Legal Basis
Formula for inmate received with two or more concurrent sentences. At least one indeterminate and one determinate. To compute the Parole Eligibility date, compare 6/7 of the determinate against the indeterminate minimum. The longer controls. To compute the Maximum Expiration date, compare the determinate against the indeterminate maximum term. The longer controls. To compute the Conditional Release*, use the controlling maximum expiration date. The good time on the determinate term is 1/7 of the determinate term. The good time on the indeterminate term is 1/3 of the maximum term. Compare the good time, and whichever is greater must be subtracted from the controlling maximum expiration date. *Penal Law 70.40 (1)(b)(ii) prohibits inmates from being eligible for CR before they are eligible for parole, so the CR date is slid back to the PE date and the good time is correspondingly reduced.
