N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-2.10

Current through Register Vol. 46, No. 53, December 31, 2024

Section 179-2.10 - Granting of good behavior allowance

(a) In the case of residents having indeterminate sentences, the procedure for granting good behavior allowances shall be as follows: Where consideration of the file by the time allowance committee occurs at a time when sufficient allowance could be granted to make the resident eligible for parole or conditional or other release in the 12-month period following the date of review (assuming restoration of all time lost in facility director's proceedings under sections 179-1.18 and 179-1.19 of this Part), the facility director shall promptly review the report of the committee, endorse any comments he may deem appropriate thereon and immediately forward the report of the committee and his comments, if any, to the head of the review unit designated pursuant to section 179-1.20(a)(1) of this Part. The head of the review unit shall review the materials and transmit his recommendations to the director of the division. The director of the division shall transmit to the facility director an order either confirming or modifying the amount of time to be granted. The good behavior allowance specified in the order of the director of the division shall be the good behavior allowance to be granted to the resident. The resident shall be given a copy of this determination promptly.

(b) In the case of a resident having a definite sentence with a term of one year or less, the facility director shall promptly review the report of the time allowance committee, make such decision in the matter as he deems appropriate and immediately forward the report of the committee along with a notation of his decision and, where his decision is not in accordance with the recommendations of the committee, his reasons for the decision, to the head of the review unit. The head of the review unit shall review the materials and transmit his recommendations to the director of the division. The decision of the facility director shall be final unless modified by order of the director of the division, and the resident shall be given notice of such decision as soon as possible.