2023 New York Laws › COR - Correction › Article 24 - Provisions Applicable to Sentences Imposed Under the the Revised Penal Plan › 803-B - Limited Credit Time Allowances for Incarcerated Individuals Serving Indeterminate or Determinate Sentences Imposed for Specified Offenses.

§  803-b.  Limited credit time allowances for incarcerated individuals
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 incarcerated individual 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  incarcerated  individual 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
incarcerated individual:
(i) participates in no less than two years of college programming; or
(ii)  obtains  an associate degree, bachelor's degree, master's degree
or doctoral degree by completing a registered program from  a  New  York
state   degree-granting   institution,   or  a  program  offered  by  an
out-of-state  institution  of  higher  education  authorized  to   offer
post-secondary   distance  education  in  New  York  state  pursuant  to
applicable rules and regulations promulgated by the education department
of the state of New York; or
(iii) successfully participates as an incarcerated individual  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 incarcerated individual hospice aid for a
period of no less than two years; or
(vi) successfully works in the division  of  correctional  industries'
optical  program for no less than two years and receives a certification
as an optician from the American board of opticianry; or
(vii) receives an asbestos handling certificate from the department of
labor upon successful completion of the training program and then  works
in  the  division of correctional industries' asbestos abatement program
as a hazardous materials removal worker or group leader for no less than
eighteen months; or
(viii) successfully completes the course  curriculum  and  passes  the
minimum  competency  screening  process performance examination for sign
language interpreter, and then works as a sign language interpreter  for
deaf incarcerated individuals for no less than one year; or
(ix)  successfully  works  in  the  puppies  behind bars program for a
period of no less than two years; or
(x) successfully participates in a vocational  culinary  arts  program
for  a period of no less than two years and earns a servsafe certificate
that is recognized by the national restaurant association; or
(xi) successfully completes the  four  hundred  ninety  hour  training
program  while  assigned  to a department of motor vehicles call center,
and continues to work at such call center for an  additional  twenty-one
months; or
(xii)  receives  a  certificate  from the food production center in an
assigned position following the completion of no less than eight hundred
hours of work in such position, and continues to work for an  additional
eighteen months at the food production center.
(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  incarcerated   individual,
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 incarcerated individual 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  incarcerated
individual 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.