The basic determinate formula is used when the factors involved are limited to a determinate sentence, jail time, and date received. Determinate terms are at least 1 year and at most 30 years.Parole Eligibility date: Inmates with only determinate sentence(s) do not have parole eligibility dates and are not entitled to a parole board appearance.To compute the Maximum Expiration date, add the date received and subtract the jail time.The good time is 1/7 of the determinate term.

This computation is sued to show the interruption of a sentence when an inmate violates parole supervision. After an inmate is released, he must remain under parole supervision until his/her sentence is satisfied by maximum expiration or by discharge under Executive Law 259-j. Penal Law 70.40 (3) states that if an inmate violates his/her parole his/her sentence is interrupted on the delinquency date. If the Parole board has determined that the violator should be returned to NYSDOCCS, the sentence will recommence when the inmate is returned to this Department. If the Parole Board has determined that the violator does not need to be returned to NYSDOCCS, the sentence will recommence when the inmate is restored to parole from the county jail or NYCDOC (this is known as a revoke and restore). Penal Law 70.40 (3)(a), (b), and (c) lists the three ways that inmates may earn credit towards their maximum term in the form of parole jail time. Executive Law 259-c (12) states that the Division of Parole is responsible for issuing parole jail time certificates. There are many types of inmates that are paroled prior to completion of their minimum term. These are: shock incarceration, sentences of parole supervision (Willard), merit, medical parole, and early parole to deportation. Therefore, the prior parole eligibility date must always be checked to see if the inmate still owes time on the minimum term. If you cannot subtract the delinquency date from the prior parole eligibility date, then the inmate does not have minimum time owed and you do not have to adjust the PE date. Correction Law 803 (5) states that the when an inmate violates parole all of his/her good time is forfeited. He may subsequently receive good time that is one-third of the remaining time owed on his/her indeterminate sentence, provided that it is more than one year. If the remaining time owed is one year or less, there is no good time and no conditional release date.

This computation is used to show the interruption of a sentence when an inmate violates parole supervision. After an inmate is paroled, he must remain under parole supervision until his/her sentence is satisfied by maximum expiration or by discharge under Executive Law 259-j. Penal Law 70.40 (3) states that if an inmate violates his/her parole, his/her sentence is interrupted on the delinquency date. Executive Law 259-i (3)(d)(iii) states that the inmate can be automatically declared delinquent for committing a felony while under parole supervision. If the new felony is consecutive with the prior sentence, this computation is used. Use Penal Law 70.25 to determine if the new sentence is concurrent or consecutive. To compute the new parole eligibility date, subtract the jail time from the new minimum term, add the time owed minimum, and add the date received. To compute the time owed minimum, subtract the delinquency date from the prior parole eligibility date. There are many types of inmates that are paroled prior to completion of their minimum term. These are: shock incarceration, sentences of parole supervision (Willard), medical parole, merit, and early parole to deportation> Therefore, the prior parole eligibility date must always be checked to see if the inmate still owes time on the minimum term. If you cannot subtract the delinquency date from the prior parole eligibility date, then the inmate does not have minimum time owed. To compute the new maximum expiration date, subtract the jail time form the new maximum term, add the time owed maximum, and add the date received. To compute the time owed maximum, subtract the delinquency date form the prior maximum expiration date and subtract the parole jail time.

This computation is used to show the interruption of a sentence when an inmate violates parole supervision. After an inmate is paroled, he must remain under parole supervision until his/her sentence is satisfied by maximum expiration or by discharge under Executive Law 259-j. Penal Law 70.40 (3) states that if an inmate violates his/her parole his/her sentence is interrupted on the delinquency date. Executive Law 259-I (3)(d)(iii) states that the inmate can be automatically declared delinquent for committing a felony while under parole supervision. If the new felony is concurrent with the prior sentence, this computation is sued. Use Penal Law §70.25 to determine if the new sentence is concurrent or consecutive. To compute the new parole eligibility date when a parole or conditional release violator has a commitment that is concurrent pursuant to 70.25 (1) or has a new commitment that states "concurrent with previous sentence," the new minimum is computed like a basic and the inmate receives prior time credit. Prior time credit is authorized by Penal Law 70.30 (1)(a). When two or more indeterminate sentences are concurrent, all time credited to the minimum of one sentence must be credited to the minimum of all the concurrent sentence. Prior time credit is deducted from the interim PE date. Prior time credit is calculated from the date of reception in a State facility to date of parole or conditional release (jail time is not included). There are many types of inmates that are paroled prior to completion of their minimum term. These are: shock incarceration, sentences or parole supervision (Willard), merit, medical parole, and early parole to deportation. Therefore, the prior parole eligibility date must always be checked to see if the inmate still owes time on the minimum term. To compute the minimum time owed, subtract the delinquency date from the prior parole eligibility date. If you cannot subtract the delinquency date from the prior parole eligibility date, then the inmate does not have minimum time owed. To compute the adjusted parole eligibility date, add the minimum time owed to the date received. The date with the longer time to run becomes the controlling parole eligibility date. When a parole or conditional release violator has a commitment that states concurrent with Parole Time Owed, the new minimum is computed like a basic and the inmate does NOT receive prior time credit. -People ex rel. Mathis v. Harris 444 NYS2d 114 (2d Dept. 1981) To compute the new maximum expiration date, subtract the jail time from the maximum term and add the date received. To compute the adjusted maximum expiration date, add the net time owed to the date received. The date with the longer time to run becomes the controlling maximum expiration date. If parole jail time and jail time cover the same period, request that the Division of Parole reduce their parole jail time. If the adjusted Maximum Expiration Date is controlling, the good time will be computed as one-third of the maximum time owed. If the new Maximum Expiration date is controlling, the good time will be computed as one-third of the new maximum term.

Formula for a returned escapee with a consecutive new term. Penal Law §70.30 (6) states that the sentence is interrupted when the inmate escapes and recommences when the inmate is returned.

Formula for a returned escapee with no new term. Penal Law §70.30 (6) states that the sentence is interrupted when the inmate escapes and recommences when the inmate is returned. He may ear jail time for the time he is gone during certain circumstances. Refer to Penal Law §70.30 (6)(a), (b), and (c).

Formula for a returned absconder/AWOL with a consecutive new term. Penal Law §70.30 (7) states that the sentence is interrupted when the inmate fails to return from his/her temporary release program and recommences when the inmate is returned.

Formula for a returned absconder/AWOL with no new term: Penal Law 70.30 (7) states that the sentence is interrupted when the inmate fails to return and recommences when the inmate is returned. He may earn jail time for the time he is gone during certain circumstances. Refer to Penal Law §70.30 (7)(a), (b), and (c).

The calculations performed for this computation are the same as those performed for the Basic Indeterminate. Re-sentences always go back to the date of the original sentence, whether or not so stated on the new commitment. The re-sentence computation cannot be used with delinquent time owed. Occasionally a re-sentence brings an individual beyond his/her new conditional release date. In that case, he should be released immediately after his/her case has been considered by the Tim Allowance Committee. If a re-sentence brings an individual beyond his/her new maximum expiration date, he is discharged immediately. If the subject was court-ordered discharged and subsequently returned, an 08 computation will also be needed. Penal Law §70.30 (5).

When an inmate is discharged by court order and later returned with a reaffirmation or re-sentence, his/her time is adjusted to reflect the interruption.rnIn the time computation, the date reaffirmed refers to the date the inmate is returned to DOCS custody. If an inmate goes out to court and his/her sentencerncontinues to run, there is no change in the time computation. Penal Law §70.30 (5).