N.Y. Comp. Codes R. & Regs. tit. 7 § 263.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 263.2 - Procedure for stay of good behavior allowance

(a) Superintendent's hearing

(1) The decision directing that a misbehavior report be heard in a superintendent's hearing against an inmate shall stay the award of any good behavior allowance that has been granted such inmate, and such allowance shall be suspended and of no force and effect until a final decision has been made in the superintendent's hearing.

(2) At the conclusion of the hearing, if the disposition does not involve loss of good behavior allowance, the allowance previously granted shall be reinstated.

(3) Where the disposition does involve loss of good behavior allowance, and the inmate has an approved conditional release date earlier than his or her maximum expiration date, the disposition shall automatically be reviewed by the commissioner or his designee.

(4) If the hearing decision is affirmed, the recommended loss of good behavior allowance shall be applied to the inmate's conditional release date. Any modification or other decision rendered by the commissioner or his designee shall be applied as specified in such decision. The inmate shall be given a copy of this determination promptly.

(b) Disregard for statutory criteria.

(1) If an inmate who has been granted a good behavior allowance subsequently acts in disregard of the statutory criteria for good behavior allowances (i.e., good behavior, efficient and willing performance of duties assigned, and progress and achievement in an assigned treatment program), the superintendent may direct the time allowance committee to conduct a hearing in accordance with section 261.4 of this Title to reconsider the amount of good time to be granted.

(2) The provisions of this Part and Part 262 of this Title shall apply after any hearing conducted pursuant to this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 263.2