New York State Assembly

 
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A03078 Summary:

A03078 Actions:

A03078 Committee Votes:

Committee:CORRECTION   Chair:Weprin      
DATE:02/10/2021AYE/NAY:12/0  Action: Favorable         
Weprin
Aye
Giglio
Aye
Colton
Aye
Palmesano
Aye
Rozic
Aye
Walczyk
Aye
Davila
Excused
Walker
Aye
De La Rosa
Aye
Quart
Aye
Burgos
Aye
Burdick
Aye
Kelles
Aye

A03078 Floor Votes:

A03078 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3078
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by  M.  of  A. EPSTEIN, SAYEGH, CRUZ, LAVINE, TAYLOR, SIMON,
          GOTTFRIED, L. ROSENTHAL, REYES, COOK, BARRON, QUART, SEAWRIGHT, WEPRIN
          -- read once and referred to the Committee on 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.
    21    § 2. Subparagraph (iv) of paragraph (d) of subdivision  1  of  section
    22  803  of  the  correction law, as added by section 10-a of chapter 738 of
    23  the laws of 2004, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02464-01-1
        A. 3078                             2
 
     1    (iv) Such merit time allowance may be granted when an inmate  success-
     2  fully  participates  in the work and treatment program assigned pursuant
     3  to section eight hundred five of  this  article  and  when  such  inmate
     4  obtains  a  general  equivalency diploma, an alcohol and substance abuse
     5  treatment certificate, a vocational trade certificate following at least
     6  six  months  of  vocational  programming, at least eighteen credits in a
     7  program registered by the state  education  department  from  a  degree-
     8  granting  higher education institution or performs at least four hundred
     9  hours of service as part of a community work crew.
    10    Such allowance shall be withheld for any serious disciplinary  infrac-
    11  tion  or upon a judicial determination that the person, while an inmate,
    12  commenced or continued a civil action,  proceeding  or  claim  that  was
    13  found  to  be  frivolous  as defined in subdivision (c) of section eight
    14  thousand three hundred three-a of the civil practice law and  rules,  or
    15  an  order of a federal court pursuant to rule 11 of the federal rules of
    16  civil procedure imposing sanctions in an action commenced by  a  person,
    17  while an inmate, against a state agency, officer or employee.
    18    §  3. This act shall take effect immediately, provided that the amend-
    19  ments to subparagraph (iv) of paragraph (d) of subdivision 1 of  section
    20  803  of  the  correction  law  made  by section one of this act shall be
    21  subject to the expiration and reversion  of  such  section  pursuant  to
    22  section  74 of chapter 3 of the laws of 1995, as amended, when upon such
    23  date the provisions of section two of this act shall take effect.