New York 2025-2026 Regular Session

New York Assembly Bill A01085

Introduced
1/8/25  
Refer
1/8/25  

Caption

Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

Summary

Bill A01085, known as the "earned time act," amends the correction law and penal law in New York to establish a framework for granting time allowances against the sentences of incarcerated individuals. The bill mandates that individuals serving indeterminate or determinate sentences receive time allowances on an annual pro rata basis, which cannot be withheld, forfeited, or canceled once vested. It also requires the Department of Corrections to report annually on instances where time allowances have been denied, including details about the individuals affected and the reasons for denial. The intent is to incentivize good behavior and participation in treatment programs, thereby promoting rehabilitation.

Impact

The bill significantly alters the existing framework for time allowances in New York's correction system. By ensuring that time allowances are automatically credited and cannot be revoked once vested, it aims to create a more equitable system for incarcerated individuals. This change may lead to a reduction in the overall prison population as individuals could potentially serve shorter sentences if they demonstrate good behavior. Additionally, the requirement for annual reporting on denied time allowances aims to increase transparency and accountability within the correctional system.

Sentiment

The sentiment surrounding Bill A01085 appears to be cautiously optimistic, with proponents arguing that it promotes rehabilitation and fairness in the correctional system. However, there may be concerns from some stakeholders regarding the implications for public safety and the potential for perceived leniency towards certain offenses. The lack of voting history and committee discussion details makes it difficult to gauge the full spectrum of opinions on the bill.

Contention

Notable points of contention may arise from differing views on the appropriateness of granting automatic time allowances, particularly for individuals convicted of serious offenses. Critics may argue that such measures could undermine the severity of sentences for violent crimes, while supporters contend that rehabilitation should be prioritized. The bill's provisions regarding reporting and accountability may also raise questions about the effectiveness of enforcement and the criteria used for denying time allowances.

Companion Bills

NY S00342

Same As Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

Previously Filed As

NY S00774

Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

NY A01128

Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

NY S00342

Establishes the "earned time act" providing for time allowances against the term or maximum term of sentences imposed by the court to be credited on an annual pro rata basis.

NY HB370

In terms and courses of study, further providing for dates and times of school terms and sessions and commencement.

NY S03289

Authorizes incarcerated individual's serving indeterminate sentences of imprisonment for offenses involving controlled substances and marihuana to receive good time allowances against the minimum terms of their sentences not to exceed one-third of the minimum term imposed; provides that drug offenders can receive good behavior allowances for progress in assigned treatment programs and willing performance of duties.

NY S03929

Authorizes incarcerated individual's serving indeterminate sentences of imprisonment for offenses involving controlled substances and marihuana to receive good time allowances against the minimum terms of their sentences not to exceed one-third of the minimum term imposed; provides that drug offenders can receive good behavior allowances for progress in assigned treatment programs and willing performance of duties.

NY S08013

Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence that: they have been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and have served all or any part of the sentence; and they have had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and their claim is not time-barred.

NY S03974

Relates to failure to complete a program for time allowances due to circumstances beyond an individual's control.

NY A00206

Relates to failure to complete a program for time allowances due to circumstances beyond an individual's control.

NY A10797

Provides that in order to present the claim for unjust conviction and imprisonment, claimant must establish by documentary evidence that: they have been convicted of one or more felonies or misdemeanors against the state and subsequently sentenced to a term of imprisonment, and have served all or any part of the sentence; and they have had the one or more felonies and misdemeanors dismissed with prejudice following serving all or part of the sentence; and their claim is not time-barred.

Similar Bills

No similar bills found.