Section 803-B. Limited credit time allowances for inmates 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  inmate 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 inmate 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 inmate:
    (i) participates in no less than two years of college programming; or

    (ii) obtains a masters of professional studies degree; or
    (iii)  successfully participates as an inmate 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 inmate hospice aid for a period of no
  less than two years.
    (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 inmate, 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 inmate
  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 inmate 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.