New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.8 - Procedure of time allowance committees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The file of each resident who is serving
				  an indeterminate sentence and who is entitled to be considered for good
				  behavior allowance shall be considered at least once a year during the time of
				  his confinement. All jail and/or detention time and other credits against the
				  sentence shall be calculated as part of the first one-year period. Where the
				  incident leading to the credit occurs at a subsequent time, the credit shall be
				  calculated as part of the first year following the occurrence of such
				  incident.
(b) Irrespective of when
				  the last consideration of the file of a resident serving an indeterminate
				  sentence occurred, the file of a resident shall be considered during the third
				  month preceding the month of the earliest possible date he would be entitled to
				  consideration for parole or conditional or other release if that date depends
				  upon the amount of good behavior allowance to be granted, based upon the
				  assumption that he has earned all the good behavior allowances that can be
				  granted. In any case, where the annual review would occur within six months of
				  the review required by this section, the annual review need not be
				  conducted.
(c) Where a resident is
				  serving a definite sentence of imprisonment with a term of one year or less,
				  the committee shall review his file not more than six nor less than two weeks
				  before the earliest possible date he would be entitled to release if he had
				  earned all the good behavior allowances that can be granted.
(d) The committee shall consider the entire
				  file of the resident and then shall decide upon a recommendation as to the
				  amount of good behavior allowance to be granted, applying the criteria set
				  forth in sections 179-2.5 and
				  179-2.6 of this Subpart. Where the
				  committee does not recommend granting the total good behavior allowance
				  authorized, they shall proceed as provided in section 179- 2.9 of this
				  Subpart.
(e) The committee shall
				  not recommend the granting of the total allowance authorized by law or the
				  withholding of any part of the allowance in accordance with any automatic rule,
				  but shall appraise the entire facility experience of the resident and make its
				  own determination.
(f) The
				  committee shall promptly report the results of its deliberations in writing to
				  the facility director. Such report shall set forth the committee's
				  recommendation of the good behavior allowance to be granted for the period
				  under consideration and the reasons for the recommendation.
(g) Where a period of good behavior allowance
				  has been declared lost in a determination of a facility director's proceeding,
				  such time shall be excluded from the amount the committee is authorized to
				  recommend for allowance, but on the last consideration to occur before the
				  earliest parole or conditional or other release date, the committee shall
				  consider and set forth its recommendation as to whether the resident's
				  subsequent behavior merits restoration of all or part of the lost allowance and
				  its reasons therefor. The committee shall evaluate the following factors in
				  determining whether to restore the lost allowance:
(1) the number of facility director's
				  proceedings held, the time span over which they occurred and the disposition of
				  each;
(2) the misbehaviors for
				  which the facility director's proceedings were held;
(3) the duration and recency of the
				  misbehavior free periods; and
(4)
				  the resident's effort to change and the degree of change indicated.