§ 804 — Good behavior allowances against definite sentences

New York § 804

• Jurisdiction: New York
• Law COR: Correction
• Art. 24: Provisions Applicable to Sentences Imposed Under the the Revised Penal Plan

Text

§ 804. Good behavior allowances against definite sentences. 1. Every\nperson confined in an institution serving a definite sentence of\nimprisonment may receive time allowances as discretionary reductions of\nthe term of his sentence not to exceed in the aggregate one-third of the\nterm imposed by the court. Such allowances may be granted for good\nbehavior and efficient and willing performance of duties assigned or\nprogress and achievement in an assigned treatment program, and may be\nwithheld, forfeited or cancelled in whole or in part for bad behavior,\nviolation of institutional rules or failure to perform properly in the\nduties or program assigned.\n 2. If a person is serving more than one sentence, the authorized\nallowances may be granted separately against the term of each sentence\nor, where consecutive sentences are involved, against the aggregate\nterm. Allowances based upon sentences of less than one month may be\ngranted, and in such case the maximum allowance shall be one day for\nevery three days of the sentence. In no case, however, shall the total\nof all allowances granted to any such person exceed one-third of the\ntime he would be required to serve, computed without regard to this\nsection.\n 3. No person shall have the right to demand or require the allowances\nauthorized by this section. The decision of the sheriff, superintendent,\nwarden or other person in charge of the institution, or where such\ninstitution is under the jurisdiction of a county or city department the\ndecision of the head of such department, as to the granting,\nwithholding, forfeiture, cancellation or restoration of such allowances\nshall be final and shall not be reviewable if made in accordance with\nlaw.\n 4. A person who has earned a reduction of sentence pursuant to this\nsection and who has been conditionally released under subdivision two of\nsection 70.40 of the penal law shall not forfeit such reduction by\nreason of conduct causing his return to the institution. Provided,\nnevertheless, that such reduction may be forfeited by reason of\nsubsequent conduct while serving the remainder of his term.\n 5. The state commission of correction shall promulgate record keeping\nrules and regulations for the granting, withholding, forfeiture,\ncancellation and restoration of allowances authorized by this section.\n 6. Notwithstanding anything to the contrary in this section, in any\ncase where a person is serving a definite sentence in an institution\nunder the jurisdiction of the state department of corrections and\ncommunity supervision, subdivisions three and four of section eight\nhundred three of this chapter shall apply.\n 7. Upon commencement of any definite sentence the provisions of this\nsection shall be furnished to the person serving the sentence and the\nmeaning of same shall be fully explained to him by an officer designated\nin the regulation to perform such duty.\n