New York 2025-2026 Regular Session

New York Senate Bill S05092

Introduced
2/18/25  
Refer
2/18/25  

Caption

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.

Summary

This bill expands eligibility for New York’s merit time allowance program for incarcerated individuals. It amends Correction Law section 803 so that, with specified exclusions, people serving indeterminate or determinate sentences of one year or more may earn merit time, and it broadens the list of qualifying achievements that can support the allowance. Under the bill, eligible individuals could earn merit time by completing a GED or other educational requirements, college coursework, substance abuse treatment or comparable programming, vocational training, certain skilled job assignments, at least 18 college credits, or 400 hours of community work crew service. The bill also narrows the offenses that are excluded from merit time eligibility. It removes older references tied to certain drug and violent felony sentencing categories and replaces them with a more targeted exclusion list, including murder in the first degree, rape and other article 130 offenses, incest, child sexual exploitation offenses under article 263, terrorism offenses, aggravated harassment of an employee by an incarcerated individual, and attempts or conspiracies to commit those offenses. In addition, the bill repeals Correction Law section 803-b, which relates to limited credit time allowances, and makes conforming amendments to related provisions in the Correction Law and Executive Law.

Impact

The bill would significantly change the state’s sentence-reduction framework by expanding who can earn merit time allowances and by updating the conduct and program requirements that qualify an incarcerated person for the benefit. It amends multiple provisions of the Correction Law and a related Executive Law provision governing victim notification/rights-related records, and it repeals section 803-b of the Correction Law concerning limited credit time allowances. The changes would apply broadly to people currently serving sentences as well as future sentences, subject to the bill’s effective-date and reversion language tied to existing statutory provisions.

Sentiment

The bill text and available context do not include committee debate or recorded votes, so there is no direct evidence of support or opposition in the materials provided. Based on the bill’s structure, it appears designed as a criminal justice reform measure focused on rehabilitation, education, work participation, and reentry incentives. The overall tone of the proposal is reform-oriented, with an emphasis on expanding opportunities for sentence credits while preserving exclusions for serious offenses.

Contention

The main point of contention is likely to be the scope of eligibility expansion. Supporters would likely favor allowing more incarcerated individuals to earn merit time through education, treatment, work, and community service, while opponents may object to extending sentence-reduction opportunities to a broader population or to people convicted of serious offenses not fully excluded by the bill. Another likely issue is the repeal of limited credit time allowances and the replacement of older categorical exclusions with a new, more targeted list, which may be viewed either as a modernization of the law or as an unwarranted loosening of sentencing policy.

Companion Bills

NY A03110

Same As Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.

Previously Filed As

NY A01392

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.

NY A03110

Relates to controlled substances and indeterminate sentences; relates to the expansion of merit time; repeals provisions relating to the allowance of limited credit time for incarcerated individuals.

NY S00483

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

NY S00320

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

NY A05418

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

NY A04426

Relates to limiting eligibility for limited credit time allowances to those incarcerated individuals having completed eighty percent of their original sentence.

NY A00206

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

NY S03974

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

NY S00210

Establishes merit time allowance credits for local correctional facilities for eligible incarcerated individuals.

NY S06500

Establishes merit time allowance credits for local correctional facilities for eligible incarcerated individuals.

Similar Bills

No similar bills found.