§ 804-A — Good behavior allowances for certain civil commitments

New York § 804-A

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

Text

§ 804-a. Good behavior allowances for certain civil commitments. 1.\nEvery person confined in an institution serving a civil commitment for a\nfixed period of time, whose release is not conditional upon any act\nwithin his power to perform, may receive time allowances as\ndiscretionary reductions of the term of his commitment not to exceed, in\nthe aggregate, one-third of the term imposed by the court. Such\nallowances may be granted for good behavior and efficient and willing\nperformance of duties assigned or progress and achievement in an\nassigned treatment program, and may be withheld, forfeited or cancelled\nin whole or in part for bad behavior, violation of institutional rules\nor failure to perform properly in the duties or program assigned.\n 2. Allowances based upon commitments of less than one month may be\ngranted, and in such case the maximum allowances shall be one day for\nevery three days of the commitment. 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. 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 5. Upon commencement of any civil commitment as described in\nsubdivision one of this section, the provisions of this section shall be\nfurnished to the person serving the commitment and the meaning of same\nshall be fully explained to him by an officer designated in the\nregulation to perform such duty.\n