New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances › Subchapter E - Limited Credit Time Allowances › Part 290 - Limited Credit Time Allowances › Section 290.4 - Application and appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
The department's central office computer identifies those
					 inmates at each facility who presently are eligible and reviewable for a
					 possible LCTA approval. An otherwise eligible inmate may be considered for LCTA
					 approval when he or she is within seven months of his or her LCTA conditional
					 release date. However, eligible inmates will only be screened for reviewability
					 when they have been in the department's custody for two years. On a monthly
					 basis, each facility, through its computer capability, will print the list of
					 those inmates who have been determined to be both eligible and suitable to
					 apply for the LCTA benefit. The name of an otherwise eligible inmate will not
					 appear on the LCTA list if such inmate had a recommended loss of good time
					 sanction within the five-year period prior to his or her LCTA date. The Deputy
					 Superintendent for Program Services, or designee, will forward the LCTA list to
					 the facility law library. The law library officer will provide a Form #4120,
					 "Application for Limited Credit Time Allowance," to any interested and eligible
					 inmate whose name appears on the LCTA list. The application is a two-sided
					 document. It is the sole responsibility of the eligible inmate to complete an
					 LCTA application and submit it to his or her assigned Offender Rehabilitation
					 Coordinator. The Offender Rehabilitation Coordinator will review the
					 application in accordance with the disciplinary evaluation criteria and the
					 program evaluation criteria. A separate review by the Limited Credit Time
					 Allowance Committee will be required in any case where the inmate received a
					 recommended loss of good time sanction for an incident that occurred more than
					 five years prior to such inmate's LCTA date. Any application that is denied at
					 the facility level may be appealed by the inmate to the commissioner's office
					 within 30 days of receipt. If the denial is based upon the inmate's
					 disciplinary record, it shall be forwarded to the Director of Special
					 Housing/Inmate Disciplinary Programs, as the commissioner's designee. If the
					 denial is based upon a failure to satisfy program requirements, the appeal
					 shall be forwarded to the Director of Guidance and Counseling, as the
					 commissioner's designee. An application that is approved through all levels of
					 review at the facility must then be submitted for final review by central
					 office. The decision of central office either to approve or disapprove the LCTA
					 application is final. An inmate may not further appeal an LCTA denial by
					 central office. The commissioner may revoke, at any time, LCTA credit for any
					 disciplinary infraction committed by the inmate or any failure to continue to
					 pursue his or her Earned Eligibility Plan/Program Plan.