N.Y. Correction Law § 803: Good behavior allowances against indeterminate and determinate sentences

* § 803. Good behavior allowances against indeterminate and

determinate sentences. 1. (a) Every person confined in an institution of

the department or a facility in the department of mental hygiene serving

an indeterminate or determinate sentence of imprisonment, except a

person serving a sentence with a maximum term of life imprisonment, may

receive time allowance against the term or maximum term of his or her

sentence imposed by the court. Such allowances may be granted for good

behavior and efficient and willing performance of duties assigned or

progress and achievement in an assigned treatment program, and may be

withheld, forfeited or canceled in whole or in part for bad behavior,

violation of institutional rules or failure to perform properly in the

duties or program assigned.

(b) A person serving an indeterminate sentence of imprisonment may

receive time allowance against the maximum term of his or her sentence

not to exceed one-third of the maximum term imposed by the court.

(c) A person serving a determinate sentence of imprisonment may

receive time allowance against the term of his or her sentence not to

exceed one-seventh of the term imposed by the court.

(d) (i) Except as provided in subparagraph (ii) of this paragraph,

every person under the custody of the department or confined in a

facility in the department of mental hygiene serving an indeterminate

sentence of imprisonment with a minimum period of one year or more or a

determinate sentence of imprisonment of one year or more imposed

pursuant to section 70.70 or 70.71 of the penal law, may earn a merit

time allowance.

(ii) Such merit time allowance shall not be available to any person

serving an indeterminate sentence authorized for an A-I felony offense,

other than an A-I felony offense defined in article two hundred twenty

of the penal law, or any sentence imposed for a violent felony offense

as defined in section 70.02 of the penal law, manslaughter in the second

degree, vehicular manslaughter in the second degree, vehicular

manslaughter in the first degree, criminally negligent homicide, an

offense defined in article one hundred thirty of the penal law, incest,

or an offense defined in article two hundred sixty-three of the penal

law, or aggravated harassment of an employee by an incarcerated

individual.

(iii) The merit time allowance credit against the minimum period of

the indeterminate sentence shall be one-sixth of the minimum period

imposed by the court except that such credit shall be one-third of the

minimum period imposed by the court for an A-I felony offense defined in

article two hundred twenty of the penal law. In the case of such a

determinate sentence, in addition to the time allowance credit

authorized by paragraph (c) of this subdivision, the merit time

allowance credited against the term of the determinate sentence pursuant

to this paragraph shall be one-seventh of the term imposed by the court.

(iv) Such merit time allowance may be granted when an incarcerated

individual successfully participates in the work and treatment program

assigned pursuant to section eight hundred five of this article and when

such incarcerated individual obtains a general equivalency diploma, an

alcohol and substance abuse treatment certificate, a vocational trade

certificate following at least six months of vocational programming, at

least eighteen credits in a program registered by the state education

department from a degree-granting higher education institution or

performs at least four hundred hours of service as part of a community

work crew. The commissioner may designate additional programs and

achievements for which merit time may be granted.

Such allowance shall be withheld for any serious disciplinary

infraction or upon a judicial determination that the person, while an

incarcerated individual, commenced or continued a civil action,

proceeding or claim that was found to be frivolous as defined in

subdivision (c) of section eight thousand three hundred three-a of the

civil practice law and rules, or an order of a federal court pursuant to

rule 11 of the federal rules of civil procedure imposing sanctions in an

action commenced by a person, while an incarcerated individual, against

a state agency, officer or employee.

(v) The provisions of this paragraph shall apply to persons in custody

serving an indeterminate sentence on the effective date of this

paragraph as well as to persons sentenced to an indeterminate sentence

on and after the effective date of this paragraph and prior to September

first, two thousand five and to persons sentenced to a determinate

sentence prior to September first, two thousand eleven for a felony as

defined in article two hundred twenty or two hundred twenty-one of the

penal law.

2. If a person is serving more than one sentence, the authorized

allowances may be granted separately against the term or maximum term of

each sentence or, where consecutive sentences are involved, against the

aggregate maximum term. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run

concurrently may receive time allowance not to exceed one-third of the

indeterminate sentence which has the longest unexpired time to run.

(b) A person serving two or more indeterminate sentences which run

consecutively may receive time allowance not to exceed one-third of the

aggregate maximum term.

(c) A person serving two or more determinate sentences which run

concurrently may receive time allowance not to exceed one-seventh of the

determinate sentence which has the longest unexpired time to run.

(d) A person serving two or more determinate sentences which run

consecutively may receive time allowance not to exceed one-seventh of

the aggregate maximum term.

(e) A person serving one or more indeterminate sentence and one or

more determinate sentence which run concurrently may receive time

allowance not to exceed one-third of the indeterminate sentence which

has the longest unexpired term to run or one-seventh of the determinate

sentence which has the longest unexpired time to run, whichever

allowance is greater.

(f) A person serving one or more indeterminate sentence and one or

more determinate sentence which run consecutively may receive time

allowance not to exceed the sum of one-third of the maximum or aggregate

maximum of the indeterminate sentence or sentences and one-seventh of

the term or aggregate maximum of the determinate sentence or sentences.

2-a. If a person is serving more than one sentence, the authorized

merit time allowances may be granted against the period or aggregate

minimum period of the indeterminate sentence or sentences, or against

the term or aggregate term of the determinate sentence or sentences, or

where consecutive determinate and indeterminate sentences are involved,

against the aggregate minimum period as calculated pursuant to

subparagraph (iv) of paragraph (a) of subdivision one of section 70.40

of the penal law. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run

concurrently may receive a merit time allowance not to exceed one-sixth

of the minimum period of the indeterminate sentence imposed for an

offense other than an A-I felony offense defined in article two hundred

twenty of the penal law, or one-third of the minimum period of the

indeterminate sentence imposed for an A-I felony offense defined in

article two hundred twenty of the penal law, whichever allowance results

in the longest unexpired time to run.

(b) A person serving two or more indeterminate sentences which run

consecutively may receive a merit time allowance not to exceed the

amount of one-third of the minimum or aggregate minimum period of the

sentences imposed for an A-I felony offense defined in article two

hundred twenty of the penal law, plus one-sixth of the minimum or

aggregate minimum period of the sentences imposed for an offense other

than such A-I felony offense.

(c) A person serving two or more determinate sentences for an offense

defined in article two hundred twenty or two hundred twenty-one of the

penal law which run concurrently may receive a merit time allowance not

to exceed one-seventh of the term of the determinate sentence which has

the longest unexpired time to run.

(d) A person serving two or more determinate sentences for an offense

defined in article two hundred twenty or two hundred twenty-one of the

penal law which run consecutively may receive a merit time allowance not

to exceed one-seventh of the aggregate term of such determinate

sentences.

(e) A person serving one or more indeterminate sentences and one or

more determinate sentences for an offense defined in article two hundred

twenty or two hundred twenty-one of the penal law which run concurrently

may receive a merit time allowance not to exceed one-sixth of the

minimum period of the indeterminate sentence imposed for an offense

other than an A-I felony offense defined in article two hundred twenty

of the penal law, one-third of the minimum period of the indeterminate

sentence imposed for an A-I felony offense defined in article two

hundred twenty of the penal law, or one-seventh of the term of the

determinate sentence, whichever allowance results in the largest

unexpired time to run.

(f) A person serving one or more indeterminate sentences and one or

more determinate sentences which run consecutively may receive a merit

time allowance not to exceed the sum of one-sixth of the minimum or

aggregate minimum period of the indeterminate sentence or sentences

imposed for an offense other than an A-I felony offense defined in

article two hundred twenty of the penal law, one-third of the minimum or

aggregate minimum period of the indeterminate sentence or sentences

imposed for an A-I felony offense defined in article two hundred twenty

of the penal law and one-seventh of the term or aggregate term of the

determinate sentence or sentences.

(g) The provisions of this subdivision shall apply to persons in

custody serving an indeterminate sentence on the effective date of this

subdivision as well as to persons sentenced to an indeterminate sentence

on and after the effective date of this subdivision and prior to

September first, two thousand five and to persons sentenced to a

determinate sentence prior to September first, two thousand eleven for a

felony as defined in article two hundred twenty or two hundred

twenty-one of the penal law.

** 2-b. Notwithstanding the foregoing, if a person is serving more

than one indeterminate sentence, at least one of which is imposed for a

class A-I felony offense defined in article two hundred twenty of the

penal law, the authorized merit time allowance granted pursuant to

paragraph (d) of subdivision one of this section shall be calculated as

follows:

(a) In the event a person is serving two or more indeterminate

sentences with different minimum periods which run concurrently, the

merit time allowance shall be based upon the sentence with the longest

unexpired minimum period. If the sentence with the longest unexpired

minimum period was imposed for a class A-I felony, the merit time credit

shall be one-third of such sentence's minimum period; if such sentence

was imposed for an offense other than a class A-I felony, such merit

time credit shall be one-sixth of such sentence's minimum period.

Provided, however, that where the minimum period of any other concurrent

indeterminate sentence is greater than such reduced minimum period, the

minimum period of such other concurrent indeterminate sentence shall

also be reduced but only to the extent that the minimum period of such

other concurrent sentence, as so reduced, is equal to the reduced

minimum period of such sentence with the longest unexpired minimum

period to run.

(b) A person serving two or more indeterminate sentences with the same

minimum periods which run concurrently, and no concurrent indeterminate

sentence with any greater minimum period, shall have the minimum period

of each such sentence reduced in the amount of one-third of such minimum

period if all such sentences were imposed for a class A-I felony.

(c) A person serving two or more indeterminate sentences that run

consecutively shall have the aggregate minimum period of such sentences

reduced in the amount of one-third of such aggregate minimum period of

the sentences imposed for a class A-I felony, plus one-sixth of such

aggregate minimum period of the sentences imposed for an offense other

than a class A-I felony.

** NB Repealed September 1, 2027

3. The commissioner of corrections and community supervision shall

promulgate rules and regulations for the granting, withholding,

forfeiture, cancellation and restoration of allowances authorized by

this section in accordance with the criteria herein specified. Such

rules and regulations shall include provisions designating the person or

committee in each correctional institution delegated to make

discretionary determinations with respect to the allowances, the books

and records to be kept, and a procedure for review of the institutional

determinations by the commissioner.

4. No person shall have the right to demand or require the allowances

authorized by this section. The decision of the commissioner of

corrections and community supervision as to the granting, withholding,

forfeiture, cancellation or restoration of such allowances shall be

final and shall not be reviewable if made in accordance with law.

5. Time allowances granted prior to any release to community

supervision shall be forfeited and shall not be restored if the released

person is returned to an institution under the jurisdiction of the state

department of corrections and community supervision for violation of

community supervision or by reason of a conviction for a crime committed

while on community supervision. A person who is so returned may,

however, subsequently receive time allowances against the remaining

portion of his or her term, maximum term or aggregate maximum term

pursuant to this section and provided such remaining portion of his or

her term, maximum term, or aggregate maximum term is more than one year.

6. Upon commencement of an indeterminate or a determinate sentence the

provisions of this section shall be furnished to the person serving the

sentence and the meaning of same shall be fully explained to him by a

person designated by the commissioner to perform such duty.

* NB Effective until September 1, 2027

* § 803. Good behavior allowances against indeterminate sentences. 1.

(a) Every person confined in an institution of the department or a

facility in the department of mental hygiene serving an indeterminate

sentence of imprisonment, except a person serving a sentence with a

maximum term of life imprisonment, may receive time allowance against

the maximum term or period of his sentence not to exceed in the

aggregate one-third of the term or period imposed by the court. Such

allowances may be granted for good behavior and efficient and willing

performance of duties assigned or progress and achievement in an

assigned treatment program, and may be withheld, forfeited or canceled

in whole or in part for bad behavior, violation of institutional rules

or failure to perform properly in the duties or program assigned.

(d) (i) Except as provided in subparagraph (ii) of this paragraph,

every person under the custody of the department or confined in a

facility in the department of mental hygiene serving an indeterminate

sentence of imprisonment with a minimum period of one year or more or a

determinate sentence of imprisonment of one year or more imposed

pursuant to section 70.70 or 70.71 of the penal law, may earn a merit

time allowance.

(ii) Such merit time allowance shall not be available to any person

serving an indeterminate sentence authorized for an A-I felony offense,

other than an A-I felony offense defined in article two hundred twenty

of the penal law, or any sentence imposed for a violent felony offense

as defined in section 70.02 of the penal law, manslaughter in the second

degree, vehicular manslaughter in the second degree, vehicular

manslaughter in the first degree, criminally negligent homicide, an

offense defined in article one hundred thirty of the penal law, incest,

or an offense defined in article two hundred sixty-three of the penal

law, or aggravated harassment of an employee by an incarcerated

individual.

(iii) The merit time allowance credit against the minimum period of

the indeterminate sentence shall be one-sixth of the minimum period

imposed by the court except that such credit shall be one-third of the

minimum period imposed by the court for an A-I felony offense defined in

article two hundred twenty of the penal law. In the case of such a

determinate sentence, in addition to the time allowance credit

authorized by paragraph (c) of this subdivision, the merit time

allowance credited against the term of the determinate sentence pursuant

to this paragraph shall be one-seventh of the term imposed by the court.

(iv) Such merit time allowance may be granted when an incarcerated

individual successfully participates in the work and treatment program

assigned pursuant to section eight hundred five of this article and when

such incarcerated individual obtains a general equivalency diploma, an

alcohol and substance abuse treatment certificate, a vocational trade

certificate following at least six months of vocational programming, at

least eighteen credits in a program registered by the state education

department from a degree-granting higher education institution or

performs at least four hundred hours of service as part of a community

work crew.

Such allowance shall be withheld for any serious disciplinary

infraction or upon a judicial determination that the person, while an

incarcerated individual, commenced or continued a civil action,

proceeding or claim that was found to be frivolous as defined in

subdivision (c) of section eight thousand three hundred three-a of the

civil practice law and rules, or an order of a federal court pursuant to

rule 11 of the federal rules of civil procedure imposing sanctions in an

action commenced by a person, while an incarcerated individual, against

a state agency, officer or employee.

(v) The provisions of this paragraph shall apply to persons in custody

serving an indeterminate sentence on the effective date of this

paragraph as well as to persons sentenced to an indeterminate sentence

on and after the effective date of this paragraph and prior to September

first, two thousand five and to persons sentenced to a determinate

sentence prior to September first, two thousand eleven for a felony as

defined in article two hundred twenty or two hundred twenty-one of the

penal law.

1-a. A person serving a determinate sentence imposed pursuant to

section 70.70 or 70.71 of the penal law may receive a time allowance

against the term of his or her sentence not to exceed one-seventh of the

term imposed by the court.

2. If a person is serving more than one sentence, the authorized

allowances may be granted separately against the maximum term of each

sentence or, where consecutive sentences are involved, against the

aggregate maximum term. In no case, however, shall the total of all

allowances granted to any such person under this section exceed

one-third of the time he would be required to serve, computed without

regard to this section.

2-a. If a person is serving more than one sentence, the authorized

merit time allowances may be granted against the period or aggregate

minimum period of the indeterminate sentence or sentences, or against

the term or aggregate term of the determinate sentence or sentences, or

where consecutive determinate and indeterminate sentences are involved,

against the aggregate minimum period as calculated pursuant to

subparagraph (iv) of paragraph (a) of subdivision one of section 70.40

of the penal law. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run

concurrently may receive a merit time allowance not to exceed one-sixth

of the minimum period of the indeterminate sentence imposed for an

offense other than an A-I felony offense defined in article two hundred

twenty of the penal law, or one-third of the minimum period of the

indeterminate sentence imposed for an A-I felony offense defined in

article two hundred twenty of the penal law, whichever allowance results

in the longest unexpired time to run.

(b) A person serving two or more indeterminate sentences which run

consecutively may receive a merit time allowance not to exceed the

amount of one-third of the minimum or aggregate minimum period of the

sentences imposed for an A-I felony offense defined in article two

hundred twenty of the penal law, plus one-sixth of the minimum or

aggregate minimum period of the sentences imposed for an offense other

than such A-I felony offense.

(c) A person serving two or more determinate sentences for an offense

defined in article two hundred twenty or two hundred twenty-one of the

penal law which run concurrently may receive a merit time allowance not

to exceed one-seventh of the term of the determinate sentence which has

the longest unexpired time to run.

(d) A person serving two or more determinate sentences for an offense

defined in article two hundred twenty or two hundred twenty-one of the

penal law which run consecutively may receive a merit time allowance not

to exceed one-seventh of the aggregate term of such determinate

sentences.

(e) A person serving one or more indeterminate sentences and one or

more determinate sentences for an offense defined in article two hundred

twenty or two hundred twenty-one of the penal law which run concurrently

may receive a merit time allowance not to exceed one-sixth of the

minimum period of the indeterminate sentence imposed for an offense

other than an A-I felony offense defined in article two hundred twenty

of the penal law, one-third of the minimum period of the indeterminate

sentence imposed for an A-I felony offense defined in article two

hundred twenty of the penal law, or one-seventh of the term of the

determinate sentence, whichever allowance results in the largest

unexpired time to run.

(f) A person serving one or more indeterminate sentences and one or

more determinate sentences which run consecutively may receive a merit

time allowance not to exceed the sum of one-sixth of the minimum or

aggregate minimum period of the indeterminate sentence or sentences

imposed for an offense other than an A-I felony offense defined in

article two hundred twenty of the penal law, one-third of the minimum or

aggregate minimum period of the indeterminate sentence or sentences

imposed for an A-I felony offense defined in article two hundred twenty

of the penal law and one-seventh of the term or aggregate term of the

determinate sentence or sentences.

(g) The provisions of this subdivision shall apply to persons in

custody serving an indeterminate sentence on the effective date of this

subdivision as well as to persons sentenced to an indeterminate sentence

on and after the effective date of this subdivision and prior to

September first, two thousand five and to persons sentenced to a

determinate sentence prior to September first, two thousand eleven for a

felony as defined in article two hundred twenty or two hundred

twenty-one of the penal law.

3. The commissioner of corrections and community supervision shall

promulgate rules and regulations for the granting, withholding,

forfeiture, cancellation and restoration of allowances authorized by

this section in accordance with the criteria herein specified. Such

rules and regulations shall include provisions designating the person or

committee in each correctional institution delegated to make

discretionary determinations with respect to the allowances, the books

and records to be kept, and a procedure for review of the institutional

determinations by the commissioner.

4. No person shall have the right to demand or require the allowances

authorized by this section. The decision of the commissioner of

corrections and community supervision as to the granting, withholding,

forfeiture, cancellation or restoration of such allowances shall be

final and shall not be reviewable if made in accordance with law.

5. Time allowances granted prior to any release to community

supervision shall be forfeited and shall not be restored if the released

person is returned to an institution under the jurisdiction of the state

department of corrections and community supervision for violation of

community supervision or by reason of a conviction for a crime committed

while on community supervision. A person who is so returned may,

however, subsequently receive time allowances against the remaining

portion of his maximum or aggregate maximum term or period not to exceed

in the aggregate one-third of such portion provided such remaining

portion of his or her maximum or aggregate maximum term or period is

more than one year.

6. Upon commencement of an indeterminate sentence the provisions of

this section shall be furnished to the person serving the sentence and

the meaning of same shall be fully explained to him by a person

designated by the commissioner to perform such duty.

* NB Effective September 1, 2027