Committee advances Earned Time Act after questions on eligibility and stacking of allowances

The Senate Standing Committee on Crime Victims' Crime and Correction reported S.342, the Earned Time Act, to the committee identified in the hearing record (referred to in the transcript as "Coates"). The bill would amend the correction law and the penal law to change when and how incarcerated individuals earn time off their sentences.

Committee members sought clarification about how the bill distinguishes between "good time" and "meritorious time" (also referenced in the transcript as "merit time" or similar terms), whether earned time would vest on an annual basis, and whether certain serious convictions would prevent participation in programs such as shock incarceration. A staff member identified in the hearing as Gabrielle provided a general overview, saying the bill makes a distinction between good time and meritorious allowances, increases the amount an incarcerated person could potentially earn, and would protect earned time once it vests on an annual basis rather than allowing that accrued time to be lost when someone is transferred or subject to administrative action.

Senators also asked about the bill’s treatment of shock incarceration (a six-month program under current law). Committee discussion showed uncertainty about whether the sponsor intended to broaden eligibility; the transcript records that the sponsor had removed eligibility limits in the draft that would make more individuals eligible, and staff said intent could be clarified.

A committee member raised a fact pattern to clarify vesting: if an incarcerated person earned nine years of good time and then committed an in-prison disciplinary infraction in year 10, the bill would protect the previously vested allowances earned in earlier calendar years though time earned in the current calendar year could still be at risk pending hearing outcomes. The bill also would create a hearing and appeal process for the removal of earned time.

Committee members asked whether individuals convicted of serious violent felonies — examples were listed by a questioner during the hearing — would be eligible to participate in the programs created or modified by the bill. The transcript records a staff/sponsor-level response that such convictions would not automatically be excluded: "If the question is, would those convictions ... be eligible to participate in these programs and potentially earn meritorious or good time? The answer is yes. Yes."

After clarification and additional questions about how time allowances can be stacked or combined, the committee moved the bill. The motion to move S.342 was offered by Senator Bailey and seconded by Senator Hartman; the committee record states the bill was reported to "Coates." No on-the-record amendments were recorded in the hearing.

The transcript indicates remaining technical questions about stacking allowances and eligibility that staff planned to confirm after the hearing. The bill, as described in committee, would change the timing and protection of earned time credits and establish procedures for hearings and appeals when such credits are removed.