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 an alcohol and substance 19 abuse treatment [certificate, a vocational trade certificate following 20 at least six months of vocational programming,] program, or completes a 21 comparable program of a different type as determined by the department, 22 including, but not limited to, anger management, family violence, or 23 parenting; (3) completes a vocational training program or a comparable 24 and equivalent training program as determined by the department; (4) 25 performs satisfactorily for at least six months in a skilled job assign- 26 ment, including but not limited to, Incarcerated Individual Program Aide 27 (IIPA), law library clerk, medical/infirmary aide, children's center 28 aide, and food service worker; (5) completes at least eighteen credits 29 in a program registered by the state education department from a 30 degree-granting higher education institution; or (6) performs at least 31 four hundred hours of service as part of a community work crew. 32 Such allowance shall be withheld for any serious disciplinary infrac- 33 tion or upon a judicial determination that the person, while an incar- 34 cerated individual, commenced or continued a civil action, proceeding or 35 claim that was found to be frivolous as defined in subdivision (c) of 36 section eight thousand three hundred three-a of the civil practice law 37 and rules, or an order of a federal court pursuant to rule 11 of the 38 federal rules of civil procedure imposing sanctions in an action 39 commenced by a person, while an incarcerated individual, against a state 40 agency, officer or employee. 41 § 2. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdivision 42 1 of section 803 of the correction law, subparagraph (i) as added by 43 section 10-a of chapter 738 of the laws of 2004, subparagraphs (ii) and 44 (iv) as amended by section 224-a of chapter 322 of the laws of 2021 and 45 subparagraph (iv) as separately amended by section 2 of chapter 242 of 46 the laws of 2021, are amended to read as follows: 47 (i) Except as provided in subparagraph (ii) of this paragraph, every 48 person under the custody of the department or confined in a facility in 49 the department of mental hygiene serving an indeterminate sentence of 50 imprisonment with a minimum period of one year or more or a determinate 51 sentence of imprisonment of one year or more [imposed pursuant to 52 section 70.70 or 70.71 of the penal law,] may earn a merit time allow- 53 ance. 54 (ii) Such merit time allowance shall not be available to any person 55 serving [an indeterminate] a sentence [authorized for an A-I felony 56 offense, other than an A-I felony offense defined in article two hundred
A. 3110 3 1 twenty of the penal law, or any sentence imposed for a violent felony 2 offense as defined in section 70.02 of the penal law, manslaughter in 3 the second degree, vehicular manslaughter in the second degree, vehicu- 4 lar manslaughter in the first degree, criminally negligent homicide] 5 imposed for murder in the first degree as defined in section 125.27 of 6 the penal law, an offense defined in article one hundred thirty of the 7 penal law, incest, [or] an offense defined in article two hundred 8 sixty-three of the penal law, [or] an act of terrorism as defined in 9 article four hundred ninety of the penal law, aggravated harassment of 10 an employee by an incarcerated individual, or an attempt or conspiracy 11 to commit any such offense. 12 (iv) Such merit time allowance may be granted when an incarcerated 13 individual successfully participates in the work and treatment program 14 assigned pursuant to section eight hundred five of this article and when 15 such incarcerated individual [obtains a] achieves one of the following: 16 (1) completes their general equivalency diploma, their educational 17 requirements as determined by the department or satisfactorily completes 18 coursework sponsored by an institution of higher learning representing a 19 semester of academic training; (2) completes an alcohol and substance 20 abuse treatment [certificate, a vocational trade certificate following 21 at least six months of vocational programming,] program, or completes a 22 comparable program of a different type as determined by the department, 23 including, but not limited to, anger management, family violence, or 24 parenting; (3) completes a vocational training program or a comparable 25 and equivalent training program as determined by the department; (4) 26 performs satisfactorily for at least six months in a skilled job assign- 27 ment, including but not limited to, Incarcerated Individual Program Aide 28 (IIPA), law library clerk, medical/infirmary aide, children's center 29 aide, and food service worker; (5) completes at least eighteen credits 30 in a program registered by the state education department from a 31 degree-granting higher education institution; or (6) performs at least 32 four hundred hours of service as part of a community work crew. 33 Such allowance shall be withheld for any serious disciplinary infrac- 34 tion or upon a judicial determination that the person, while an incar- 35 cerated individual, commenced or continued a civil action, proceeding or 36 claim that was found to be frivolous as defined in subdivision (c) of 37 section eight thousand three hundred three-a of the civil practice law 38 and rules, or an order of a federal court pursuant to rule 11 of the 39 federal rules of civil procedure imposing sanctions in an action 40 commenced by a person, while an incarcerated individual, against a state 41 agency, officer or employee. 42 § 3. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803 43 of the correction law, as added by section 7 of chapter 738 of the laws 44 of 2004, is amended to read as follows: 45 (v) The provisions of this paragraph shall apply to persons in custody 46 serving an indeterminate sentence on the effective date of this para- 47 graph as well as to persons sentenced to an indeterminate sentence on 48 and after the effective date of this paragraph and prior to September 49 first, two thousand five and to persons sentenced to a determinate 50 sentence [prior to September first, two thousand eleven] for a felony as 51 defined in article two hundred twenty or two hundred twenty-one of the 52 penal law. 53 § 4. Subparagraph (v) of paragraph (d) of subdivision 1 of section 803 54 of the correction law, as added by section 10-a of chapter 738 of the 55 laws of 2004, is amended to read as follows:
A. 3110 4 1 (v) The provisions of this paragraph shall apply to persons in custody 2 serving an indeterminate sentence on the effective date of this para- 3 graph as well as to persons sentenced to an indeterminate sentence on 4 and after the effective date of this paragraph and prior to September 5 first, two thousand five and to persons sentenced to a determinate 6 sentence [prior to September first, two thousand eleven] for a felony as 7 defined in article two hundred twenty or two hundred twenty-one of the 8 penal law. 9 § 5. Paragraph (g) of subdivision 2-a of section 803 of the correction 10 law, as added by section 9 of chapter 738 of the laws of 2004, is 11 amended to read as follows: 12 (g) The provisions of this subdivision shall apply to persons in 13 custody serving an indeterminate sentence on the effective date of this 14 subdivision as well as to persons sentenced to an indeterminate sentence 15 on and after the effective date of this subdivision and prior to Septem- 16 ber first, two thousand five and to persons sentenced to a determinate 17 sentence [prior to September first, two thousand eleven] for a felony as 18 defined in article two hundred twenty or two hundred twenty-one of the 19 penal law. 20 § 6. Paragraph (g) of subdivision 2-a of section 803 of the correction 21 law, as added by section 11 of chapter 738 of the laws of 2004, is 22 amended to read as follows: 23 (g) The provisions of this subdivision shall apply to persons in 24 custody serving an indeterminate sentence on the effective date of this 25 subdivision as well as to persons sentenced to an indeterminate sentence 26 on and after the effective date of this subdivision and prior to Septem- 27 ber first, two thousand five and to persons sentenced to a determinate 28 sentence [prior to September first, two thousand eleven] for a felony as 29 defined in article two hundred twenty or two hundred twenty-one of the 30 penal law. 31 § 7. Section 803-b of the correction law is REPEALED. 32 § 8. Subdivision (c-1) of section 41 of chapter 738 of the laws of 33 2004 amending the correction law and other laws relating to controlled 34 substances and indeterminate sentences, is amended to read as follows: 35 (c-1) the provisions of sections seven, eight, nine, ten and ten-a of 36 this act, and subdivision 2-a of section 803 of the correction law, as 37 added by section eleven of this act shall apply to persons in custody 38 serving an indeterminate sentence on the effective date of such 39 provisions as well as to persons sentenced to an indeterminate sentence 40 on and after the effective date of such provisions and prior to Septem- 41 ber 1, 2005 and to persons sentenced to a determinate sentence [prior to 42 September 1, 2011] for a felony as defined in article 220 or 221 of the 43 penal law; 44 § 9. Clause (C) of subparagraph (i) of paragraph (e) of subdivision 1 45 of section 632-a of the executive law, as amended by section 24 of part 46 A-1 of chapter 56 of the laws of 2010, is amended to read as follows: 47 (C) [an offense for which a merit time allowance may not be received 48 against the sentence pursuant to paragraph (d) of subdivision one of 49 section eight hundred three of the correction law] an A-I felony 50 offense, other than an A-I felony offense defined in article two hundred 51 twenty of the penal law, manslaughter in the second degree, vehicular 52 manslaughter in the second degree, vehicular manslaughter in the first 53 degree, criminally negligent homicide, an offense defined in article one 54 hundred thirty of the penal law, incest, an offense defined in article 55 two hundred sixty-three of the penal law, aggravated harassment of an 56 employee by an incarcerated individual;
A. 3110 5 1 § 10. This act shall take effect on the ninetieth day after it shall 2 have become a law and shall apply to: (i) persons in custody serving an 3 indeterminate or determinate sentence or sentences on the effective 4 date; (ii) persons sentenced to an indeterminate or determinate sentence 5 or sentences on or after the effective date; and (iii) persons who have 6 not completed service of an indeterminate or determinate sentence or 7 sentences imposed prior to the effective date; provided, however, that 8 the amendments to section 803 of the correction law made by sections 9 one, three, and five of this act shall be subject to the expiration and 10 reversion of such section pursuant to subdivision d of section 74 of 11 chapter 3 of the laws of 1995, as amended, when upon such date the 12 provisions of sections two, four and six of this act shall take effect.