Merit Time Time Bill A08024 Is Not The Same As S1701

[chrispro]

Relates to the accrual of merit time by certain inmates.

TITLE OF BILL: An act to amend the correction law, in relation to merit
time allowances

PURPOSE:

This bill would allow domestic violence survivors incarcerated for
committing crimes against their abusers, or as a result of the abuse
they have endured, to earn merit time and participate in temporary
release programs.

SUMMARY OF PROVISIONS:

This bill allows inmates who are able to prove that they were subjected
to substantial physical, sexual or psychological abuse, that the abuse
was inflicted by a member of their same family or household as that term
is defined in Section 459-a of the Social Services Law, and that the
abuse was a substantial factor in causing them to commit the crime to be
eligible to earn merit time in the amount of one-third off either their
minimum sentence (if inmate has an indeterminate sentence) or their flat
sentence (if inmate has a determinate sentence). This bill expands the
criteria that a person in custody of the Department of Correctional
Services (DOCS) must meet in order to earn merit tune.

This bill also amends New York`s temporary release statute to include
the definition of family member included in Section 459-a of New York`s
Social Services Law.

JUSTIFICATION:

Over the past 30 years, domestic violence has been increasingly recog-
nized as a serious national problem. Battering is the number one cause
of injury to women in the United States. Attacks by husbands on wives
result in more injuries requiring medical treatment than rapes, muggings
and auto accidents combined. New York has made significant advances in
curbing domestic violence. This legislation would build on these
advances by allowing inmates incarcerated for defending themselves
against their batterers or for committing crimes as a result of the
abuse they have endured to earn merit time allowances.

Established in New York in 1997, merit time allows DOCS to grant early
release to inmates who meet certain criteria. People convicted of
violent offenses - including inmates convicted of defending themselves
against their abusers or of committing crimes because of abuse - are not
currently eligible for merit time.

The bill does not seek to diminish the seriousness of these crimes but
rather reflects a growing understanding of the prevalence of abuse expe-
rienced by women prisoners, and the unique situation of incarcerated
women who have experienced battering. A 1999 study of female inmates at
New York`s Bedford Hills Correctional Facility found that more than 80%

of the women inmates had a childhood history of severe physical and! or
sexual abuse and that more than 90% had endured physical or sexual
violence in their lifetimes.

Many female inmates with such histories pose virtually no threat to
public safety: many have extremely low rates of recidivism, no prior
criminal records, and, most often, no history of violence other than the
offense for which they are in prison. Not allowing inmates with such
histories to earn merit time and have the opportunity for DOCS to grant
them an earlier release also places added financial burden on the state.

Moreover, many inmates with histories of abuse are mothers whose chil-
dren have been traumatized both by the events leading up to their moth-
er`s incarceration and by their separation from her during her incarcer-
ation. Reuniting a mother with her children more quickly will help
diminish the trauma of separation and the likelihood that the children
themselves will become involved in the criminal justice system as
adults.

This bill enables incarcerated survivors of abuse to benefit from socie-
ty`s growing awareness of the pervasive and terrible nature of domestic
violence. It is a pragmatic and compassionate remedy that allows incar-
cerated survivors the opportunity to more quickly begin the important
journey of returning to their communities and children, rebuilding their
lives, and recovering from abuse.

LEGISLATIVE HISTORY:

New bill, 2005

FISCAL IMPLICATIONS:

Undetermined, although it may result in cost savings for the state.

EFFECTIVE DATE:

30 days after enactment.

[babyboy421]

Chrispo thanks a million for the information
Breen