* § 803. Good behavior allowances against indeterminate and
determinate sentences. 1. (a) Every person confined in an institution of
the department or a facility in the department of mental hygiene serving
an indeterminate or determinate sentence of imprisonment, except a
person serving a sentence with a maximum term of life imprisonment, may
receive time allowance against the term or maximum term of his or her
sentence 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 canceled in whole or in part for bad behavior,
violation of institutional rules or failure to perform properly in the
duties or program assigned.

(b) A person serving an indeterminate sentence of imprisonment may
receive time allowance against the maximum term of his or her sentence
not to exceed one-third of the maximum term imposed by the court.

(c) A person serving a determinate sentence of imprisonment may
receive time allowance against the term of his or her sentence not to
exceed one-seventh of the term imposed by the court.

(d) (i) Except as provided in subparagraph (ii) of this paragraph,
every person under the custody of the department or confined in a
facility in the department of mental hygiene serving an indeterminate
sentence of imprisonment with a minimum period of one year or more or a
determinate sentence of imprisonment of one year or more imposed
pursuant to section 70.70 or 70.71 of the penal law, may earn a merit
time allowance.

(ii) Such merit time allowance shall not be available to any person
serving an indeterminate sentence authorized for an A-I felony offense,
other than an A-I felony offense defined in article two hundred twenty
of the penal law, or any sentence imposed for a violent felony offense
as defined in section 70.02 of the penal law, manslaughter in the second
degree, vehicular manslaughter in the second degree, vehicular
manslaughter in the first degree, criminally negligent homicide, an
offense defined in article one hundred thirty of the penal law, incest,
or an offense defined in article two hundred sixty-three of the penal
law, or aggravated harassment of an employee by an incarcerated
individual.

(iii) The merit time allowance credit against the minimum period of
the indeterminate sentence shall be one-sixth of the minimum period
imposed by the court except that such credit shall be one-third of the
minimum period imposed by the court for an A-I felony offense defined in
article two hundred twenty of the penal law. In the case of such a
determinate sentence, in addition to the time allowance credit
authorized by paragraph (c) of this subdivision, the merit time
allowance credited against the term of the determinate sentence pursuant
to this paragraph shall be one-seventh of the term imposed by the court.

(iv) Such merit time allowance may be granted when an incarcerated
individual successfully participates in the work and treatment program
assigned pursuant to section eight hundred five of this article and when
such incarcerated individual obtains a general equivalency diploma, an
alcohol and substance abuse treatment certificate, a vocational trade
certificate following at least six months of vocational programming, at
least eighteen credits in a program registered by the state education
department from a degree-granting higher education institution or
performs at least four hundred hours of service as part of a community
work crew.

Such allowance shall be withheld for any serious disciplinary
infraction or upon a judicial determination that the person, while an
incarcerated individual, commenced or continued a civil action,
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.

(v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date of this
paragraph as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this paragraph and prior to September
first, two thousand five and to persons sentenced to a determinate
sentence prior to September first, two thousand eleven for a felony as
defined in article two hundred twenty or two hundred twenty-one of the
penal law.

2. If a person is serving more than one sentence, the authorized
allowances may be granted separately against the term or maximum term of
each sentence or, where consecutive sentences are involved, against the
aggregate maximum term. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run
concurrently may receive time allowance not to exceed one-third of the
indeterminate sentence which has the longest unexpired time to run.

(b) A person serving two or more indeterminate sentences which run
consecutively may receive time allowance not to exceed one-third of the
aggregate maximum term.

(c) A person serving two or more determinate sentences which run
concurrently may receive time allowance not to exceed one-seventh of the
determinate sentence which has the longest unexpired time to run.

(d) A person serving two or more determinate sentences which run
consecutively may receive time allowance not to exceed one-seventh of
the aggregate maximum term.

(e) A person serving one or more indeterminate sentence and one or
more determinate sentence which run concurrently may receive time
allowance not to exceed one-third of the indeterminate sentence which
has the longest unexpired term to run or one-seventh of the determinate
sentence which has the longest unexpired time to run, whichever
allowance is greater.

(f) A person serving one or more indeterminate sentence and one or
more determinate sentence which run consecutively may receive time
allowance not to exceed the sum of one-third of the maximum or aggregate
maximum of the indeterminate sentence or sentences and one-seventh of
the term or aggregate maximum of the determinate sentence or sentences.

2-a. If a person is serving more than one sentence, the authorized
merit time allowances may be granted against the period or aggregate
minimum period of the indeterminate sentence or sentences, or against
the term or aggregate term of the determinate sentence or sentences, or
where consecutive determinate and indeterminate sentences are involved,
against the aggregate minimum period as calculated pursuant to
subparagraph (iv) of paragraph (a) of subdivision one of section 70.40
of the penal law. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run
concurrently may receive a merit time allowance not to exceed one-sixth
of the minimum period of the indeterminate sentence imposed for an
offense other than an A-I felony offense defined in article two hundred
twenty of the penal law, or one-third of the minimum period of the
indeterminate sentence imposed for an A-I felony offense defined in
article two hundred twenty of the penal law, whichever allowance results
in the longest unexpired time to run.

(b) A person serving two or more indeterminate sentences which run
consecutively may receive a merit time allowance not to exceed the
amount of one-third of the minimum or aggregate minimum period of the
sentences imposed for an A-I felony offense defined in article two
hundred twenty of the penal law, plus one-sixth of the minimum or
aggregate minimum period of the sentences imposed for an offense other
than such A-I felony offense.

(c) A person serving two or more determinate sentences for an offense
defined in article two hundred twenty or two hundred twenty-one of the
penal law which run concurrently may receive a merit time allowance not
to exceed one-seventh of the term of the determinate sentence which has
the longest unexpired time to run.

(d) A person serving two or more determinate sentences for an offense
defined in article two hundred twenty or two hundred twenty-one of the
penal law which run consecutively may receive a merit time allowance not
to exceed one-seventh of the aggregate term of such determinate
sentences.

(e) A person serving one or more indeterminate sentences and one or
more determinate sentences for an offense defined in article two hundred
twenty or two hundred twenty-one of the penal law which run concurrently
may receive a merit time allowance not to exceed one-sixth of the
minimum period of the indeterminate sentence imposed for an offense
other than an A-I felony offense defined in article two hundred twenty
of the penal law, one-third of the minimum period of the indeterminate
sentence imposed for an A-I felony offense defined in article two
hundred twenty of the penal law, or one-seventh of the term of the
determinate sentence, whichever allowance results in the largest
unexpired time to run.

(f) A person serving one or more indeterminate sentences and one or
more determinate sentences which run consecutively may receive a merit
time allowance not to exceed the sum of one-sixth of the minimum or
aggregate minimum period of the indeterminate sentence or sentences
imposed for an offense other than an A-I felony offense defined in
article two hundred twenty of the penal law, one-third of the minimum or
aggregate minimum period of the indeterminate sentence or sentences
imposed for an A-I felony offense defined in article two hundred twenty
of the penal law and one-seventh of the term or aggregate term of the
determinate sentence or sentences.

(g) The provisions of this subdivision shall apply to persons in
custody serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to
September first, two thousand five and to persons sentenced to a
determinate sentence prior to September first, two thousand eleven for a
felony as defined in article two hundred twenty or two hundred
twenty-one of the penal law.

** 2-b. Notwithstanding the foregoing, if a person is serving more
than one indeterminate sentence, at least one of which is imposed for a
class A-I felony offense defined in article two hundred twenty of the
penal law, the authorized merit time allowance granted pursuant to
paragraph (d) of subdivision one of this section shall be calculated as
follows:

(a) In the event a person is serving two or more indeterminate
sentences with different minimum periods which run concurrently, the
merit time allowance shall be based upon the sentence with the longest
unexpired minimum period. If the sentence with the longest unexpired
minimum period was imposed for a class A-I felony, the merit time credit
shall be one-third of such sentence's minimum period; if such sentence
was imposed for an offense other than a class A-I felony, such merit
time credit shall be one-sixth of such sentence's minimum period.
Provided, however, that where the minimum period of any other concurrent
indeterminate sentence is greater than such reduced minimum period, the
minimum period of such other concurrent indeterminate sentence shall
also be reduced but only to the extent that the minimum period of such
other concurrent sentence, as so reduced, is equal to the reduced
minimum period of such sentence with the longest unexpired minimum
period to run.

(b) A person serving two or more indeterminate sentences with the same
minimum periods which run concurrently, and no concurrent indeterminate
sentence with any greater minimum period, shall have the minimum period
of each such sentence reduced in the amount of one-third of such minimum
period if all such sentences were imposed for a class A-I felony.

(c) A person serving two or more indeterminate sentences that run
consecutively shall have the aggregate minimum period of such sentences
reduced in the amount of one-third of such aggregate minimum period of
the sentences imposed for a class A-I felony, plus one-sixth of such
aggregate minimum period of the sentences imposed for an offense other
than a class A-I felony.

** NB Repealed September 1, 2025

3. The commissioner of corrections and community supervision shall
promulgate rules and regulations for the granting, withholding,
forfeiture, cancellation and restoration of allowances authorized by
this section in accordance with the criteria herein specified. Such
rules and regulations shall include provisions designating the person or
committee in each correctional institution delegated to make
discretionary determinations with respect to the allowances, the books
and records to be kept, and a procedure for review of the institutional
determinations by the commissioner.

4. No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of
corrections and community supervision 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.

5. Time allowances granted prior to any release to community
supervision shall be forfeited and shall not be restored if the released
person is returned to an institution under the jurisdiction of the state
department of corrections and community supervision for violation of
community supervision or by reason of a conviction for a crime committed
while on community supervision. A person who is so returned may,
however, subsequently receive time allowances against the remaining
portion of his or her term, maximum term or aggregate maximum term
pursuant to this section and provided such remaining portion of his or
her term, maximum term, or aggregate maximum term is more than one year.

6. Upon commencement of an indeterminate or a determinate 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 a
person designated by the commissioner to perform such duty.

* NB Effective until September 1, 2025

* § 803. Good behavior allowances against indeterminate sentences. 1.
(a) Every person confined in an institution of the department or a
facility in the department of mental hygiene serving an indeterminate
sentence of imprisonment, except a person serving a sentence with a
maximum term of life imprisonment, may receive time allowance against
the maximum term or period of his sentence not to exceed in the
aggregate one-third of the term or period 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 canceled
in whole or in part for bad behavior, violation of institutional rules
or failure to perform properly in the duties or program assigned.

(d) (i) Except as provided in subparagraph (ii) of this paragraph,
every person under the custody of the department or confined in a
facility in the department of mental hygiene serving an indeterminate
sentence of imprisonment with a minimum period of one year or more or a
determinate sentence of imprisonment of one year or more imposed
pursuant to section 70.70 or 70.71 of the penal law, may earn a merit
time allowance.

(ii) Such merit time allowance shall not be available to any person
serving an indeterminate sentence authorized for an A-I felony offense,
other than an A-I felony offense defined in article two hundred twenty
of the penal law, or any sentence imposed for a violent felony offense
as defined in section 70.02 of the penal law, manslaughter in the second
degree, vehicular manslaughter in the second degree, vehicular
manslaughter in the first degree, criminally negligent homicide, an
offense defined in article one hundred thirty of the penal law, incest,
or an offense defined in article two hundred sixty-three of the penal
law, or aggravated harassment of an employee by an incarcerated
individual.

(iii) The merit time allowance credit against the minimum period of
the indeterminate sentence shall be one-sixth of the minimum period
imposed by the court except that such credit shall be one-third of the
minimum period imposed by the court for an A-I felony offense defined in
article two hundred twenty of the penal law. In the case of such a
determinate sentence, in addition to the time allowance credit
authorized by paragraph (c) of this subdivision, the merit time
allowance credited against the term of the determinate sentence pursuant
to this paragraph shall be one-seventh of the term imposed by the court.

(iv) Such merit time allowance may be granted when an incarcerated
individual successfully participates in the work and treatment program
assigned pursuant to section eight hundred five of this article and when
such incarcerated individual obtains a general equivalency diploma, an
alcohol and substance abuse treatment certificate, a vocational trade
certificate following at least six months of vocational programming, at
least eighteen credits in a program registered by the state education
department from a degree-granting higher education institution or
performs at least four hundred hours of service as part of a community
work crew.

Such allowance shall be withheld for any serious disciplinary
infraction or upon a judicial determination that the person, while an
incarcerated individual, commenced or continued a civil action,
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.

(v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date of this
paragraph as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this paragraph and prior to September
first, two thousand five and to persons sentenced to a determinate
sentence prior to September first, two thousand eleven for a felony as
defined in article two hundred twenty or two hundred twenty-one of the
penal law.

1-a. A person serving a determinate sentence imposed pursuant to
section 70.70 or 70.71 of the penal law may receive a time allowance
against the term of his or her sentence not to exceed one-seventh of the
term imposed by the court.

2. If a person is serving more than one sentence, the authorized
allowances may be granted separately against the maximum term of each
sentence or, where consecutive sentences are involved, against the
aggregate maximum term. In no case, however, shall the total of all
allowances granted to any such person under this section exceed
one-third of the time he would be required to serve, computed without
regard to this section.

2-a. If a person is serving more than one sentence, the authorized
merit time allowances may be granted against the period or aggregate
minimum period of the indeterminate sentence or sentences, or against
the term or aggregate term of the determinate sentence or sentences, or
where consecutive determinate and indeterminate sentences are involved,
against the aggregate minimum period as calculated pursuant to
subparagraph (iv) of paragraph (a) of subdivision one of section 70.40
of the penal law. Such allowances shall be calculated as follows:

(a) A person serving two or more indeterminate sentences which run
concurrently may receive a merit time allowance not to exceed one-sixth
of the minimum period of the indeterminate sentence imposed for an
offense other than an A-I felony offense defined in article two hundred
twenty of the penal law, or one-third of the minimum period of the
indeterminate sentence imposed for an A-I felony offense defined in
article two hundred twenty of the penal law, whichever allowance results
in the longest unexpired time to run.

(b) A person serving two or more indeterminate sentences which run
consecutively may receive a merit time allowance not to exceed the
amount of one-third of the minimum or aggregate minimum period of the
sentences imposed for an A-I felony offense defined in article two
hundred twenty of the penal law, plus one-sixth of the minimum or
aggregate minimum period of the sentences imposed for an offense other
than such A-I felony offense.

(c) A person serving two or more determinate sentences for an offense
defined in article two hundred twenty or two hundred twenty-one of the
penal law which run concurrently may receive a merit time allowance not
to exceed one-seventh of the term of the determinate sentence which has
the longest unexpired time to run.

(d) A person serving two or more determinate sentences for an offense
defined in article two hundred twenty or two hundred twenty-one of the
penal law which run consecutively may receive a merit time allowance not
to exceed one-seventh of the aggregate term of such determinate
sentences.

(e) A person serving one or more indeterminate sentences and one or
more determinate sentences for an offense defined in article two hundred
twenty or two hundred twenty-one of the penal law which run concurrently
may receive a merit time allowance not to exceed one-sixth of the
minimum period of the indeterminate sentence imposed for an offense
other than an A-I felony offense defined in article two hundred twenty
of the penal law, one-third of the minimum period of the indeterminate
sentence imposed for an A-I felony offense defined in article two
hundred twenty of the penal law, or one-seventh of the term of the
determinate sentence, whichever allowance results in the largest
unexpired time to run.

(f) A person serving one or more indeterminate sentences and one or
more determinate sentences which run consecutively may receive a merit
time allowance not to exceed the sum of one-sixth of the minimum or
aggregate minimum period of the indeterminate sentence or sentences
imposed for an offense other than an A-I felony offense defined in
article two hundred twenty of the penal law, one-third of the minimum or
aggregate minimum period of the indeterminate sentence or sentences
imposed for an A-I felony offense defined in article two hundred twenty
of the penal law and one-seventh of the term or aggregate term of the
determinate sentence or sentences.

(g) The provisions of this subdivision shall apply to persons in
custody serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to
September first, two thousand five and to persons sentenced to a
determinate sentence prior to September first, two thousand eleven for a
felony as defined in article two hundred twenty or two hundred
twenty-one of the penal law.

3. The commissioner of corrections and community supervision shall
promulgate rules and regulations for the granting, withholding,
forfeiture, cancellation and restoration of allowances authorized by
this section in accordance with the criteria herein specified. Such
rules and regulations shall include provisions designating the person or
committee in each correctional institution delegated to make
discretionary determinations with respect to the allowances, the books
and records to be kept, and a procedure for review of the institutional
determinations by the commissioner.

4. No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of
corrections and community supervision 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.

5. Time allowances granted prior to any release to community
supervision shall be forfeited and shall not be restored if the released
person is returned to an institution under the jurisdiction of the state
department of corrections and community supervision for violation of
community supervision or by reason of a conviction for a crime committed
while on community supervision. A person who is so returned may,
however, subsequently receive time allowances against the remaining
portion of his maximum or aggregate maximum term or period not to exceed
in the aggregate one-third of such portion provided such remaining
portion of his or her maximum or aggregate maximum term or period is
more than one year.

6. Upon commencement of an indeterminate 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 a person
designated by the commissioner to perform such duty.

* NB Effective September 1, 2025