Legal Basis
Formula for an inmate received with a determinate sentence that subsequently received an additional concurrent indeterminate sentence. To compute the Parole Eligibility date, add 6/7 of the determinate term to the date received. Add the indeterminate minimum term to the date sentenced, and whichever is longer controls. To compute the Maximum Expiration date, add the determinate term to the date received. Add the indeterminate maximum term to the date sentenced, and whichever is 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; 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.
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.
