N.Y. Comp. Codes R. & Regs. tit. 7 § 260.4

Current through Register Vol. 46, No. 24, June 12, 2024

Section 260.4 - Forfeitures and disallowances

(a) An incarcerated individual shall not automatically forfeit or automatically be disallowed any good behavior allowance by reason of the fact that he or she has been confined after being found guilty at a superintendent's hearing for committing a Tier III offense. If such an individual receives a disciplinary sanction which includes a recommended loss of good time and is placed in a special housing unit, residential rehabilitation unit, or a step-down unit and successfully completes his or her rehabilitative programming, there shall be a presumption that any recommended loss of good time shall be restored subject to committee review and in accordance with the other provisions and requirements set forth in this Subchapter.

(b) A disposition involving loss of a specified period of good behavior allowance made in a superintendent's hearing under Part 254 of this Title shall be deemed to be tentative until such time as it actually affects consideration for parole or for conditional or other release and shall then either be confirmed or be modified by the commissioner or his designee.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 260.4

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020