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 D - Merit Time
Part 280 - Procedures For Granting Merit Time
Section 280.2 - Eligibility

Universal Citation: 7 NY Comp Codes Rules and Regs § 280.2

Current through Register Vol. 46, No. 12, March 20, 2024

An inmate must satisfy all criteria set forth in subdivisions (a) through (d) of this section to be eligible for merit time consideration.

(a) Crime, sentence and commitment criteria.

(1) An inmate cannot be presently serving a sentence for an A-1 felony other than an A-1 felony defined in article 220 of the Penal Law or a violent felony offense (this will include any sentence for a violent felony offense which has been imposed by another state).

(2) An inmate cannot be presently serving a sentence for any of the following or any attempt thereof:

(i) manslaughter in the second degree;

(ii) vehicular manslaughter in the first or second degree;

(iii) criminally negligent homicide;

(iv) incest;

(v) any offense defined in article 130 of the Penal Law (sex offenses);

(vi) any offense defined in article 263 of the Penal Law (use of a child in a sex performance); or

(vii) aggravated harassment of an employee by an inmate.

(3) An inmate cannot be presently serving an indeterminate sentence of imprisonment authorized for an A-1 felony other than an A-1 felony defined in article 220 of the Penal Law.

(4) An inmate must be serving a sentence of one year or more.

(b) Disciplinary record criteria. An inmate must not commit any serious disciplinary infraction. A serious disciplinary infraction shall be identified as behavior which results in criminal or disciplinary sanctions as follows:

(1) any conviction for a State or Federal crime that was committed after the inmate was committed to the Department of Correctional Services;

(2) a finding under Part 253 or 254 of this Title of violation of any of the following rules as described in section 270.2 of this Title:

(i) 1.00 - Penal Law offenses;

(ii) 100.10 - assault on inmate;

(iii) 100.11 - assault on staff;

(iv) 100.12 - assault on other;

(v) 101.10 - sex offense;

(vi) 101.20 - lewd exposure;

(vii) 104.10 - rioting;

(viii) 105.12 - unauthorized organization;

(ix) 108.10 - escape;

(x) 108.15 - abscondance;

(xi) 113.10 - weapon;

(xii) 113.13 - alcohol;

(xiii) 113.24 - drug use;

(xiv) 113.25 - drug possession;

(xv) 117.10 - explosives;

(xvi) 118.10 - arson;

(xvii) 118.22 - unhygienic act (under Part 254 of this Title only);

(xviii) 180.14 - urinalysis violation;

(3) receipt of disciplinary sanctions under Part 253 or 254 of this Title which total 60 or more days of SHU and/or keeplock time; or

(4) receipt of any recommended loss of good time as a disciplinary sanction under Part 254 of this Title.

(c) Frivolous lawsuit. An inmate must not have filed an action, proceeding or claim against a State agency officer or employee that was found to be frivolous pursuant to:

(1) section 8303-a of the Civil Practice Law and Rules; or

(2) rule 11 of the Federal Rules of Civil Procedure.

(d) Program criteria.

(1) An inmate must:

(i) successfully perform and pursue his or her most recently assigned earned eligibility plan or program plan; and

(ii) subsequent to the date of that most recently earned eligibility plan or program plan, undertake and complete one of the following:

(a) earn a general equivalency diploma (G.E.D.);

(b) receive an alcohol and substance abuse treatment certificate;

(d) perform 400 hours or more of service as part of a community work crew/outside assignment.

Note: An earned eligibility plan is a work and treatment program applicable to an inmate serving a minimum term of not more than eight years developed under the Earned Eligibility Program. A program plan refers to a work and treatment program applicable to an inmate serving a minimum term exceeding eight years. In either case, the individualized program plan is created by the department's guidance staff in consultation with the inmate during classification, assessment or intake interviews. It may be modified during later reviews as necessary.

(2) An inmate shall not be eligible for merit time if the inmate:

(i) entered the shock incarceration program but failed to successfully complete the program for any reason other than an intervening circumstance beyond the control of the inmate;

(ii) was a participant in the temporary release program but was removed for any reason other than an intervening circumstance beyond the control of the inmate; or

(iii) was temporarily placed in a relapse program.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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