S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7442
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend  the correction law and the penal law, in relation to
   providing for good behavior  allowance  credits  to  inmates;  and  to
   repeal certain provisions of the correction law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 800 of the correction law, as  amended  by  chapter
 653 of the laws of 1974, is amended to read as follows:
   §  800. Applicability.  The provisions of this article shall apply, to
 the exclusion of all other provisions of this chapter relating  to  good
 behavior [allowances] ALLOWANCE CREDITS, where sentence has been imposed
 pursuant  to  the  provisions of the penal law as enacted by chapter ten
 hundred thirty of the laws of nineteen hundred sixty-five,  as  amended,
 or where the sentence is a reformatory sentence of imprisonment. Matters
 not  expressly  covered  herein  or  covered  in such penal law shall be
 governed by such other provisions of law as may be applicable.
   § 2. The correction law is amended by adding a new section 802 to read
 as follows:
   § 802. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "INSTITUTION" MEANS ANY INSTITUTION UNDER THE JURISDICTION OF  THE
 DEPARTMENT  OR AN INSTITUTION DESIGNATED BY THE COMMISSIONER PURSUANT TO
 SECTION SEVENTY-TWO-A OF THIS CHAPTER.
   (B) "ELIGIBLE INMATE" MEANS AN INMATE CONFINED IN AN  INSTITUTION  WHO
 IS  NOT  SERVING  A  SENTENCE FOR A CLASS A-I FELONY OFFENSE PURSUANT TO
 SECTIONS 125.25, 125.26 AND 125.27 OF THE PENAL LAW.
   § 3. Section 803 of the correction law, as amended by chapter 3 of the
 laws of 1995, paragraphs (a), (b) and (c) of subdivision 1 and  subdivi-
 sions  3,  4  and  5  as amended by section 37 of subpart B of part C of
 chapter 62 of the laws of 2011,  paragraph  (d)  of  subdivision  1  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10953-01-1

 A. 7442                             2
 
 subdivision  2-a as added by chapter 738 of the laws of 2004, and subdi-
 vision 2-b as added by section 3 of part E of chapter 62 of the laws  of
 2003, is amended to read as follows:
   §  803. Good behavior allowances against indeterminate and determinate
 sentences. 1. (a) Every person confined in an institution of the depart-
 ment or a facility in the department of mental hygiene serving an  inde-
 terminate or determinate sentence of imprisonment, except a person serv-
 ing  a  sentence with a [maximum] term of life imprisonment, [may] SHALL
 receive [time allowance] ONE-THIRD TIME CREDIT UPON  AN  INMATE'S  ENTRY
 INTO  THE  DEPARTMENT'S  CUSTODY  against  the [term or] MINIMUM AND THE
 maximum term OR PERIOD of his or her sentence imposed by the court SO AS
 TO ENCOURAGE GOOD BEHAVIOR. Such  [allowances  may  be  granted]  CREDIT
 SHALL BE KEPT 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 canceled] in whole  or  in
 part  for  bad  behavior, violation of institutional rules or failure to
 perform properly in the duties or program assigned. WITHIN  THIRTY  DAYS
 OF  BEGINNING  HIS  OR  HER INCARCERATION, EACH INMATE SHALL RECEIVE THE
 CALCULATION OF HIS OR HER GOOD TIME CREDIT  TO  INCLUDE  THE  CALCULATED
 RELEASE  DATE. IF AT ANY POINT THROUGHOUT HIS OR HER INCARCERATION THERE
 IS A RECOMMENDATION TO CHANGE  AN  INMATE'S  GOOD  BEHAVIOR  CREDIT  AND
 PROPOSED  RELEASE  DATE DUE TO ALLEGED BAD BEHAVIOR, THE INMATE SHALL BE
 NOTIFIED OF SUCH RECOMMENDED CHANGES WITHIN THIRTY DAYS OF THE  DATE  OF
 SUCH RECOMMENDATION.
   (b)  A  person serving an indeterminate sentence of imprisonment [may]
 SHALL receive ONE-THIRD time [allowance]  CREDIT  UPON  ENTRY  INTO  THE
 DEPARTMENT'S  CUSTODY  against  the MINIMUM TERM AND THE maximum term of
 his or her sentence [not  to  exceed  one-third  of  the  maximum  term]
 imposed by the court.
   (c)  A  person  serving  a  determinate sentence of imprisonment [may]
 SHALL receive ONE-THIRD time [allowance]  CREDIT  UPON  ENTRY  INTO  THE
 DEPARTMENT'S  CUSTODY  against  the  term  OR MAXIMUM TERM of his or her
 sentence [not to exceed one-seventh of the term] imposed by the court.
   (d) (i) THE DEPARTMENT SHALL ENTER INTO  PARTNERSHIPS  WITH,  BUT  NOT
 LIMITED TO:
   (A)  NONPROFIT AND OTHER PRIVATE ORGANIZATIONS, INCLUDING FAITH-BASED,
 ART, AND COMMUNITY-BASED ORGANIZATIONS THAT WILL DELIVER  MERIT  PROGRAM
 ACTIVITIES AND PROGRAMMING ON A PAID OR VOLUNTEER BASIS;
   (B)  INSTITUTIONS OF HIGHER EDUCATION THAT WILL DELIVER INSTRUCTION ON
 A PAID OR VOLUNTEER BASIS;
   (C) PRIVATE ENTITIES THAT WILL:
   (1) DELIVER VOCATIONAL TRAINING AND CERTIFICATIONS;
   (2) PROVIDE EQUIPMENT TO FACILITATE VOCATIONAL TRAINING OR  EMPLOYMENT
 OPPORTUNITIES FOR PRISONERS;
   (3) EMPLOY PRISONERS; OR
   (4)  ASSIST  PRISONERS  WHO  ARE  IN PRE-RELEASE CUSTODY OR SUPERVISED
 RELEASE IN FINDING EMPLOYMENT; AND
   (D)  INDUSTRY-SPONSORED  ORGANIZATIONS  THAT  WILL  DELIVER  WORKFORCE
 DEVELOPMENT  AND  TRAINING,  ON  A  PAID  OR  VOLUNTEER BASIS. Except as
 provided in subparagraph (ii) of this paragraph, every person under  the
 custody of the department or confined in a facility in the department of
 mental hygiene [serving an indeterminate sentence of imprisonment with a
 minimum  period  of one year or more or a determinate sentence of impri-
 sonment of one year or more imposed pursuant to section 70.70  or  70.71
 of  the  penal  law,  may]  SHALL earn [a] merit time allowance CREDITS.
 INMATES SHALL BE GIVEN A MERIT PLAN WITHIN TWO MONTHS OF  THE  BEGINNING

 A. 7442                             3
 
 OF  THEIR  INCARCERATION. MERIT PROGRAM ACTIVITIES AND PROGRAMMING PART-
 NERSHIPS SHALL BE OFFERED AT EVERY FACILITY WITHIN THE DEPARTMENT, WHICH
 SHALL PROVIDE FUNDING FOR SUCH ACTIVITIES AND PROGRAMMING.
   (ii)  Such  merit time allowance CREDITS shall not be available to any
 person serving [an indeterminate] A sentence  [authorized]  for  an  A-I
 felony offense[, other than an A-I felony offense defined in article two
 hundred  twenty  of the penal law, or any sentence imposed for a violent
 felony offense as defined in section 70.02 of the penal law, manslaught-
 er in the second degree, vehicular manslaughter in  the  second  degree,
 vehicular  manslaughter  in the first degree, criminally negligent homi-
 cide, an offense defined in article one hundred thirty of the penal law,
 incest, or an offense defined in article two hundred sixty-three] PURSU-
 ANT TO SECTIONS 125.25, 125.26 AND 125.27 of the penal law[,  or  aggra-
 vated harassment of an employee by an inmate].
   (iii)  [The merit time allowance] (A) AFTER APPLICATION OF TIME credit
 [against the minimum period of the indeterminate sentence shall be  one-
 sixth of the minimum period imposed by the court except that such credit
 shall be one-third of the minimum period imposed by the court for an A-I
 felony  offense  defined in article two hundred twenty of the penal law.
 In the case of such a determinate sentence,  in  addition  to  the  time
 allowance  credit  authorized  by paragraph (c) of this subdivision, the
 merit time allowance  credited  against  the  term  of  the  determinate
 sentence  pursuant  to  this  paragraph shall be one-seventh of the term
 imposed by the court] FOR GOOD BEHAVIOR PURSUANT TO PARAGRAPHS (A),  (B)
 AND (C) OF THIS SUBDIVISION, AN INMATE SHALL RECEIVE AN ADDITIONAL MONTH
 OF  CREDIT OFF OF THEIR SENTENCE FOR EVERY MONTH OF PARTICIPATION IN THE
 ACTIVITIES DESCRIBED PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH  AS
 FOLLOWS:
   (1)  IF  THE SENTENCE IS DETERMINATE, THE AUTHORIZED ALLOWANCE CREDITS
 SHALL BE ONE MONTH OFF THE REMAINDER OF THE SENTENCE FOR EVERY MONTH  OF
 PARTICIPATION,  AFTER  APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS
 SET FORTH PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (2) IF THE SENTENCE IS INDETERMINATE, THE AUTHORIZED ALLOWANCE CREDITS
 SHALL BE ONE MONTH OFF  BOTH  THE  MINIMUM  AND  MAXIMUM  TERMS  OF  THE
 SENTENCE  FOR  EVERY MONTH OF PARTICIPATION, AFTER APPLICATION OF CREDIT
 EARNED FOR GOOD BEHAVIOR AS SET FORTH PURSUANT TO PARAGRAPH (A) OF  THIS
 SUBDIVISION;
   (3)  IF  AN  INDIVIDUAL IS SERVING TWO OR MORE INDETERMINATE SENTENCES
 WHICH RUN CONCURRENTLY, THE AUTHORIZED ALLOWANCE CREDITS  SHALL  BE  ONE
 MONTH  OFF BOTH THE AGGREGATE MAXIMUM AND AGGREGATE MINIMUM TERMS OF THE
 SENTENCES FOR EVERY MONTH OF PARTICIPATION,  AFTER  THE  APPLICATION  OF
 CREDIT  EARNED  FOR GOOD BEHAVIOR AS SET FORTH PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION;
   (4) IF AN INDIVIDUAL IS SERVING TWO OR  MORE  INDETERMINATE  SENTENCES
 WHICH  RUN  CONSECUTIVELY, THE AUTHORIZED ALLOWANCE CREDITS SHALL BE ONE
 MONTH OFF THE MAXIMUM OR AGGREGATE  MAXIMUM  AND  MINIMUM  OR  AGGREGATE
 MINIMUM  TERMS  OF THE SENTENCES FOR EVERY MONTH OF PARTICIPATION, AFTER
 THE APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET FORTH PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (5) IF AN INDIVIDUAL IS SERVING  TWO  OR  MORE  DETERMINATE  SENTENCES
 WHICH  RUN  CONCURRENTLY,  THE AUTHORIZED ALLOWANCE CREDITS SHALL BE ONE
 MONTH OFF THE AGGREGATE MAXIMUM SENTENCE  FOR  EVERY  MONTH  OF  PARTIC-
 IPATION  AFTER THE APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET
 FORTH PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (6) IF AN INDIVIDUAL IS SERVING  TWO  OR  MORE  DETERMINATE  SENTENCES
 WHICH  RUN  CONSECUTIVELY, THE AUTHORIZED ALLOWANCE CREDITS SHALL BE ONE

 A. 7442                             4
 
 MONTH OFF THE AGGREGATE MAXIMUM SENTENCE  FOR  EVERY  MONTH  OF  PARTIC-
 IPATION, AFTER THE APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET
 FORTH PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (7)  IF  AN  INDIVIDUAL IS SERVING ONE OR MORE INDETERMINATE SENTENCES
 AND ONE OR  MORE  DETERMINATE  SENTENCES  WHICH  RUN  CONCURRENTLY,  THE
 AUTHORIZED  ALLOWANCE CREDITS SHALL BE ONE MONTH OFF THE AGGREGATE MINI-
 MUM AND AGGREGATE MAXIMUM SENTENCES FOR EVERY  MONTH  OF  PARTICIPATION,
 AFTER  THE  APPLICATION  OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET FORTH
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (8) IF AN INDIVIDUAL IS SERVING ONE OR  MORE  INDETERMINATE  SENTENCES
 AND  ONE  OR  MORE  DETERMINATE  SENTENCES  WHICH RUN CONSECUTIVELY, THE
 AUTHORIZED ALLOWANCE CREDITS SHALL BE ONE MONTH OFF THE AGGREGATE  MINI-
 MUM  AND  AGGREGATE  MAXIMUM SENTENCES FOR EVERY MONTH OF PARTICIPATION,
 AFTER APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET FORTH PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (B) BY PARTICIPATING IN THE ACTIVITIES SET FORTH PURSUANT TO  SUBPARA-
 GRAPH (IV) OF THIS PARAGRAPH, INMATES SHALL ALSO EARN:
   (1) EXPANDED PHONE PRIVILEGES AND BENEFITS;
   (2) THE ABILITY TO PARTICIPATE IN VIDEO CONFERENCING WHERE AVAILABLE;
   (3) ADDITIONAL VISITING PRIVILEGES AS DETERMINED BY THE WARDEN;
   (4)  CONSIDERATION  FOR  PLACEMENT UPON THE INMATE'S REQUEST CLOSER TO
 THE INMATE'S RELEASE ADDRESS, SUBJECT TO BED AVAILABILITY, SECURITY, AND
 THE WARDEN'S RECOMMENDATION;
   (5) MORE COMMISSARY SPENDING LIMITS AND PRODUCT OFFERING;
   (6) MORE E-MAIL TIME;
   (7) UNIT TRANSFER CONSIDERATION; OR
   (8) OTHER INCENTIVES TO BE DETERMINED BY THE DEPARTMENT.
   (iv) Such merit time allowance [may be granted when an inmate success-
 fully participates in the] CREDITS SHALL BE EARNED,  ACCRUED  AND  SHALL
 NOT  BE  TAKEN  AWAY  FOR EVERY MONTH OF PARTICIPATION IN ANY PRODUCTIVE
 ACTIVITY PURSUANT TO THE MERIT PROGRAM ACTIVITIES AND PROGRAMMING  PART-
 NERSHIPS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  THE work and treatment program assigned pursuant to section eight
 hundred five of this article [and when such inmate obtains];
   (B) WORK TOWARDS OBTAINING a general equivalency diploma[,];
   (C) WORK TOWARDS OBTAINING an alcohol and  substance  abuse  treatment
 certificate[,];
   (D)  PARTICIPATION  IN FAITH-BASED CORRESPONDENCE COURSES, PROGRAMS OR
 SERVICES, AND INMATE WORK ASSIGNMENTS;
   (E) WORK TOWARDS OBTAINING a vocational  trade  certificate  following
 [at  least  six  months of] vocational programming [or performs at least
 four hundred hours of service as part of a community work crew];
   (F) PARTICIPATION THROUGH AN INSTITUTION OF HIGHER EDUCATION BY EITHER
 WORKING TOWARDS COMPLETION OF AN ASSOCIATE'S OR BACHELOR'S DEGREE FROM A
 COLLEGE OR PARTICIPATION IN A COLLEGE OFFERED PROGRAM;
   (G) PERFORMANCE OF AT LEAST FOUR HUNDRED HOURS OF SERVICE AS PART OF A
 COMMUNITY WORK CREW;
   (H) PARTICIPATION AS AN INMATE PROGRAM ASSOCIATE;
   (I) WORK TOWARDS RECEIVING A  CERTIFICATION  FROM  THE  DEPARTMENT  OF
 LABOR FOR PARTICIPATION IN AN APPRENTICESHIP PROGRAM;
   (J) WORK AS AN INMATE HOSPICE AID;
   (K)  WORK  IN THE DIVISION OF CORRECTIONAL INDUSTRIES' OPTICAL PROGRAM
 TOWARD RECEIVING A CERTIFICATION AS AN OPTICIAN FROM THE AMERICAN  BOARD
 OF OPTICIANRY;
   (L)  WORK  TOWARDS RECEIVING AN ASBESTOS HANDLING CERTIFICATE FROM THE
 DEPARTMENT OF LABOR UPON COMPLETION OF THE  TRAINING  PROGRAM  AND  THEN

 A. 7442                             5
 
 WORK  IN  THE  DIVISION  OF  CORRECTIONAL INDUSTRIES' ASBESTOS ABATEMENT
 PROGRAM AS A HAZARDOUS MATERIALS REMOVAL WORKER OR GROUP LEADER;
   (M)  WORK  TOWARDS  COMPLETING  THE  COURSE CURRICULUM AND PASSING THE
 MINIMUM COMPETENCY SCREENING PROCESS PERFORMANCE  EXAMINATION  FOR  SIGN
 LANGUAGE  INTERPRETER,  AND  IF  A PASSING SCORE HAS BEEN OBTAINED, THEN
 WORK AS A SIGN LANGUAGE INTERPRETER FOR DEAF INMATES;
   (N) WORK IN THE PUPPIES BEHIND BARS PROGRAM;
   (O) PARTICIPATION IN A  VOCATIONAL  CULINARY  ARTS  PROGRAM  AND  WORK
 TOWARD  EARNING  A  SERVE  SAFE  CERTIFICATE  THAT  IS RECOGNIZED BY THE
 NATIONAL RESTAURANT ASSOCIATION;
   (P) COMPLETION OF FOUR HUNDRED NINETY HOURS OF  TRAINING  IN  A  MOTOR
 VEHICLE  CALL  CENTER, AND WORK AT A CALL CENTER FOR AN ADDITIONAL TWEN-
 TY-ONE MONTHS;
   (Q) WORK TOWARDS RECEIVING A  CERTIFICATE  FROM  THE  FOOD  PRODUCTION
 CENTER IN AN ASSIGNED POSITION; OR
   (R)  PARTICIPATION  IN  ANY  PROGRAM  THAT PROMOTES REHABILITATION AND
 PERSONAL GROWTH AND HEALTHY LIVING LIFESTYLES,  PROVIDES  JOB  TRAINING,
 EDUCATION AND RE-ENTRY SKILLS AND REDUCES RECIDIVISM.
   [Such  allowance  shall  be withheld] PARTICIPANTS MAY BE REMOVED FROM
 THE MERIT PROGRAM ACTIVITIES AND PROGRAMMING PARTNERSHIPS for any  seri-
 ous  disciplinary  infraction  or upon a judicial determination that the
 person, while an inmate, commenced or continued a civil action, proceed-
 ing or claim that was found to be frivolous as  defined  in  subdivision
 (c)  of  section eight thousand three hundred three-a of the civil prac-
 tice 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 inmate, against a state agency,  officer
 or employee.
   [(v) The provisions of this paragraph shall apply to persons in custo-
 dy serving an indeterminate sentence on the effective date of this para-
 graph  as  well  as to persons sentenced to an indeterminate sentence on
 and after the effective date of this paragraph and  prior  to  September
 first,  two  thousand  five  and  to  persons sentenced to a determinate
 sentence prior to September first, two thousand eleven for a  felony  as
 defined  in  article two hundred twenty or two hundred twenty-one of the
 penal law.]
   2. [If a person is serving more  than  one  sentence,  the  authorized
 allowances may be granted separately against the term or maximum term of
 each  sentence or, where consecutive sentences are involved, against the
 aggregate maximum term. Such allowances shall be calculated as follows:
   (a) A person serving two or more  indeterminate  sentences  which  run
 concurrently  may  receive time allowance not to exceed one-third of the
 indeterminate sentence which has the longest unexpired time to run.
   (b) A person serving two or more  indeterminate  sentences  which  run
 consecutively  may receive time allowance not to exceed one-third of the
 aggregate maximum term.
   (c) A person serving two  or  more  determinate  sentences  which  run
 concurrently may receive time allowance not to exceed one-seventh of the
 determinate sentence which has the longest unexpired time to run.
   (d)  A  person  serving  two  or  more determinate sentences which run
 consecutively may receive time allowance not to  exceed  one-seventh  of
 the aggregate maximum term.
   (e)  A  person  serving  one or more indeterminate sentence and one or
 more determinate sentence which run concurrently may receive time allow-
 ance not to exceed one-third of the indeterminate sentence which has the
 longest unexpired term to run or one-seventh of the determinate sentence

 A. 7442                             6

 which has the longest unexpired time  to  run,  whichever  allowance  is
 greater.
   (f)  A  person  serving  one or more indeterminate sentence and one or
 more determinate sentence  which  run  consecutively  may  receive  time
 allowance not to exceed the sum of one-third of the maximum or aggregate
 maximum  of  the  indeterminate sentence or sentences and one-seventh of
 the term or aggregate maximum of the determinate sentence or sentences.
   2-a. If a person is serving more than  one  sentence,  the  authorized
 merit  time  allowances  may  be granted against the period or aggregate
 minimum period of the indeterminate sentence or  sentences,  or  against
 the  term or aggregate term of the determinate sentence or sentences, or
 where consecutive determinate and indeterminate sentences are  involved,
 against  the aggregate minimum period as calculated pursuant to subpara-
 graph (iv) of paragraph (a) of subdivision one of section 70.40  of  the
 penal law. Such allowances shall be calculated as follows:
   (a)  A  person  serving  two or more indeterminate sentences which run
 concurrently may receive a merit time allowance not to exceed  one-sixth
 of  the  minimum  period  of  the  indeterminate sentence imposed for an
 offense other than an A-I felony offense defined in article two  hundred
 twenty of the penal law, or one-third of the minimum period of the inde-
 terminate  sentence imposed for an A-I felony offense defined in article
 two hundred twenty of the penal law, whichever allowance results in  the
 longest unexpired time to run.
   (b)  A  person  serving  two or more indeterminate sentences which run
 consecutively may receive a merit  time  allowance  not  to  exceed  the
 amount  of  one-third  of the minimum or aggregate minimum period of the
 sentences imposed for an A-I  felony  offense  defined  in  article  two
 hundred twenty of the penal law, plus one-sixth of the minimum or aggre-
 gate  minimum  period of the sentences imposed for an offense other than
 such A-I felony offense.
   (c) A person serving two or more determinate sentences for an  offense
 defined  in  article two hundred twenty or two hundred twenty-one of the
 penal law which run concurrently may receive a merit time allowance  not
 to  exceed one-seventh of the term of the determinate sentence which has
 the longest unexpired time to run.
   (d) A person serving two or more determinate sentences for an  offense
 defined  in  article two hundred twenty or two hundred twenty-one of the
 penal law which run consecutively may receive a merit time allowance not
 to  exceed  one-seventh  of  the  aggregate  term  of  such  determinate
 sentences.
   (e)  A  person  serving one or more indeterminate sentences and one or
 more determinate sentences for an offense defined in article two hundred
 twenty or two hundred twenty-one of the penal law which run concurrently
 may receive a merit time allowance not to exceed one-sixth of the  mini-
 mum  period  of  the indeterminate sentence imposed for an offense other
 than an A-I felony offense defined in article two hundred twenty of  the
 penal law, one-third of the minimum period of the indeterminate sentence
 imposed  for an A-I felony offense defined in article two hundred twenty
 of the penal  law,  or  one-seventh  of  the  term  of  the  determinate
 sentence,  whichever  allowance results in the largest unexpired time to
 run.
   (f) A person serving one or more indeterminate sentences  and  one  or
 more  determinate  sentences which run consecutively may receive a merit
 time allowance not to exceed the sum of  one-sixth  of  the  minimum  or
 aggregate  minimum  period  of  the  indeterminate sentence or sentences
 imposed for an offense other than an A-I felony offense defined in arti-

 A. 7442                             7

 cle two hundred twenty of the penal law, one-third  of  the  minimum  or
 aggregate  minimum  period  of  the  indeterminate sentence or sentences
 imposed for an A-I felony offense defined in article two hundred  twenty
 of  the  penal  law and one-seventh of the term or aggregate term of the
 determinate sentence or sentences.
   (g) The provisions of this  subdivision  shall  apply  to  persons  in
 custody  serving an indeterminate sentence on the effective date of this
 subdivision as well as to persons sentenced to an indeterminate sentence
 on and after the effective date of this subdivision and prior to Septem-
 ber first, two thousand five and to persons sentenced to  a  determinate
 sentence  prior  to September first, two thousand eleven for a felony as
 defined in article two hundred twenty or two hundred twenty-one  of  the
 penal law.
   2-b.  Notwithstanding  the foregoing, if a person is serving more than
 one indeterminate sentence, at least one of which is imposed for a class
 A-I felony offense defined in article two hundred twenty  of  the  penal
 law,  the  authorized merit time allowance granted pursuant to paragraph
 (d) of subdivision one of this section shall be calculated as follows:
   (a) In the event  a  person  is  serving  two  or  more  indeterminate
 sentences  with  different  minimum  periods which run concurrently, the
 merit time allowance shall be based upon the sentence with  the  longest
 unexpired  minimum  period.  If  the sentence with the longest unexpired
 minimum period was imposed for a class A-I felony, the merit time credit
 shall be one-third of such sentence's minimum period; if  such  sentence
 was  imposed  for  an  offense other than a class A-I felony, such merit
 time credit shall  be  one-sixth  of  such  sentence's  minimum  period.
 Provided, however, that where the minimum period of any other concurrent
 indeterminate  sentence is greater than such reduced minimum period, the
 minimum period of such other  concurrent  indeterminate  sentence  shall
 also  be  reduced but only to the extent that the minimum period of such
 other concurrent sentence, as so reduced, is equal to the reduced  mini-
 mum period of such sentence with the longest unexpired minimum period to
 run.
   (b) A person serving two or more indeterminate sentences with the same
 minimum  periods which run concurrently, and no concurrent indeterminate
 sentence with any greater minimum period, shall have the minimum  period
 of each such sentence reduced in the amount of one-third of such minimum
 period if all such sentences were imposed for a class A-I felony.
   (c)  A  person  serving  two  or more indeterminate sentences that run
 consecutively shall have the aggregate minimum period of such  sentences
 reduced  in  the amount of one-third of such aggregate minimum period of
 the sentences imposed for a class A-I felony,  plus  one-sixth  of  such
 aggregate  minimum  period of the sentences imposed for an offense other
 than a class A-I felony.
   3.] The commissioner of corrections and  community  supervision  shall
 promulgate rules and regulations for the [granting, withholding, forfei-
 ture,  cancellation and restoration of allowances] CALCULATION OF ALLOW-
 ANCE CREDITS EARNED BY EACH PARTICIPANT AS authorized by this section in
 accordance with the criteria herein  specified.  Such  rules  and  regu-
 lations shall include provisions designating [the] A person or committee
 in  each  correctional  institution  [delegated]  to [make discretionary
 determinations with respect to the allowances] LOG AND RECORD THE ALLOW-
 ANCE CREDITS, DETERMINE the books and records to be kept, and  a  proce-
 dure for review of the institutional determinations by the commissioner.
 MERIT PROGRAMS AND THE ABILITY TO ACCRUE ALLOWANCE CREDITS SHALL BE MADE
 AVAILABLE TO EVERY INMATE IN ALL CORRECTIONAL INSTITUTIONS.

 A. 7442                             8
 
   [4. No person shall have the right to demand or require the allowances
 authorized  by  this  section.  The  decision  of  the  commissioner  of
 corrections and community supervision 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.
   5.]  3. Time [allowances granted] CREDITS ACCRUED prior to any release
 to community supervision shall NOT  be  forfeited  and  shall  [not]  be
 restored  if the released person is returned to an institution under the
 jurisdiction of the state department of corrections and community super-
 vision for  violation  of  community  supervision  or  by  reason  of  a
 conviction  for  a  crime  committed  while  on community supervision. A
 person who is so returned [may] SHALL, however,  subsequently  [receive]
 CONTINUE TO EARN time [allowances] ALLOWANCE CREDITS against the remain-
 ing  portion  of  his or her [term,] maximum [term] or aggregate maximum
 term [pursuant to this section and provided such  remaining  portion  of
 his  or  her  term, maximum term, or aggregate maximum term is more than
 one year] OR PERIOD.
   [6.] 4.  Upon  commencement  of  an  indeterminate  or  a  determinate
 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 a person designated by the commissioner to perform such duty.
   5.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  BE DEEMED IN EFFECT AND
 APPLIED RETROACTIVELY TO EACH ELIGIBLE INMATE, BEGINNING AT THE TIME  HE
 OR SHE BEGAN SERVING HIS OR HER SENTENCE.
   §  4.  Section 803 of the correction law, as amended by chapter 126 of
 the laws of 1987, paragraph (a) of subdivision 1 as designted and  para-
 graph  (d)  of  subdivision  1  and subdivisions 1-a and 2-a as added by
 chapter 738 of the laws of 2004, and subdivisions 3, 4 and 5 as  amended
 by  section 38 of subpart B of part C of chapter 62 of the laws of 2011,
 is amended to read as follows:
   § 803. Good behavior allowances against  indeterminate  sentences.  1.
 (a)  Every  person  confined  in  an  institution of the department or a
 facility in the department of mental hygiene [serving  an  indeterminate
 sentence  of  imprisonment],  except  a  person  serving  a  DETERMINATE
 sentence with a [maximum] term of life imprisonment, [may] SHALL receive
 ONE-THIRD time [allowance]  CREDIT  UPON  AN  INMATE'S  ENTRY  INTO  THE
 DEPARTMENT'S CUSTODY, against the MINIMUM AND THE maximum term or period
 of  his OR HER sentence [not to exceed in the aggregate one-third of the
 term or period] imposed by the court SO AS TO ENCOURAGE  GOOD  BEHAVIOR.
 Such  [allowances may be granted] CREDIT SHALL BE KEPT 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 canceled] in whole or in part for bad behavior, violation
 of institutional rules or failure to perform properly in the  duties  or
 program assigned.  WITHIN THIRTY DAYS OF BEGINNING HIS OR HER INCARCERA-
 TION,  EACH INMATE SHALL RECEIVE THE CALCULATION OF HIS OR HER GOOD TIME
 CREDIT TO INCLUDE THE CALCULATED RELEASE DATE. IF AT ANY POINT  THROUGH-
 OUT  HIS  OR  HER  INCARCERATION  THERE IS A RECOMMENDATION TO CHANGE AN
 INMATE'S GOOD BEHAVIOR CREDIT AND PROPOSED RELEASE DATE DUE  TO  ALLEGED
 BAD  BEHAVIOR,  THE INMATE SHALL BE NOTIFIED OF SUCH RECOMMENDED CHANGES
 WITHIN THIRTY DAYS OF THE DATE OF SUCH RECOMMENDATION.
   (B) A PERSON SERVING AN INDETERMINATE SENTENCE OF  IMPRISONMENT  SHALL
 RECEIVE  ONE-THIRD  TIME CREDIT UPON ENTRY INTO THE DEPARTMENT'S CUSTODY
 AGAINST THE MINIMUM TERM AND THE MAXIMUM TERM OF  HIS  OR  HER  SENTENCE
 IMPOSED BY THE COURT.

 A. 7442                             9
 
   (C)  A  PERSON  SERVING  A  DETERMINATE SENTENCE OF IMPRISONMENT SHALL
 RECEIVE ONE-THIRD TIME CREDIT UPON ENTRY INTO THE  DEPARTMENT'S  CUSTODY
 AGAINST  THE  TERM OR MAXIMUM TERM OF HIS OR HER SENTENCE IMPOSED BY THE
 COURT.
   (d)  (i)  THE  DEPARTMENT  SHALL ENTER INTO PARTNERSHIPS WITH, BUT NOT
 LIMITED TO:
   (A) NONPROFIT AND OTHER PRIVATE ORGANIZATIONS, INCLUDING  FAITH-BASED,
 ART,  AND  COMMUNITY-BASED ORGANIZATIONS THAT WILL DELIVER MERIT PROGRAM
 ACTIVITIES AND PROGRAMMING ON A PAID OR VOLUNTEER BASIS;
   (B) INSTITUTIONS OF HIGHER EDUCATION THAT WILL DELIVER INSTRUCTION  ON
 A PAID OR VOLUNTEER BASIS;
   (C) PRIVATE ENTITIES THAT WILL:
   (1) DELIVER VOCATIONAL TRAINING AND CERTIFICATIONS;
   (2)  PROVIDE EQUIPMENT TO FACILITATE VOCATIONAL TRAINING OR EMPLOYMENT
 OPPORTUNITIES FOR PRISONERS;
   (3) EMPLOY PRISONERS; OR
   (4) ASSIST PRISONERS WHO ARE  IN  PRE-RELEASE  CUSTODY  OR  SUPERVISED
 RELEASE IN FINDING EMPLOYMENT; AND
   (D)  INDUSTRY-SPONSORED  ORGANIZATIONS  THAT  WILL  DELIVER  WORKFORCE
 DEVELOPMENT AND TRAINING, ON  A  PAID  OR  VOLUNTEER  BASIS.  Except  as
 provided  in subparagraph (ii) of this paragraph, every person under the
 custody of the department or confined in a facility in the department of
 mental hygiene [serving an indeterminate sentence of imprisonment with a
 minimum period of one year or more or a determinate sentence  of  impri-
 sonment  of  one year or more imposed pursuant to section 70.70 or 70.71
 of the penal law, may] SHALL earn  [a]  merit  time  allowance  CREDITS.
 INMATES  SHALL  BE GIVEN A MERIT PLAN WITHIN TWO MONTHS OF THE BEGINNING
 OF THEIR INCARCERATION. MERIT PROGRAM ACTIVITIES AND  PROGRAMMING  PART-
 NERSHIPS SHALL BE OFFERED AT EVERY FACILITY WITHIN THE DEPARTMENT, WHICH
 SHALL PROVIDE FUNDING FOR SUCH ACTIVITIES AND PROGRAMMING.
   (ii)  Such  merit time allowance CREDITS shall not be available to any
 person serving [an indeterminate] A sentence  [authorized]  for  an  A-I
 felony offense[, other than an A-I felony offense defined in article two
 hundred  twenty  of the penal law, or any sentence imposed for a violent
 felony offense as defined in section 70.02 of the penal law, manslaught-
 er in the second degree, vehicular manslaughter in  the  second  degree,
 vehicular  manslaughter  in the first degree, criminally negligent homi-
 cide, an offense defined in article one hundred thirty of the penal law,
 incest, or an offense defined in article two hundred sixty-three] PURSU-
 ANT TO SECTIONS 125.25, 125.26 AND 125.27 of the penal law[,  or  aggra-
 vated harassment of an employee by an inmate].
   (iii)  [The merit time allowance] (A) AFTER APPLICATION OF TIME credit
 [against the minimum period of the indeterminate sentence shall be  one-
 sixth of the minimum period imposed by the court except that such credit
 shall be one-third of the minimum period imposed by the court for an A-I
 felony  offense  defined in article two hundred twenty of the penal law.
 In the case of such a determinate sentence,  in  addition  to  the  time
 allowance  credit  authorized  by paragraph (c) of this subdivision, the
 merit time allowance  credited  against  the  term  of  the  determinate
 sentence  pursuant  to  this  paragraph shall be one-seventh of the term
 imposed by the court] FOR GOOD BEHAVIOR PURSUANT TO PARAGRAPHS (A),  (B)
 AND (C) OF THIS SUBDIVISION, AN INMATE SHALL RECEIVE AN ADDITIONAL MONTH
 OF CREDIT OFF OF HIS OR HER SENTENCE FOR EVERY MONTH OF PARTICIPATION IN
 THE ACTIVITIES DESCRIBED PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH
 AS FOLLOWS:

 A. 7442                            10
 
   (1)  IF  THE SENTENCE IS DETERMINATE, THE AUTHORIZED ALLOWANCE CREDITS
 SHALL BE ONE MONTH OFF THE REMAINDER OF THE SENTENCE FOR EVERY MONTH  OF
 PARTICIPATION,  AFTER  APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS
 SET FORTH PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (2) IF THE SENTENCE IS INDETERMINATE, THE AUTHORIZED ALLOWANCE CREDITS
 SHALL  BE  ONE  MONTH  OFF  BOTH  THE  MINIMUM  AND MAXIMUM TERMS OF THE
 SENTENCE FOR EVERY MONTH OF PARTICIPATION, AFTER APPLICATION  OF  CREDIT
 EARNED  FOR GOOD BEHAVIOR AS SET FORTH PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION;
   (3) IF AN INDIVIDUAL IS SERVING TWO OR  MORE  INDETERMINATE  SENTENCES
 WHICH  RUN  CONCURRENTLY,  THE AUTHORIZED ALLOWANCE CREDITS SHALL BE ONE
 MONTH OFF BOTH THE AGGREGATE MAXIMUM AND AGGREGATE MINIMUM TERMS OF  THE
 SENTENCES  FOR  EVERY  MONTH  OF PARTICIPATION, AFTER THE APPLICATION OF
 CREDIT EARNED FOR GOOD BEHAVIOR AS SET FORTH PURSUANT TO  PARAGRAPH  (A)
 OF THIS SUBDIVISION;
   (4)  IF  AN  INDIVIDUAL IS SERVING TWO OR MORE INDETERMINATE SENTENCES
 WHICH RUN CONSECUTIVELY, THE AUTHORIZED ALLOWANCE CREDITS SHALL  BE  ONE
 MONTH  OFF  THE  MAXIMUM  OR  AGGREGATE MAXIMUM AND MINIMUM OR AGGREGATE
 MINIMUM TERMS OF THE SENTENCES FOR EVERY MONTH OF  PARTICIPATION,  AFTER
 THE APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET FORTH PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (5)  IF  AN  INDIVIDUAL  IS  SERVING TWO OR MORE DETERMINATE SENTENCES
 WHICH RUN CONCURRENTLY, THE AUTHORIZED ALLOWANCE CREDITS  SHALL  BE  ONE
 MONTH  OFF  THE  AGGREGATE  MAXIMUM  SENTENCE FOR EVERY MONTH OF PARTIC-
 IPATION AFTER THE APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS  SET
 FORTH PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (6)  IF  AN  INDIVIDUAL  IS  SERVING TWO OR MORE DETERMINATE SENTENCES
 WHICH RUN CONSECUTIVELY, THE AUTHORIZED ALLOWANCE CREDITS SHALL  BE  ONE
 MONTH  OFF  THE  AGGREGATE  MAXIMUM  SENTENCE FOR EVERY MONTH OF PARTIC-
 IPATION, AFTER THE APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET
 FORTH PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
   (7) IF AN INDIVIDUAL IS SERVING ONE OR  MORE  INDETERMINATE  SENTENCES
 AND  ONE  OR  MORE  DETERMINATE  SENTENCES  WHICH  RUN CONCURRENTLY, THE
 AUTHORIZED ALLOWANCE CREDITS SHALL BE ONE MONTH OFF THE AGGREGATE  MINI-
 MUM  AND  AGGREGATE  MAXIMUM SENTENCES FOR EVERY MONTH OF PARTICIPATION,
 AFTER THE APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR  AS  SET  FORTH
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (8)  IF  AN  INDIVIDUAL IS SERVING ONE OR MORE INDETERMINATE SENTENCES
 AND ONE OR MORE  DETERMINATE  SENTENCES  WHICH  RUN  CONSECUTIVELY,  THE
 AUTHORIZED  ALLOWANCE CREDITS SHALL BE ONE MONTH OFF THE AGGREGATE MINI-
 MUM AND AGGREGATE MAXIMUM SENTENCES FOR EVERY  MONTH  OF  PARTICIPATION,
 AFTER APPLICATION OF CREDIT EARNED FOR GOOD BEHAVIOR AS SET FORTH PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (B)  BY PARTICIPATING IN THE ACTIVITIES SET FORTH PURSUANT TO SUBPARA-
 GRAPH (IV) OF THIS PARAGRAPH, INMATES SHALL ALSO EARN:
   (1) EXPANDED PHONE PRIVILEGES AND BENEFITS;
   (2) THE ABILITY TO PARTICIPATE IN VIDEO CONFERENCING WHERE AVAILABLE;
   (3) ADDITIONAL VISITING PRIVILEGES AS DETERMINED BY THE WARDEN;
   (4) CONSIDERATION FOR PLACEMENT UPON THE INMATE'S  REQUEST  CLOSER  TO
 THE INMATE'S RELEASE ADDRESS, SUBJECT TO BED AVAILABILITY, SECURITY, AND
 THE WARDEN'S RECOMMENDATION;
   (5) MORE COMMISSARY SPENDING LIMITS AND PRODUCT OFFERING;
   (6) MORE E-MAIL TIME;
   (7) UNIT TRANSFER CONSIDERATION; OR
   (8) OTHER INCENTIVES TO BE DETERMINED BY THE DEPARTMENT.

 A. 7442                            11
 
   (iv) Such merit time allowance [may be granted when an inmate success-
 fully participates in] CREDITS SHALL BE EARNED, ACCRUED AND SHALL NOT BE
 TAKEN  AWAY  FOR EVERY MONTH OF PARTICIPATION IN ANY PRODUCTIVE ACTIVITY
 PURSUANT TO THE MERIT PROGRAM ACTIVITIES AND  PROGRAMMING  PARTNERSHIPS,
 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  the work and treatment program assigned pursuant to section eight
 hundred five of this article [and when such inmate obtains];
   (B) WORK TOWARDS OBTAINING a general equivalency diploma[,];
   (C) WORK TOWARDS OBTAINING an alcohol and  substance  abuse  treatment
 certificate[,];
   (D)  PARTICIPATION  IN FAITH-BASED CORRESPONDENCE COURSES, PROGRAMS OR
 SERVICES, AND INMATE WORK ASSIGNMENTS;
   (E) WORK TOWARDS OBTAINING a vocational trade  certificate  [following
 at  least six months of vocational programming or performs at least four
 hundred hours of service as part of a community work crew];
   (F) PARTICIPATION THROUGH AN INSTITUTION OF HIGHER EDUCATION BY EITHER
 WORKING TOWARDS COMPLETION OF AN ASSOCIATE'S OR BACHELOR'S DEGREE FROM A
 COLLEGE OR PARTICIPATION IN A COLLEGE OFFERED PROGRAM;
   (G) PERFORMANCE OF AT LEAST FOUR HUNDRED HOURS OF SERVICE AS PART OF A
 COMMUNITY WORK CREW;
   (H) PARTICIPATION AS AN INMATE PROGRAM ASSOCIATE;
   (I) WORK TOWARDS RECEIVING A  CERTIFICATION  FROM  THE  DEPARTMENT  OF
 LABOR FOR PARTICIPATION IN AN APPRENTICESHIP PROGRAM;
   (J) WORK AS AN INMATE HOSPICE AID;
   (K)  WORK  IN THE DIVISION OF CORRECTIONAL INDUSTRIES' OPTICAL PROGRAM
 TOWARD RECEIVING A CERTIFICATION AS AN OPTICIAN FROM THE AMERICAN  BOARD
 OF OPTICIANRY;
   (L)  WORK  TOWARDS RECEIVING AN ASBESTOS HANDLING CERTIFICATE FROM THE
 DEPARTMENT OF LABOR UPON COMPLETION OF THE  TRAINING  PROGRAM  AND  THEN
 WORK  IN  THE  DIVISION  OF  CORRECTIONAL INDUSTRIES' ASBESTOS ABATEMENT
 PROGRAM AS A HAZARDOUS MATERIALS REMOVAL WORKER OR GROUP LEADER;
   (M) WORK TOWARDS COMPLETING THE  COURSE  CURRICULUM  AND  PASSING  THE
 MINIMUM  COMPETENCY  SCREENING  PROCESS PERFORMANCE EXAMINATION FOR SIGN
 LANGUAGE INTERPRETER, AND IF A PASSING SCORE  HAS  BEEN  OBTAINED,  THEN
 WORK AS A SIGN LANGUAGE INTERPRETER FOR DEAF INMATES;
   (N) WORK IN THE PUPPIES BEHIND BARS PROGRAM;
   (O)  PARTICIPATION  IN  A  VOCATIONAL  CULINARY  ARTS PROGRAM AND WORK
 TOWARD EARNING A SERVE  SAFE  CERTIFICATE  THAT  IS  RECOGNIZED  BY  THE
 NATIONAL RESTAURANT ASSOCIATION;
   (P)  COMPLETION  OF  FOUR  HUNDRED NINETY HOURS OF TRAINING IN A MOTOR
 VEHICLE CALL CENTER, AND WORK AT A CALL CENTER FOR AN  ADDITIONAL  TWEN-
 TY-ONE MONTHS;
   (Q)  WORK  TOWARDS  RECEIVING  A  CERTIFICATE FROM THE FOOD PRODUCTION
 CENTER IN AN ASSIGNED POSITION; OR
   (R) PARTICIPATION IN ANY  PROGRAM  THAT  PROMOTES  REHABILITATION  AND
 PERSONAL  GROWTH  AND  HEALTHY LIVING LIFESTYLES, PROVIDES JOB TRAINING,
 EDUCATION AND RE-ENTRY SKILLS AND REDUCES RECIDIVISM.
   [Such allowance shall be withheld] PARTICIPANTS MAY  BE  REMOVED  FROM
 THE  MERIT PROGRAM ACTIVITIES AND PROGRAMMING PARTNERSHIPS for any seri-
 ous disciplinary infraction or upon a judicial  determination  that  the
 person, while an inmate, commenced or continued a civil action, proceed-
 ing  or  claim  that was found to be frivolous as defined in subdivision
 (c) of section eight thousand three hundred three-a of the  civil  prac-
 tice  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

 A. 7442                            12
 
 commenced  by a person, while an inmate, against a state agency, officer
 or employee.
   [(v) The provisions of this paragraph shall apply to persons in custo-
 dy serving an indeterminate sentence on the effective date of this para-
 graph  as  well  as to persons sentenced to an indeterminate sentence on
 and after the effective date of this paragraph and  prior  to  September
 first,  two  thousand  five  and  to  persons sentenced to a determinate
 sentence prior to September first, two thousand eleven for a  felony  as
 defined  in  article two hundred twenty or two hundred twenty-one of the
 penal law.
   1-a. A person serving  a  determinate  sentence  imposed  pursuant  to
 section  70.70  or  70.71  of the penal law may receive a time allowance
 against the term of his or her sentence not to exceed one-seventh of the
 term imposed by the court.]
   2. [If a person is serving more  than  one  sentence,  the  authorized
 allowances  may  be  granted separately against the maximum term of each
 sentence or, where  consecutive  sentences  are  involved,  against  the
 aggregate  maximum  term.  In  no  case, however, shall the total of all
 allowances granted to any such person under  this  section  exceed  one-
 third of the time he would be required to serve, computed without regard
 to this section.
   2-a.  If  a  person  is serving more than one sentence, the authorized
 merit time allowances may be granted against  the  period  or  aggregate
 minimum  period  of  the indeterminate sentence or sentences, or against
 the term or aggregate term of the determinate sentence or sentences,  or
 where  consecutive determinate and indeterminate sentences are involved,
 against the aggregate minimum period as calculated pursuant to  subpara-
 graph  (iv)  of paragraph (a) of subdivision one of section 70.40 of the
 penal law. Such allowances shall be calculated as follows:
   (a) A person serving two or more  indeterminate  sentences  which  run
 concurrently  may receive a merit time allowance not to exceed one-sixth
 of the minimum period of  the  indeterminate  sentence  imposed  for  an
 offense  other than an A-I felony offense defined in article two hundred
 twenty of the penal law, or one-third of the minimum period of the inde-
 terminate sentence imposed for an A-I felony offense defined in  article
 two  hundred twenty of the penal law, whichever allowance results in the
 longest unexpired time to run.
   (b) A person serving two or more  indeterminate  sentences  which  run
 consecutively  may  receive  a  merit  time  allowance not to exceed the
 amount of one-third of the minimum or aggregate minimum  period  of  the
 sentences  imposed  for  an  A-I  felony  offense defined in article two
 hundred twenty of the penal law, plus one-sixth of the minimum or aggre-
 gate minimum period of the sentences imposed for an offense  other  than
 such A-I felony offense.
   (c)  A person serving two or more determinate sentences for an offense
 defined in article two hundred twenty or two hundred twenty-one  of  the
 penal  law which run concurrently may receive a merit time allowance not
 to exceed one-seventh of the term of the determinate sentence which  has
 the longest unexpired time to run.
   (d)  A person serving two or more determinate sentences for an offense
 defined in article two hundred twenty or two hundred twenty-one  of  the
 penal law which run consecutively may receive a merit time allowance not
 to  exceed  one-seventh  of  the  aggregate  term  of  such  determinate
 sentences.
   (e) A person serving one or more indeterminate sentences  and  one  or
 more determinate sentences for an offense defined in article two hundred

 A. 7442                            13

 twenty or two hundred twenty-one of the penal law which run concurrently
 may  receive a merit time allowance not to exceed one-sixth of the mini-
 mum period of the indeterminate sentence imposed for  an  offense  other
 than  an A-I felony offense defined in article two hundred twenty of the
 penal law, one-third of the minimum period of the indeterminate sentence
 imposed for an A-I felony offense defined in article two hundred  twenty
 of  the  penal  law,  or  one-seventh  of  the  term  of the determinate
 sentence, whichever allowance results in the largest unexpired  time  to
 run.
   (f)  A  person  serving one or more indeterminate sentences and one or
 more determinate sentences which run consecutively may receive  a  merit
 time  allowance  not  to  exceed  the sum of one-sixth of the minimum or
 aggregate minimum period of  the  indeterminate  sentence  or  sentences
 imposed for an offense other than an A-I felony offense defined in arti-
 cle  two  hundred  twenty  of the penal law, one-third of the minimum or
 aggregate minimum period of  the  indeterminate  sentence  or  sentences
 imposed  for an A-I felony offense defined in article two hundred twenty
 of the penal law and one-seventh of the term or aggregate  term  of  the
 determinate sentence or sentences.
   (g)  The  provisions  of  this  subdivision  shall apply to persons in
 custody serving an indeterminate sentence on the effective date of  this
 subdivision as well as to persons sentenced to an indeterminate sentence
 on and after the effective date of this subdivision and prior to Septem-
 ber  first,  two thousand five and to persons sentenced to a determinate
 sentence prior to September first, two thousand eleven for a  felony  as
 defined  in  article two hundred twenty or two hundred twenty-one of the
 penal law.
   3.] The commissioner of corrections and  community  supervision  shall
 promulgate rules and regulations for the [granting, withholding, forfei-
 ture,  cancellation and restoration of allowances] CALCULATION OF ALLOW-
 ANCE CREDITS EARNED BY EACH PARTICIPANT AS authorized by this section in
 accordance with the criteria herein  specified.  Such  rules  and  regu-
 lations shall include provisions designating [the] A person or committee
 in  each  correctional  institution  [delegated]  to [make discretionary
 determinations with respect to the allowances] LOG AND RECORD THE ALLOW-
 ANCE CREDITS, DETERMINE the books and records to be kept, and  a  proce-
 dure for review of the institutional determinations by the commissioner.
 MERIT PROGRAMS AND THE ABILITY TO ACCRUE ALLOWANCE CREDITS SHALL BE MADE
 AVAILABLE TO EVERY INMATE IN ALL CORRECTIONAL INSTITUTIONS.
   [4. No person shall have the right to demand or require the allowances
 authorized  by  this  section.  The  decision  of  the  commissioner  of
 corrections and community supervision 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.
   5.] 3. Time [allowances granted] ALLOWANCE CREDITS  ACCRUED  prior  to
 any  release  to  community supervision shall NOT be forfeited and shall
 [not] be restored if the released person is returned to  an  institution
 under the jurisdiction of the state department of corrections and commu-
 nity  supervision for violation of community supervision or by reason of
 a conviction for a crime committed while  on  community  supervision.  A
 person  who  is so returned [may] SHALL, however, subsequently [receive]
 CONTINUE TO EARN time [allowances] ALLOWANCE CREDITS against the remain-
 ing portion of his maximum or aggregate maximum term or period  [not  to
 exceed  in the aggregate one-third of such portion provided such remain-
 ing portion of his or her maximum or aggregate maximum term or period is
 more than one year].

 A. 7442                            14
 
   [6.] 4. Upon commencement of an indeterminate 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  a  person
 designated by the commissioner to perform such duty.
   §  5.  Section 803-a of the correction law, as added by chapter 738 of
 the laws of 2004, is amended to read as follows:
   § 803-a. Certain calculations. Notwithstanding the provisions  of  any
 other  law,  no merit time allowance CREDITS accrued, earned or credited
 to any person, pursuant to any existing or former section eight  hundred
 three  of  this article, while in the custody of the commissioner, shall
 be withdrawn, cancelled, forfeited or otherwise lost by  virtue  of  the
 sunset or expiration of any provision of law.
   § 6. Section 803-b of the correction law is REPEALED.
   § 7. Section 804 of the correction law, as added by chapter 680 of the
 laws of 1967, subdivisions 1 and 2 as amended by chapter 145 of the laws
 of 1976, and subdivision 6 as amended by section 39 of subpart B of part
 C of chapter 62 of the laws of 2011, is amended to read as follows:
   §  804. Good behavior [allowances] CREDITS against definite sentences.
 1. Every person confined in an institution serving a  definite  sentence
 of  imprisonment  [may]  SHALL  receive  ONE-THIRD  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] CREDIT AGAINST
 THE  TERM  OF  HIS OR HER SENTENCE IMPOSED BY THE COURT UPON AN INMATE'S
 ENTRY INTO THE DEPARTMENT'S CUSTODY SO AS TO  ENCOURAGE  GOOD  BEHAVIOR.
 Such  [allowances  may] CREDIT SHALL be [granted] KEPT 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] CREDITS SHALL be [granted] GIVEN separately against the
 term  of  each  sentence  or,  where consecutive sentences are involved,
 against the aggregate term. [Allowances] CREDITS based upon sentences of
 less than one month may be [granted] ACCRUED, and in such case the maxi-
 mum 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, withhold-
 ing, 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 subse-
 quent conduct while serving the remainder of his term.
   5.] 4. The state commission  of  correction  shall  promulgate  record
 keeping  rules  and  regulations for the [granting, withholding, forfei-
 ture, cancellation and restoration of allowances] CALCULATION OF CREDITS
 KEPT AS authorized by this section FOR EACH PARTICIPANT.

 A. 7442                            15
 
   [6.] 5. 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 commu-
 nity  supervision,  subdivisions three and four of section eight hundred
 three of this chapter shall apply.
   [7.]  6.  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 desig-
 nated in the regulation to perform such duty.
   §  8.  Section 804-a of the correction law, as added by chapter 220 of
 the laws of 1987, is amended to read as follows:
   § 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] SHALL receive ONE-THIRD time  [allow-
 ances  as  discretionary  reductions  of] CREDIT AGAINST the term of his
 [commitment not to exceed, in the aggregate, one-third of the  term]  OR
 HER  SENTENCE  imposed  by  the  court  UPON  AN INMATE'S ENTRY INTO THE
 DEPARTMENT'S CUSTODY SO AS TO ENCOURAGE GOOD BEHAVIOR. Such  [allowances
 may]  CREDITS  SHALL  be [granted] GIVEN 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  institu-
 tional  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,  withhold-
 ing,  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]  CALCULATION  of  [allowances]  CREDITS
 authorized by this section FOR EACH PARTICIPANT.
   [5.] 3. 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  regu-
 lation to perform such duty.
   §  9.  The  correction law is amended by adding a new section 804-b to
 read as follows:
   § 804-B. MERIT TIME PRE-ALLOWANCE CREDITS AGAINST PRE-SENTENCING  TIME
 SERVED.  EVERY  PERSON  CONFINED  IN  AN INSTITUTION WAITING FOR A COURT
 APPEARANCE, TRIAL OR SENTENCING SHALL BE ASSIGNED A WORK  AND  TREATMENT
 PROGRAM  AS  SOON  AS PRACTICABLE. DETAINEES SHALL RECEIVE AN ADDITIONAL
 DAY OF CREDIT OFF THEIR POTENTIAL SENTENCE  FOR  EVERY  DAY  OF  PARTIC-
 IPATION  IN PROGRAMS THAT PROMOTE REHABILITATION AND PERSONAL GROWTH AND

 A. 7442                            16
 
 HEALTHY LIVING LIFESTYLES, PROVIDES JOB TRAINING, EDUCATION AND RE-ENTRY
 SKILLS, AND REDUCES RECIDIVISM.
   §  10.  Section  805 of the correction law, as amended by section 4 of
 part E of chapter 62 of the laws of 2003, is amended to read as follows:
   § 805. Earned eligibility program. Persons committed to the custody of
 the department under an indeterminate or determinate sentence of  impri-
 sonment  shall be assigned a work and treatment program as soon as prac-
 ticable. No earlier than two months prior to the inmate's eligibility to
 be paroled pursuant to subdivision one of section  70.40  of  the  penal
 law,  the commissioner shall review the inmate's institutional record to
 determine whether he has complied with  the  assigned  program.  If  the
 commissioner determines that the inmate has successfully participated in
 the  program he may issue the inmate a certificate of earned eligibility
 WITHIN THIRTY DAYS. Notwithstanding  any  other  provision  of  law,  an
 inmate  who  is  serving a sentence with a minimum term of not more than
 eight years and who has been issued a certificate of earned eligibility,
 shall be granted parole release at the expiration of his minimum term or
 as authorized by subdivision four of section eight  hundred  sixty-seven
 of  this  chapter  unless the board of parole determines that there is a
 reasonable probability that, if such inmate is  released,  he  will  not
 live  and  remain  at  liberty  without  violating  the law and that his
 release is not compatible with the welfare of society.  [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.]
   § 11. Section 805 of the correction law, as amended by chapter 262  of
 the laws of 1987, is amended to read as follows:
   § 805. Earned eligibility program. Persons committed to the custody of
 the  department under an indeterminate sentence of imprisonment shall be
 assigned a work and treatment program as soon as practicable. No earlier
 than two months prior to the expiration of an inmate's minimum period of
 imprisonment, the commissioner shall review the  inmate's  institutional
 record  to  determine whether he has complied with the assigned program.
 If the commissioner determines that the inmate has successfully  partic-
 ipated  in  the  program he may issue the inmate a certificate of earned
 eligibility WITHIN THIRTY DAYS. Notwithstanding any other  provision  of
 law, an inmate who is serving a sentence with a minimum term of not more
 than six years and who has been issued a certificate of earned eligibil-
 ity,  shall  be  granted parole release at the expiration of his minimum
 term or as authorized by  subdivision  four  of  section  eight  hundred
 sixty-seven  unless  the  board  of  parole  determines  that there is a
 reasonable probability that, if such inmate is  released,  he  will  not
 live  and  remain  at  liberty  without  violating  the law and that his
 release is not compatible with the welfare of society.  [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.]
   § 12. Section 89-b of the correction law, as added by chapter  549  of
 the laws of 1987, is amended to read as follows:
   §  89-b.  Good  behavior  time  [allowances]  CREDITS against definite
 sentences served in alternate correctional  facilities.  Notwithstanding
 any  other  provision  of  law,  the commissioner shall be authorized to
 [grant, withhold, cause to be forfeited,] KEEP or  [cancel  time  allow-
 ances]  FORFEIT  CREDITS  as  provided in and in compliance with section
 eight hundred four of the correction law.
   § 13. Subdivision 4 of section 70.30 of the penal law, as  amended  by
 chapter 3 of the laws of 1995, is amended to read as follows:

 A. 7442                            17
 
   4.  Good behavior time. Time [allowances] ALLOWANCE CREDITS earned for
 good behavior, pursuant to the provisions of the correction  law,  shall
 be computed and applied as follows:
   (a)  In  the  case of a person serving an indeterminate or determinate
 sentence, [the total of such allowances shall be calculated as  provided
 in  section  eight  hundred three of the correction law] UPON ENTRY INTO
 THE DEPARTMENT'S CUSTODY, SHALL RECEIVE A ONE-THIRD TIME CREDIT  AGAINST
 THE  MINIMUM  AND MAXIMUM OR AGGREGATE MAXIMUM TERM and the [allowances]
 CREDITS shall be applied as provided in paragraph (b) of subdivision one
 of section 70.40;
   (b) In the case of a person serving a definite sentence, [the total of
 such allowances] UPON ENTRY INTO THE DEPARTMENT'S  CUSTODY,  shall  [not
 exceed] RECEIVE one-third [of] TIME CREDIT AGAINST his term or aggregate
 term  [and  the  allowances  shall  be  applied as a credit against such
 term].
   § 14. Subdivision 4 of section 70.30 of the penal law, as  amended  by
 chapter  1030  of  the laws of 1965, paragraph (b) as amended by chapter
 145 of the laws of 1976, is amended to read as follows:
   4. Good behavior time. Time [allowances] ALLOWANCE CREDITS earned  for
 good  behavior,  pursuant to the provisions of the correction law, shall
 be computed and applied as follows:
   (a) In the case of a person serving an  indeterminate  sentence,  [the
 total  of  such  allowances]  UPON  ENTRY INTO THE DEPARTMENT'S CUSTODY,
 shall [not exceed] RECEIVE A one-third [of his] TIME CREDIT AGAINST  THE
 MINIMUM AND maximum or aggregate maximum term and the [allowances] CRED-
 ITS  shall  be  applied  as  provided  in subdivision one (b) of section
 70.40;
   (b) In the case of a person serving a definite sentence, [the total of
 such allowances] UPON ENTRY INTO THE DEPARTMENT'S  CUSTODY,  shall  [not
 exceed] RECEIVE one-third [of] TIME CREDIT AGAINST his term or aggregate
 term  [and  the  allowances  shall  be  applied as a credit against such
 term].
   § 15. Paragraphs (a) and (b) of subdivision 1 of section 70.40 of  the
 penal  law,  paragraph (a) as amended by section 127-c and paragraph (b)
 as amended by section 127-d-1 of subpart B of part C of  chapter  62  of
 the laws of 2011, are amended to read as follows:
   (a) Release on parole shall be in the discretion of the state board of
 parole, and such person shall continue service of his or her sentence or
 sentences  while  on  parole,  in  accordance  with  and  subject to the
 provisions of the executive law and the correction law.
   (i) A person who  is  serving  one  or  more  than  one  indeterminate
 sentence of imprisonment may be paroled from the institution in which he
 or  she  is  confined at any time after the expiration of the minimum or
 the aggregate minimum period of the sentence or sentences REDUCED BY THE
 GOOD BEHAVIOR CREDITS KEPT PURSUANT TO PARAGRAPH (D) OF SUBDIVISION  ONE
 OF  SECTION EIGHT HUNDRED THREE OF THE CORRECTION LAW or, where applica-
 ble, the minimum or aggregate minimum period reduced by the  merit  time
 allowance  granted  pursuant  to  paragraph  (d)  of  subdivision one of
 section eight hundred three of the correction law.
   (ii) A person who is serving one or more than one determinate sentence
 of imprisonment shall be ineligible for discretionary release on parole.
   (iii) A person who is serving  one  or  more  than  one  indeterminate
 sentence  of  imprisonment and one or more than one determinate sentence
 of imprisonment, which run concurrently may be paroled at any time after
 the expiration of the minimum period of imprisonment of  the  indetermi-
 nate  sentence  or  sentences, or upon the expiration of six-sevenths of

 A. 7442                            18

 the term of imprisonment  of  the  determinate  sentence  or  sentences,
 whichever is later.
   (iv)  A  person  who  is  serving  one  or more than one indeterminate
 sentence of imprisonment and one or more than one  determinate  sentence
 of imprisonment which run consecutively may be paroled at any time after
 the  expiration of the sum of the minimum or aggregate minimum period of
 the indeterminate sentence or sentences and six-sevenths of the term  or
 aggregate term of imprisonment of the determinate sentence or sentences.
   (v) Notwithstanding any other subparagraph of this paragraph, a person
 may  be  paroled  from the institution in which he or she is confined at
 any time on medical parole pursuant to section two hundred  fifty-nine-r
 or section two hundred fifty-nine-s of the executive law or for deporta-
 tion pursuant to paragraph (d) of subdivision two of section two hundred
 fifty-nine-i  of the executive law or after the successful completion of
 a shock incarceration program pursuant to article  twenty-six-A  of  the
 correction law.
   (b)  A  person  who  is  serving one or more than one indeterminate or
 determinate sentence of imprisonment shall, if he or she so requests, be
 conditionally released from the  institution  in  which  he  or  she  is
 confined  [when  the  total  good  behavior  time allowed to him or her,
 pursuant to the provisions of  the  correction  law,  is  equal  to  the
 unserved  portion  of his or her term, maximum term or aggregate maximum
 term] AFTER APPLICATION OF GOOD TIME CREDIT REDUCED BY  THE  MERIT  TIME
 ALLOWANCE EARNED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 EIGHT  HUNDRED  THREE OF THE CORRECTION LAW; provided, however, that (i)
 in no event shall a person serving one or more indeterminate sentence of
 imprisonment and one or more determinate sentence of imprisonment  which
 run  concurrently  be conditionally released until serving at least six-
 sevenths of the determinate term of imprisonment which has  the  longest
 unexpired  time  to  run  and  (ii) in no event shall a person be condi-
 tionally released prior to the date on which such person is first eligi-
 ble for discretionary parole release. The conditions of release, includ-
 ing those governing post-release supervision, shall be such  as  may  be
 imposed  by  the state board of parole in accordance with the provisions
 of the executive law.
   Every person so released shall be under the supervision of  the  state
 department  of  corrections and community supervision for a period equal
 to the unserved portion of the term,  maximum  term,  aggregate  maximum
 term, or period of post-release supervision.
   §  16. Paragraphs (a) and (b) of subdivision 1 of section 70.40 of the
 penal law, paragraph (a) as amended by section 127-d and  paragraph  (b)
 as  amended by section 127-e of subpart B of part C of chapter 62 of the
 laws of 2011, are amended to read as follows:
   (a) (i) A person who is serving one or  more  than  one  indeterminate
 sentence of imprisonment may be paroled from the institution in which he
 or  she  is  confined at any time after the expiration of the minimum or
 the  aggregate  minimum  period  of  imprisonment  of  the  sentence  or
 sentences  REDUCED  BY THE GOOD BEHAVIOR CREDITS KEPT AND THE MERIT TIME
 ALLOWANCE CREDITS EARNED PURSUANT TO PARAGRAPHS (A) AND (D) OF  SUBDIVI-
 SION  ONE  OF SECTION EIGHT HUNDRED THREE OF THE CORRECTION LAW or after
 the successful completion of a shock incarceration program,  as  defined
 in  article  twenty-six-A  of  the  correction law, whichever is sooner.
 Release on parole shall be in the  discretion  of  the  state  board  of
 parole, and such person shall continue service of his or her sentence or
 sentences  while  on  parole,  in  accordance  with  and  subject to the
 provisions of the executive law and the correction law.

 A. 7442                            19
 
   (ii) A person who is  serving  one  or  more  than  one  indeterminate
 sentence of imprisonment may be paroled from the institution in which he
 or  she  is  confined at any time after the expiration of the minimum or
 the aggregate minimum period of the sentence or sentences REDUCED BY THE
 GOOD  BEHAVIOR  CREDITS KEPT AND THE MERIT TIME ALLOWANCE CREDITS EARNED
 PURSUANT TO PARAGRAPHS (A) AND (D) OF SUBDIVISION ONE OF  SECTION  EIGHT
 HUNDRED THREE OF THE CORRECTION LAW.
   (b)  A  person  who  is  serving  one  or  more than one indeterminate
 sentence of imprisonment shall, if he or  she  so  requests,  be  condi-
 tionally  released  from  the institution in which he or she is confined
 [when the total good behavior time allowed to him or  her,  pursuant  to
 the  provisions  of the correction law, is equal to the unserved portion
 of his or her maximum or aggregate maximum term]  AFTER  APPLICATION  OF
 GOOD  TIME CREDIT REDUCED BY THE MERIT TIME ALLOWANCE EARNED PURSUANT TO
 PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED THREE  OF  THE
 CORRECTION  LAW.    The conditions of release, including those governing
 post-release supervision, shall be such as may be imposed by  the  state
 board of parole in accordance with the provisions of the executive law.
   Every person so released shall be under the supervision of the depart-
 ment  of corrections and community supervision for a period equal to the
 unserved portion of the maximum, aggregate maximum term,  or  period  of
 post-release supervision.
   § 17. This act shall take effect immediately, provided, however, that:
   (a)  the  amendments  to  section  803  of  the correction law made by
 section three of this act shall be subject to the expiration and  rever-
 sion  of such section pursuant to section 74 of chapter 3 of the laws of
 1995, as amended, when upon such date the provisions of section four  of
 this act shall take effect;
   (b)  the  amendments  to  section  805  of  the correction law made by
 section ten of this act shall be subject to the expiration and reversion
 of such section pursuant to section 74 of chapter 3 of the laws of 1995,
 as amended, when upon such date the provisions of section eleven of this
 act shall take effect;
   (c) the amendments to subdivision 4 of section 70.30 of the penal  law
 made  by section thirteen of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 74 of chapter 3 of
 the laws of 1995, as amended, when upon  such  date  the  provisions  of
 section fourteen of this act shall take effect; and
   (d)  the  amendments  to  paragraphs  (a)  and (b) of subdivision 1 of
 section 70.40 of the penal law made by section fifteen of this act shall
 be subject to the expiration and reversion of such  paragraphs  pursuant
 to  section 74 of chapter 3 of the laws of 1995, when upon such date the
 provisions of section sixteen shall take effect.