S 320: Increases the limited credit time allowances for certain incarcerated individuals serving indeterminate or determinate sentences imposed for specified offenses up to twenty-four months.

  
  STATE OF NEW YORK ________________________________________________________________________ 320 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to the limited credit time allowances for certain incarcerated individuals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 1 of section 803-b of the 2 correction law, as added by section 4 of part L of chapter 56 of the 3 laws of 2009, clauses (A) and (C) of subparagraph (ii) as amended by 4 chapter 322 of the laws of 2021, is amended to read as follows: 5 (b) "limited credit time benefit" means: 6 (i) in the case of an eligible offender who is subject to an indeter- 7 minate sentence with a maximum term of life imprisonment, such offender 8 shall be eligible for release [six] twenty-four months before the 9 completion of the controlling minimum period of imprisonment as defined 10 by subdivision one of section 70.40 of the penal law; or 11 (ii) (A) in the case of an eligible offender who is not subject to an 12 indeterminate sentence with a maximum term of life imprisonment, such 13 offender shall be eligible for conditional release [six] twenty-four 14 months earlier than as provided by paragraph (b) of subdivision one of 15 section 70.40 of the penal law, provided that the department determines 16 such offender has earned the full amount of good time authorized by 17 section eight hundred three of this article; the withholding of any good 18 behavior time credit by the department shall render an incarcerated 19 individual ineligible for the credit defined herein; 20 (B) in the event the limited credit time benefit defined herein causes 21 such conditional release date to precede the parole eligibility date as 22 calculated pursuant to subdivision one of section 70.40 of the penal 23 law, a limited credit time benefit shall also be applied to the parole EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00599-01-5 
 S. 320 2 1 eligibility date, but only to the extent necessary to cause such parole 2 eligibility date to be the same date as the conditional release date; 3 (C) an incarcerated individual shall not be eligible for the credit 4 defined herein if [he or she] such individual is returned to the depart- 5 ment pursuant to a revocation of presumptive release, parole, condi- 6 tional release, or post-release supervision and has not been sentenced 7 to an additional indeterminate or determinate term of imprisonment. 8 (iii) Regardless of the number of sentences to which an eligible 9 offender is subject, the limited credit time benefit authorized pursuant 10 to this section shall be limited to a single [six-month] twenty-four- 11 month credit applied to such person's parole eligibility date pursuant 12 to subparagraph (i) of this paragraph or to such person's conditional 13 release date pursuant to subparagraph (ii) of this paragraph. Except as 14 provided in clause (B) of subparagraph (ii) of this paragraph, the 15 limited credit time benefit authorized pursuant to this section shall 16 not be applied to an eligible offender's parole eligibility date and 17 conditional release date. 18 § 2. This act shall take effect immediately.