Reduce Prison Sentences Faster

Section 1. Short title. This act shall be known and may be cited as the "earned time act".

§ 2. The correction law is amended by adding a new section 802 to read as follows:

§ 802. Data collection. The department shall report annually to the governor and the legislature with respect to each instance in which time allowance credit has been withheld, forfeited or cancelled. The report shall provide the following information: the name, department identification number and race of each incarcerated individual who has been denied credit and the amount of credit involved, the reason or reasons for the denial, including, where applicable, a description of the bad behavior or institutional rule violation or violations, including the corresponding numerical code in the department's incarcerated individual's rule handbook, and, where applicable, a description of the assigned duty and/or identification of assigned treatment program in which the incarcerated person was determined to have failed to perform properly. The report shall additionally specify the department facility in which the recommendation to withhold, forfeit or cancel good time was made and the names of the department personnel on such facility's time 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

§ 3. Section 803 of the correction law, as amended by chapter 3 of the laws of 1995, paragraphs (a), (b), and (c) of subdivision 1 and subdivisions 3, 4, and 5 as amended by section 37 of subpart B of part C of chapter 62 of the laws of 2011, paragraph (d) of subdivision 1 and subdivision 2-a as added by chapter 738 of the laws of 2004, subparagraph (ii) of paragraph (d) of subdivision 1 as amended by chapter 322 of the laws of 2021, subparagraph (iv) of paragraph (d) of subdivision 1 as separately amended by chapters 242 and 322 of the laws of 2021 and subdivision 2-b as added by section 3 of part E of chapter 62 of the laws of 2003, is amended to read as follows:

§ 803. Good behavior allowances against indeterminate and determinate sentences. 1. (a) Every person confined in an institution of the department or a facility in the department of mental hygiene serving an indeterminate or determinate sentence of imprisonment, except a person serving a sentence with a maximum term of life imprisonment, [may] shall receive a time allowance against the term or maximum term of [his or her] their sentence 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] shall be credited toward a person's sentence on an annual pro rata basis, and any credit awarded over the course of the calendar year shall vest on the final day of the calendar year. Once vested, such credit shall not be withheld, forfeited, or canceled.

(a-1) Time allowances that have not yet been credited toward a person's sentence may be withheld, forfeited or canceled in whole or in part for violation of institutional rules, as demonstrated at a hearing by a preponderance of the evidence. Such restrictions shall be limited to the pro rata share of credit within the calendar year that the offense is committed. If such time allowance is withheld, forfeited or canceled in whole or in part, further allowances, not to exceed the allowances set forth in paragraphs (b) and (c) of this subdivision, may be reinstated for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program. Following any final determination withholding, forfeiting, or canceling a time allowance, the incarcerated person shall have the right to take an administrative appeal to the central office of the department and shall be advised of the right to seek legal assistance in the taking of such appeal. The department shall adopt regulations in accordance with this provision.

(b) A person serving an indeterminate sentence of imprisonment [may] shall receive a time allowance against the maximum term of [his or her] their sentence [not to exceed one-third] of one-half of the maximum term imposed by the court.

(c) A person serving a determinate sentence of imprisonment [may] shall receive a time allowance against the term of [his or her] their sentence [not to exceed one-seventh] of one-half of the term imposed by the court.

(d) (i) [Except as provided in subparagraph (ii) of this paragraph, every] Every person under the custody of the department or confined in a facility in the department of mental hygiene serving an indeterminate sentence of imprisonment with a minimum period of one year or more or a determinate sentence of imprisonment of one year or more [imposed pursuant to section 70.70 or 70.71 of the penal law,] may earn a merit time allowance.

(ii) [Such merit time allowance shall not be available to any person serving an indeterminate sentence authorized for an A-I felony offense, other than an A-I felony offense defined in article two hundred twenty of the penal law, or any sentence imposed for a violent felony offense as defined in section 70.02 of the penal law, manslaughter in the second degree, vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, criminally negligent homicide, an offense defined in article one hundred thirty of the penal law, incest, or an offense defined in article two hundred sixty-three of the penal law, or aggravated harassment of an employee by an incarcerated individual.

(iii)] The merit time allowance credit against the minimum period of the indeterminate sentence shall be [one-sixth] one-half of the minimum period imposed by the court [except that such credit shall be one-third of the minimum period imposed by the court for an A-I felony offense defined in article two hundred twenty of the penal law]. In the case of such a determinate sentence, in addition to the time allowance credit authorized by paragraph (c) of this subdivision, the merit time allowance credited against the term of the determinate sentence pursuant to this paragraph shall be [one-seventh] one-quarter of the term imposed by the court.

[(iv)] (iii) Such merit time allowance [may] shall be granted when an incarcerated individual successfully participates in the work and treatment program assigned pursuant to section eight hundred five of this article [and], including but not limited to when such incarcerated individual obtains a general equivalency diploma, an alcohol and substance abuse treatment certificate, a vocational trade certificate [following at least six months of vocational programming], at least eighteen credits in a program registered by the state education department from a degree-granting higher education institution or performs at least four hundred hours of service as part of a community work crew, or successfully completes one or more "significant programmatic accomplishments" as defined in paragraph (c) of subdivision one of section eight hundred three-b of this article. The commissioner may designate additional programs and achievements for which merit time shall be granted. Once granted, such allowances shall not be withheld, forfeited, or cancelled. Where the institution in which the incarcerated individual is confined does not provide opportunities for every incarcerated individual to earn merit time allowances, such merit time allowance shall be automatically credited against the incarcerated individual's sentence according to subparagraph (ii) of this paragraph.

[Such allowance shall be withheld for any serious disciplinary infraction or upon a judicial determination that the person, while an incarcerated individual, commenced or continued a civil action, proceeding or claim that was found to be frivolous as defined in subdivision (c) of section eight thousand three hundred three-a of the civil practice law and rules, or an order of a federal court pursuant to rule 11 of the federal rules of civil procedure imposing sanctions in an action commenced by a person, while an incarcerated individual, against a state agency, officer or employee.

(v)] (iv) The provisions of this paragraph shall apply to persons in custody serving [an] a determinate or indeterminate sentence on the effective date of this paragraph as well as to persons sentenced to [an] a determinate or indeterminate sentence on and after the effective date of this paragraph [and prior to September first, two thousand five and to persons sentenced to a determinate sentence prior to September first, two thousand eleven for a felony as defined in article two hundred twenty or two hundred twenty-one of the penal law]. The time allowances set forth in this paragraph shall apply retroactively and shall be credited toward every incarcerated individual's sentence within ninety days of the chapter of the laws of two thousand twenty-five that amended this paragraph.

2. If a person is serving more than one sentence, the authorized allowances may be granted separately against the term or maximum term of each sentence or, where consecutive sentences are involved, against the aggregate maximum term. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run concurrently [may] shall receive a time allowance [not to exceed onethird] of one-half of the indeterminate sentence which has the longest unexpired time to run.

(b) A person serving two or more indeterminate sentences which run consecutively [may] shall receive a time allowance [not to exceed onethird] of one-half of the aggregate maximum term.

(c) A person serving two or more determinate sentences which run concurrently [may] shall receive a time allowance [not to exceed oneseventh] of one-half of the determinate sentence which has the longest unexpired time to run.

(d) A person serving two or more determinate sentences which run consecutively [may] shall receive a time allowance [not to exceed oneseventh] of one-half of the aggregate maximum term.

(e) A person serving one or more indeterminate sentence and one or more determinate sentence which run concurrently [may] shall receive a time allowance [not to exceed one-third] of one-half of the indeterminate sentence which has the longest unexpired term to run or [one-seventh] one-half of the determinate sentence which has the longest unexpired time to run, whichever allowance is greater.

(f) A person serving one or more indeterminate sentence and one or more determinate sentence which run consecutively [may] shall receive a time allowance [not to exceed] of the sum of [one-third] one-half of the maximum or aggregate maximum of the indeterminate sentence or sentences and [one-seventh] one-half of the term or aggregate maximum of the determinate sentence or sentences.

2-a. If a person is serving more than one sentence, the authorized merit time allowances may be granted against the period or aggregate minimum period of the indeterminate sentence or sentences, or against the term or aggregate term of the determinate sentence or sentences, or where consecutive determinate and indeterminate sentences are involved, against the aggregate minimum period as calculated pursuant to subparagraph (iv) of paragraph (a) of subdivision one of section 70.40 of the penal law. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run concurrently may receive a merit time allowance not to exceed [onesixth] one-half of the minimum period of the indeterminate sentence imposed [for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, or one-third of the minimum period of the indeterminate sentence imposed for an A-I felony offense defined in article two hundred twenty of the penal law, whichever allowance results in the longest unexpired time to run] by the court.

(b) A person serving two or more indeterminate sentences which run consecutively may receive a merit time allowance not to exceed the amount of [one-third] one-half of the minimum or aggregate minimum period of the sentences imposed [for an A-I felony offense defined in article two hundred twenty of the penal law, plus one-sixth of the minimum or aggregate minimum period of the sentences imposed for an offense other than such A-I felony offense] by the court.