2023 New York Laws › COR - Correction › Article 24 - Provisions Applicable to Sentences Imposed Under the the Revised Penal Plan › 804 - Good Behavior Allowances Against Definite Sentences.

§  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  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.