New York A 3110: Relates to controlled substances and indeterminate sentences; to the expansion of merit time; repealer

Bill Text

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A03110 Summary:

BILL NOA03110 

&nbsp

SAME ASSAME AS S05092

&nbsp

SPONSORDilan

&nbsp

COSPNSRDavila, Levenberg

&nbsp

MLTSPNSR

&nbsp

Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L

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Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.

Go to top A03110 Actions:

BILL NOA03110 

&nbsp

01/23/2025referred to correction

01/07/2026referred to correction

Go to topA03110 Committee&nbspVotes:

Go to topA03110 Floor&nbspVotes:

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

Go to topA03110 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3110

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

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

 AN ACT to amend the correction law, chapter 738 of the laws of 2004
 amending the correction law and other laws relating to controlled
 substances and indeterminate sentences, and the executive law, in
 relation to expanding eligibility in the merit time allowance program
 for all incarcerated individuals except those serving a sentence of
 life imprisonment without parole, murder in the first degree, incest,
 an act of terrorism, aggravated harassment of an employee by an incar-
 cerated individual, or an attempt or conspiracy to commit any such
 offense, to earn merit time allowance; and to repeal section 803-b of
 the correction law relating to limited credit time allowances

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

 1 Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
 2 vision 1 of section 803 of the correction law, subparagraph (i) as added
 3 by section 7 of chapter 738 of the laws of 2004, subparagraphs (ii) and
 4 (iv) as amended by section 224 of chapter 322 of the laws of 2021 and
 5 subparagraph (iv) as separately amended by section 1 of chapter 242 of
 6 the laws of 2021, are amended to read as follows:
 7 (i) Except as provided in subparagraph (ii) of this paragraph, every
 8 person under the custody of the department or confined in a facility in
 9 the department of mental hygiene serving an indeterminate sentence of
 10 imprisonment with a minimum period of one year or more or a determinate
 11 sentence of imprisonment of one year or more [imposed pursuant to
 12 section 70.70 or 70.71 of the penal law,] may earn a merit time allow-
 13 ance.
 14 (ii) Such merit time allowance shall not be available to any person
 15 serving [an indeterminate] a sentence [authorized for an A-I felony
 16 offense, other than an A-I felony offense defined in article two hundred
 17 twenty of the penal law, or any sentence imposed for a violent felony

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06378-01-5

 A. 3110 2

 1 offense as defined in section 70.02 of the penal law, manslaughter in
 2 the second degree, vehicular manslaughter in the second degree, vehicu-
 3 lar manslaughter in the first degree, criminally negligent homicide]
 4 imposed for murder in the first degree as defined in section 125.27 of
 5 the penal law, an offense defined in article one hundred thirty of the
 6 penal law, incest, [or] an offense defined in article two hundred
 7 sixty-three of the penal law, [or] an act of terrorism as defined in
 8 article four hundred ninety of the penal law, aggravated harassment of
 9 an employee by an incarcerated individual, or an attempt or conspiracy
 10 to commit any such offense.
 11 (iv) Such merit time allowance may be granted when an incarcerated
 12 individual successfully participates in the work and treatment program
 13 assigned pursuant to section eight hundred five of this article and when
 14 such incarcerated individual [obtains a] achieves one of the following:
 15 (1) completes their general equivalency diploma, their educational
 16 requirements as determined by the department or satisfactorily completes
 17 coursework sponsored by an institution of higher learning representing a
 18 semester of academic training; (2) completes