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 280.4 - Procedure
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 280.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Merit time reviews.
(1) The records of an inmate
eligible for a merit time allowance under the criteria set forth in section
280.2 of this Part
shall be reviewed by facility guidance staff prior to his or her merit
eligibility date.
(2) The inmate's
program history and record will be reviewed by a senior counselor, deputy
superintendent for programs, and superintendent, or their respective designees
to identify any inmate whose behavior, subsequent to commitment to the
department, may be regarded as inconsistent with the intent of Correction Law,
section
803(1)(d) and public
safety. Factors which will be viewed negatively include:
(i) evidence of escape or attempted escape;
and
(ii) refusal to participate in
the Shock Incarceration Program.
(b) Merit time determination.
(1) Merit time determinations shall be made
by the commissioner or designee after central office review.
(2) The decision of the commissioner or
designee to grant or withhold a merit time allowance is final, except as
provided in paragraph (4) of this subdivision.
(3) The merit time determination notice shall
be delivered to the inmate approximately one week before the scheduled Parole
Board hearing. Copies shall also be provided to facility parole staff and the
inmate's guidance folder.
(4) A
merit time allowance may be revoked at any time prior to an inmate's release on
parole if the inmate commits a serious disciplinary infraction or fails to
continue to perform and pursue his or her assigned program plan or earned
eligibility plan.
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