall be 27 deemed to be fifty years. In such instances, the minimum sentence shall 28 be deemed to be twenty-five years or [~~six-sevenths~~] one-half of the term 29 or aggregate maximum term of the determinate sentence or sentences, 30 whichever is greater. 31 § 12. Paragraph (b) of subdivision 4 of section 70.30 of the penal 32 law, as amended by chapter 3 of the laws of 1995, is amended to read as 33 follows: 34 (b) In the case of a person serving a definite sentence, the total of 35 such allowances shall not exceed [~~one-third~~] one-half of [~~his~~] their 36 term or aggregate term and the allowances shall be applied as a credit 37 against such term. 38 § 13. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 1 39 of section 70.40 of the penal law, as amended by section 127-c of 40 subpart B of part C of chapter 62 of the laws of 2011, are amended to 41 read as follows: 42 (iii) A person who is serving one or more than one indeterminate 43 sentence of imprisonment and one or more than one determinate sentence 44 of imprisonment, which run concurrently may be paroled at any time after 45 the expiration of the minimum period of imprisonment of the indetermi- 46 nate sentence or sentences, or upon the expiration of [~~six-sevenths~~] 47 one-half of the term of imprisonment of the determinate sentence or 48 sentences, whichever is later. 49 (iv) A person who is serving one or more than one indeterminate 50 sentence of imprisonment and one or more than one determinate sentence 51 of imprisonment which run consecutively may be paroled at any time after 52 the expiration of the sum of the minimum or aggregate minimum period of 53 the indeterminate sentence or sentences and [~~six-sevenths~~] one-half of 54 the term or aggregate term of imprisonment of the determinate sentence 55 or sentences.

S. 342 12 1 § 14. Paragraph (b) of subdivision 1 of section 70.40 of the penal 2 law, as amended by section 127-d-1 of subpart B of part C of chapter 62 3 of the laws of 2011, is amended to read as follows: 4 (b) A person who is serving one or more than one indeterminate or 5 determinate sentence of imprisonment shall, if [~~he or she so requests~~] 6 they request, be conditionally released from the institution in which 7 [~~he or she is~~] they are confined when the total good behavior time 8 allowed to [~~him or her~~] them, pursuant to the provisions of the 9 correction law, is equal to the unserved portion of [~~his or her~~] their 10 term, maximum term or aggregate maximum term; provided, however, that 11 (i) in no event shall a person serving one or more indeterminate 12 sentence of imprisonment and one or more determinate sentence of impri- 13 sonment which run concurrently be conditionally released until serving 14 at least [~~six-sevenths~~] one-half of the determinate term of imprisonment 15 which has the longest unexpired time to run and (ii) in no event shall a 16 person be conditionally released prior to the date on which such person 17 is first eligible for discretionary parole release. The conditions of 18 release, including those governing post-release supervision, shall be 19 such as may be imposed by the state board of parole in accordance with 20 the provisions of the executive law. 21 Every person so released shall be under the supervision of the state 22 department of corrections and community supervision for a period equal 23 to the unserved portion of the term, maximum term, aggregate maximum 24 term, or period of post-release supervision. 25 § 15. This act shall take effect immediately; provided, however, that 26 the amendments to section 803 of the correction law made by section 27 three of this act shall not affect the expiration of such section and 28 shall be deemed to expire therewith; provided, further that the amend- 29 ments to subdivision 2-b of section 803 of the correction law made by 30 section three of this act shall not affect the repeal of such subdivi- 31 sion and shall be deemed repealed therewith; provided further, however, 32 that the amendments to paragraph (e) of subdivision 1 of section 70.30 33 of the penal law made by sections eight, nine, ten and eleven of this 34 act shall not affect the expiration of such paragraph and shall be 35 deemed to expire therewith; provided further, however, that the amend- 36 ments to paragraph (b) of subdivision 4 of section 70.30 of the penal 37 law made by section twelve of this act shall not affect the expiration 38 of such subdivision and shall expire therewith; and provided further, 39 however, that the amendments to paragraphs (a) and (b) of subdivision 1 40 of section 70.40 of the penal law made by sections thirteen and fourteen 41 of this act shall not affect the expiration of such paragraphs and shall 42 be deemed to expire therewith.

Establishes the "earned time act"

What's Happening

Why It Matters