N.Y. Correction Law § 804: Good behavior allowances against definite sentences

§ 804. Good behavior allowances against definite sentences. 1. Every

person confined in an institution serving a definite sentence of

imprisonment may receive time allowances as discretionary reductions of

the term of his sentence not to exceed in the aggregate one-third of the

term 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 cancelled in whole or in part for bad behavior,

violation of institutional rules or failure to perform properly in the

duties or program assigned.

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

allowances may be granted separately against the term of each sentence

or, where consecutive sentences are involved, against the aggregate

term. Allowances based upon sentences of less than one month may be

granted, and in such case the maximum allowance shall be one day for

every three days of the sentence. In no case, however, shall the total

of all allowances granted to any such person exceed one-third of the

time he would be required to serve, computed without regard to this

section.

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

authorized by this section. The decision of the sheriff, superintendent,

warden or other person in charge of the institution, or where such

institution is under the jurisdiction of a county or city department the

decision of the head of such department, 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.

4. A person who has earned a reduction of sentence pursuant to this

section and who has been conditionally released under subdivision two of

section 70.40 of the penal law shall not forfeit such reduction by

reason of conduct causing his return to the institution. Provided,

nevertheless, that such reduction may be forfeited by reason of

subsequent conduct while serving the remainder of his term.

5. The state commission of correction shall promulgate record keeping

rules and regulations for the granting, withholding, forfeiture,

cancellation and restoration of allowances authorized by this section.

6. Notwithstanding anything to the contrary in this section, in any

case where a person is serving a definite sentence in an institution

under the jurisdiction of the state department of corrections and

community supervision, subdivisions three and four of section eight

hundred three of this chapter shall apply.

7. Upon commencement of any definite 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 an officer designated

in the regulation to perform such duty.