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This entry was published on 2014-09-22
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Good behavior allowances against definite sentences
Correction (COR) CHAPTER 43, ARTICLE 24
§ 804. Good behavior allowances against definite sentences. 1. Every
person confined in an institution serving a definite sentence of
imprisonment may receive 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. 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. If a person is serving more than one sentence, the authorized
allowances may be granted separately against the term of each sentence
or, where consecutive sentences are involved, against the aggregate
term. Allowances based upon sentences of less than one month may be
granted, and in such case the maximum 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

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

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
subsequent conduct while serving the remainder of his term.

5. 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.

6. 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
community supervision, subdivisions three and four of section eight
hundred three of this chapter shall apply.

7. 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 designated
in the regulation to perform such duty.