Legal Basis
Formula for an inmate received with an indeterminate sentence that subsequently received an additional consecutive determinate term.
To compute the Parole Eligibility date, add 6/7 of the determinate term to the later of the prior Parole Eligibility dates or the additional sentence date.
To compute the Maximum Expiration date, add the determinate term to the later of the prior Parole Eligibility dates or the additional sentence date. Compare this to the prior indeterminate maximum expiration date; 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 pushed 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.
