New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter V - Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances
Subchapter B - Procedures For Granting Good Behavior Allowances
Part 263 - Stay Of Good Behavior Allowance
Section 263.2 - Procedure for stay of good behavior allowance
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 263.2
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Superintendent's hearing
(1) The decision directing that a misbehavior
report be heard in a superintendent's hearing against an inmate shall stay the
award of any good behavior allowance that has been granted such inmate, and
such allowance shall be suspended and of no force and effect until a final
decision has been made in the superintendent's hearing.
(2) At the conclusion of the hearing, if the
disposition does not involve loss of good behavior allowance, the allowance
previously granted shall be reinstated.
(3) Where the disposition does involve loss
of good behavior allowance, and the inmate has an approved conditional release
date earlier than his or her maximum expiration date, the disposition shall
automatically be reviewed by the commissioner or his designee.
(4) If the hearing decision is affirmed, the
recommended loss of good behavior allowance shall be applied to the inmate's
conditional release date. Any modification or other decision rendered by the
commissioner or his designee shall be applied as specified in such decision.
The inmate shall be given a copy of this determination promptly.
(b) Disregard for statutory criteria.
(1) If an inmate who has been
granted a good behavior allowance subsequently acts in disregard of the
statutory criteria for good behavior allowances (i.e., good behavior, efficient
and willing performance of duties assigned, and progress and achievement in an
assigned treatment program), the superintendent may direct the time allowance
committee to conduct a hearing in accordance with section
261.4 of
this Title to reconsider the amount of good time to be granted.
(2) The provisions of this Part and Part 262
of this Title shall apply after any hearing conducted pursuant to this
subdivision.
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