New York S 342: Establishes the "earned time act"

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S00342 Summary:

BILL NOS00342 

&nbsp

SAME ASSAME AS A01085

&nbsp

SPONSORCOONEY

&nbsp

COSPNSRBAILEY, BASKIN, BOTTCHER, BRISPORT, BROUK, CLEARE, COMRIE, FAHY, FERNANDEZ, GIANARIS, GONZALEZ,
 GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PARKER, PERSAUD,
 RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, WEBB, ZELLNER

&nbsp

MLTSPNSR

&nbsp

Add §802, amd §§803, 804, 804-a, 865 & 867, Cor L; amd §§70.30 & 70.40, Pen L

&nbsp

Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

Go to top S00342 Actions:

BILL NOS00342 

&nbsp

01/08/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

04/08/2025REPORTED AND COMMITTED TO CODES

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

04/21/2026REPORTED AND COMMITTED TO CODES

Go to topS00342 Committee&nbspVotes:

Go to topS00342 Floor&nbspVotes:

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

Go to topS00342 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 342

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. COONEY, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
 FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-
 SIGAL, JACKSON, KAVANAGH, KRUEGER, MAY, MAYER, MYRIE, PARKER, RAMOS,
 RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, WEBB -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Crime Victims, Crime and Correction

 AN ACT to amend the correction law and the penal law, in relation to the
 early release of incarcerated individuals

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "earned time act".
 3 § 2. The correction law is amended by adding a new section 802 to read
 4 as follows:
 5 § 802. Data collection. The department shall report annually to the
 6 governor and the legislature with respect to each instance in which time
 7 allowance credit has been withheld, forfeited or cancelled. The report
 8 shall provide the following information: the name, department identifi-
 9 cation number and race of each incarcerated individual who has been
 10 denied credit and the amount of credit involved, the reason or reasons
 11 for the denial, including, where applicable, a description of the bad
 12 behavior or institutional rule violation or violations, including the
 13 corresponding numerical code in the department's incarcerated individ-
 14 ual's rule handbook, and, where applicable, a description of the
 15 assigned duty and/or identification of assigned treatment program in
 16 which the incarcerated person was determined to have failed to perform
 17 properly. The report shall additionally specify the department facility
 18 in which the recommendation to withhold, forfeit or cancel good time was
 19 made and the names of the department personnel on such facility's time
 20 allowance committee who made such recommendation.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00467-01-5

 S. 342 2

 1 § 3. Section 803 of the correction law, as amended by chapter 3 of the
 2 laws of 1995, paragraphs (a), (b), and (c) of subdivision 1 and subdivi-
 3 sions 3, 4, and 5 as amended by section 37 of subpart B of part C of
 4 chapter 62 of the laws of 2011, paragraph (d) of subdivision 1 and
 5 subdivision 2-a as added by chapter 738 of the laws of 2004, subpara-
 6 graph (ii) of paragraph (d) of subdivision 1 as amended by chapter 322
 7 of the laws of 2021, subparagraph (iv) of paragraph (d) of subdivision 1
 8 as separately amended by chapters 242 and 322 of the laws of 2021 and
 9 subdivision 2-b as added by section 3 of part E of chapter 62 of the
 10 laws of 2003, is amended to read as follows:
 11 § 803. Good behavior allowances against indeterminate and determinate
 12 sentences. 1. (a) Every person confined in an institution of the depart-
 13 ment or a facility in the department of mental hygiene serving an inde-
 14 terminate or determinate sentence of imp