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 and repeals provisions relating to the allowance of limited credit time for inmates.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3351
SPONSOR: Aubry (MS) 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, the executive law, in relation
to merit time, and to repeal section 803-b of the correction law relat-
ing to limited credit time allowances
PURPOSE OR GENERAL IDEA OF BILL:
To expand eligibility in the merit time allowance program.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 803 of the correction law to allow
all inmates, except those serving a sentence of life imprisonment with-
out parole, murder in the first degree, incest, an offense defined in
article two hundred sixty-three of the penal law, an act of terrorism,
aggravated harassment of an employee by an inmate, or an attempt or
conspiracy to commit any such offense, to earn merit time Allowance.
The merit time allowance would be one-sixth of an indeterminate and
one-seventh of a determinate sentence. This section of the bill also
expands the criteria that a person in the custody of the Department of
Correctional Services (DOCS) may meet in order to earn merit time.
Section 2, 3, and 4 of the bill are conforming changes.
Sections 3 through 7 make technical changes to avoid unintended automat-
ic repeal of merit time eligibility for certain offenders
Section 8 makes a conforming change in the Executive Law. Section 10 of
the bill is 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% return for 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 offen-
ders 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. But 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 Services estimates that the Merit Time program
has saved the State nearly $384 million dollars over the course often
years by graduating people those 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.
PRIOR LEGISLATIVE HISTORY:
Senate: Passed Senate Committee on Crime Victims, Crime and Correction
in 2010; Referred to Senate Codes Committee
Assembly: Referred to Assembly Committee on Correction A.154 was
referred to correction in 2011 and reported referred to codes in 2012.
A.4198 referred to codes in 2013 and referred to correction in 2014.
A.2461 was referred to codes on 01/06/2015 and was held for consider-
ation in codes on 06/06/2016.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
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: (i) 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.
