New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7356
Executive Department
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2 sections
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All 2 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7356.1 - Good behavior allowances against definite sentences
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Youth confined to a facility serving a definite sentence of imprisonment may receive time allowances as discretionary reductions of the term of the sentence, as provided by law.
(b)The director, or designee, shall keep a record of every youth confined to the facility who may be eligible to receive a discretionary reduction of a definite sentence or sentences, by reason of the application of good behavior allowances.
(c)Such record shall indicate the manner in which the discretionary good behavior allowances were calculated and applied to the term of the sentence or sentences imposed by the court.
(d)Whenever a good behavior allowance, or any part thereof, is granted, withheld, forfeited or canceled, 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.
(e)Upon the commencement of any definite sentence, the provisions of this Part shall be furnished to the youth serving such sentence, and the meaning of the same shall be fully explained by staff designated for such purpose, and the youth shall be required to acknowledge in writing that such explanation was made.
9 NYCRR 7356.2 - Definite sentence calculation
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Whenever a good behavior allowance is granted, withheld, forfeited, canceled or restored, in whole or in part, the director, or designee, shall provide the sheriff a copy of the updated facility record maintained pursuant to section 7356.1 of this Part.
(b)Upon the sentence of a youth to serve a definite sentence of imprisonment in a facility, the sheriff, or sheriff’s designee, shall establish the youth’s date of discharge by crediting the amount of jail time to which youth is entitled pursuant to section 70.30 of the Penal Law, and any good behavior allowances granted by a facility pursuant to this Part.
(c)After establishing a date of discharge pursuant to subdivision (b) of this section, or after any amendment of such date of discharge, the sheriff shall provide written notification to the director. Upon receipt, the director shall provide such written notification to the youth.