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 E - Limited Credit Time Allowances
Part 290 - Limited Credit Time Allowances
Section 290.4 - Application and appeal process

The department's central office computer identifies those inmates at each facility who presently are eligible and reviewable for a possible LCTA approval. An otherwise eligible inmate may be considered for LCTA approval when he or she is within seven months of his or her LCTA conditional release date. However, eligible inmates will only be screened for reviewability when they have been in the department's custody for two years. On a monthly basis, each facility, through its computer capability, will print the list of those inmates who have been determined to be both eligible and suitable to apply for the LCTA benefit. The name of an otherwise eligible inmate will not appear on the LCTA list if such inmate had a recommended loss of good time sanction within the five-year period prior to his or her LCTA date. The Deputy Superintendent for Program Services, or designee, will forward the LCTA list to the facility law library. The law library officer will provide a Form #4120, "Application for Limited Credit Time Allowance," to any interested and eligible inmate whose name appears on the LCTA list. The application is a two-sided document. It is the sole responsibility of the eligible inmate to complete an LCTA application and submit it to his or her assigned Offender Rehabilitation Coordinator. The Offender Rehabilitation Coordinator will review the application in accordance with the disciplinary evaluation criteria and the program evaluation criteria. A separate review by the Limited Credit Time Allowance Committee will be required in any case where the inmate received a recommended loss of good time sanction for an incident that occurred more than five years prior to such inmate's LCTA date. Any application that is denied at the facility level may be appealed by the inmate to the commissioner's office within 30 days of receipt. If the denial is based upon the inmate's disciplinary record, it shall be forwarded to the Director of Special Housing/Inmate Disciplinary Programs, as the commissioner's designee. If the denial is based upon a failure to satisfy program requirements, the appeal shall be forwarded to the Director of Guidance and Counseling, as the commissioner's designee. An application that is approved through all levels of review at the facility must then be submitted for final review by central office. The decision of central office either to approve or disapprove the LCTA application is final. An inmate may not further appeal an LCTA denial by central office. The commissioner may revoke, at any time, LCTA credit for any disciplinary infraction committed by the inmate or any failure to continue to pursue his or her Earned Eligibility Plan/Program Plan.