9 CRR-NY 179-2.11NY-CRR
9 CRR-NY 179-2.11
9 CRR-NY 179-2.11
179-2.11 Stay of good behavior allowance.
Between the time a decision has been made with respect to good behavior allowance and the time the resident would be eligible for parole consideration or conditional or other release, the award of any good behavior allowance that has been granted shall be stayed and such allowance shall be suspended as follows:
(a) The facility director's direction to file a formal charge in facility director's proceeding against a resident shall stay the award of any good behavior allowance that has been granted the resident and the allowance shall be suspended and of no force and effect until a final decision has been made in the facility director's proceeding.
(b) If the good behavior allowance, so stayed, is one that has been determined by the director of the division, copies of the charge shall immediately be forwarded to the Secure Facilities Management Unit and the director of the division.
(c) At the conclusion of the facility director's proceeding, if the disposition does not involve loss of good behavior allowance, the allowance previously granted shall be reinstated. Where the disposition does involve loss of good behavior allowance, the procedure shall be as follows:
(1) in the case of an indeterminate sentence, the disposition shall automatically be reviewed by the director of the division in accordance with the procedure set forth in section 179-1.20(d) of this Part; and
(2) in any other case, the facility director may revise his prior determination to accommodate the disposition made. In all cases the resident shall be specifically advised of his right of review under section 179-1.20(d) of this Part.
9 CRR-NY 179-2.11
Current through September 15, 2021
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