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  #1  
Old 03-24-2005, 11:08 PM
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Manzanita Manzanita is offline
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Default Merit Time Bill In New York

This "good time" is really about Merit Time allowance credits...if the sentance is indeterminate, for example, don't they already have this in affect? Such as CR date? and does this rule not stand already?

Quote:
This new system seeks to prevent the
5 early conditional release of ill-prepared inmates, while offering
6 release only to those inmates who have demonstrated a willingness and
7 ability to work in society through completion of therapeutic and treat-
8 ment programs prescribed by the department of correctional services.

this is how it is already.

Quote:
MAY RECEIVE MERIT ALLOWANCES AGAINST THE MAXIMUM AND MINIMUM
15 TERMS OR PERIOD OF HIS OR HER SENTENCE NOT TO EXCEED IN THE AGGREGATE
16 ONE-THIRD OF THE TERM OR PERIOD IMPOSED BY THE COURT, EXCEPT THAT NO
17 MERIT TIME ALLOWANCE SHALL DECREASE THE MINIMUM TERM OR PERIOD TO LESS
18 THAN ONE YEAR, AND NO MERIT TIME ALLOWANCE SHALL BE CREDITED TO THE
19 MAXIMUM PERIOD OF A PERSON SERVING A SENTENCE WITH A MAXIMUM TERM OF
I am bit confused, is this not already in affect? can someone help me out here?

http://assembly.state.ny.us/leg/?bn=A03230&sh=t
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  #2  
Old 03-24-2005, 11:15 PM
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Question Merit Time Allowances

Can someone clarify the bill for Merit Time allowance credits...if the sentance is indeterminate, for example, don't they already have this in affect? Such as CR date? and does this rule not stand already for CR eligible inmates?


Quote:
This new system seeks to prevent the
5 early conditional release of ill-prepared inmates, while offering
6 release only to those inmates who have demonstrated a willingness and
7 ability to work in society through completion of therapeutic and treat-
8 ment programs prescribed by the department of correctional services.


MAY RECEIVE MERIT ALLOWANCES AGAINST THE MAXIMUM AND MINIMUM
15 TERMS OR PERIOD OF HIS OR HER SENTENCE NOT TO EXCEED IN THE AGGREGATE
16 ONE-THIRD OF THE TERM OR PERIOD IMPOSED BY THE COURT, EXCEPT THAT NO
17 MERIT TIME ALLOWANCE SHALL DECREASE THE MINIMUM TERM OR PERIOD TO LESS
18 THAN ONE YEAR, AND NO MERIT TIME ALLOWANCE SHALL BE CREDITED TO THE
19 MAXIMUM PERIOD OF A PERSON SERVING A SENTENCE WITH A MAXIMUM TERM OF


http://assembly.state.ny.us/leg/?bn=A03230&sh=t
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  #3  
Old 03-25-2005, 08:07 AM
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The new bill would do away with conditional release dates. It would base merit time solely in 6 month intervals. The bill states that any time earned cannot be taken a way, nor can any time that was not earned be earned later. The thought is that if an instant reward is seen and understood it will be a catalyst for the inmate to have good beavior. The bill is retroactive, but I do not know when they are saying it is retroactive to. There would have to be quite a bit of work put into the sysytem to make this work. I am doing more research on this bill.
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Old 03-25-2005, 10:26 AM
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Some drug crimes were not previously eligible for merit time. Also the Transitional Services program has been expanded and all persons seeking conditional release must complete phase I, II, & III if they have time to complete them.
  #5  
Old 03-25-2005, 11:40 AM
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Ken's wife explains below:

Quote:
When a person is sentenced and goes to prison with that sentence a "clock" starts. Every 6 months the inmate meets with a merit time committee. If they have been deemed "good" by the committee they would earn merit time. The amount would be up to 2 months good time during a 6 month period. That time once earned CANNOT be taken away. There is some stuff about parole tied into that, but I do not want to confuse the basics for you. An inmate is deemed "good" if they are wrking their programs and/or jobs and have had no tickets. It does imply any tickets even the crap ones, but this is where there would be the need for very clear and concise policy. I fear that depending on the day, the mood, and the place, one committee would act differently than another. The merit time earned is subtracted from the minimum part of the sentence, that's where a person can get out earlier. It has potential to get someone earlier than the CR dates that are being used now. If no merit time is earned in that 6 month period, it is done and over and cannot be earned somewhere at a different time. Each 6 months, no matter what the prior outcome the inmate begins with a clean slate. The belief is that if the inmate sees ties to good behavior and getting out earlier then the focus of the inmate will be good behavior and rehabilitation.

at this time the bill is back at assembly level for revision. Anything new I will post, but I don't think anything will happen until fall. The state needs to be working on a budget and not much else will move until one is passed.
This bill will void conditional release dates. This is where the state will have to figure out what they mean by retoactive and how it will be figured.

As this bill is still a work in progress and the details need to be worked out none of the inmates would be told that it effects them. That won't happen until something is passed and on the books. There are a lot of misunderstandings and misconceptions with what this bill could mean to presently incarcerated individuals. Just so much is unclear with what is currently on paper. It is the assembly and committee discussions that I have been trying to get the minutes to or listen to on C-SPAN.

My desire with this is that the merit time committee not be made up of just DOCS staff and politicians. I would like to see some "real" people on the committee or representatives of the ACLU or something a little more positive than what a parole board looks and feels like. It is my dream and something I would like to see lobbied for by someone or some group.

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  #6  
Old 03-25-2005, 09:52 PM
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Taken from the CURE - NY Newsletter - Spring 2003

MERIT TIME

Merit time has referred to productive use of prison time, usually in rehabilitation efforts, as well as in good disciplinary records. It basically encourages personal development and law-abiding, constructive participation in society. Such rehabilitation incentives are essential to further reduce recidivism. NYS Bills S.1688 and A.03807 provide for vesting of merit time allowances and reduction by up to one-third off an inmate’s minimum sentence. The following draws from these bills.

A merit time allowance committee reviews each inmate’s record every six months and awards merit time. A record of “good behavior and efficient and willing performance of duties or progress in treatment programs” (vocational, educational, and therapeutic programs) would be required.

An inmate who loses merit time during a six-month period cannot make it up at a subsequent date, nor can an inmate have merit time taken away for misbehavior during another six-month period.

Thus, merit time is “vested”. The inmate can see the benefits right away of performing well. And the inmate starts each six-month period with a clean slate. There is a constant opportunity for a fresh start. This system offers constant incentive, constant review, immediate penalties and immediate rewards. The law would apply retroactively.

The date of an inmate’s first parole hearing will be determined by subtracting the merit time allowance earned from his or her minimum time. The Board’s emphasis on the original crime, the inmate’s criminal record, and any crime victim’s statement, must be balanced by consideration of the inmate’s conduct during imprisonment. If the parole board still declines to release the inmate, the merit time can be applied to the maximum sentence.

Editor’s notes: No mention is made in the proposal for definite sentences, but it would seem to be potentially applicable and essential to them as well. Currently none classified as “violent offenders” can gain any merit time. We believe that most offenders are recoverable and should be encouraged, by merit time, to work for rehabilitation. These Bills (as written) can apply to nearly all current inmates, still leaving the final decisions to the parole boards.

The potential savings from such merit time, available to most prisoners, are large. In NY State, we release about 18,000 prisoners back into society each year, of whom about half are labeled as “violent offenders”. If only one –third of these once “violent offenders” newly earned such merit time, (and were at some point approved by the Parole Board) and if that reduced each sentence by one year, then at $32,000 per year, the saving from that alone would be about $96 million per year.
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Last edited by Manzanita; 04-13-2005 at 07:20 PM..
  #7  
Old 03-28-2005, 03:31 PM
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Default The SO1701 bill text

Provides for vesting of merit time allowance and release for prisoners with
good behavior with certain limitations; provides commissioner of correctional
services shall promulgate rules and regulations for merit time allowance to
determine which inmates are good candidates for release.

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

February 1, 2005
___________

IN SENATE -- Introduced by Sens. MONTGOMERY, DILAN, DUANE, PARKER, SAMP-
SON, M. SMITH -- 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. CLARK -- read once and referred to
the Committee on Correction

AN ACT to amend the correction law and the executive law, in relation to
merit time allowance and release for prisoners accumulating merit time
allowance and to repeal certain provisions of the correction law
relating thereto

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Legislative intent. It is the purpose of this act to
2 strengthen the ability of the department of correctional services to
3 better manage its inmate population through the granting or withholding
4 of merit time allowance credits. This new system seeks to prevent the
5 early conditional release of ill-prepared inmates, while offering
6 release only to those inmates who have demonstrated a willingness and
7 ability to work in society through completion of therapeutic and treat-
8 ment programs prescribed by the department of correctional services.
9 S 2. Section 803 of the correction law is REPEALED and a new section
10 803 is added to read as follows:
11 S 803. MERIT TIME ALLOWANCE AGAINST INDETERMINATE SENTENCES. 1. EVERY
12 PERSON CONFINED IN AN INSTITUTION OF THE DEPARTMENT OR A FACILITY IN THE
13 DEPARTMENT OF MENTAL HYGIENE SERVING AN INDETERMINATE SENTENCE OF IMPRI-
14 SONMENT, MAY RECEIVE MERIT ALLOWANCES AGAINST THE MAXIMUM AND MINIMUM
15 TERMS OR PERIOD OF HIS OR HER SENTENCE NOT TO EXCEED IN THE AGGREGATE
16 ONE-THIRD OF THE TERM OR PERIOD IMPOSED BY THE COURT, EXCEPT THAT NO
17 MERIT TIME ALLOWANCE SHALL DECREASE THE MINIMUM TERM OR PERIOD TO LESS
18 THAN ONE YEAR, AND NO MERIT TIME ALLOWANCE SHALL BE CREDITED TO THE
19 MAXIMUM PERIOD OF A PERSON SERVING A SENTENCE WITH A MAXIMUM TERM OF

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03206-01-5

S. 1701 2 A. 3230

1 LIFE. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFICIENT
2 AND WILLING PERFORMANCE OF DUTIES ASSIGNED OR PROGRESS AND ACHIEVEMENT
3 IN AN ASSIGNED TREATMENT OR EDUCATION PROGRAM, AND MAY BE WITHHELD IN
4 WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF INSTITUTIONAL RULES OR
5 FAILURE TO PERFORM PROPERLY IN THE DUTIES OR PROGRAM ASSIGNED.
6 2. IF A PERSON IS SERVING MORE THAN ONE SENTENCE, THE AUTHORIZED
7 ALLOWANCES MAY BE GRANTED SEPARATELY AGAINST THE MAXIMUM AND MINIMUM
8 TERMS OF EACH SENTENCE OR, WHERE CONSECUTIVE SENTENCES ARE INVOLVED,
9 AGAINST THE AGGREGATE MAXIMUM AND MINIMUM TERMS. IN NO CASE, HOWEVER,
10 SHALL THE TOTAL OF ALL ALLOWANCES GRANTED TO ANY SUCH PERSON UNDER THIS
11 SECTION EXCEED ONE-THIRD OF THE MAXIMUM TIME HE OR SHE WOULD BE REQUIRED
12 TO SERVE, COMPUTED WITHOUT REGARD TO THIS SECTION. NO MERIT TIME ALLOW-
13 ANCE SHALL DECREASE THE MINIMUM TERM TO LESS THAN ONE YEAR.
14 3. THE COMMISSIONER OF CORRECTIONAL SERVICES SHALL PROMULGATE RULES
15 AND REGULATIONS FOR THE GRANTING AND WITHHOLDING OF MERIT TIME ALLOW-
16 ANCES AUTHORIZED BY THIS SECTION IN ACCORDANCE WITH THE CRITERIA HEREIN
17 SPECIFIED. SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESIG-
18 NATING A MERIT TIME ALLOWANCE COMMITTEE IN EACH CORRECTIONAL INSTITUTION
19 DELEGATED TO MAKE DISCRETIONARY DETERMINATIONS WITH RESPECT TO THE
20 ALLOWANCES, THE BOOKS AND RECORDS TO BE KEPT, AND A PROCEDURE FOR REVIEW
21 OF THE INSTITUTIONAL DETERMINATIONS BY THE COMMISSIONER. SUCH COMMITTEE
22 SHALL REVIEW THE RECORD OF EACH INDIVIDUAL INMATE EVERY SIX MONTHS
23 BEGINNING FROM THE DATE OF HIS OR HER ENTRANCE AT SUCH INSTITUTION. THE
24 COMMITTEE SHALL THEN DETERMINE, BASED ON THE FACTORS FOR WHICH ALLOWANCE
25 TIME IS GRANTED, WHETHER OR NOT TO GRANT ALLOWANCE TIME TO THE INMATE.
26 FOR EACH SIX MONTH REVIEW PERIOD, AN INMATE MAY BE GRANTED MERIT TIME
27 WHICH MAY REDUCE BY UP TO ONE-THIRD AN INMATE`S MINIMUM SENTENCE FOR
28 THAT SIX MONTH REVIEW PERIOD. IF AN INMATE IS NOT GRANTED MERIT TIME FOR
29 THE SIX MONTH REVIEW PERIOD, HE OR SHE CANNOT EARN ADDITIONAL MERIT TIME
30 IN ANY SUBSEQUENT SIX MONTH REVIEW PERIOD TO MAKE UP FOR MERIT TIME
31 WHICH HAS NOT BEEN GRANTED. ADDITIONALLY, AN INMATE WHO HAS BEEN GRANTED
32 MERIT TIME DURING A SIX MONTH REVIEW PERIOD SHALL NOT LOSE SUCH MERIT
33 TIME DURING A SUBSEQUENT SIX MONTH REVIEW PERIOD FOR BAD BEHAVIOR,
34 VIOLATION OF INSTITUTIONAL RULES OR FAILURE TO PERFORM PROPERLY IN THE
35 DUTIES OR PROGRAM ASSIGNED.
36 4. ALL MERIT TIME ALLOWANCES EARNED PURSUANT TO THIS SECTION SHALL BE
37 VESTED, ON A ONE DAY FOR EVERY THREE DAYS BASIS, EXCEPT AS MODIFIED BY
38 OTHER PROVISIONS OF THIS CHAPTER.
39 5. MERIT TIME ALLOWANCES GRANTED PRIOR TO ANY RELEASE ON PAROLE SHALL
40 BE FORFEITED AND SHALL NOT BE RESTORED IF THE PAROLED PERSON IS RETURNED
41 TO AN INSTITUTION UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF
42 CORRECTIONAL SERVICES FOR VIOLATION OF PAROLE BY REASON OF A CONVICTION
43 FOR A CRIME COMMITTED WHILE ON PAROLE. A PERSON WHO IS SO RETURNED MAY,
44 HOWEVER, SUBSEQUENTLY RECEIVE MERIT TIME ALLOWANCES AGAINST THE REMAIN-
45 ING PORTION OF HIS OR HER MAXIMUM OR AGGREGATE MAXIMUM TERM OR PERIOD
46 NOT TO EXCEED IN THE AGGREGATE ONE-THIRD OF SUCH PORTION PROVIDED SUCH
47 REMAINING PORTION OF HIS OR HER MAXIMUM OR AGGREGATE MAXIMUM TERM OR
48 PERIOD IS MORE THAN ONE YEAR.
49 6. UPON COMMENCEMENT OF AN INDETERMINATE SENTENCE THE PROVISIONS OF
50 THIS SECTION SHALL BE FURNISHED TO THE PERSON SERVING THE SENTENCE AND
51 THE MEANING OF SAME SHALL BE FULLY EXPLAINED TO HIM OR HER BY A PERSON
52 DESIGNATED BY THE COMMISSIONER TO PERFORM SUCH DUTY.
53 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER MERIT TIME
54 ALLOWANCE IS CLAIMED AGAINST THE MINIMUM TERM OR PERIOD OF IMPRISONMENT,
55 IT SHALL SERVE ONLY TO ALLOW SUCH PERSON, IN THE SOLE DISCRETION OF THE
56 STATE PAROLE BOARD, TO BE RELEASED ON PAROLE. WHENEVER MERIT TIME ALLOW-

S. 1701 3 A. 3230

1 ANCE IS CLAIMED AGAINST THE MAXIMUM TERM OR PERIOD OF IMPRISONMENT, AND
2 THE MAXIMUM TERM LESS ACCUMULATED MERIT TIME ALLOWANCE CREDITS EQUALS
3 THE PERSON`S TIME SERVED, SUCH PERSON SHALL BE RELEASED TO PAROLE SUPER-
4 VISION.
5 8. EVERY PERSON WHO IS INCARCERATED ON THE EFFECTIVE DATE OF THIS
6 SUBDIVISION SHALL BE ENTITLED TO NO MORE THAN ONE MONTH OF MERIT TIME
7 ALLOWANCE FOR EVERY THREE MONTHS SERVED TO BE CREDITED AGAINST THE MINI-
8 MUM AND MAXIMUM TERMS OR PERIODS OF IMPRISONMENT. THE AMOUNT OF CREDITS
9 ACTUALLY AWARDED SHALL BE DETERMINED BY THE MERIT TIME ALLOWANCE COMMIT-
10 TEE AND APPLIED RETROACTIVELY. EVERY PERSON WHO IS INCARCERATED ON THE
11 EFFECTIVE DATE OF THIS SUBDIVISION, AND WHO HAS ALREADY SERVED HIS MINI-
12 MUM TERM, SHALL BE EVALUATED RETROACTIVELY FOR EARNED ELIGIBILITY
13 CERTIFICATION.
14 S 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
15 law, as separately amended by section 11 of part E and section 9 of part
16 F of chapter 62 of the laws of 2003, is amended to read as follows:
17 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
18 least one month prior to the date on which an inmate may be paroled
19 pursuant to subdivision one of section 70.40 of the penal law LESS ANY
20 ACCUMULATED MERIT TIME ALLOWANCE CREDITS, a member or members as deter-
21 mined by the rules of the board shall personally interview such inmate
22 and determine whether he OR SHE should be paroled in accordance with the
23 guidelines adopted pursuant to subdivision four of section two hundred
24 fifty-nine-c of this article. If parole is not granted upon such review,
25 the inmate shall be informed in writing within two weeks of such appear-
26 ance of the factors and reasons for such denial of parole. Such reasons
27 shall be given in detail and not in conclusory terms. The board shall
28 specify a date not more than twenty-four months from such determination
29 for reconsideration, and the procedures to be followed upon reconsider-
30 ation shall be the same. If the inmate is released, he OR SHE shall be
31 given a copy of the conditions of parole. Such conditions shall where
32 appropriate, include a requirement that the parolee comply with any
33 restitution order, mandatory surcharge, sex offender registration fee
34 and DNA databank fee previously imposed by a court of competent juris-
35 diction that applies to the parolee. The board of parole shall indicate
36 which restitution collection agency established under subdivision eight
37 of section 420.10 of the criminal procedure law, shall be responsible
38 for collection of restitution, mandatory surcharge, sex offender regis-
39 tration fees and DNA databank fees as provided for in section 60.35 of
40 the penal law and section eighteen hundred nine of the vehicle and traf-
41 fic law.
42 (ii) Any inmate who is scheduled for presumptive release pursuant to
43 section eight hundred six of the correction law shall not appear before
44 the parole board as provided in subparagraph (i) of this paragraph
45 unless such inmate`s scheduled presumptive release is forfeited,
46 canceled, or rescinded subsequently as provided in such law. In such
47 event, the inmate shall appear before the parole board for release
48 consideration as provided in subparagraph (i) of this paragraph as soon
49 thereafter as is practicable.
50 S 4. Paragraph (a) of subdivision 2 of section 259-i of the executive
51 law, as amended by chapter 396 of the laws of 1987, is amended to read
52 as follows:
53 (a) At least one month prior to the expiration of the minimum period
54 or periods of imprisonment fixed by the court or board, LESS ANY ACCUMU-
55 LATED MERIT TIME ALLOWANCE CREDITS, a member or members as determined by
56 the rules of the board shall personally interview an inmate serving an

S. 1701 4 A. 3230

1 indeterminate sentence and determine whether he OR SHE should be paroled
2 at the expiration of the minimum period or periods in accordance with
3 the guidelines adopted pursuant to subdivision four of section two
4 hundred fifty-nine-c OF THIS ARTICLE. If parole is not granted upon such
5 review, the inmate shall be informed in writing within two weeks of such
6 appearance of the factors and reasons for such denial of parole. Such
7 reasons shall be given in detail and not in conclusory terms. The board
8 shall specify a date not more than twenty-four months from such determi-
9 nation for reconsideration, and the procedures to be followed upon
10 reconsideration shall be the same. If the inmate is released, he OR SHE
11 shall be given a copy of the conditions of parole. Such conditions
12 shall, where appropriate, include a requirement that the parolee comply
13 with any restitution order and mandatory surcharge previously imposed by
14 a court of competent jurisdiction that applies to the parolee. The board
15 of parole shall indicate which restitution collection agency established
16 under subdivision eight of section 420.10 of the criminal procedure law,
17 shall be responsible for collection of restitution and mandatory
18 surcharge as provided for in section 60.35 of the penal law and section
19 eighteen hundred nine of the vehicle and traffic law.
20 S 5. Paragraph (c) of subdivision 2 of section 259-i of the executive
21 law, as separately amended by chapters 40 and 126 of the laws of 1999,
22 is amended to read as follows:
23 (c) {(A)} (I) Discretionary release on parole shall not be granted
24 merely as a reward for good conduct or efficient performance of duties
25 while confined but after considering if there is a reasonable probabili-
26 ty that, if such inmate is released, he OR SHE will live and remain at
27 liberty without violating the law, and that {his} SUCH release is not
28 incompatible with the welfare of society and will not so deprecate the
29 seriousness of his OR HER crime as to undermine respect for law. In
30 making the parole release decision, the guidelines adopted pursuant to
31 subdivision four of section two hundred fifty-nine-c of this article
32 shall require that the following be considered: (i) the institutional
33 record including program goals and accomplishments, academic achieve-
34 ments, vocational education, training or work assignments, therapy and
35 interpersonal relationships with staff and inmates AND THE RECOMMENDA-
36 TIONS OF THE APPROPRIATE MERIT TIME ALLOWANCE COMMITTEE ESTABLISHED
37 UNDER SUBDIVISION THREE OF SECTION EIGHT HUNDRED THREE OF THE CORRECTION
38 LAW; (ii) performance, if any, as a participant in a temporary release
39 program; (iii) release plans including community resources, employment,
40 education and training and support services available to the inmate;
41 (iv) any deportation order issued by the federal government against the
42 inmate while in the custody of the department of correctional services
43 and any recommendation regarding deportation made by the commissioner of
44 the department of correctional services pursuant to section one hundred
45 forty-seven of the correction law; and (v) any statement made to the
46 board by the crime victim or the victim`s representative, where the
47 crime victim is deceased or is mentally or physically incapacitated. The
48 board shall provide toll free telephone access for crime victims. In
49 the case of an oral statement made in accordance with subdivision one of
50 section 440.50 of the criminal procedure law, the parole board member
51 shall present a written report of the statement to the parole board. A
52 crime victim`s representative shall mean the crime victim`s closest
53 surviving relative, the committee or guardian of such person, or the
54 legal representative of any such person. Such statement submitted by
55 the victim or victim`s representative may include information concerning
56 threatening or intimidating conduct toward the victim, the victim`s

S. 1701 5 A. 3230

1 representative, or the victim`s family, made by the person sentenced and
2 occurring after the sentencing. Such information may include, but need
3 not be limited to, the threatening or intimidating conduct of any other
4 person who or which is directed by the person sentenced. Notwithstanding
5 the provisions of this section, in making the parole release decision
6 for persons whose minimum period of imprisonment was not fixed pursuant
7 to the provisions of subdivision one of this section, in addition to the
8 factors listed in this paragraph the board shall consider the factors
9 listed in paragraph (a) of subdivision one of this section.
10 {(B)} (II) Where a crime victim or victim`s representative as defined
11 in subparagraph {(A)} (I) of this paragraph, or other person submits to
12 the parole board a written statement concerning the release of an
13 inmate, the parole board shall keep that individual`s name and address
14 confidential.
15 S 6. This act shall take effect on the ninetieth day after it shall
16 have become a law, provided that the amendments to paragraph (a) of
17 subdivision 2 of section 259-i of the executive law made by section
18 three of this act shall be subject to the expiration and reversion of
19 such paragraph pursuant to subdivision d of section 74 of chapter 3 of
20 the laws of 1995, as amended, when upon such date the provisions of
21 section four of this act shall take effect.
.SO DOC C 1701/3230 *END* BTXT 2005

http://assembly.state.ny.us/leg/?bn=S01701&sh=t

Last edited by Manzanita; 03-28-2005 at 06:07 PM..
  #8  
Old 03-28-2005, 05:48 PM
haswtch haswtch is offline
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I take it nothing in there applies to people sentenced to determinate sentences. Beyon that, I'm kinda baffled...
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Old 03-28-2005, 06:59 PM
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Please clarify something for me: I read on the DOCS website that work release menas the inmate is to return to the appropriate correctional facility at the end of each day, and in thelaw you attached at the end of your response it states they can be outside the facility no longer than 14 hours a day.
You stated here the "5 & 2" and "7 & 0" as well. I guess I am confused, how do they qualify for the "5 & 2" ??
thanks
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Old 03-29-2005, 09:49 AM
daWifey daWifey is offline
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From what I have heard about work release it works in stages. The inmate is placed in a work release facility and is given a certain amount of hours a day to find work. Once they are able to find a job they are allowed to spend more time at home. so it progresses to eventually 5 nights home and 2 nights at the facility 5 & 2. and eventually they will be 7 & 0 meaning they spend 7 nights home. i think it just depends on how soon they find a job. My husband hasnt gotten work release yet so i am not sure on the specifics. but this is what i have heard so far. I hope this helps.
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Old 03-31-2005, 10:22 PM
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Thought you might need the regulations for work release. They're a little long but are much more useful than the statute:

7 NYCRR 1900.4. Procedures for temporary release committees when considering temporary release applications. (a) Inmate application. Inmates will apply for temporary release by filling out the notification to temporary release committee form, indicating the type of temporary release they wish to apply for and their reasons for applying. In cases where the inmate is incapacitated, the facility health services director or other responsible staff person may submit the application for the inmate. (b) Preliminary review. On receiving a notification to temporary release committee form requesting application for temporary release, the interviewer shall enter the application in the log and make several types of checks of the inmate's file before setting a date for his interview with the inmate. All subsequent steps shall be entered in the log where indicated. (c) Eligibility. The interviewer shall make sure that the inmate is statutorily or otherwise eligible for temporary release. (1) (i) An inmate must be within 24 months of possible release on parole. If the inmate has been held by the parole board, the inmate must be within 24 months of his parole release date (except for leaves of absence). (ii) Except as provided by paragraph (4) of this subdivision, an inmate's current commitment must not be the result of a conviction or a youthful offender adjudication (Y.O.) for any of the following violent felony offenses if the crime involved either the use or threatened use of a deadly weapon or a dangerous instrument or the crime involved the infliction of serious physical injury. Offense Penal Law Section Assault 2 120.05 Gang Assault 2 120.06 Gang Assault 1 120.07 Assault on a peace officer, police officer, fireman or emergency medical services professional 120.08 Assault 1 120.10 Aggravated Assault upon a police officer or a peace officer 120.11 Burglary 2 140.25 Burglary 1 140.30 Attempted Arson 1 150.20 Robbery 2 160.10 Robbery 1 160.15 Intimidating a victim or witness 1 215.17 Criminal Possession of a Weapon 2 265.03 Criminal Possession of a Dangerous Weapon 1 265.04 Criminal Use of a Firearm 2 265.08 Criminal Use of a Firearm 1 265.09 (iii) An inmate who can provide the TRC chairperson with a court-generated document or document generated by the Office of the District Attorney which establishes that his/her current commitment is for a subdivision of one of the above listed crimes which did not involve either the use or threatened use of a deadly weapon or a dangerous instrument or the infliction of serious physical injury as defined in the Penal Law, shall be otherwise eligible for temporary release. (2) (i) An inmate must never have been convicted of the following absconding or escape offenses which would make him/her ineligible for the program: Offense Penal Law Section Escape, third degree 205.05 Escape, second degree 205.10 Escape, first degree 205.15 Absconding, second degree 205.16 Absconding, first degree 205.17 Absconding from furlough 205.18 Absconding from a community treatment facility 205.19 (ii) Except as provided by paragraph (4) of this subdivision, an inmate's current commitment must not be the result of a conviction or youthful offender adjudication (Y.O.) for any of the following offenses which would make him/her ineligible for the program: Offense Penal Law Section Criminally Negligent Homicide 125.10 Vehicular Manslaughter 2 125.12 Vehicular Manslaughter 1 125.13 Manslaughter 2 125.15 Manslaughter 1 125.20 Murder 2 125.25 Murder 1 125.27 Abortion 2 125.40 Abortion 1 125.45 Issuing abortional articles 125.60 Sexual misconduct 130.20 Rape 3 130.25 Rape 2 130.30 Rape 1 130.35 Consensual sodomy 130.38 Sodomy 3 130.40 Sodomy 2 130.45 Sodomy 1 130.50 Sexual Abuse 3 130.55 Sexual Abuse 2 130.60 Sexual Abuse 1 130.65 Aggravated Sexual Abuse 3 130.66 Aggravated Sexual Abuse 2 130.67 Aggravated Sexual Abuse 1 130.70 Course of sexual conduct against a child 1 130.75 Course of sexual conduct against a child 2 130.80 Female genital mutilation 130.85 Aggravated harassment of an employee by an inmate 240.32 Incest 255.25 (3) Except as provided by paragraph (4) of this subdivision, an out-of-state conviction for any offense comparable to one listed in paragraphs (1) and (2) of this subdivision shall also be considered a bar to eligibility. Any conviction for attempt to commit an offense listed in paragraph (1) of this subdivision, other than a conviction for assault in the second degree, shall render an inmate ineligible. Any conviction for attempt to commit or conspiracy to commit an offense listed in paragraph (2) of this subdivision shall render an inmate ineligible. Additionally, subparagraphs (1)(i), (ii) and (iii) and paragraph (2) of this subdivision do not apply to inmates who were transferred to work release or residential treatment facilities on or before April 11, 1994, except, however, if such inmates are subsequently removed from either facility. (4) Conviction for homicide or assault shall not be considered a bar to eligibility if: (i) the victim of such homicide or assault was a member of the inmate's immediate family, i.e. the spouse, former spouse, parent, child, sibling, or any other person who regularly resides or who has resided in the household of the inmate, or had a child in common with the inmate; and (ii) the inmate was subjected to substantial physical, sexual, or psychological abuse by the victim of such homicide or assault; and (iii) such abuse was a substantial factor in causing the inmate to commit the homicide or assault. (5) No inmate shall be considered eligible for participation in the temporary release program if the inmate: (i) was eligible to participate in the shock incarceration program and chose not to participate in that program; or, (ii) entered the shock incarceration program but failed to successfully complete the program for any reason other than an intervening circumstance beyond the control of the inmate. (6) Outstanding warrants/detainers, commitments, open charges or immigration status. (i) The interviewer shall make sure that the inmate has none of the following warrants/detainers outstanding from any jurisdiction which would bar the inmate from participation in TRP: (a) Family Court warrant (except alimony, child support or paternity); (b) out-of-state or federal criminal detainer; (c) felony arrest warrant for a crime which is not barred by the statute of limitations, as provided by CPL section 30.10; (d) misdemeanor arrest warrant for a crime committed on or after the imposition of the inmate's indeterminate sentence of imprisonment which is not barred by the statute of limitations as provided by CPL section 30.10; (e) bench warrant; (f) violation of probation warrant, in or out-of-state, or out-of-state parole warrant; (g) immigration warrant; (h) military warrant; (i) securing order; or (j) if there is an indication of an active warrant and the warrant has not been filed at the facility, the interviewer must initiate correspondence to the issuing agency to determine the status of the warrant. If no response is received to official departmental communication within 30 days of the request, it will be construed that the warrant in question is no longer active and is not a bar to the inmate's participation in temporary release programs. (ii) The interviewer shall make sure that the inmate has none of the following commitments which would bar him from participation in temporary release: (a) concurrent and/or consecutive commitment to a local N.Y.S. jurisdiction for a definite sentence that will have to be served in local custody upon the inmate's release from this department's custody (unless the sentencing court has indicated in writing that there is no objection to the inmate's participation in temporary release programs); or (b) concurrent and/or consecutive out-of-state or Federal commitments, unless the other jurisdiction has paroled or released the inmate in writing, or the sentencing authority has submitted, in writing, that there is no objection to the inmate's participation in temporary release programs; or (c) a failure to respond to official communication within 30 days will be construed as an indication that no objection exists by the sentencing authority of the inmate's participation in a temporary release program. The letter to the sentencing authority must advise them of this 30-day deadline. (iii) All outstanding charges must be resolved, regardless if there are active warrants or not and regardless of the time frame. The following procedure will be operative: (a) Upon identification of an outstanding felony charge that is not barred by the statute of limitations, as provided by CPL section 30.10, the interviewer shall initiate correspondence with the appropriate court in order to ascertain whether the charge is still outstanding. (b) Upon identification of an outstanding misdemeanor charge for a crime committed on or after the imposition of the inmate's indeterminate sentence of imprisonment that is not barred by the statute of limitations as provided by CPL section 30.10, the interviewer shall initiate correspondence with the appropriate court in order to ascertain whether the charge is still outstanding. (c) A failure to respond to official communication within 30 days shall be construed as proof that the charge is no longer outstanding. After the 30 day period has elapsed, the inmate's application is to be processed using the information readily available. Open charges for which no disposition is received are not to be counted against the inmate in determining his point score. (d) Immigration status. (1) Prior to the processing of a temporary release program application, the Department of Correctional Services must request clarification of an alien inmate applicant's immigration status from the United States Immigration and Naturalization Service. The purpose of this inquiry is to determine the inmate's immigration status and to clarify whether the Immigration and Naturalization Service is going to commence deportation proceedings upon the inmate's release from State custody. (2) A letter must be forwarded to the Immigration and Naturalization Service regarding the possibility of deportation proceedings against the inmate. A failure by the Immigration and Naturalization Service to respond to an inquiry within 30 days will be construed as an indication by the Immigration and Naturalization Service that they do not intend to initiate deportation proceedings. The letter must advise them of the 30-day deadline. (3) An inmate shall be ineligible for temporary release consideration ifa response from the Immigration and Naturalization Service: (i) indicates deportation proceedings are underway; (ii) indicates a show cause order for deportation; (iii) there is an actual INS warrant on file. (7) Recent serious disciplinary infraction. The interviewer shall make sure that the inmate has not, in the eight weeks prior to application, been confined in special housing, keeplocked for longer than 30 days, or had any loss of good time. The eight-week period will be counted beginning with the first day after his release from confinement. Room/dorm restrictions are equivalent to keeplock. Applications will not be accepted from inmates while they are in special housing or keeplock. (8) Absconding from a temporary release program. The interviewer shall make sure that the inmate has not been found guilty of absconding from a temporary release program since September 1, 1977. Inmates found guilty in a disciplinary proceeding of returning more than 10 hours late beyond the time they were due shall be deemed absconders and, therefore, ineligible for temporary release. (9) Temporary release purpose (see section 1900.3 of this Part). (10) Time in system. (i) Inmates under sentence for offenses as described in Correction Law, section 851.2(a), (b) and (c), shall not be permitted to participate in temporary release programs if they have not served at least six months in custody. Jail time shall be credited toward that six-month requirement (except leave of absence). (ii) Inmates not under sentence for offenses as described in Correction Law, section 851.2 (a), (b) and (c), may apply for and be permitted to participate in temporary release programs upon reception provided that a parole eligibility date is known, and that they are in all other ways eligible and qualified pursuant to the Correction Law and the rules and regulations of the temporary release program. (iii) RPV's must serve at least six months state time after their most recent return before they can apply for temporary release. (iv) Interruptions in the serving of a sentence due to the inmate being out to court will not be counted toward the six-month custody requirement. (11) Application timing. Anyone whose last application for temporary release has been disapproved must wait at least eight weeks from date of original disapproval before reapplication for the same type of temporary release, unless otherwise directed to wait a longer period prior to reapplication except for leave of absence. (12) Youthful offender status. If the inmate is a youthful offender, the point system will not be used in deciding on his case. Youthful offenders will be treated as if they scored in the regular consideration range. They will appear before the temporary release committee and the temporary release committee will make the release decision. (d) Notice to inmate. The interviewer shall notify the inmate via the notification to inmate form of the results of the preliminary screening. The inmate should receive specific notice of statutory ineligibility, outstanding warrants, a serious disciplinary penalty, failure to follow furlough timing guidelines, improper furlough or leave of absence purpose and, if eligible, the time of his interview. (e) Scoring the application. The interviewer shall score the application using the temporary release point system on the application work sheet making one copy for his files, one for the inmate, and two copies for central office. The interviewer will then do the preliminary screening for those cases described in subdivision (n) of this section. There are 11 items in the point score system. Six are based on criminal history and five are based on behavior while under departmental custody. The items in the point system and the manner in which they should be scored are as follows: (1) Criminal history. (i) Prior incarceration(s) following adjudication, if within the last 10 years prior to his current incarceration the inmate has not been in jail or prison as a result of a conviction, he scores + 1 point. If the only incarceration in the last 10 years resulted from a misdemeanor or youthful offender adjudication, he scores 0 points. If he was incarcerated within the last 10 years for a felony adjudication, he scores -1 point. Sentences to time served are counted as incarceration after adjudication. (The 10-year period is counted back from the date of the current incarceration, excluding any period of incarceration in that time, in effect, extending the 10-year period by an equal amount of time.) (ii) Prior or subsequent felony convictions. (a) This item penalizes an inmate for felony convictions satisfied prior to his current incarceration and penalizes inmates for felony convictions resulting from criminal acts committed during the current period of incarceration. (b) If the instant offense(s) is the inmate's only felony conviction within the last 10 years, he scores 2 points. If he was convicted of a felony once before in the last 10 years, he scores 0 points. If in addition to the current conviction(s) and one additional prior conviction, he had other arrests resulting in a felony conviction (including an arrest and conviction subsequent to his instant reception and during the present incarceration), he scores -2 points. (c) If the inmate receives a felony conviction for a criminal act committed during his current period of incarceration and he has no prior felony convictions, he shall score + 0 points. Two or more subsequent felony convictions will score -2 points. (d) Where violation of probation or parole result in a new commitment(s), the felony on which the inmate was convicted resulting in that probation or parole, will be counted, for point score purposes, as a prior felony conviction(s). (The 10-year period is counted back from the date of the current incarceration, excluding any period of incarcerationin that time, in effect, extending the 10-year period by an equal amount of time.) (iii) Prior or subsequent misdemeanor convictions. (a) This item penalizes an inmate for misdemeanor convictions satisfied prior to his current incarceration and penalizes the inmate for misdemeanor convictions resulting from criminal acts committed during the current period of incarceration. (b) If the inmate has not been convicted of a misdemeanor within the last 10 years, he scores + 1 point. He scores + 0 points if he has been convicted of three or fewer misdemeanors in the last 10 years (including arrests and conviction subsequent to his instant reception and during the present incarceration). If he has been convicted of four or more misdemeanors within the past 10 years, (including arrests and convictionssubsequent to his instant reception and during the present incarceration), he scores -1 point. (c) If the inmate receives a misdemeanor conviction for a criminal act committed during his current period of incarceration and he has no prior misdemeanor convictions, he shall score + 0 points. Misdemeanor convictions resulting from acts committed during the present incarceration are counted the same as prior convictions. (The 10-year period is counted back from the date of the current incarceration, excluding any period of incarceration in that time, in effect, extending the 10-year period by an equal amount of time.) (iv) Outstanding warrants at time of or subsequent date of commitment. (+ 2 points if none, 0 points if 1 or more.) If an inmate had any outstanding criminal warrants at the time of his incarceration or had any lodged after he was incarcerated, he gets no points. He gets 2 points if he had no outstanding criminal warrants. Alimony, child support orpaternity warrants and warrants which the inmate can show were cleared solely for lack of evidence or solely due to mistaken identity shall not be counted. Those New York State parole violators returned to custody are scored as having no New York State parole warrants pending. (v) Previous arrest and conviction or revocation while on parole or probation in last 10 years (or subsequent to commitment date of current incarceration) if resulting from abscondence, rearrest or technical violation (+ 2 points if none, 0 points if one or more). (The 10-year period as counted back from the date of the current incarceration, excluding any period of incarceration in that time, in effect, extending the 10-year period by an equal amount of time.) If within the last 10 years, the inmate never had parole or probation revoked because he was arrested, he absconded or he technically violated, he gets 2 points. Otherwise, he gets no points. It is presumed in the absence of a formal revocation proceeding that parole or probation has been revoked following rearrest and conviction, or absconding. (vi) Nature of prior, current and subsequent convictions of crimes against the person within the last 10 years or subsequent to date of commitment of current incarceration (-6 points as noted below; -4 points as noted below; -2 points as noted below; 0 points if crime is not listed below or is an attempt of a crime not listed below. (The 10-year period is counted back from the date of current incarceration, excluding any period of incarceration in that time, in effect, extending the 10-year period by an equal amount of time.) (a) In this item, the more serious the crime against the person, the more points the inmate loses. Attempted crimes will be included in the same categories as completed crimes. (b) The inmate will lose 6 points if he has been convicted of any of the following crimes within the last 10 years: Offense Penal Law Section Murder in 1st degree § 125.27 Murder in 2nd degree § 125.25 Kidnapping 1st degree § 135.25 Kidnapping 2nd degree § 135.20 Rape in 1st degree § 130.35 Rape in 2nd degree § 130.30 Rape in 3rd degree § 130.25 Sodomy in 1st degree § 130.50 Sodomy in 2nd degree § 130.45 Sodomy in 3rd degree § 130.40 Sexual abuse 1st degree § 130.65 Incest § 255.25 Use of child in sexual § 263.05 performance Promoting an obscene sexual performance by a child § 263.10 Promoting a sexual performance by a child § 263.15 (c) He will lose 4 points if he has ever been convicted of any of thefollowing offenses within the last 10 years: Offense Penal Law Section Assault 1st degree § 120.10 Manslaughter 1st degree § 125.20 Manslaughter 2nd degree § 125.15 Arson 1st degree § 150.20 Arson 2nd degree § 150.15 Burglary 1st degree § 140.30 Robbery 1st degree § 160.15 Sexual misconduct § 130.20 Sexual abuse 2nd degree § 130.60 Sexual abuse 3rd degree § 130.55 Endangering the welfare § 260.10 of a child (d) He will lose 2 points if he has ever been convicted of any of the following crimes within the last 10 years: Offense Penal Law Section Criminal trespass 1st degree § 140.17 Robbery 2nd degree § 160.10 Robbery 3rd degree § 160.05 Criminally negligent § 125.10 homicide Assault 2nd degree § 120.05 Assault 3rd degree § 120.00 Firearms and other dangerous weapons § 265.01-265.15 Menacing § 120.15 Reckless endangerment § 120.25 1st degree Unlawful imprisonment § 135.10 Coercion 1st degree § 135.65 Riot 1st degree § 240.06 Arson 3rd degree § 150.10 Arson 4th degree § 150.05 Vehicular assault § 120.03 Vehicular manslaughter § 125.12 (e) If an inmate has even been convicted of more than one of these crimes, he is to be scored according to his most serious crime. For instance, if he has been convicted of manslaughter and second degree robbery, he would lose 4 points. (f) Youthful offender adjudicated offenses will not be considered in this item if the adjudication falls within the 10-year rule. (2) (i) Institutional behavior — program participation I (maximum 16 points). Participation months are used to calculate this score. (a) Participation month. A 30-day period of regular participation in either a program or work assignment within the two years prior to application. An inmate must participate in at least one segment of a day, five days per week, four weeks a month. The three segments of the participation day are morning, afternoon and evening. A program assignment must be supervised by a certified instructor or teacher. (b) Points. An inmate can earn up to 16 points for participating in programs and/or work assignments during the two years immediately prior to his application as follows: (1) Up to two points may be accumulated for each three month period the inmate participates in either a work assignment (1 point) and/or program participation (1 point). (2) Inmates in involuntary protective custody who have not had an opportunity to participate in programs shall be awarded 1 point for every six months spent in IPC during the two years immediately prior to hisapplication. (ii) Program participation II (maximum 1 point). An inmate may earn this point by accumulating eight months of participation in a program or work assignment for the period of 25-36 months prior to application. An inmate can earn 1 point by getting eight months credit for participation in programs or work assignment in the period 25-36 months prior to his application. He cannot earn this point unless he has been incarcerated for more than 24 months. (iii) Discipline I (maximum 4 points) (+ 1 point if 0 disciplinary proceeding decisions in the last three months imposing a loss of any privileges for 14 days or more, or any term of special housing or keeplock; + 1 point if one or fewer disciplinary proceeding decisions imposing such penalties in the last six months; + 1 point if two or fewer disciplinary proceeding decisions imposing such penalties in the last nine months; + 1 point if three or fewer disciplinary proceeding decisions imposing such penalties in the last 12 months. Good time lost will be equated to keeplock for point-scoring purpose). In this subparagraph an inmate can earn up to 4 points. He can earn a point for having a good disciplinary record over the last three months, another point for having a good record over the last six months, another point for having a good record over the last 9 months, and a fourth point for having a good record over the last year. Therefore, it is possible to score 0, 1, 2, 3, or 4 points on this item. An inmate gets 1 point for having no counted disciplinary proceedings in the last three months, another point for having one or fewer counted proceedings over the last six months, another point for having two or fewer counted proceedings over the last nine months, and another point for having three or fewer counted proceedings over the last 12 months. Only disciplinary proceedings resulting in penalties of keeplock or special housing, or 14 days or more loss of privileges are counted for the purposes of this item. Room/dorm restrictions are equivalent to keeplock. (iv) Discipline II (maximum 1 point). ( + 1 point if three or fewer disciplinary proceedings decisions imposing any term of special housing or decisions imposing any term of special housing or keeplock, or a loss of any privilege for 14 days or more in the period 12-24 months prior to application, provided that the inmate has been incarcerated at least 24 consecutive months in a New York State Department of Correctional Services facility at the time of application; 0 points if four or more). An inmate can earn 1 point on this item if he has been incarcerated for at least 24 months and if during the period 12-24 months prior to application he had three or fewer disciplinary proceedings resulting in any penalty of special housing or keeplock, or in a loss of privileges for 14 days or more. Room/dorm restrictions are equivalent to keeplock. (v) Temporary release record. (a) (-6 points if convicted of a crime (or arrested pending disposition of charges)) while on temporary release within the last year; -3 points if removed from work release or educational leave for disciplinary reasons other than rearrest within the last year; -3 points if convicted (or arrested, pending disposition of charges) while on temporary release within the period 13-24 months prior to application; -2 points if within the last six months returned late or under the influence of drugs or alcohol or violated any temporary release program rules other than by rearrest or by disciplinary removals specified above; + 2 points if most recent unescorted participation on temporary release was successful and occurred during the past year; or + 4 points if the two most recent unescorted participations on temporary release were successful and occurred during the past year; 0 points if none of the above). (b) This subparagraph gives an inmate points if he has been out successfully on temporary release. It takes away points if he was out on temporary release and violated the conditions of his release. He gets no points if he has never been out on unescorted temporary release. This item applies only to temporary release participation during the current period of incarceration. A returned parole violator's term of incarceration is deemed to begin on the date of his latest return as a parole violator. (c) If his most recent unescorted participation in temporary release was a success and took place in the last year during his current incarceration, he gets 2 points. If the two most recent participations on temporary release were a success and took place in the last year during his current incarceration, he gets 4 points. He gets no points if it took place more than one year ago or was an escorted or a supervised group activity, or if he has had his parole revoked since his last successful participation in temporary release. (d) Under the new temporary release law, effective September 1, 1977, anyone who, after disciplinary proceedings, has been found to be an absconder shall be ineligible for participation in temporary release. (e) He will lose 3 points if during the last year he has been removed from a work or educational release program for reasons other than rearrest. (f) He will lose 2 points if within the last six months he has violated any temporary release program rules other than by rearrest or by disciplinary removals specified above. (g) If any of these violations took place over six months ago, he loses no points. In figuring out the point score for this item an inmate may lose points on some things and gain some on others. For instance, if he was removed from work release for reasons other than rearrest or absconding 10 months ago, he would lose 3 points. But if the last furlough six months ago was a success, he would gain 2 points. His overall point score for subparagraph (ii) of this paragraph is -1 (-3 + (+2)) = -1. (3) Total score. (i) After each individual has been scored, the number of points is totaled. A standard adjustment, +26 points, is added to that total to assure the final score is not negative. (ii) There are four scoring ranges: low-denied, low-O.D., nonstatutory high, and refer to temporary release committee. Low-denied scores cannot be accepted into temporary release programs. Other scores will be referred to the temporary release committee for decision, except the nonstatutory high, which is referred directly to the superintendent. (f) Schedule inmate meeting. If the preliminary check reveals that the inmate is eligible for temporary release, the interviewer will schedule a meeting with the inmate. (g) Interviewer meets with inmate. After scoring the application and preliminary screening for central office review categories, the interviewer shall meet with the inmate to explain how his application was scored and the range into which he falls. Possible inclusion in a statutory review or special review category shall be noted, where necessary, if the inmate scores in the regular consideration range. Inmates who score in the low-range should be informed of low-O.D. status, when applicable. Any disputes about information used to score the application shall be noted by the interviewer. (h) Verification. (1) If there is no indication in the files that information is inaccurate, the interviewer must require the inmate to provide some proof that the information in the file is wrong. The inmate may also be referred to Freedom of Information Act procedures regarding access to inmate files. However, if it appears that information in the file may be incorrect and it also appears that the inmate might have some difficulty in obtaining the correct information, the interviewer should attempt to verify the information. At the close of the interview, the interviewer shall give the inmate a copy of the application work sheet. (2) To confirm an inmate's eligibility pursuant to 1900.4(c)(4) above, the interviewer shall: (i) review all available inmate records to determine if official documentation exists to verify that the inmate was subjected to substantial physical, sexual, or psychological abuse, committed by the victim, and that such abuse was a substantial factor in causing the inmate to commit the crime. This documentation may include, but is not limited to, witness statements, social service records, hospital records, and law enforcement records, and a showing based in part on documentation prepared at or near the time of the commission of the offense or the prosecution thereof tending to support the inmate's claim; and (ii) send letters to the prosecuting district attorney and the sentencing court requesting opinions on the inmate's claim of eligibility for temporary release pursuant to section 1900.4(c) above and advising that responses will be taken into consideration if received within 45 days. (i) Determination of official score. After the interview, the inmate has two work days to challenge information used in the point score. At the end of that time, if the inmate has not challenged the scoring, or as soon as all disputes have been resolved, the interviewer shall refer the scored application to the temporary release committee chairperson. (j) Temporary release committee chairperson reviews official score. The chairperson will then review the score which becomes official upon his approval. He will also check the file to determine possible low-point status or possible inclusion in statutory review or special review categories. (1) a Low-point inmate who would not normally be considered for temporary release because he scores in the low range, may be considered for release by the temporary release committee if one of the following conditions applies: (i) he has been given an O.D. (community preparation open date) statusby the parole board and central office approval has been obtained; (ii) he is a graduate of the shock incarceration program; (iii) he is a graduate of the CASAT annex program; (iv) he is a first felony offender who legally would have been eligible to receive a sentence of probation instead of the sentence of imprisonment that was actually imposed. (2) Youthful offenders. Point score cannot be used in determining the case if the inmate is a youthful offender. (3) The chairperson will then schedule an interview for all inmates scoring in the regular consideration range or low-O.D. range. Notice of hearing forms will be prepared and sent out by the chairperson. (k) Notification of official score. Inmates shall be notified of their official point score, the range into which it falls, and any scheduled appearance before the temporary release committee via the notification to inmate form. (l) Appearance before the temporary release committee and notice of decision. (1) When an inmate's application for temporary release falls in the regular consideration or low-O.D. range, the temporary release committee will decide whether to approve or to deny his application, except on cases where a high point score of 40 or more will be considered equivalent to temporary release committee approval for furlough only and only for those inmates who (i) are not serving sentences for crimes described in section 851(2); (ii) are not designated as a CMC; (iii) are not low-O.D. cases; and (iv) are not cases which fall into the special review categories. (2) Inmate appearance before the temporary release committee. The temporary release committee will schedule a personal interview with all initial application candidates. When subsequently applying, an inmate may, in writing, waive his right to the interview. After meeting the inmate, the temporary release committee will approve or disapprove a candidate for temporary release. The committee's decision shall be made at a meeting of the full committee. A decision to approve an application for temporary release must be approved by a majority vote of all three committee members. (For incapacitated inmates, this appearance may be waived.) CPOD inmates approved by central office for participation in temporary release at the Fulton Correctional Facility must appear before the Fulton Correctional Facility's temporary release committee, only when central office so stipulates. In making its decision, the committee should center its attention on the inmate's score on the 11 items in the point-scoring system and on their interview with the inmate as well as the other methods of evaluating inmates, including specific recommendations of the professional staff. Committee members may also take note of those aspects of the applicant's record not formally taken into account by the point system, such as the quality of the inmate's performance in programs or on work assignment, performance in other correction systems where concurrent sentence has been served and where information is available, or the nature of prior disciplinary infractions. The committee shall also take into account any factors, besides the items in the point system, which, in their best judgment, they find significant. In general, the applicant's ability to profit from participation in temporary release should be weighed against whatever risk to the community or to the program would be posed by his release. (3) Review of the file. When examining the file, the committee should pay careful attention to the circumstances surrounding the offense to determine as accurately as possible the nature of the offense. If it is a crime of violence against a person, the degree of aggressiveness involved and whether it resulted in serious physical injury to any party, or involved the use of a weapon should be established. The testimony of the applicant and the degree and nature of the crime of conviction as well as any presentence or sentencing documents should be considered in determining the circumstances of the crime. This procedure is of particular importance when reports detailing criminal behavior are conflicting. (4) Standard for referral. Inmates should be denied temporary release if their presence in the community or in minimum security institutions would pose an unwarranted threat to their own or public safety, if public reaction is such that the inmate's successful participation in the program would be made difficult and public acceptance of the temporary release program would be jeopardized, or if there is substantial evidence to indicate the inmate cannot successfully complete his requested temporary release program. Should the case warrant, the inmate may be told not to reapply for the program requested. (5) If at any stage in the approval process, new or additional information in the case becomes available, the temporary release committee chairperson shall review that information to determine whether this information could effect the decision made by the temporary release committee. If he finds in the positive, the temporary release committee shall then review that new information, meet with the inmate and render an official updated decision, even if it remains the same as the original. That information will be conveyed to central office, regardless of the outcome of the temporary release committee's decision and regardless of whether the chairperson refers it to the temporary release committee. (m) Approved applications by the TRC shall be forwarded to the superintendent accompanied by any supporting documentation. The superintendent shall review the application and supporting documentation in deciding to accept or reject the application. (1) If the superintendent rejects the program, he shall state his reasons in writing and a copy of his statement shall be given to the inmate. A copy of such statement shall also be immediately forwarded to the director of TRP, central office, along with any supporting documentation. Inmates will be informed by the commissioner, in writing, whether the superintendent's decision is accepted or rejected. (2) If the superintendent approves the program, he shall indicate such approval, in writing, by signing the memorandum of agreement or the application, or both, whichever applies. (n) Referral to central office. The following types of applications must be referred to central office for review and approval before release. A completed form TRP-10, application evaluation form (4131/4147), a copy of the up-to-date warden's card along with any other pertinent information must be sent to central office for review. (1) Statutory review categories. Instant offenses involving the possession, use or threatened use of a weapon; a case resulting in prolonged physical injury, disability or death of the victim; a sexual offense by forcible compulsion. Final approval for statutory review cases rests with the commissioner. Serious physical injury means physical injury which creates a substantial risk of death, injury which causes death, or injury which causes serious and protracted impairment of health or protracted loss or impairment of the function of any body organ. (2) Central monitoring cases (CMC). A CMC case must also be approved by the commissioner or his designee. (3) Low-O.D. cases. Final authority rests with the commissioner. Under no circumstances shall any temporary release application for inmates within the aforementioned categories be deemed approved without central office approval. (4) Special review categories: (i) any prior or instant arson-related convictions; (ii) prior or instant sex-related felonies; (iii) any convictions for conspiracy, criminal facilitation or criminal solicitation, involving cases which would normally be considered "statutory" in nature; (iv) cases with three or more felony convictions, including any YO adjudications or felony offenses; (v) prior/current parole violations and/or prior temporary release program violations or removals; (vi) history of mental instability cases (MI). An inmate will be a mental instability central office review case if any one or more of the following factors is found in his case history: (a) prior hospitalization for mental illness, including treatment in a military hospital; (b) a prior suicide attempt; (c) prior referral to a hospital or institutional unit (such as Matteawan) for psychiatric diagnosis and evaluation; (d) any contradictions noted by mental hygiene staff; (e) a history of prolonged treatment for mental illness as an in or out-patient sufficient to suggest that the inmate's participation in temporary release programs would create an undue risk to the safety of the community or to himself; (vii) any kidnapping convictions; and (viii) if medical attention is required by a victim(s) or bystander(s) as a result of an instant offense (if not already a statutory case). While the commissioner need not approve special review cases, the director of temporary release programs or his designee will make the final determination. (5) Nonstatutory work release and special review cases from facilities not utilizing the 4131 form. When these cases are received in central office and reviewed, a 4131 form will be completed and point-score eligibility applied. (6) Applicants whose eligibility was established pursuant to 1900.4(c)(4) above. Copies of official documentation used to verify the abuse, and letters sent to the district attorney and to the sentencing court and responses, if any, shall be transmitted to the Central Office Temporary Release at the same time as the application. Any responses received after 45 days shall be immediately transmitted to the Central Office Temporary Release.
  #12  
Old 04-09-2005, 09:22 AM
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WHAT IS MERIT TIME?

Under the Laws of 1997, Section 803 of Corrections Law was amended establishing a Merit Time provision. Under this provision, early release may be granted to inmates meeting certain criteria. Inmates meeting these criteria for early release are eligible for a parole board interview.

If you are serving an indeterminate sentence and meet the criteria below, you may be eligible for a Merit Time allowance equal to one sixth of your minimum term. This allowance is then applied to your minimum term to determine when you would be eligible for early release.

For example, if you are serving an indeterminate sentence with a minimum term of six years, your Merit Time allowance would equal one year. When this allowance is applied to your minimum term, you would be eligible for early release by the Parole Board after serving five years.

To qualify for this allowance, you must be sentenced to an indeterminate term where the minimum is more than one year. You are not eligible for Merit Time if you are serving a sentence for any of the following:

An A-I felony offense
A Penal Law sec. 70.02 violent felony offense
manslaughter 2d degree;
vehicular manslaughter 1st degree;
criminally negligent homicide;
Penal Law Articles 130 and 263 offenses, or
incest
If your crime of conviction does not fall within any of the above categories, to qualify for Merit Time, you must also have successfully participated in a work or treatment program assigned pursuant to Corrections Law and have accomplished one of the following:

earned a GED;
acquired an ASAT Certificate; or
earned a Vocational Trade Certificate after 6 months of vocational programming, or
performed 400 hours of community service on a work crew.
Merit Time may be withheld if, while incarcerated, you have incurred a serious disciplinary infraction, or you have initiated a frivolous lawsuit, or have had sanctions imposed against you under Rule 11 of the Federal Rules of Civil Procedure for litigation that you have commenced against the state or its employees.
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Old 04-12-2005, 05:10 PM
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I am a little confused about the legislation, I looked this up on the NYS Assembly, so is this now a law or is it still a bill waiting to be voted on?

2005-2006 Regular Sessions

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

February 1, 2005
___________

IN SENATE -- Introduced by Sens. MONTGOMERY, DILAN, DUANE, PARKER, SAMP-
SON, M. SMITH -- 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. CLARK -- read once and referred to
the Committee on Correction

AN ACT to amend the correction law and the executive law, in relation to
merit time allowance and release for prisoners accumulating merit time
allowance and to repeal certain provisions of the correction law
relating thereto

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Legislative intent. It is the purpose of this act to
2 strengthen the ability of the department of correctional services to
3 better manage its inmate population through the granting or withholding
4 of merit time allowance credits. This new system seeks to prevent the
5 early conditional release of ill-prepared inmates, while offering
6 release only to those inmates who have demonstrated a willingness and
7 ability to work in society through completion of therapeutic and treat-
8 ment programs prescribed by the department of correctional services.
9 S 2. Section 803 of the correction law is REPEALED and a new section
10 803 is added to read as follows:
11 S 803. MERIT TIME ALLOWANCE AGAINST INDETERMINATE SENTENCES. 1. EVERY
12 PERSON CONFINED IN AN INSTITUTION OF THE DEPARTMENT OR A FACILITY IN THE
13 DEPARTMENT OF MENTAL HYGIENE SERVING AN INDETERMINATE SENTENCE OF IMPRI-
14 SONMENT, MAY RECEIVE MERIT ALLOWANCES AGAINST THE MAXIMUM AND MINIMUM
15 TERMS OR PERIOD OF HIS OR HER SENTENCE NOT TO EXCEED IN THE AGGREGATE
16 ONE-THIRD OF THE TERM OR PERIOD IMPOSED BY THE COURT, EXCEPT THAT NO
17 MERIT TIME ALLOWANCE SHALL DECREASE THE MINIMUM TERM OR PERIOD TO LESS
18 THAN ONE YEAR, AND NO MERIT TIME ALLOWANCE SHALL BE CREDITED TO THE
19 MAXIMUM PERIOD OF A PERSON SERVING A SENTENCE WITH A MAXIMUM TERM OF

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03206-01-5

S. 1701 2 A. 3230

1 LIFE. SUCH ALLOWANCES MAY BE GRANTED FOR GOOD BEHAVIOR AND EFFICIENT
2 AND WILLING PERFORMANCE OF DUTIES ASSIGNED OR PROGRESS AND ACHIEVEMENT
3 IN AN ASSIGNED TREATMENT OR EDUCATION PROGRAM, AND MAY BE WITHHELD IN
4 WHOLE OR IN PART FOR BAD BEHAVIOR, VIOLATION OF INSTITUTIONAL RULES OR
5 FAILURE TO PERFORM PROPERLY IN THE DUTIES OR PROGRAM ASSIGNED.
6 2. IF A PERSON IS SERVING MORE THAN ONE SENTENCE, THE AUTHORIZED
7 ALLOWANCES MAY BE GRANTED SEPARATELY AGAINST THE MAXIMUM AND MINIMUM
8 TERMS OF EACH SENTENCE OR, WHERE CONSECUTIVE SENTENCES ARE INVOLVED,
9 AGAINST THE AGGREGATE MAXIMUM AND MINIMUM TERMS. IN NO CASE, HOWEVER,
10 SHALL THE TOTAL OF ALL ALLOWANCES GRANTED TO ANY SUCH PERSON UNDER THIS
11 SECTION EXCEED ONE-THIRD OF THE MAXIMUM TIME HE OR SHE WOULD BE REQUIRED
12 TO SERVE, COMPUTED WITHOUT REGARD TO THIS SECTION. NO MERIT TIME ALLOW-
13 ANCE SHALL DECREASE THE MINIMUM TERM TO LESS THAN ONE YEAR.
14 3. THE COMMISSIONER OF CORRECTIONAL SERVICES SHALL PROMULGATE RULES
15 AND REGULATIONS FOR THE GRANTING AND WITHHOLDING OF MERIT TIME ALLOW-
16 ANCES AUTHORIZED BY THIS SECTION IN ACCORDANCE WITH THE CRITERIA HEREIN
17 SPECIFIED. SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESIG-
18 NATING A MERIT TIME ALLOWANCE COMMITTEE IN EACH CORRECTIONAL INSTITUTION
19 DELEGATED TO MAKE DISCRETIONARY DETERMINATIONS WITH RESPECT TO THE
20 ALLOWANCES, THE BOOKS AND RECORDS TO BE KEPT, AND A PROCEDURE FOR REVIEW
21 OF THE INSTITUTIONAL DETERMINATIONS BY THE COMMISSIONER. SUCH COMMITTEE
22 SHALL REVIEW THE RECORD OF EACH INDIVIDUAL INMATE EVERY SIX MONTHS
23 BEGINNING FROM THE DATE OF HIS OR HER ENTRANCE AT SUCH INSTITUTION. THE
24 COMMITTEE SHALL THEN DETERMINE, BASED ON THE FACTORS FOR WHICH ALLOWANCE
25 TIME IS GRANTED, WHETHER OR NOT TO GRANT ALLOWANCE TIME TO THE INMATE.
26 FOR EACH SIX MONTH REVIEW PERIOD, AN INMATE MAY BE GRANTED MERIT TIME
27 WHICH MAY REDUCE BY UP TO ONE-THIRD AN INMATE`S MINIMUM SENTENCE FOR
28 THAT SIX MONTH REVIEW PERIOD. IF AN INMATE IS NOT GRANTED MERIT TIME FOR
29 THE SIX MONTH REVIEW PERIOD, HE OR SHE CANNOT EARN ADDITIONAL MERIT TIME
30 IN ANY SUBSEQUENT SIX MONTH REVIEW PERIOD TO MAKE UP FOR MERIT TIME
31 WHICH HAS NOT BEEN GRANTED. ADDITIONALLY, AN INMATE WHO HAS BEEN GRANTED
32 MERIT TIME DURING A SIX MONTH REVIEW PERIOD SHALL NOT LOSE SUCH MERIT
33 TIME DURING A SUBSEQUENT SIX MONTH REVIEW PERIOD FOR BAD BEHAVIOR,
34 VIOLATION OF INSTITUTIONAL RULES OR FAILURE TO PERFORM PROPERLY IN THE
35 DUTIES OR PROGRAM ASSIGNED.
36 4. ALL MERIT TIME ALLOWANCES EARNED PURSUANT TO THIS SECTION SHALL BE
37 VESTED, ON A ONE DAY FOR EVERY THREE DAYS BASIS, EXCEPT AS MODIFIED BY
38 OTHER PROVISIONS OF THIS CHAPTER.
39 5. MERIT TIME ALLOWANCES GRANTED PRIOR TO ANY RELEASE ON PAROLE SHALL
40 BE FORFEITED AND SHALL NOT BE RESTORED IF THE PAROLED PERSON IS RETURNED
41 TO AN INSTITUTION UNDER THE JURISDICTION OF THE STATE DEPARTMENT OF
42 CORRECTIONAL SERVICES FOR VIOLATION OF PAROLE BY REASON OF A CONVICTION
43 FOR A CRIME COMMITTED WHILE ON PAROLE. A PERSON WHO IS SO RETURNED MAY,
44 HOWEVER, SUBSEQUENTLY RECEIVE MERIT TIME ALLOWANCES AGAINST THE REMAIN-
45 ING PORTION OF HIS OR HER MAXIMUM OR AGGREGATE MAXIMUM TERM OR PERIOD
46 NOT TO EXCEED IN THE AGGREGATE ONE-THIRD OF SUCH PORTION PROVIDED SUCH
47 REMAINING PORTION OF HIS OR HER MAXIMUM OR AGGREGATE MAXIMUM TERM OR
48 PERIOD IS MORE THAN ONE YEAR.
49 6. UPON COMMENCEMENT OF AN INDETERMINATE SENTENCE THE PROVISIONS OF
50 THIS SECTION SHALL BE FURNISHED TO THE PERSON SERVING THE SENTENCE AND
51 THE MEANING OF SAME SHALL BE FULLY EXPLAINED TO HIM OR HER BY A PERSON
52 DESIGNATED BY THE COMMISSIONER TO PERFORM SUCH DUTY.
53 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER MERIT TIME
54 ALLOWANCE IS CLAIMED AGAINST THE MINIMUM TERM OR PERIOD OF IMPRISONMENT,
55 IT SHALL SERVE ONLY TO ALLOW SUCH PERSON, IN THE SOLE DISCRETION OF THE
56 STATE PAROLE BOARD, TO BE RELEASED ON PAROLE. WHENEVER MERIT TIME ALLOW-

S. 1701 3 A. 3230

1 ANCE IS CLAIMED AGAINST THE MAXIMUM TERM OR PERIOD OF IMPRISONMENT, AND
2 THE MAXIMUM TERM LESS ACCUMULATED MERIT TIME ALLOWANCE CREDITS EQUALS
3 THE PERSON`S TIME SERVED, SUCH PERSON SHALL BE RELEASED TO PAROLE SUPER-
4 VISION.
5 8. EVERY PERSON WHO IS INCARCERATED ON THE EFFECTIVE DATE OF THIS
6 SUBDIVISION SHALL BE ENTITLED TO NO MORE THAN ONE MONTH OF MERIT TIME
7 ALLOWANCE FOR EVERY THREE MONTHS SERVED TO BE CREDITED AGAINST THE MINI-
8 MUM AND MAXIMUM TERMS OR PERIODS OF IMPRISONMENT. THE AMOUNT OF CREDITS
9 ACTUALLY AWARDED SHALL BE DETERMINED BY THE MERIT TIME ALLOWANCE COMMIT-
10 TEE AND APPLIED RETROACTIVELY. EVERY PERSON WHO IS INCARCERATED ON THE
11 EFFECTIVE DATE OF THIS SUBDIVISION, AND WHO HAS ALREADY SERVED HIS MINI-
12 MUM TERM, SHALL BE EVALUATED RETROACTIVELY FOR EARNED ELIGIBILITY
13 CERTIFICATION.
14 S 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
15 law, as separately amended by section 11 of part E and section 9 of part
16 F of chapter 62 of the laws of 2003, is amended to read as follows:
17 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
18 least one month prior to the date on which an inmate may be paroled
19 pursuant to subdivision one of section 70.40 of the penal law LESS ANY
20 ACCUMULATED MERIT TIME ALLOWANCE CREDITS, a member or members as deter-
21 mined by the rules of the board shall personally interview such inmate
22 and determine whether he OR SHE should be paroled in accordance with the
23 guidelines adopted pursuant to subdivision four of section two hundred
24 fifty-nine-c of this article. If parole is not granted upon such review,
25 the inmate shall be informed in writing within two weeks of such appear-
26 ance of the factors and reasons for such denial of parole. Such reasons
27 shall be given in detail and not in conclusory terms. The board shall
28 specify a date not more than twenty-four months from such determination
29 for reconsideration, and the procedures to be followed upon reconsider-
30 ation shall be the same. If the inmate is released, he OR SHE shall be
31 given a copy of the conditions of parole. Such conditions shall where
32 appropriate, include a requirement that the parolee comply with any
33 restitution order, mandatory surcharge, sex offender registration fee
34 and DNA databank fee previously imposed by a court of competent juris-
35 diction that applies to the parolee. The board of parole shall indicate
36 which restitution collection agency established under subdivision eight
37 of section 420.10 of the criminal procedure law, shall be responsible
38 for collection of restitution, mandatory surcharge, sex offender regis-
39 tration fees and DNA databank fees as provided for in section 60.35 of
40 the penal law and section eighteen hundred nine of the vehicle and traf-
41 fic law.
42 (ii) Any inmate who is scheduled for presumptive release pursuant to
43 section eight hundred six of the correction law shall not appear before
44 the parole board as provided in subparagraph (i) of this paragraph
45 unless such inmate`s scheduled presumptive release is forfeited,
46 canceled, or rescinded subsequently as provided in such law. In such
47 event, the inmate shall appear before the parole board for release
48 consideration as provided in subparagraph (i) of this paragraph as soon
49 thereafter as is practicable.
50 S 4. Paragraph (a) of subdivision 2 of section 259-i of the executive
51 law, as amended by chapter 396 of the laws of 1987, is amended to read
52 as follows:
53 (a) At least one month prior to the expiration of the minimum period
54 or periods of imprisonment fixed by the court or board, LESS ANY ACCUMU-
55 LATED MERIT TIME ALLOWANCE CREDITS, a member or members as determined by
56 the rules of the board shall personally interview an inmate serving an

S. 1701 4 A. 3230

1 indeterminate sentence and determine whether he OR SHE should be paroled
2 at the expiration of the minimum period or periods in accordance with
3 the guidelines adopted pursuant to subdivision four of section two
4 hundred fifty-nine-c OF THIS ARTICLE. If parole is not granted upon such
5 review, the inmate shall be informed in writing within two weeks of such
6 appearance of the factors and reasons for such denial of parole. Such
7 reasons shall be given in detail and not in conclusory terms. The board
8 shall specify a date not more than twenty-four months from such determi-
9 nation for reconsideration, and the procedures to be followed upon
10 reconsideration shall be the same. If the inmate is released, he OR SHE
11 shall be given a copy of the conditions of parole. Such conditions
12 shall, where appropriate, include a requirement that the parolee comply
13 with any restitution order and mandatory surcharge previously imposed by
14 a court of competent jurisdiction that applies to the parolee. The board
15 of parole shall indicate which restitution collection agency established
16 under subdivision eight of section 420.10 of the criminal procedure law,
17 shall be responsible for collection of restitution and mandatory
18 surcharge as provided for in section 60.35 of the penal law and section
19 eighteen hundred nine of the vehicle and traffic law.
20 S 5. Paragraph (c) of subdivision 2 of section 259-i of the executive
21 law, as separately amended by chapters 40 and 126 of the laws of 1999,
22 is amended to read as follows:
23 (c) {(A)} (I) Discretionary release on parole shall not be granted
24 merely as a reward for good conduct or efficient performance of duties
25 while confined but after considering if there is a reasonable probabili-
26 ty that, if such inmate is released, he OR SHE will live and remain at
27 liberty without violating the law, and that {his} SUCH release is not
28 incompatible with the welfare of society and will not so deprecate the
29 seriousness of his OR HER crime as to undermine respect for law. In
30 making the parole release decision, the guidelines adopted pursuant to
31 subdivision four of section two hundred fifty-nine-c of this article
32 shall require that the following be considered: (i) the institutional
33 record including program goals and accomplishments, academic achieve-
34 ments, vocational education, training or work assignments, therapy and
35 interpersonal relationships with staff and inmates AND THE RECOMMENDA-
36 TIONS OF THE APPROPRIATE MERIT TIME ALLOWANCE COMMITTEE ESTABLISHED
37 UNDER SUBDIVISION THREE OF SECTION EIGHT HUNDRED THREE OF THE CORRECTION
38 LAW; (ii) performance, if any, as a participant in a temporary release
39 program; (iii) release plans including community resources, employment,
40 education and training and support services available to the inmate;
41 (iv) any deportation order issued by the federal government against the
42 inmate while in the custody of the department of correctional services
43 and any recommendation regarding deportation made by the commissioner of
44 the department of correctional services pursuant to section one hundred
45 forty-seven of the correction law; and (v) any statement made to the
46 board by the crime victim or the victim`s representative, where the
47 crime victim is deceased or is mentally or physically incapacitated. The
48 board shall provide toll free telephone access for crime victims. In
49 the case of an oral statement made in accordance with subdivision one of
50 section 440.50 of the criminal procedure law, the parole board member
51 shall present a written report of the statement to the parole board. A
52 crime victim`s representative shall mean the crime victim`s closest
53 surviving relative, the committee or guardian of such person, or the
54 legal representative of any such person. Such statement submitted by
55 the victim or victim`s representative may include information concerning
56 threatening or intimidating conduct toward the victim, the victim`s

S. 1701 5 A. 3230

1 representative, or the victim`s family, made by the person sentenced and
2 occurring after the sentencing. Such information may include, but need
3 not be limited to, the threatening or intimidating conduct of any other
4 person who or which is directed by the person sentenced. Notwithstanding
5 the provisions of this section, in making the parole release decision
6 for persons whose minimum period of imprisonment was not fixed pursuant
7 to the provisions of subdivision one of this section, in addition to the
8 factors listed in this paragraph the board shall consider the factors
9 listed in paragraph (a) of subdivision one of this section.
10 {(B)} (II) Where a crime victim or victim`s representative as defined
11 in subparagraph {(A)} (I) of this paragraph, or other person submits to
12 the parole board a written statement concerning the release of an
13 inmate, the parole board shall keep that individual`s name and address
14 confidential.
15 S 6. This act shall take effect on the ninetieth day after it shall
16 have become a law, provided that the amendments to paragraph (a) of
17 subdivision 2 of section 259-i of the executive law made by section
18 three of this act shall be subject to the expiration and reversion of
19 such paragraph pursuant to subdivision d of section 74 of chapter 3 of
20 the laws of 1995, as amended, when upon such date the provisions of
21 section four of this act shall take effect.
.SO DOC C 1701/3230 *END* BTXT 2005
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  #14  
Old 04-12-2005, 09:01 PM
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Nothing has replaced CR as far as I know ...
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Old 04-14-2005, 07:35 PM
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Default Has Anyone Heard About the Merit Bill?

I was told that there was a Bill introduced to Congress called The Merit Bill. I was also given a telephone number in Albany in which to call to voice support or opposition of said Bill. Anyone know anything about this? Is it a scam?
  #16  
Old 04-16-2005, 09:55 AM
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Quote:

IN SENATE -- Introduced by Sens. MONTGOMERY, DILAN, DUANE, PARKER, SAMP-
SON, M. SMITH -- 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. CLARK -- read once and referred to
the Committee on Correction
This has been "passed" but it's not yet a LAW. If it becomes a Law, it will go into effect 90 days after. We still have to have Pataki sign it into law and what are those chances???

Last edited by LilBabyL; 04-16-2005 at 09:59 AM.. Reason: forgot to add quote
  #17  
Old 04-16-2005, 10:06 AM
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please post when this bill is made LAW and put into affect if you know and can share this information, thanks
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Old 04-16-2005, 05:44 PM
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Default bill

I'm sorry for the slow response. I haven't checked this post in a while. I think LilBabyL is correct. I did hear about the 90 days. I was under the impression, it would become law to help with the overcrowded problem? My fiance heard about it in prison too. That's all I know.
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Old 04-16-2005, 05:59 PM
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Gawd, the way these people TALK! (DOCS and legislators.) Pass the Excedrin or somethin, quick!
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  #20  
Old 04-18-2005, 07:53 AM
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The number to call to support Senate Bill 1701 (Merit Time) is 1-518-474-8390. All you have to do is call and state bill name (Senate Bill 1701) and say you support it.
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Old 04-18-2005, 02:23 PM
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Default New York Merit Time Bill S1701

Hello Everyone,

Is this really going to be signed??? Isn't this great if this really happens. I think I will pass out...
I don't think my husband will get approved on the first board but maybe on the next date they would give him. It said every 6 months they will be reviewed.

Is anyone else's boyfriend/husband also serving more than 5 or 10 years (not life but violent offender) that would be entitled to this?

Let me know your input...

chris
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Old 04-19-2005, 09:25 AM
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Hi everyone.
I've been reading these posts with my hopes going up and down like a roller coaster. My guy has almost 11 years in. We have heard a lot about this bill, but have no idea if it will help us at all. I've been trying to get that phone number out there for people to call in support of it. His counselor told him to forget about it because it'll never be made a law.
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Old 04-19-2005, 10:55 AM
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Another question for Mrs. G. the merit time S1701 doesnt say anything that it doesnt pertain to violent... It says it will not be for inmates that have life...
If my husband has 10 more years until his parole, and is under violent offender wouldnt they consider him (also other inmates) that are maintaining good behavior, go on the FRP visits (have to have good behavior to go on trailers) did their programs...
Who should I talk to about this?
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Old 04-19-2005, 05:31 PM
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I do not think VO's qualify for this ....They can qualify for Conditional Release, and that means they have to serve at least 65% of the total time given. but again, all I know is what is posted here on Merit Time, maybe Renegade or someone else can answer this for you.
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  #25  
Old 04-28-2005, 05:28 PM
bishopnsandy bishopnsandy is offline
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Default Question

If I am understanding this, merit time as well as work release, violent offenders and those with a flat bid are not eligible???
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