Legislation
SECTION 804-A
Good behavior allowances for certain civil commitments
Correction (COR) CHAPTER 43, ARTICLE 24
§ 804-a. Good behavior allowances for certain civil commitments. 1.
Every person confined in an institution serving a civil commitment for a
fixed period of time, whose release is not conditional upon any act
within his power to perform, may receive time allowances as
discretionary reductions of the term of his commitment 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. Allowances based upon commitments of less than one month may be
granted, and in such case the maximum allowances shall be one day for
every three days of the commitment. 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. 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.
5. Upon commencement of any civil commitment as described in
subdivision one of this section, the provisions of this section shall be
furnished to the person serving the commitment and the meaning of same
shall be fully explained to him by an officer designated in the
regulation to perform such duty.
Every person confined in an institution serving a civil commitment for a
fixed period of time, whose release is not conditional upon any act
within his power to perform, may receive time allowances as
discretionary reductions of the term of his commitment 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. Allowances based upon commitments of less than one month may be
granted, and in such case the maximum allowances shall be one day for
every three days of the commitment. 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. 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.
5. Upon commencement of any civil commitment as described in
subdivision one of this section, the provisions of this section shall be
furnished to the person serving the commitment and the meaning of same
shall be fully explained to him by an officer designated in the
regulation to perform such duty.