New York A 5418: Relates to the limited credit time allowances for certain incarcerated individuals

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A05418 Summary:

BILL NOA05418 

&nbsp

SAME ASSAME AS S00320

&nbsp

SPONSORDilan

&nbsp

COSPNSRLevenberg, Cook, Shrestha

&nbsp

MLTSPNSR

&nbsp

Amd §803-b, Cor L

&nbsp

Increases the limited credit time allowances for certain incarcerated individuals serving indeterminate or determinate sentences imposed for specified offenses up to twenty-four months.

Go to top A05418 Actions:

BILL NOA05418 

&nbsp

02/14/2025referred to correction

01/07/2026referred to correction

Go to topA05418 Committee&nbspVotes:

Go to topA05418 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05418 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5418

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. DILAN -- read once and referred to the Committee
 on Correction

 AN ACT to amend the correction law, in relation to the limited credit
 time allowances for certain incarcerated individuals

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (b) of subdivision 1 of section 803-b of the
 2 correction law, as added by section 4 of part L of chapter 56 of the
 3 laws of 2009, clauses (A) and (C) of subparagraph (ii) as amended by
 4 chapter 322 of the laws of 2021, is amended to read as follows:
 5 (b) "limited credit time benefit" means:
 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] twenty-four months before the
 9 completion of the controlling minimum period of imprisonment as defined
 10 by subdivision one of section 70.40 of the penal law; or
 11 (ii) (A) in the case of an eligible offender who is not subject to an
 12 indeterminate sentence with a maximum term of life imprisonment, such
 13 offender shall be eligible for conditional release [six] twenty-four
 14 months earlier than as provided by paragraph (b) of subdivision one of
 15 section 70.40 of the penal law, provided that the department determines
 16 such offender has earned the full amount of good time authorized by
 17 section eight hundred three of this article; the withholding of any good
 18 behavior time credit by the department shall render an incarcerated
 19 individual ineligible for the credit defined herein;
 20 (B) in the event the limited credit time benefit defined herein causes
 21 such conditional release date to precede the parole eligibility date as
 22 calculated pursuant to subdivision one of section 70.40 of the penal
 23 law, a limited credit time benefit shall also be applied to the parole
 24 eligibility date, but only to the extent necessary to cause such parole
 25 eligibility date to be the same date as the conditional release date;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00599-01-5

 A. 5418 2

 1 (C) an incarcerated individual shall not be eligible for the credit
 2 defined herein if [he or she] such individual is returned to the depart-
 3 ment pursuant to a revocation of presumptive release, parole, condi-
 4 tional release, or post-release supervision and has not been sentenced
 5 to an additional indeterminate or determinate term of imprisonment.
 6 (iii) Regardless of the number of sentences to which an eligible
 7 offender is subject, the limited credit time benefit authorized pursuant
 8 to this section shall be limited to a single [six-month] twenty-four-
 9 month credit applied to such person's parole eligibility date pursuant
 10 to subparagraph (i) of this paragraph or to such person's conditional
 11 release date pursuant to subparagraph (ii) of this paragraph. Except as
 12 provided in clause (B) of subparagraph (ii) of this paragraph, the
 13 limited credit time benefit authorized pursuant to this section shall
 14 not be applied to an eligible offender's parole eligibility date and
 15 conditional release date.
 16 § 2. This act shall take effect immediately.

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