State Codes and Statutes

Statutes > New-york > Cor > Article-24 > 804

§  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  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.

State Codes and Statutes

Statutes > New-york > Cor > Article-24 > 804

§  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  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-24 > 804

§  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  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.