Relates to conditional release for eligible offenders who complete post-secondary degrees or programs; provides release twelve months before the completion of the controlling minimum period of imprisonment for eligible offenders who complete post-secondary degrees or programs.
STATE OF NEW YORK
________________________________________________________________________
4888
2023-2024 Regular Sessions
IN ASSEMBLY
February 24, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to conditional release
for eligible offenders who complete post-secondary degrees or programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) and clause A of subparagraph (ii) of para-
2 graph (b) of subdivision 1 of section 803-b of the correction law,
3 subparagraph (i) as added by section 4 of part L of chapter 56 of the
4 laws of 2009, and clause (A) of subparagraph (ii) as amended by chapter
5 322 of the laws of 2021, are amended to read as follows:
6 (i) in the case of an eligible offender who is subject to an indeter-
7 minate sentence with a maximum term of life imprisonment, such offender
8 shall be eligible for release six months before the completion of the
9 controlling minimum period of imprisonment as defined by subdivision one
10 of section 70.40 of the penal law, except that such offender shall be
11 eligible for release twelve months before the completion of the
12 controlling minimum period of imprisonment as defined by subdivi-
13 sion one of section 70.40 of the penal law for each successive signif-
14 icant programmatic accomplishment as defined in subparagraph (ii) of
15 paragraph (c) of this subdivision; or
16 (A) in the case of an eligible offender who is not subject to an inde-
17 terminate sentence with a maximum term of life imprisonment, such offen-
18 der shall be eligible for conditional release six months earlier than as
19 provided by paragraph (b) of subdivision one of section 70.40 of the
20 penal law, provided that the department determines such offender has
21 earned the full amount of good time authorized by section eight hundred
22 three of this article, except that such offender shall be eligible for
23 release twelve months before the completion of the controlling
24 minimum period of imprisonment as defined by subdivision one of
25 section 70.40 of the penal law for each successive significant program-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07084-01-3
A. 4888 2
1 matic accomplishment as defined in subparagraph (ii) of paragraph (c) of
2 this subdivision; the withholding of any good behavior time credit by
3 the department shall render an incarcerated individual ineligible for
4 the credit defined herein;
5 § 2. This act shall take effect on the ninetieth day after it shall
6 have become a law.
