Section 804. Good behavior allowances against definite sentences  


Latest version.
  • 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
      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,
      withholding, 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
      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   correction,
      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.