Legal Basis
Formula for an inmate received with an indeterminate sentence that subsequently received an additional concurrent determinate sentence. To compute the Parole Eligibility date, add 6/7 of the determinate term to the date commenced. Add the indeterminate minimum term to the date received; whichever is longer controls. To compute the Maximum Expiration date, add the determinate term to the date commenced. Add the indeterminate maximum term to the date received, and whichever is longer controls. Compute the good time twice; compare them, and whichever is greater must be subtracted from 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. *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.
WARNING! If the client previously received 'Good Time' on his previous sentence s/he will not be given this credit again on that previous sentence. S/he will get 'Good Time' credit on her/his current 'Additional Sentence'.Therefore, please deduct this 'Good Time" and adjust/extend his/her 'Maximum Expiration Date' accordingly.
