Includes earning at least eighteen credits from a program registered by the state education department from a degree-granting higher education institution as a condition on which the merit board may grant merit time.
STATE OF NEW YORK
________________________________________________________________________
261
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. MYRIE, BAILEY, BENJAMIN, COMRIE, FELDER, GIANARIS,
HOYLMAN, JACKSON, KAVANAGH, KRUEGER, MAY, MAYER, RIVERA, SALAZAR,
SEPULVEDA, STAVISKY -- read twice and ordered printed, and when print-
ed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to including credits
earned from a higher education institution as a condition on which the
merit board may grant merit time
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (iv) of paragraph (d) of subdivision 1 of
2 section 803 of the correction law, as added by section 7 of chapter 738
3 of the laws of 2004, is amended to read as follows:
4 (iv) Such merit time allowance may be granted when an inmate success-
5 fully participates in the work and treatment program assigned pursuant
6 to section eight hundred five of this article and when such inmate
7 obtains a general equivalency diploma, an alcohol and substance abuse
8 treatment certificate, a vocational trade certificate following at least
9 six months of vocational programming, at least eighteen credits in a
10 program registered by the state education department from a degree-
11 granting higher education institution or performs at least four hundred
12 hours of service as part of a community work crew.
13 Such allowance shall be withheld for any serious disciplinary infrac-
14 tion or upon a judicial determination that the person, while an inmate,
15 commenced or continued a civil action, proceeding or claim that was
16 found to be frivolous as defined in subdivision (c) of section eight
17 thousand three hundred three-a of the civil practice law and rules, or
18 an order of a federal court pursuant to rule 11 of the federal rules of
19 civil procedure imposing sanctions in an action commenced by a person,
20 while an inmate, against a state agency, officer or employee.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02464-01-1
S. 261 2
1 § 2. Subparagraph (iv) of paragraph (d) of subdivision 1 of section
2 803 of the correction law, as added by section 10-a of chapter 738 of
3 the laws of 2004, is amended to read as follows:
4 (iv) Such merit time allowance may be granted when an inmate success-
5 fully participates in the work and treatment program assigned pursuant
6 to section eight hundred five of this article and when such inmate
7 obtains a general equivalency diploma, an alcohol and substance abuse
8 treatment certificate, a vocational trade certificate following at least
9 six months of vocational programming, at least eighteen credits in a
10 program registered by the state education department from a degree-
11 granting higher education institution or performs at least four hundred
12 hours of service as part of a community work crew.
13 Such allowance shall be withheld for any serious disciplinary infrac-
14 tion or upon a judicial determination that the person, while an inmate,
15 commenced or continued a civil action, proceeding or claim that was
16 found to be frivolous as defined in subdivision (c) of section eight
17 thousand three hundred three-a of the civil practice law and rules, or
18 an order of a federal court pursuant to rule 11 of the federal rules of
19 civil procedure imposing sanctions in an action commenced by a person,
20 while an inmate, against a state agency, officer or employee.
21 § 3. This act shall take effect immediately, provided that the amend-
22 ments to subparagraph (iv) of paragraph (d) of subdivision 1 of section
23 803 of the correction law made by section one of this act shall be
24 subject to the expiration and reversion of such section pursuant to
25 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
26 date the provisions of section two of this act shall take effect.
