BILL NUMBER: S774
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the correction law and the penal law, in relation to the
early release of incarcerated individuals
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 establishes that this act shall be known and may be cited as
the "earned time act."
Section 2 amends the Correction Law by adding a new § 802. The section
requires the Department of Corrections and Community Supervision
("DOCCS") to report annually to the governor and legislature regarding
withheld, forfeited, or canceled time allowance credit. The report shall
include the name, department identification number and race of each
incarcerated individual denied credit, the amount of credit involved,
the reasons for the denial, the department facility in which the recom-
mendation to withhold, forfeit or cancel credits was made, and the names
of the department personnel who made such a recommendation.
Section 3 amends Correction Law § 803 to make good behavior time allow-
ances vest at the end of each calendar year, after which such credit
cannot be withheld, forfeited, or canceled. This section requires DOCCS
to demonstrate at a hearing by a preponderance of the evidence that a
person violated institutional rules in order for time allowances not yet
vested to be withheld, forfeited, or canceled, and allows for the subse-
quent reinstatement of good time allowance credit for good behavior or
progress or achievement in an assigned treatment program. This section
further provides that, following any final determination withholding a
time allowance, the incarcerated person has the right to take an admin-
istrative appeal and the right to legal assistance in taking the appeal.
Section 3 also amends Correction Law § 803 to increase the good time
allowance credit to one-half of the maximum term imposed by the court
for those serving indeterminate sentences, and to one-half of the term
for those serving determinate sentences.
Section 3 also expands those eligible for merit time to all persons,
regardless of offense. It increases the merit time allowance credit to
one-half of the minimum term imposed by the court for those serving
indeterminate sentences, and one-quarter of the term for those serving
determinate sentences. It provides merit time credit for additional
programmatic opportunities, and where an institution does not provide
opportunities to earn merit time allowances, merit time is automatically
credited. Section 3 requires that these merit time allowances shall
apply retroactively and shall be credited toward every incarcerated
individual's sentence within ninety days of the chapter of the laws of
two thousand twenty-two
Section 4 amends Correction Law § 804 to apply the changes to good
behavior time allowances outlined in Section 2 to those serving definite
sentences.
Section 5 amends Correction Law § 804-a to apply the changes to good
behavior time allowances outlined in Section 3 to those serving civil
commitments.
Section 6 amends § 865 of the Corrections Law to provide definitions.
Section 7 amends § 867 of the Corrections Law.
Sections 8-12 amend § 70.30 of the Penal Law for consistency with
sentencing in the amended correction law.
Sections 13-14 amend § 70.40 of the Penal Law for consistency with
sentencing in the amended correction law.
Section 15 provides the effective date.
 
JUSTIFICATION:
Encouraging incarcerated individuals to pursue personal transformation,
and providing meaningful opportunities to do so, furthers the goal of
rehabilitation. This Act will provide incarcerated individuals increased
good time and merit time allowance credit to incentivize good behavior
and enrollment in educational, vocational, treatment-related, and other
beneficial programming.
The Act will also provide rehabilitative opportunities for all incarcer-
ated people, regardless of offense. It will enhance rehabilitation
efforts by protecting earned time credit, requiring good time credit to
vest at the end of each year, imposing a higher burden for the withhold-
ing of good time credit, and incentivizing facilities to provide
programming for merit time allowances.
Finally, this Act promotes the safety of the public and eliminates
unnecessary financial burdens, as earned time allowance credit opportu-
nities have been shown to reduce recidivism rates and lessen correction-
al costs.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S.7873A
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S774: 804-a correction law, 867 correction law, 70.30 penal law, 70.30(1) penal law, 70.30(55) penal law, 70.30(19) penal law, 70.30(4) penal law, 70.40 penal law, 70.40(1) penal law