Earned Time And Release
Correct. Law § 803 — good behavior allowances, merit time, and when release can come
Good behavior allowances. A person in a state institution serving an indeterminate or determinate sentence, other than one with a maximum term of life imprisonment, may receive time allowance against the term for good behavior and efficient and willing performance of assigned duties, or progress and achievement in an assigned treatment program. It may be withheld, forfeited or canceled, in whole or in part, for bad behavior, violation of institutional rules, or failure to perform properly in the duties or program assigned.
| The sentence | Good behavior allowance, at most |
|---|---|
| The sentenceIndeterminate | Good behavior allowance, at mostOne third of the maximum term |
| The sentenceDeterminate | Good behavior allowance, at mostOne seventh of the term |
Merit time. A person serving an indeterminate sentence with a minimum period of one year or more, or certain determinate drug sentences, may also earn a merit time allowance: one sixth of the minimum period, or one third for a class A-I drug felony. It may be granted for successful participation in the assigned work and treatment program together with an achievement such as a general equivalency diploma, an alcohol and substance abuse treatment certificate, a vocational trade certificate after at least six months of vocational programming, or at least four hundred hours of service on a community work crew. It is not available for a violent felony offense and the other offenses the section lists, and it is withheld for any serious disciplinary infraction.
No right to demand it. No one has the right to demand or require the allowances, and the commissioner's decision on granting, withholding, forfeiting, canceling or restoring them, made in accordance with law, is final. Allowances granted before a release to community supervision are forfeited if the person is returned for a violation of supervision or a crime committed while on it.
- Release on parole from an indeterminate sentence is in the discretion of the state board of parole, at any time after the minimum period, or the minimum reduced by merit time.
- A person serving only determinate sentences is not eligible for discretionary release on parole.
- On request, a person is conditionally released when the good behavior time allowed equals the unserved part of the term, and never before the date the person is first eligible for discretionary parole.
- A person conditionally released is under the supervision of the department of corrections and community supervision for the unserved part of the term, or the period of post release supervision.
Presumptive release. An incarcerated individual awarded a certificate of earned eligibility may be entitled to presumptive release when the minimum period of an indeterminate term expires, or at five sixths of it with merit time, if never convicted of the offenses the section lists, without any serious disciplinary infraction, and without a court finding of a frivolous lawsuit. The person applies for it, and the commissioner may revoke a scheduled presumptive release for a disciplinary infraction, or deny it where release may not be consistent with the safety of the community or the person's welfare.
Earned time on supervision. A person on community supervision, other than a person serving a maximum term of life or under lifetime supervision, is awarded earned time credits: the period of supervision is reduced by thirty days for every thirty days the person does not violate a condition. Credits are withheld for the thirty days that follow a violation sustained at a final revocation hearing, and suspended during reincarceration for a sustained violation, while absconding, and while a revocation hearing is pending. The department reports the credits to the person at least every one hundred eighty days.
The parole interview. At least one month before the date a person may be paroled, a member or members of the board personally interview the person. If parole is not granted, the person is told in writing within two weeks the factors and reasons, given in detail and not in conclusory terms, and the board sets a date for reconsideration not more than twenty four months away. A person who is released is given a copy of the conditions of parole.
- Release is not granted merely as a reward for good conduct, but after considering whether there is a reasonable probability the person will live and remain at liberty without violating the law, and that release is not incompatible with the welfare of society.
- The board considers the institutional record, including program goals and accomplishments, education, training and work.
- It considers the release plans, including community resources, employment, education and support services.
- It considers any statement by the crime victim or the victim's representative, the seriousness of the offense, and the prior criminal record.
Sections 803 and 806 are printed as in force until September 1, 2027. Jail time credit, limited credit time, the certificate of earned eligibility itself, temporary release, medical parole and shock incarceration are not on this page. Whether a particular sentence earns any of this is a question for a licensed New York attorney.
Sources for this section (4)
- Correct. Law § 803 — Good behavior allowances against indeterminate and determinate sentences
- Penal Law § 70.40 — Release on parole; conditional release; presumptive release
- Correct. Law § 806 — Presumptive release program for nonviolent incarcerated individuals
- Exec. Law § 259-i — Procedures for the conduct of the work of the state board of parole
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.