New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter XXII - Presumptive Release Program For Nonviolent Inmates
Part 2200 - Presumptive Release Program For Nonviolent Inmates
Section 2200.6 - Effect of the presumptive release determination
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Any inmate who is granted a presumptive merit allowance may be released to parole supervision at a date computed by subtracting the merit time allowance from his or her parole eligibility date.
(b) Any inmate who is granted a presumptive initial earned eligibility certificate may be released to parole supervision at the expiration of the minimum sentence.
(c) If presumptive merit allowance is denied by the commissioner or designee, either due to the nature and circumstances of the crime, or due to the inmate's prior history, character or background, or due to one or more questions raised in the inmate's file, such denial represents a determination that the parole release decision can best be made following the individual's appearance before the Board of Parole. Therefore, the inmate will not be eligible for presumptive release consideration at any subsequent time. The presumptive release denial is not an indiction one way or the other as to the inmate's suitability for possible release on parole.
