Senate Bill S338

2011-2012 Legislative Session

Relates to controlled substances and indeterminate sentences; to the expansion of merit time; repealer

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S338 (ACTIVE) - Details

See Assembly Version of this Bill:
A154
Current Committee:
Senate Rules
Law Section:
Correction Law
Laws Affected:
Amd §803, rpld §803-b, Cor L; amd §41, Chap 738 of 2004; amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2932, A6487
2013-2014: S1377, A4198
2015-2016: S980, A2641
2017-2018: S4260, A3351
2019-2020: S808, A3955
2021-2022: S4702, A2241
2023-2024: S4326, A1392

2011-S338 (ACTIVE) - Summary

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

2011-S338 (ACTIVE) - Sponsor Memo

2011-S338 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 338                                                    A. 154

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

IN ASSEMBLY -- Introduced by M. of A. AUBRY -- 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, the executive law, in relation
  to  merit  time,  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:

  Section 1. Subparagraphs (i), (ii) and (iv) of paragraph (d) of subdi-
vision  1 of section 803 of the correction law, as added by section 7 of
chapter 738 of the laws of 2004, are amended to read as follows:
  (i) Except as provided in subparagraph (ii) of this  paragraph,  every
person  under the custody of the department or confined in a facility in
the department of mental hygiene serving an  indeterminate  sentence  of
imprisonment  with a minimum period of one year or more or a determinate
sentence of imprisonment of  one  year  or  more  [imposed  pursuant  to
section  70.70  or 70.71 of the penal law,] may earn a merit time allow-
ance.
  (ii) Such merit time allowance shall not be available  to  any  person
serving  [an  indeterminate]  A  sentence  [authorized for an A-I felony
offense, other than an A-I felony offense defined in article two hundred
twenty of the penal law, or any sentence imposed for  a  violent  felony
offense  as  defined  in section 70.02 of the penal law, manslaughter in
the second degree, vehicular manslaughter in the second degree,  vehicu-
lar  manslaughter  in  the first degree, criminally negligent homicide,]

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

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