Relates to the allocation of jail time credit; provides that when a person is subject to an undischarged term of imprisonment or post-release supervision following parole release, presumptive release or conditional release from an indeterminate sentence, or conditional release or maximum expiration of a determinate sentence, and is held in pre-trial custody on a new charge or charges that culminate in an indeterminate or determinate term of imprisonment, the time spent in pre-trial custody shall be credited as jail time.
STATE OF NEW YORK
________________________________________________________________________
7718
2021-2022 Regular Sessions
IN ASSEMBLY
May 20, 2021
___________
Introduced by M. of A. BURGOS -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the penal law in relation to the allocation of jail time
credit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 70.30 of the penal law, as amended
2 by chapter 3 of the laws of 1995, the opening paragraph as amended by
3 chapter 1 of the laws of 1998, is amended to read as follows:
4 3. Jail time. The term of a definite sentence, a determinate sentence,
5 or the maximum term of an indeterminate sentence imposed on a person
6 shall be credited with and diminished by the amount of time the person
7 spent in custody prior to the commencement of such sentence as a result
8 of the charge that culminated in the sentence. In the case of an inde-
9 terminate sentence, if the minimum period of imprisonment has been fixed
10 by the court or by the board of parole, the credit shall also be applied
11 against the minimum period. The credit herein provided shall be calcu-
12 lated from the date custody under the charge commenced to the date the
13 sentence commences and shall not include any time that is credited
14 against the term or maximum term of any previously imposed sentence or
15 period of post-release supervision to which the person is subject;
16 provided however that when a person is subject to an undischarged term
17 of imprisonment or post-release supervision following parole release,
18 presumptive release or conditional release from an indeterminate
19 sentence, or conditional release or maximum expiration of a determinate
20 sentence, and is held in pre-trial custody in a local correctional
21 facility on a new charge or charges that culminate in an indeterminate
22 or determinate term of imprisonment, the time spent in pre-trial custody
23 in a local correctional facility on such charge or charges, from the
24 date custody commenced to the date of commencement of the subsequently
25 imposed indeterminate or determinate sentence, shall be credited as jail
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09924-01-1
A. 7718 2
1 time, and provided further, that when jail time is credited in such
2 manner the time spent in pre-trial custody shall not be credited to the
3 previously imposed sentence to which the person is subject. Where the
4 charge or charges culminate in more than one sentence, the credit shall
5 be applied as follows:
6 (a) If the sentences run concurrently, the credit shall be applied
7 against each such sentence;
8 (b) If the sentences run consecutively, the credit shall be applied
9 against the aggregate term or aggregate maximum term of the sentences
10 and against the aggregate minimum period of imprisonment.
11 In any case where a person has been in custody due to a charge that
12 culminated in a dismissal or an acquittal, the amount of time that would
13 have been credited against a sentence for such charge, had one been
14 imposed, shall be credited against any sentence that is based on a
15 charge for which a warrant or commitment was lodged during the pendency
16 of such custody.
17 § 2. Subdivision 3 of section 70.30 of the penal law, as amended by
18 chapter 648 of the laws of 1979, the opening paragraph as separately
19 amended by chapter 1 of the laws of 1998, is amended to read as follows:
20 3. Jail time. The term of a definite sentence or the maximum term of
21 an indeterminate sentence imposed on a person shall be credited with and
22 diminished by the amount of time the person spent in custody prior to
23 the commencement of such sentence as a result of the charge that culmi-
24 nated in the sentence. In the case of an indeterminate sentence, if the
25 minimum period of imprisonment has been fixed by the court or by the
26 board of parole, the credit shall also be applied against the minimum
27 period. The credit herein provided shall be calculated from the date
28 custody under the charge commenced to the date the sentence commences
29 and shall not include any time that is credited against the term or
30 maximum term of any previously imposed sentence or period of post-re-
31 lease supervision to which the person is subject; provided however that
32 when a person is subject to an undischarged term of imprisonment or
33 post-release supervision following parole release, presumptive release
34 or conditional release from an indeterminate sentence, or conditional
35 release or maximum expiration of a determinate sentence, and is held in
36 pre-trial custody in a local correctional facility on a new charge or
37 charges that culminate in an indeterminate or determinate term of impri-
38 sonment, the time spent in pre-trial custody in a local correctional
39 facility on such charge or charges, from the date custody commenced to
40 the date of commencement of the subsequently imposed indeterminate or
41 determinate sentence, shall be credited as jail time, and provided
42 further, that when jail time is credited in such manner the time spent
43 in pre-trial custody shall not be credited to the previously imposed
44 sentence to which the person is subject. Where the charge or charges
45 culminate in more than one sentence, the credit shall be applied as
46 follows:
47 (a) If the sentences run concurrently, the credit shall be applied
48 against each such sentence;
49 (b) If the sentences run consecutively, the credit shall be applied
50 against the aggregate term or aggregate maximum term of the sentences
51 and against the aggregate minimum period of imprisonment.
52 In any case where a person has been in custody due to a charge that
53 culminated in a dismissal or an acquittal, the amount of time that would
54 have been credited against a sentence for such charge, had one been
55 imposed, shall be credited against any sentence that is based on a
A. 7718 3
1 charge for which a warrant or commitment was lodged during the pendency
2 of such custody.
3 § 3. This act shall take effect immediately and shall apply to any
4 person subject to an undischarged term of imprisonment or post-release
5 supervision following parole release, presumptive release or conditional
6 release from an indeterminate sentence, conditional release or maximum
7 expiration of a determinate sentence on or after the date this act takes
8 effect; provided that the amendments to subdivision 3 of section 70.30
9 of the penal law made by section one of this act shall be subject to the
10 expiration and reversion of such subdivision pursuant to subdivision d
11 of section 74 of chapter 3 of the laws of 1995, as amended, when upon
12 such date the provisions of section two of this act shall take effect.
