Legal Basis
Formula for an inmate received with a determinate sentence that subsequently received an additional consecutive 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 longer of the prior Parole Eligibility date or the additional sentence date.
To compute the Maximum Expiration date, add the indeterminate minimum term to the prior Maximum Expiration date. Add the indeterminate maximum term to the date sentenced, and whichever is longer controls.
To compute the Conditional Release date*, use the controlling Maximum Expiration date. The good time is 1/7 of the determinate term plus 1/3 of the indeterminate 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.
