MERIT TIME/DRUG OFFENDERS

LAWS OF NEW YORK, 2005

CHAPTER 644

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend chapter 738 of the laws of 2004 amending the correction law and other laws relating to controlled substances and indeterminate sentences, in relation to provision of additional merit time to certain felony controlled substance and marihuana offenders

Became a law August 30, 2005, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

     The People of the State of New York, represented in Senate and Assembly, do enact as follows:

     Section 1. Subdivision 1 of section 30 of chapter 738 of the laws of 2004 amending the correction law and other laws relating to controlled substances and indeterminate sentences is amended to read as follows:

     1. Notwithstanding any contrary provision of law, any person convicted of a felony defined in article 220 or 221 of the penal law, other than a class A-I felony offense defined in article 220 of the penal law, which was committed prior to the effective date of this section, and sentenced thereon to an indeterminate term of imprisonment pursuant to provisions of the law in effect prior to the effective date of this section and who meets the eligibility requirements of paragraph (d) of subdivision 1 of section 803 of the correction law as it existed on the effective date of this section, may receive an additional merit time allowance not to exceed one-sixth of the minimum term or period  imposed by the court provided the inmate either:  (i) successfully participates or has participated in two or more of the four program objectives set forth in paragraph (d) of subdivision 1 of section 803 of the correction law, or (ii) successfully participates in one of the program objectives set forth in paragraph (d) of subdivision 1 of section 803 of the correction law and successfully maintains  employment while in a work release program or any other continuous temporary release program for a period of not less than three months.

     § 2.  This act shall take effect immediately and shall be deemed to have been in full force and effect on and after December 27, 2004.

   The Legislature of the STATE OF NEW YORK ss:
     Pursuant to the authority vested in us by section 70-b of the  Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

           JOSEPH L. BRUNO                                          SHELDON SILVER
   Temporary President of the Senate            Speaker of the Assembly