Section 803*2. 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 sentence with a
  maximum term of life imprisonment, may receive  time  allowance  against
  the  maximum  term  or  period  of  his  sentence  not  to exceed in the
  aggregate one-third of the term or period 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 canceled
  in whole or in part for bad behavior, violation of  institutional  rules
  or failure to perform properly in the duties or program assigned.

    (d)  (i)  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  imprisonment  of  one  year  or  more imposed
  pursuant to section 70.70 or 70.71 of the penal law, may  earn  a  merit
  time allowance.
    (ii)  Such  merit  time allowance shall not be available to any person
  serving an indeterminate 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, manslaughter in the second
  degree,   vehicular   manslaughter   in  the  second  degree,  vehicular
  manslaughter in the first  degree,  criminally  negligent  homicide,  an
  offense  defined in article one hundred thirty of the penal law, incest,
  or an offense defined in article two hundred sixty-three  of  the  penal
  law, or aggravated harassment of an employee by an inmate.
    (iii)  The  merit  time allowance 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.
    (iv)  Such  merit  time  allowance  may  be  granted  when  an  inmate
  successfully participates in the work  and  treatment  program  assigned
  pursuant  to  section  eight  hundred five of this article and when such
  inmate obtains a general equivalency diploma, an alcohol  and  substance
  abuse treatment certificate, 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.
    Such  allowance  shall  be  withheld  for  any  serious   disciplinary
  infraction  or  upon  a judicial determination that the person, while an
  inmate, commenced or continued a civil action, 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 inmate, against a state agency, officer or employee.
    (v) The provisions of this paragraph shall apply to persons in custody
  serving  an  indeterminate  sentence  on  the  effective  date  of  this
  paragraph  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
  subparagraph  (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
  indeterminate  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
  aggregate  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
  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, 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
  article 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
  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.
    3. The commissioner of correctional services  shall  promulgate  rules
  and  regulations for the granting, withholding, forfeiture, cancellation
  and restoration of allowances authorized by this section  in  accordance
  with  the  criteria  herein  specified. Such rules and regulations shall
  include  provisions  designating  the  person  or  committee   in   each
  correctional  institution delegated to make discretionary determinations
  with respect to the allowances, the books and records to be kept, and  a
  procedure   for  review  of  the  institutional  determinations  by  the
  commissioner.
    4. No person shall have the right to demand or require the  allowances
  authorized  by  this  section.  The  decision  of  the  commissioner  of
  correctional services  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. Time allowances granted prior to any release on parole or prior  to
  any  conditional release shall be forfeited and shall not be restored if
  the  paroled  or  conditionally  released  person  is  returned  to   an
  institution   under   the   jurisdiction  of  the  state  department  of
  correctional  services  for  violation  of  parole,  violation  of   the
  conditions of release or by reason of a conviction for a crime committed
  while on parole or conditional release. A person who is so returned may,
  however,  subsequently  receive  time  allowances  against the remaining
  portion of his maximum or aggregate maximum term or period not to exceed
  in the aggregate one-third  of  such  portion  provided  such  remaining
  portion  of his maximum or aggregate maximum term or period is more than
  one year.
    6. 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.
    * NB Effective September 1, 2011