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TO: NON A-1 DRUG OFFENDERS SENTENCED
UNDER OLD LAW PREPARED BY THE LEGAL AID SOCIETY,
NEW YORK
www.legal-aid.org
 For
all drug offenders who are not convicted of an A-1
felony, the new law offers two possible benefits.
As of December 27, 2004, any drug offender who is
incarcerated and serving an indeterminate sentence
and who has not yet reached the minimum term is
eligible for an additional credit of 1/6 off of
the minimum as possible merit time. When these drug
offenders first arrived in the Department of Correctional
Services they were given a computation which showed
a possible merit time parole board appearance that
was computed at 1/6 off of the minimum term. Under
the new law they are eligible for an additional
1/6 off the minimum of any drug conviction for a
total of 1/3 off the minimum before the scheduling
of a possible parole board appearance. For example,
a person with a 3 year minimum term would now be
eligible for merit release at 2 years.
The merit time change only helps people now in custody
serving a sentence and who are still within the
time where an early eligibility for possible parole
release would be helpful. If you have already served
your minimum sentence it is too late for this provision
to help you. Even for those who are potentially
eligible, the requirements of merit time are also
often difficult to achieve. You must complete your
program assignment and not have a serious disciplinary
infraction (60 days or more in SHU). If you have
questions about these requirements you should speak
with your prison counselor.
A second possible benefit for drug offenders serving
indeterminate sentences occurs after they are paroled.
Effective February 12, 2005, people serving A-I
and A-II felony sentences under the old law must
have their parole ended after three years of unrevoked
supervision. All other drug offenders must have
their parole ended after two years of unrevoked
supervision. These provisions should offer some
help, for example, to those serving life sentences
for A-II felony crimes and for those serving B felony
offenses with long maximum terms provided they are
able to remain problem free and not get their parole
revoked within the required time limit. If you have
questions about the requirements for termination
of your parole supervision you should discuss this
with your supervising parole officer.
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