N.Y. Correction Law § 803-b: Limited credit time allowances for incarcerated individuals serving indeterminate or determinate sentences imposed for specified offenses

§ 803-b. Limited credit time allowances for incarcerated individuals

serving indeterminate or determinate sentences imposed for specified

offenses. 1. Definitions. As used in this section the following terms

shall have the following meanings:

(a) "eligible offender" means a person under the custody of the

department or confined in a facility in the department of mental

hygiene, other than a person who is subject to a sentence imposed for

murder in the first degree as defined in section 125.27 of the penal

law, an offense defined in article one hundred thirty of such law, or an

attempt or a conspiracy to commit any such offense, who is otherwise

subject to:

(i) an indeterminate sentence imposed for any class A-I felony offense

other than criminal possession of a controlled substance in the first

degree as defined in section 220.21 of the penal law or criminal sale of

a controlled substance in the first degree as defined in section 220.43

of such law or an attempt or a conspiracy to commit such controlled

substance offense; or

(ii) an indeterminate or determinate sentence imposed for an offense

listed in subdivision one of section 70.02 of the penal law; or

(iii) an indeterminate or determinate sentence imposed for an offense

defined in article one hundred twenty-five of the penal law.

(b) "limited credit time benefit" means:

(i) in the case of an eligible offender who is subject to an

indeterminate sentence with a maximum term of life imprisonment, such

offender shall be eligible for release six months before the completion

of the controlling minimum period of imprisonment as defined by

subdivision one of section 70.40 of the penal law; or

(ii) (A) in the case of an eligible offender who is not subject to an

indeterminate sentence with a maximum term of life imprisonment, such

offender shall be eligible for conditional release six months earlier

than as provided by paragraph (b) of subdivision one of section 70.40 of

the penal law, provided that the department determines such offender has

earned the full amount of good time authorized by section eight hundred

three of this article; the withholding of any good behavior time credit

by the department shall render an incarcerated individual ineligible for

the credit defined herein;

(B) in the event the limited credit time benefit defined herein causes

such conditional release date to precede the parole eligibility date as

calculated pursuant to subdivision one of section 70.40 of the penal

law, a limited credit time benefit shall also be applied to the parole

eligibility date, but only to the extent necessary to cause such parole

eligibility date to be the same date as the conditional release date;

(C) an incarcerated individual shall not be eligible for the credit

defined herein if he or she is returned to the department pursuant to a

revocation of presumptive release, parole, conditional release, or

post-release supervision and has not been sentenced to an additional

indeterminate or determinate term of imprisonment.

(iii) Regardless of the number of sentences to which an eligible

offender is subject, the limited credit time benefit authorized pursuant

to this section shall be limited to a single six-month credit applied to

such person's parole eligibility date pursuant to subparagraph (i) of

this paragraph or to such person's conditional release date pursuant to

subparagraph (ii) of this paragraph. Except as provided in clause (B) of

subparagraph (ii) of this paragraph, the limited credit time benefit

authorized pursuant to this section shall not be applied to an eligible

offender's parole eligibility date and conditional release date.

(c) "significant programmatic accomplishment" means that the

incarcerated individual:

(i) participates in no less than two years of college programming; or

(ii) obtains an associate degree, bachelor's degree, master's degree

or doctoral degree by completing a registered program from a New York

state degree-granting institution, or a program offered by an

out-of-state institution of higher education authorized to offer

post-secondary distance education in New York state pursuant to

applicable rules and regulations promulgated by the education department

of the state of New York; or

(iii) successfully participates as an incarcerated individual program

associate for no less than two years; or

(iv) receives a certification from the state department of labor for

his or her successful participation in an apprenticeship program; or

(v) successfully works as an incarcerated individual hospice aid for a

period of no less than two years; or

(vi) successfully works in the division of correctional industries'

optical program for no less than two years and receives a certification

as an optician from the American board of opticianry; or

(vii) receives an asbestos handling certificate from the department of

labor upon successful completion of the training program and then works

in the division of correctional industries' asbestos abatement program

as a hazardous materials removal worker or group leader for no less than

eighteen months; or

(viii) successfully completes the course curriculum and passes the

minimum competency screening process performance examination for sign

language interpreter, and then works as a sign language interpreter for

deaf incarcerated individuals for no less than one year; or

(ix) successfully works in the puppies behind bars program for a

period of no less than two years; or

(x) successfully participates in a vocational culinary arts program

for a period of no less than two years and earns a servsafe certificate

that is recognized by the national restaurant association; or

(xi) successfully completes the four hundred ninety hour training

program while assigned to a department of motor vehicles call center,

and continues to work at such call center for an additional twenty-one

months; or

(xii) receives a certificate from the food production center in an

assigned position following the completion of no less than eight hundred

hours of work in such position, and continues to work for an additional

eighteen months at the food production center; or

(xiii) successfully completes a program of not less than eighteen

months as established by the commissioner.

(d) "serious disciplinary infraction" or "overall poor institutional

record" shall be defined in regulations promulgated by the commissioner

and need not be the same as the regulations promulgated for the meaning

of serious disciplinary infraction pursuant to paragraph (d) of

subdivision one of section eight hundred three of this article.

(e) "disqualifying judicial determination" means a judicial

determination that the person, while an incarcerated individual,

commenced or continued a civil action or 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.

2. Every eligible offender under the custody of the department or

confined in a facility in the department of mental hygiene may earn a

limited credit time allowance if such offender successfully participates

in the work and treatment program assigned pursuant to section eight

hundred five of this article and:

(a) successfully completes one or more significant programmatic

accomplishments; and

(b) has not committed a serious disciplinary infraction or maintained

an overall negative institutional record as defined in rules and

regulations promulgated by the commissioner; and

(c) has not received a disqualifying judicial determination.

3. No person shall have the right to demand or require the credit

authorized by this section. The commissioner may revoke at any time such

credit for any disciplinary infraction committed by the incarcerated

individual or for any failure to continue to participate successfully in

any assigned work and treatment program after the certificate of earned

eligibility has been awarded. Any action by the commissioner pursuant to

this section shall be deemed a judicial function and shall not be

reviewable if done in accordance with law.