N.Y. Correction Law § 804-a: Good behavior allowances for certain civil commitments

§ 804-a. Good behavior allowances for certain civil commitments. 1.

Every person confined in an institution serving a civil commitment for a

fixed period of time, whose release is not conditional upon any act

within his power to perform, may receive time allowances as

discretionary reductions of the term of his commitment 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. Allowances based upon commitments of less than one month may be

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

every three days of the commitment. 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. 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.

5. Upon commencement of any civil commitment as described in

subdivision one of this section, the provisions of this section shall be

furnished to the person serving the commitment and the meaning of same

shall be fully explained to him by an officer designated in the

regulation to perform such duty.