New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7007

Executive Department

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Source version current through Apr 15, 2022

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9 NYCRR 7007.1 - Good behavior allowances against definite sentences and certain civil commitments

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Apr 15, 2022
(a)Every person confined in a local correctional facility serving a definite sentence of imprisonment may receive time allowances as discretionary reductions of the term of sentence, as provided by law.
(b)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, as provided by law.
(c)Recordkeeping rules and regulations—good behavior allowances.
(1)In conjunction with the maintenance of other records and accounts as required by law, a written record shall be kept of every person confined in a local correctional facility who may be eligible to receive a discretionary reduction of a definite sentence or sentences, or who may be eligible to receive a discretionary reduction of the term or terms of civil commitment by reason of the application of good behavior allowances.
(2)The record shall indicate the manner in which the discretionary good behavior allowances were calculated and applied to the term of the sentence, sentences, or civil commitment imposed by the court, to establish the date of discharge.
(3)Whenever such good behavior allowance or any part thereof is withheld, forfeited or cancelled in whole or in part, or whenever such good behavior allowance or any part thereof is restored, a notation to that effect shall be entered in the record with a suitable explanation for the action taken.
(4)Upon commencement of any definite sentence or civil commitment, the term of which is not conditional upon any act within the subject's power to perform, the provisions of this section shall be furnished to the inmate serving such sentence or civil commitment and the meaning of the same shall be fully explained by an officer designated for such purpose, and such inmate shall be required to acknowledge in writing that such explanation was made.
(5)The information required to be maintained by this section shall be a public record. It shall be kept on file in each local correctional facility and shall be delivered to the succeeding officer, by the officer in charge.

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