BILL NUMBER: S3974A
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the correction law, in relation to failure to complete a
program for time allowances due to circumstances beyond an individual's
control
 
PURPOSE:
To waive the requirement that incarcerated individuals complete certain
programs if such failure to complete is due to circumstances beyond
their control.
 
SUMMARY OF PROVISIONS:
Sections 1 and 2 amend Correction Law § 803(1) (a).
Sections 3 and 4 amend Correction Law § 803(1)(d)(iv).
Section 5 amends Correction Law § 804(1). Sections 6 and 7 amend
Correction Law § 805. Section 8 amends Correction Law § 806(5).
Section 9 provides an effective date.
 
JUSTIFICATION:
In order to be considered for early release from prison, incarcerated
people have to complete programs mandated by DOCCS. For example, a
person with a drug or alcohol problem will have to take the six-month
alcohol and substance abuse treatment program in prison. Someone with a
violent crime might have to take the anger replacement therapy program.
People who are released from prison on their merit dates go out to
community supervision, where they frequently take other mandated
programs similar to the ones they took while they were inside. At the
time this bill was written, the COVID-19 pandemic has stopped all
programs at DOCCS, because civilian staff are not being allowed in and
the prisons are on lock down. It is likely that there will be six month
a with no programming at DOCCS, meaning that people who would otherwise
be released on their merit dates will be held longer until they have a
chance to complete their programs. At other times, people are not able
to take or complete programs because a teacher gets sick or retires,
because the division of budget has not approved a replacement for a
missing instructor or because there is a long waiting list for a program
like the drug treatment program. This bill would make it clear that when
people fail to complete required programs because of circumstances
beyond their control, they should still be released from prison at their
merit dates. DOCCS can simply require them to take the missing program
while on community supervision as a requirement of such supervision.
People needing drug treatment can go to drug treatment programs in the
community and their participation in such programs can be monitored by
their parole officers. Right now, while an epidemic is raging behind
bars, it makes no sense to keep people in prison longer when they are
already scheduled for release and can safely be sent home.
 
LEGISLATIVE HISTORY:
S.3974 of 2025; Passed Senate; died in Assembly
S.1970 of 2023-2024; Referred to Correction
S. 2776-A of 2021-22: Referred to Crime Victims, Crime, and Correction
S. 8499 of 2020: Referred to Rules
 
FISCAL IMPLICATIONS:
Undetermined
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S3974: 803 correction law, 803(1) correction law, 804 correction law, 804(1) correction law, 805 correction law, 806 correction law, 806(5) correction law
S3974A: 803 correction law, 803(1) correction law, 804 correction law, 804(1) correction law, 805 correction law, 806 correction law, 806(5) correction law