Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L
Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3110
SPONSOR: Dilan TITLE OF BILL:
An act to amend the correction law, chapter 738 of the laws of 2004
amending the correction law and other laws relating to controlled
substances and indeterminate sentences, and the executive law, in
relation to expanding eligibility in the merit time allowance program
for all incarcerated individuals except those serving a sentence of life
imprisonment without parole, murder in the first degree, incest, an act
of terrorism, aggravated harassment of an employee by an incarcerated
individual, or an attempt or conspiracy to commit any such offense, to
earn merit time allowance; and to repeal section 803-b of the correction
law relating to limited credit time allowances
PURPOSE:
The purpose of this legislation is to expand eligibility in the merit
time allowance program.
SUMMARY OF PROVISIONS:
Section 1: Amends subparagraphs (i), (ii) and (iv) of paragraph (d) of
subdivision 1 of section 803 of the correction law, subparagraph (i) as
added by section 7 of chapter 738 of the laws of 2004, subparagraphs
(ii) and (iv) as amended by section 224 of chapter 322 of the laws of
2021 and subparagraph (iv) as separately amended by section 1 of chapter
242 of the laws of 2021.
Section 2: Amends subparagraphs (i), (ii) and (iv) of paragraph (d) of
subdivision 1 of section 803 of the correction law, subparagraph (i) as
added by section 10-a of chapter 738 of the laws of 2004, subparagraphs
(ii) and (iv) as amended by section 224-a of chapter 322 of the laws of
2021 and subparagraph (iv) as separately amended by section 2 of chapter
242 of the laws of 2021.
Section 3: Amends subparagraph (v) of paragraph (d) of subdivision 1 of
section 803 of the correction law, as added by section 7 of chapter 738
of the laws of 2004.
Section 4: Amends subparagraph (v) of paragraph (d) of subdivision 1 of
section 803 of the correction law, as added by section 10-a of chapter
738 of the laws of 2004.
Section 5: Amends paragraph (g) of subdivision 2-a of section 803 of the
correction law, as added by section 9 of chapter 738 of the laws of
2004.
Section 6: Amends paragraph (g) of subdivision 2-a of section 803 of the
correction law, as added by section 11 of chapter 738 of the laws of
2004.
Section 7: Repeals section 803-b of the correction law.
Section 8: Amends subdivision (c-1) of section 41 of chapter 738 of the
laws of 2004 amending the correction law and other laws relating to
controlled substances and indeterminate sentences.
Section 9: Amends clause (C) of subparagraph (i) of paragraph (e) of
subdivision 1 of section 632-a of the executive law, as amended by
section 24 of part A-1 of chapter 56 of the laws of 2010.
Section 10: Sets forth 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. Specif-
ically, the program improves discipline within prison, enables the
Parole Board to make better evaluations of an inmate's ability to rein-
tegrate 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%
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.
However, 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 rein-
tegrated into the community, it is well worth allowing them to partic-
ipate 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 abili-
ty 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 facili-
tates 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 incar-
cerated, 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 offen-
ders, 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 and Community Supervision estimates that the
Merit Time program has saved the State nearly $384 million dollars by
graduating people 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 safe-
ly, 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 participat-
ing 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 adjust-
ment. 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.
LEGISLATIVE HISTORY:
2021-2022: Referred to Correction in 2021 and Referred to Correction in
2022.
2019-2020: Referred to Codes in 2019 and Referred to Codes in 2020.
2017-2018: Referred to Correction in 2017 and Referred to Correction in
2018.
2015-2016: Referred to Codes in 2015 and Referred to Codes in 2016.
FISCAL IMPLICATIONS:
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:
This act shall take effect on the ninetieth day after it shall have
become law and shall apply to: (1) persons in custody serving an inde-
terminate or determinate sentence or sentences on the effective date;
(ii) persons sentenced to an indeterminate or determinate sentence or
sentences on or after the effective date; and (iii) persons who have not
completed service of an indeterminate or determinate sentence or
sentences imposed prior to the effective date; provided, however, that
the amendments to section 803 of the correction law made by sections
one, three, and five of this act shall be subject to the expiration and
reversion of such section pursuant to subdivision d of section 74 of
chapter 3 of laws of 1995 as amended, when upon such date the provisions
of sections two, four and six of this act shall take effect.
STATE OF NEW YORK
________________________________________________________________________
3110
2025-2026 Regular Sessions
IN ASSEMBLY
January 23, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law, chapter 738 of the laws of 2004
amending the correction law and other laws relating to controlled
substances and indeterminate sentences, and the executive law, in
relation to expanding eligibility in the merit time allowance program
for all incarcerated individuals except those serving a sentence of
life imprisonment without parole, murder in the first degree, incest,
an act of terrorism, aggravated harassment of an employee by an incar-
cerated individual, or an attempt or conspiracy to commit any such
offense, to earn merit time allowance; and to repeal section 803-b of
the correction law relating to limited credit time allowances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
2 vision 1 of section 803 of the correction law, subparagraph (i) as added
3 by section 7 of chapter 738 of the laws of 2004, subparagraphs (ii) and
4 (iv) as amended by section 224 of chapter 322 of the laws of 2021 and
5 subparagraph (iv) as separately amended by section 1 of chapter 242 of
6 the laws of 2021, are amended to read as follows:
7 (i) Except as provided in subparagraph (ii) of this paragraph, every
8 person under the custody of the department or confined in a facility in
9 the department of mental hygiene serving an indeterminate sentence of
10 imprisonment with a minimum period of one year or more or a determinate
11 sentence of imprisonment of one year or more [imposed pursuant to
12 section 70.70 or 70.71 of the penal law,] may earn a merit time allow-
13 ance.
14 (ii) Such merit time allowance shall not be available to any person
15 serving [an indeterminate] a sentence [authorized for an A-I felony
16 offense, other than an A-I felony offense defined in article two hundred
17 twenty of the penal law, or any sentence imposed for a violent felony
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06378-01-5
A. 3110 2
1 offense as defined in section 70.02 of the penal law, manslaughter in
2 the second degree, vehicular manslaughter in the second degree, vehicu-
3 lar manslaughter in the first degree, criminally negligent homicide]
4 imposed for murder in the first degree as defined in section 125.27 of
5 the penal law, an offense defined in article one hundred thirty of the
6 penal law, incest, [or] an offense defined in article two hundred
7 sixty-three of the penal law, [or] an act of terrorism as defined in
8 article four hundred ninety of the penal law, aggravated harassment of
9 an employee by an incarcerated individual, or an attempt or conspiracy
10 to commit any such offense.
11 (iv) Such merit time allowance may be granted when an incarcerated
12 individual successfully participates in the work and treatment program
13 assigned pursuant to section eight hundred five of this article and when
14 such incarcerated individual [obtains a] achieves one of the following:
15 (1) completes their general equivalency diploma, their educational
16 requirements as determined by the department or satisfactorily completes
17 coursework sponsored by an institution of higher learning representing a
18 semester of academic training; (2) completes an alcohol and substance
19 abuse treatment [certificate, a vocational trade certificate following
20 at least six months of vocational programming,] program, or completes a
21 comparable program of a different type as determined by the department,
22 including, but not limited to, anger management, family violence, or
23 parenting; (3) completes a vocational training program or a comparable
24 and equivalent training program as determined by the department; (4)
25 performs satisfactorily for at least six months in a skilled job assign-
26 ment, including but not limited to, Incarcerated Individual Program Aide
27 (IIPA), law library clerk, medical/infirmary aide, children's center
28 aide, and food service worker; (5) completes at least eighteen credits
29 in a program registered by the state education department from a
30 degree-granting higher education institution; or (6) performs at least
31 four hundred hours of service as part of a community work crew.
32 Such allowance shall be withheld for any serious disciplinary infrac-
33 tion or upon a judicial determination that the person, while an incar-
34 cerated individual, commenced or continued a civil action, proceeding or
35 claim that was found to be frivolous as defined in subdivision (c) of
36 section eight thousand three hundred three-a of the civil practice law
37 and rules, or an order of a federal court pursuant to rule 11 of the
38 federal rules of civil procedure imposing sanctions in an action
39 commenced by a person, while an incarcerated individual, against a state
40 agency, officer or employee.
41 § 2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdivision
42 1 of section 803 of the correction law, subparagraph (i) as added by
43 section 10-a of chapter 738 of the laws of 2004, subparagraphs (ii) and
44 (iv) as amended by section 224-a of chapter 322 of the laws of 2021 and
45 subparagraph (iv) as separately amended by section 2 of chapter 242 of
46 the laws of 2021, are amended to read as follows:
47 (i) Except as provided in subparagraph (ii) of this paragraph, every
48 person under the custody of the department or confined in a facility in
49 the department of mental hygiene serving an indeterminate sentence of
50 imprisonment with a minimum period of one year or more or a determinate
51 sentence of imprisonment of one year or more [imposed pursuant to
52 section 70.70 or 70.71 of the penal law,] may earn a merit time allow-
53 ance.
54 (ii) Such merit time allowance shall not be available to any person
55 serving [an indeterminate] a sentence [authorized for an A-I felony
56 offense, other than an A-I felony offense defined in article two hundred
A. 3110 3
1 twenty of the penal law, or any sentence imposed for a violent felony
2 offense as defined in section 70.02 of the penal law, manslaughter in
3 the second degree, vehicular manslaughter in the second degree, vehicu-
4 lar manslaughter in the first degree, criminally negligent homicide]
5 imposed for murder in the first degree as defined in section 125.27 of
6 the penal law, an offense defined in article one hundred thirty of the
7 penal law, incest, [or] an offense defined in article two hundred
8 sixty-three of the penal law, [or] an act of terrorism as defined in
9 article four hundred ninety of the penal law, aggravated harassment of
10 an employee by an incarcerated individual, or an attempt or conspiracy
11 to commit any such offense.
12 (iv) Such merit time allowance may be granted when an incarcerated
13 individual successfully participates in the work and treatment program
14 assigned pursuant to section eight hundred five of this article and when
15 such incarcerated individual [obtains a] achieves one of the following:
16 (1) completes their general equivalency diploma, their educational
17 requirements as determined by the department or satisfactorily completes
18 coursework sponsored by an institution of higher learning representing a
19 semester of academic training; (2) completes an alcohol and substance
20 abuse treatment [certificate, a vocational trade certificate following
21 at least six months of vocational programming,] program, or completes a
22 comparable program of a different type as determined by the department,
23 including, but not limited to, anger management, family violence, or
24 parenting; (3) completes a vocational training program or a comparable
25 and equivalent training program as determined by the department; (4)
26 performs satisfactorily for at least six months in a skilled job assign-
27 ment, including but not limited to, Incarcerated Individual Program Aide
28 (IIPA), law library clerk, medical/infirmary aide, children's center
29 aide, and food service worker; (5) completes at least eighteen credits
30 in a program registered by the state education department from a
31 degree-granting higher education institution; or (6) performs at least
32 four hundred hours of service as part of a community work crew.
33 Such allowance shall be withheld for any serious disciplinary infrac-
34 tion or upon a judicial determination that the person, while an incar-
35 cerated individual, commenced or continued a civil action, proceeding or
36 claim that was found to be frivolous as defined in subdivision (c) of
37 section eight thousand three hundred three-a of the civil practice law
38 and rules, or an order of a federal court pursuant to rule 11 of the
39 federal rules of civil procedure imposing sanctions in an action
40 commenced by a person, while an incarcerated individual, against a state
41 agency, officer or employee.
42 § 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
43 of the correction law, as added by section 7 of chapter 738 of the laws
44 of 2004, is amended to read as follows:
45 (v) The provisions of this paragraph shall apply to persons in custody
46 serving an indeterminate sentence on the effective date of this para-
47 graph as well as to persons sentenced to an indeterminate sentence on
48 and after the effective date of this paragraph and prior to September
49 first, two thousand five and to persons sentenced to a determinate
50 sentence [prior to September first, two thousand eleven] for a felony as
51 defined in article two hundred twenty or two hundred twenty-one of the
52 penal law.
53 § 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803
54 of the correction law, as added by section 10-a of chapter 738 of the
55 laws of 2004, is amended to read as follows:
A. 3110 4
1 (v) The provisions of this paragraph shall apply to persons in custody
2 serving an indeterminate sentence on the effective date of this para-
3 graph as well as to persons sentenced to an indeterminate sentence on
4 and after the effective date of this paragraph and prior to September
5 first, two thousand five and to persons sentenced to a determinate
6 sentence [prior to September first, two thousand eleven] for a felony as
7 defined in article two hundred twenty or two hundred twenty-one of the
8 penal law.
9 § 5. Paragraph (g) of subdivision 2-a of section 803 of the correction
10 law, as added by section 9 of chapter 738 of the laws of 2004, is
11 amended to read as follows:
12 (g) The provisions of this subdivision shall apply to persons in
13 custody serving an indeterminate sentence on the effective date of this
14 subdivision as well as to persons sentenced to an indeterminate sentence
15 on and after the effective date of this subdivision and prior to Septem-
16 ber first, two thousand five and to persons sentenced to a determinate
17 sentence [prior to September first, two thousand eleven] for a felony as
18 defined in article two hundred twenty or two hundred twenty-one of the
19 penal law.
20 § 6. Paragraph (g) of subdivision 2-a of section 803 of the correction
21 law, as added by section 11 of chapter 738 of the laws of 2004, is
22 amended to read as follows:
23 (g) The provisions of this subdivision shall apply to persons in
24 custody serving an indeterminate sentence on the effective date of this
25 subdivision as well as to persons sentenced to an indeterminate sentence
26 on and after the effective date of this subdivision and prior to Septem-
27 ber first, two thousand five and to persons sentenced to a determinate
28 sentence [prior to September first, two thousand eleven] for a felony as
29 defined in article two hundred twenty or two hundred twenty-one of the
30 penal law.
31 § 7. Section 803-b of the correction law is REPEALED.
32 § 8. Subdivision (c-1) of section 41 of chapter 738 of the laws of
33 2004 amending the correction law and other laws relating to controlled
34 substances and indeterminate sentences, is amended to read as follows:
35 (c-1) the provisions of sections seven, eight, nine, ten and ten-a of
36 this act, and subdivision 2-a of section 803 of the correction law, as
37 added by section eleven of this act shall apply to persons in custody
38 serving an indeterminate sentence on the effective date of such
39 provisions as well as to persons sentenced to an indeterminate sentence
40 on and after the effective date of such provisions and prior to Septem-
41 ber 1, 2005 and to persons sentenced to a determinate sentence [prior to
42 September 1, 2011] for a felony as defined in article 220 or 221 of the
43 penal law;
44 § 9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1
45 of section 632-a of the executive law, as amended by section 24 of part
46 A-1 of chapter 56 of the laws of 2010, is amended to read as follows:
47 (C) [an offense for which a merit time allowance may not be received
48 against the sentence pursuant to paragraph (d) of subdivision one of
49 section eight hundred three of the correction law] an A-I felony
50 offense, other than an A-I felony offense defined in article two hundred
51 twenty of the penal law, manslaughter in the second degree, vehicular
52 manslaughter in the second degree, vehicular manslaughter in the first
53 degree, criminally negligent homicide, an offense defined in article one
54 hundred thirty of the penal law, incest, an offense defined in article
55 two hundred sixty-three of the penal law, aggravated harassment of an
56 employee by an incarcerated individual;
A. 3110 5
1 § 10. This act shall take effect on the ninetieth day after it shall
2 have become a law and shall apply to: (i) persons in custody serving an
3 indeterminate or determinate sentence or sentences on the effective
4 date; (ii) persons sentenced to an indeterminate or determinate sentence
5 or sentences on or after the effective date; and (iii) persons who have
6 not completed service of an indeterminate or determinate sentence or
7 sentences imposed prior to the effective date; provided, however, that
8 the amendments to section 803 of the correction law made by sections
9 one, three, and five of this act shall be subject to the expiration and
10 reversion of such section pursuant to subdivision d of section 74 of
11 chapter 3 of the laws of 1995, as amended, when upon such date the
12 provisions of sections two, four and six of this act shall take effect.
