Establishes the "earned time act"

Where it stands

Out of committee and scheduled for a vote by the full chamber.

Correction · New York State Assembly

Also referred to Crime Victims, Crime And Correction · New York State Senate.

Purpose, from the sponsor's memo

Section I establishes that this act shall be known and may be cited as the "earned time act." Section 2 amends the Correction Law by adding a new § 802. The section requires the Department of Corrections and Community Supervision ("DOCCS") to report annually to the governor and legislature regarding withheld, forfeited, or canceled time allowance credit. The report shall include the name, department identification number and race of each incarcerated individual denied credit, the amount of credit involved, the reasons for the denial, the department facility in which the recom- mendation to withhold, forfeit or cancel credits was made, and the names of the department personnel who made such a recommendation. Section 3 amends Correction Law § 803 to make good behavior time allow- ances vest at the end of each calendar year, after which such credit cannot be withheld, forfeited, or canceled. This section requires DOCCS to demonstrate at a hearing by a preponderance of the evidence that a person violated institutional rules in order for time allowances not yet vested to be withheld, forfeited, or canceled, and allows for the subse- quent reinstatement of good time allowance credit for good behavior or progress or achievement in an assigned treatment program. This section further provides that, following any final determination withholding a time allowance, the incarcerated person has the right to take an admin- istrative appeal and the right to legal assistance in taking the appeal. Section 3 also amends Correction Law § 803 to increase the good time allowance credit to one-half of the maximum term imposed by the court for those serving indeterminate sentences, and to one-half of the term for those serving determinate sentences. Section 3 also expands those eligible for merit time to all persons, regardless of offense. It increases the merit time allowance credit to one-half of the minimum term imposed by the court for those serving indeterminate sentences, and one-quarter of the term for those serving determinate sentences. It provides merit time credit for additional programmatic opportunities, and where an institution does not provide opportunities to earn merit time allowances, merit time is automatically credited. Section 3 requires that these merit time allowances shall apply retroactively and shall be credited toward every incarcerated individual's sentence within ninety days of the chapter of the laws of two thousand twenty-two Section 4 amends Correction Law S 804 to apply the changes to good behavior time allowances outlined in Section 2 to those serving definite sentences. Section 5 amends Correction Law S 804-a to apply the changes to good behavior time allowances outlined in Section 3 to those serving civil commitments. Section 6 amends S 865 of the Corrections Law to provide definitions. Section 7 amends S 867 of the Corrections Law. Sections 8-12 amend § 70.30 of the Penal Law for consistency with sentencing in the amended correction law. Sections 13-14 amend § 70.40 of the Penal Law for consistency with sentencing in the amended correction law. Section 15 provides the effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

• Vote: Committee vote · Crime Victims, Crime And Correction

  Senate Crime Victims, Crime And CorrectionApr 21, 2026Result: passed

  Voted yes (5)Voted no (2)Voted present (0)Absent (0)

  See member positions for the vote on Apr 21, 2026 (Committee vote · Crime Victims, Crime And Correction)

• Vote: Committee vote · Crime Victims, Crime And Correction

  Senate Crime Victims, Crime And CorrectionApr 8, 2025Result: passed

  Voted yes (5)Voted no (2)Voted present (0)Absent (0)

  See member positions for the vote on Apr 8, 2025 (Committee vote · Crime Victims, Crime And Correction)

Full history

1. Apr 21, 2026

   Reported out of committee

   REPORTED AND COMMITTED TO CODES

   NY Senate

2. Jan 7, 2026

   Referred to committee

   REFERRED TO CORRECTION

   NY Assembly

3. Jan 7, 2026

   Referred to committee

   REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

   NY Senate

4. Apr 8, 2025

   Reported out of committee

   REPORTED AND COMMITTED TO CODES

   NY Senate

5. Jan 8, 2025

   Referred to committee

   REFERRED TO CORRECTION

   NY Assembly

About this record

Summary

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Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 30, 2026. About our data

Read the record

• Read on NY Senate (opens in a new tab) The official record on nysenate.gov.