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This entry was published on 2021-08-13
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SECTION 803-B
Limited credit time allowances for incarcerated individuals serving indeterminate or determinate sentences imposed for specified offenses
Correction (COR) CHAPTER 43, ARTICLE 24
§ 803-b. Limited credit time allowances for incarcerated individuals
serving indeterminate or determinate sentences imposed for specified
offenses. 1. Definitions. As used in this section the following terms
shall have the following meanings:

(a) "eligible offender" means a person under the custody of the
department or confined in a facility in the department of mental
hygiene, other than a person who is subject to a sentence imposed for
murder in the first degree as defined in section 125.27 of the penal
law, an offense defined in article one hundred thirty of such law, or an
attempt or a conspiracy to commit any such offense, who is otherwise
subject to:

(i) an indeterminate sentence imposed for any class A-I felony offense
other than criminal possession of a controlled substance in the first
degree as defined in section 220.21 of the penal law or criminal sale of
a controlled substance in the first degree as defined in section 220.43
of such law or an attempt or a conspiracy to commit such controlled
substance offense; or

(ii) an indeterminate or determinate sentence imposed for an offense
listed in subdivision one of section 70.02 of the penal law; or

(iii) an indeterminate or determinate sentence imposed for an offense
defined in article one hundred twenty-five of the penal law.

(b) "limited credit time benefit" means:

(i) in the case of an eligible offender who is subject to an
indeterminate sentence with a maximum term of life imprisonment, such
offender shall be eligible for release six months before the completion
of the controlling minimum period of imprisonment as defined by
subdivision one of section 70.40 of the penal law; or

(ii) (A) in the case of an eligible offender who is not subject to an
indeterminate sentence with a maximum term of life imprisonment, such
offender shall be eligible for conditional release six months earlier
than as provided by paragraph (b) of subdivision one of section 70.40 of
the penal law, provided that the department determines such offender has
earned the full amount of good time authorized by section eight hundred
three of this article; the withholding of any good behavior time credit
by the department shall render an incarcerated individual ineligible for
the credit defined herein;

(B) in the event the limited credit time benefit defined herein causes
such conditional release date to precede the parole eligibility date as
calculated pursuant to subdivision one of section 70.40 of the penal
law, a limited credit time benefit shall also be applied to the parole
eligibility date, but only to the extent necessary to cause such parole
eligibility date to be the same date as the conditional release date;

(C) an incarcerated individual shall not be eligible for the credit
defined herein if he or she is returned to the department pursuant to a
revocation of presumptive release, parole, conditional release, or
post-release supervision and has not been sentenced to an additional
indeterminate or determinate term of imprisonment.

(iii) Regardless of the number of sentences to which an eligible
offender is subject, the limited credit time benefit authorized pursuant
to this section shall be limited to a single six-month credit applied to
such person's parole eligibility date pursuant to subparagraph (i) of
this paragraph or to such person's conditional release date pursuant to
subparagraph (ii) of this paragraph. Except as provided in clause (B) of
subparagraph (ii) of this paragraph, the limited credit time benefit
authorized pursuant to this section shall not be applied to an eligible
offender's parole eligibility date and conditional release date.

(c) "significant programmatic accomplishment" means that the
incarcerated individual:

(i) participates in no less than two years of college programming; or

(ii) obtains an associate degree, bachelor's degree, master's degree
or doctoral degree by completing a registered program from a New York
state degree-granting institution, or a program offered by an
out-of-state institution of higher education authorized to offer
post-secondary distance education in New York state pursuant to
applicable rules and regulations promulgated by the education department
of the state of New York; or

(iii) successfully participates as an incarcerated individual program
associate for no less than two years; or

(iv) receives a certification from the state department of labor for
his or her successful participation in an apprenticeship program; or

(v) successfully works as an incarcerated individual hospice aid for a
period of no less than two years; or

(vi) successfully works in the division of correctional industries'
optical program for no less than two years and receives a certification
as an optician from the American board of opticianry; or

(vii) receives an asbestos handling certificate from the department of
labor upon successful completion of the training program and then works
in the division of correctional industries' asbestos abatement program
as a hazardous materials removal worker or group leader for no less than
eighteen months; or

(viii) successfully completes the course curriculum and passes the
minimum competency screening process performance examination for sign
language interpreter, and then works as a sign language interpreter for
deaf incarcerated individuals for no less than one year; or

(ix) successfully works in the puppies behind bars program for a
period of no less than two years; or

(x) successfully participates in a vocational culinary arts program
for a period of no less than two years and earns a servsafe certificate
that is recognized by the national restaurant association; or

(xi) successfully completes the four hundred ninety hour training
program while assigned to a department of motor vehicles call center,
and continues to work at such call center for an additional twenty-one
months; or

(xii) receives a certificate from the food production center in an
assigned position following the completion of no less than eight hundred
hours of work in such position, and continues to work for an additional
eighteen months at the food production center.

(d) "serious disciplinary infraction" or "overall poor institutional
record" shall be defined in regulations promulgated by the commissioner
and need not be the same as the regulations promulgated for the meaning
of serious disciplinary infraction pursuant to paragraph (d) of
subdivision one of section eight hundred three of this article.

(e) "disqualifying judicial determination" means a judicial
determination that the person, while an incarcerated individual,
commenced or continued a civil action or proceeding or claim that was
found to be frivolous as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice 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 incarcerated individual against a state agency, officer or
employee.

2. Every eligible offender under the custody of the department or
confined in a facility in the department of mental hygiene may earn a
limited credit time allowance if such offender successfully participates
in the work and treatment program assigned pursuant to section eight
hundred five of this article and:

(a) successfully completes one or more significant programmatic
accomplishments; and

(b) has not committed a serious disciplinary infraction or maintained
an overall negative institutional record as defined in rules and
regulations promulgated by the commissioner; and

(c) has not received a disqualifying judicial determination.

3. No person shall have the right to demand or require the credit
authorized by this section. The commissioner may revoke at any time such
credit for any disciplinary infraction committed by the incarcerated
individual or for any failure to continue to participate successfully in
any assigned work and treatment program after the certificate of earned
eligibility has been awarded. 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.