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Old 01-16-2006, 06:01 PM
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Manzanita Manzanita is offline
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Question What is a Prison Year?

Many members have been asking me, about this....

Asking, does a prison year equal 12 months or 8 months or even 10 months?

Others have posted that this is FACTUAL now, that 8 months is a prison year and not 12 months...I have not seen any clear answers, or a source to this information, or any definitions to this that do not confuse me.

Can I have someone answer this with a source of information to prove this is factual and please explain for those who do not get it?

What inmates does this apply to? All or just those with NON Violent Offenses?
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Old 01-16-2006, 07:18 PM
haswtch haswtch is offline
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I know a county year around here is definitely 8 months. And I know that in our case ("violent offender") he has to do 85% in prison, 8 1/2 on ten- what's that work out to, a nine month year or something? No, that would be 75%. Sorry, I'm just adding to the confusion. I'll shut up now LOL
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Old 01-16-2006, 09:14 PM
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Quote:
I know a county year around here is definitely 8 months.
he has to do 85% in prison, 8 1/2 on ten- what's that work out to, a nine month year or something? No, that would be 75%. Sorry, I'm just adding to the confusion.
yeah, still confused because this still doesn't explain what people mean by this term really.

how does him serving 85% of his time make out to a nine month year though. Not so sure about that.

how is a county year 8 months? please explain, I am looking for a def. so future members will see this and understand it.

Hopefully someone can put an end to this ~
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Old 01-25-2006, 10:56 AM
a_real_renegade a_real_renegade is offline
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Default Computation of sentences

Mrs G: Let me try to end the confusion as simply as possible.

COUNTY TIME: (Definite Sentence) The computation of time to be served under a county sentence is governed by New York Corection Law section 804 which provides as follows:

§ 804. Good behavior allowances against definite sentences. 1. Every
person confined in an institution serving a definite sentence of
imprisonment may receive time allowances as discretionary reductions of the term of his sentence not to exceed in the aggregate one-third of the term imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and may be withheld, forfeited or cancelled in whole or in part for bad behavior, violation of institutional rules or failure to perform properly in the duties or program assigned.
2. If a person is serving more than one sentence, the authorized
allowances may be granted separately against the term of each sentence or, where consecutive sentences are involved, against the aggregate term. Allowances based upon sentences of less than one month may be granted, and in such case the maximum allowance shall be one day for every three days of the sentence. In no case, however, shall the total of all allowances granted to any such person exceed one-third of the time he would be required to serve, computed without regard to this section.
3. No person shall have the right to demand or require allowances authorized by this section. The decision of the sheriff, superintendent, warden or other person in charge of the institution, or where such institution is under the jurisdiction of a county or city department the decision of the head of such department, as to the granting, withholding, forfeiture, cancellation or restoration of such allowances shall be final and shall not be reviewable if made in accordance with law.
4. A person who has earned a reduction of sentence pursuant to this section and who has been conditionally released under subdivision two of section 70.40 of the penal law shall not forfeit such reduction by reason of conduct causing his return to the institution. Provided,
nevertheless, that such reduction may be forfeited by reason of
subsequent conduct while serving the remainder of his term.
5. The state commission of correction shall promulgate record keeping rules and regulations for the granting, withholding, forfeiture, cancellation and restoration of allowances authorized by this section.
6. Notwithstanding anything to the contrary in this section, in any
case where a person is serving a definite sentence in an institution
under the jurisdiction of the state department of correction,
subdivisions three and four of section eight hundred three of this
chapter shall apply.
7. Upon commencement of any definite sentence the provisions of this section shall be furnished to the person serving the sentence and the meaning of same shall be fully explained to him by an officer designated in the regulation to perform such duty.

In other words, if one is sentenced to a year in the county jail, he or she can in fact be required to serve the entire year. Pursuant to a directive issued by the State Commission of Corrections (the state agency that governs all county jail operations in New York), as soon as an inmate is sentenced to county jail time, the jail automatically grants the inmate all possible good behavior allowances (1/3 of the total time). But if the inmate happens to catch a misbehavior report, and the hearing officer takes the good behavior allowances already granted, the inmate serves his or her entire sentence day-for-day.

STATE TIME: Good Beahior Allowances Agagainst Determinate and Indeterminate Sentences. The computation of determinite and indeterminite sentences is governed by Correction Law section 803, which currently reads:

* § 803. Good behavior allowances against indeterminate and
determinate sentences. 1. (a) Every person confined in an institution of
the department or a facility in the department of mental hygiene serving
an indeterminate or determinate sentence of imprisonment, except a
person serving a sentence with a maximum term of life imprisonment, may receive time allowance against the term or maximum term of his sentence imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and 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.
(b) A person serving an indeterminate sentence of imprisonment may receive time allowance against the maximum term of his sentence not to exceed one-third of the maximum term imposed by the court.
(c) A person serving a determinate sentence of imprisonment may receive time allowance against the term of his sentence not to exceed one-seventh of the term imposed by the court.
(d) (i) Except as provided in subparagraph (ii) of this paragraph, every person under the custody of the department or confined in a
facility in the department of mental hygiene serving an indeterminate
sentence of imprisonment with a minimum period of one year or more or a determinate sentence of imprisonment of one year or more imposed ursuant to section 70.70 or 70.71 of the penal law, may earn a merit time allowance.
(ii) Such merit time allowance shall not be available to any person serving an indeterminate sentence authorized for an A-I felony offense,
other than an A-I felony offense defined in article two hundred twenty
of the penal law, or any sentence imposed for a violent felony offense
as defined in section 70.02 of the penal law, manslaughter in the second
degree, vehicular manslaughter in the second degree, vehicular
manslaughter in the first degree, criminally negligent homicide, an
offense defined in article one hundred thirty of the penal law, incest,
or an offense defined in article two hundred sixty-three of the penal
law, or aggravated harassment of an employee by an inmate.
(iii) The merit time allowance credit against the minimum period of
the indeterminate sentence shall be one-sixth of the minimum period
imposed by the court except that such credit shall be one-third of the
minimum period imposed by the court for an A-I felony offense defined in
article two hundred twenty of the penal law. In the case of such a
determinate sentence, in addition to the time allowance credit
authorized by paragraph (c) of this subdivision, the merit time
allowance credited against the term of the determinate sentence pursuant tothis paragraph shall be one-seventh of the term imposed by the court.
(iv) Such merit time allowance may be granted when an inmate successfully participates in the work and treatment program assigned pursuant to section eight hundred five of this article and when such inmate obtains a general equivalency diploma, an alcohol and substance abuse treatment certificate, a vocational trade certificate following at least six months of vocational programming or performs at least four hundred hours of service as part of a community work crew.
Such allowance shall be withheld for any serious disciplinary infraction or upon a judicial determination that the person, while an inmate, commenced or continued a civil action, proceeding or claim that was found to be frivolous as defined in subdivision (c) of section eight thousand three hundred three-a of the civil practice law and rules, or an order of a federal court pursuant to rule 11 of the federal rules of civil procedure imposing sanctions in an action commenced by a person, while an inmate, against a state agency, officer or employee.
(v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date of this
paragraph as well as to persons sentenced to an indeterminate sentence on and after the effective date of this paragraph and prior to September first, two thousand five and to persons sentenced to a determinate sentence prior to September first, two thousand eleven for a felony as defined in article two hundred twenty or two hundred twenty-one of the penal law.
2. If a person is serving more than one sentence, the authorized
allowances may be granted separately against the term or maximum term of each sentence or, where consecutive sentences are involved, against the aggregate maximum term. Such allowances shall be calculated as follows:
(a) A person serving two or more indeterminate sentences which run concurrently may receive time allowance not to exceed one-third of the indeterminate sentence which has the longest unexpired time to run.
(b) A person serving two or more indeterminate sentences which run consecutively may receive time allowance not to exceed one-third of the aggregate maximum term.
(c) A person serving two or more determinate sentences which run concurrently may receive time allowance not to exceed one-seventh of the determinate sentence which has the longest unexpired time to run.
(d) A person serving two or more determinate sentences which run consecutively may receive time allowance not to exceed one-seventh of the aggregate maximum term.
(e) A person serving one or more indeterminate sentence and one or more determinate sentence which run concurrently may receive time allowance not to exceed one-third of the indeterminate sentence which has the longest unexpired term to run or one-seventh of the determinate sentence which has the longest unexpired time to run, whichever allowance is greater.
(f) A person serving one or more indeterminate sentence and one or more determinate sentence which run consecutively may receive time allowance not to exceed the sum of one-third of the maximum or aggregate maximum of the indeterminate sentence or sentences and one-seventh of the term or aggregate maximum of the determinate sentence or sentences.
2-a. If a person is serving more than one sentence, the authorized
merit time allowances may be granted against the period or aggregate minimum period of the indeterminate sentence or sentences, or against the term or aggregate term of the determinate sentence or sentences, or where consecutive determinate and indeterminate sentences are involved, against the aggregate minimum period as calculated pursuant to subparagraph (iv) of paragraph (a) of subdivision one of section 70.40 of the penal law. Such allowances shall be calculated as follows:
(a) A person serving two or more indeterminate sentences which run concurrently may receive a merit time allowance not to exceed one-sixth of the minimum period of the indeterminate sentence imposed for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, or one-third of the minimum period of the indeterminate sentence imposed for an A-I felony offense defined in article two hundred twenty of the penal law, whichever allowance results in the longest unexpired time to run.
(b) A person serving two or more indeterminate sentences which run consecutively may receive a merit time allowance not to exceed the amount of one-third of the minimum or aggregate minimum period of the sentences imposed for an A-I felony offense defined in article two hundred twenty of the penal law, plus one-sixth of the minimum or aggregate minimum period of the sentences imposed for an offense other than such A-I felony offense.
(c) A person serving two or more determinate sentences for an offense defined in article two hundred twenty or two hundred twenty-one of thepenal law which run concurrently may receive a merit time allowance not to exceed one-seventh of the term of the determinate sentence which has the longest unexpired time to run.
(d) A person serving two or more determinate sentences for an offense defined in article two hundred twenty or two hundred twenty-one of the penal law which run consecutively may receive a merit time allowance not to exceed one-seventh of the aggregate term of such determinate sentences.
(e) A person serving one or more indeterminate sentences and one or more determinate sentences for an offense defined in article two hundred twenty or two hundred twenty-one of the penal law which run concurrently may receive a merit time allowance not to exceed one-sixth of the minimum period of the indeterminate sentence imposed for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, one-third of the minimum period of the indeterminate sentence imposed for an A-I felony offense defined in article two hundred twenty of the penal law, or one-seventh of the term of the determinate sentence, whichever allowance results in the largest unexpired time to run.
(f) A person serving one or more indeterminate sentences and one or more determinate sentences which run consecutively may receive a merit time allowance not to exceed the sum of one-sixth of the minimum or aggregate minimum period of the indeterminate sentence or sentences imposed for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, one-third of the minimum or aggregate minimum period of the indeterminate sentence or sentences imposed for an A-I felony offense defined in article two hundred twenty of the penal law and one-seventh of the term or aggregate term of the determinate sentence or sentences.
(g) The provisions of this subdivision shall apply to persons in
custody serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to
September first, two thousand five and to persons sentenced to a
determinate sentence prior to September first, two thousand eleven for a felony as defined in article two hundred twenty or two hundred
twenty-one of the penal law.
* 2-b. Notwithstanding the foregoing, if a person is serving more than
one indeterminate sentence, at least one of which is imposed for a class
A-I felony offense defined in article two hundred twenty of the penal
law, the authorized merit time allowance granted pursuant to paragraph
(d) of subdivision one of this section shall be calculated as follows:
(a) In the event a person is serving two or more indeterminate
sentences with different minimum periods which run concurrently, the
merit time allowance shall be based upon the sentence with the longest
unexpired minimum period. If the sentence with the longest unexpired
minimum period was imposed for a class A-I felony, the merit time credit
shall be one-third of such sentence's minimum period; if such sentence
was imposed for an offense other than a class A-I felony, such merit
time credit shall be one-sixth of such sentence's minimum period.
Provided, however, that where the minimum period of any other concurrent indeterminate sentence is greater than such reduced minimum period, the minimum period of such other concurrent indeterminate sentence shall also be reduced but only to the extent that the minimum period of such other concurrent sentence, as so reduced, is equal to the reduced minimum period of such sentence with the longest unexpired minimum period to run.
(b) A person serving two or more indeterminate sentences with the same minimum periods which run concurrently, and no concurrent indeterminate sentence with any greater minimum period, shall have the minimum period of each such sentence reduced in the amount of one-third of such minimum period if all such sentences were imposed for a class A-I felony.
(c) A person serving two or more indeterminate sentences that run consecutively shall have the aggregate minimum period of such sentences reduced in the amount of one-third of such aggregate minimum period of the sentences imposed for a class A-I felony, plus one-sixth of such aggregate minimum period of the sentences imposed for an offense other than a class A-I felony.
* NB Repealed September 1, 2007
3. The commissioner of correctional services shall promulgate rules and regulations for the granting, withholding, forfeiture, cancellation and restoration of allowances authorized by this section in accordance with the criteria herein specified. Such rules and regulations shall include provisions designating the person or committee in each correctional institution delegated to make discretionary determinations with respect to the allowances, the books and records to be kept, and a procedure for review of the institutional determinations by the commissioner.
4. No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of
correctional services as to the granting, withholding, forfeiture,
cancellation or restoration of such allowances shall be final and shall
not be reviewable if made in accordance with law.
5. Time allowances granted prior to any release on parole or prior to
any conditional release shall be forfeited and shall not be restored if
the paroled or conditionally released person is returned to an
institution under the jurisdiction of the state department of
correctional services for violation of parole, violation of the
conditions of release or by reason of a conviction for a crime committed
while on parole or conditional release. A person who is so returned may,
however, subsequently receive time allowances against the remaining
portion of his term, maximum term or aggregate maximum term pursuant to this section and provided such remaining portion of his term, maximum term, or aggregate maximum term is more than one year.
6. Upon commencement of an indeterminate or a determinate sentence the provisions of this section shall be furnished to the person serving the sentence and the meaning of same shall be fully explained to him by a person designated by the commissioner to perform such duty.
* NB Effective until September 1, 2009
* § 803. Good behavior allowances against indeterminate sentences. 1. (a) Every person confined in an institution of the department or a facility in the department of mental hygiene serving an indeterminate sentence of imprisonment, except a person serving a sentence with a maximum term of life imprisonment, may receive time allowance against the maximum term or period of his sentence not to exceed in the aggregate one-third of the term or period imposed by the court. Such allowances may be granted for good behavior and efficient and willing performance of duties assigned or progress and achievement in an assigned treatment program, and 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.
(d) (i) Except as provided in subparagraph (ii) of this
paragraph, every person under the custody of the department or confined in afacility in the department of mental hygiene serving an indeterminate sentence of imprisonment with a minimum period of one year or more or a determinate sentence of imprisonment of one year or more imposed pursuant to section 70.70 or 70.71 of the penal law, may earn a merit time allowance.
(ii) Such merit time allowance shall not be available to any person
serving an indeterminate sentence authorized for an A-I felony offense,
other than an A-I felony offense defined in article two hundred twenty
of the penal law, or any sentence imposed for a violent felony offense
as defined in section 70.02 of the penal law, manslaughter in the second
degree, vehicular manslaughter in the second degree, vehicular
manslaughter in the first degree, criminally negligent homicide, an
offense defined in article one hundred thirty of the penal law, incest,
or an offense defined in article two hundred sixty-three of the penal
law, or aggravated harassment of an employee by an inmate.
(iii) The merit time allowance credit against the minimum period of
the indeterminate sentence shall be one-sixth of the minimum period
imposed by the court except that such credit shall be one-third of the
minimum period imposed by the court for an A-I felony offense defined in
article two hundred twenty of the penal law. In the case of such a
determinate sentence, in addition to the time allowance credit
authorized by paragraph (c) of this subdivision, the merit time
allowance credited against the term of the determinate sentence pursuant to this paragraph shall be one-seventh of the term imposed by the court.
(iv) Such merit time allowance may be granted when an inmate successfully participates in the work and treatment program assigned pursuant to section eight hundred five of this article and when such inmate obtains a general equivalency diploma, an alcohol and substance abuse treatment certificate, a vocational trade certificate following at least six months of vocational programming or performs at least four hundred hours of service as part of a community work crew. Such allowance shall be withheld for any serious disciplinary
infraction or upon a judicial determination that the person, while an
inmate, commenced or continued a civil action, proceeding or claim that
was found to be frivolous as defined in subdivision (c) of section eight
thousand three hundred three-a of the civil practice law and rules, or
an order of a federal court pursuant to rule 11 of the federal rules of
civil procedure imposing sanctions in an action commenced by a person,
while an inmate, against a state agency, officer or employee.
(v) The provisions of this paragraph shall apply to persons in custody
serving an indeterminate sentence on the effective date of this
paragraph as well as to persons sentenced to an indeterminate sentence on and after the effective date of this paragraph and prior to September first, two thousand five and to persons sentenced to a determinate sentence prior to September first, two thousand eleven for a felony as defined in article two hundred twenty or two hundred twenty-one of the penal law.
1-a. A person serving a determinate sentence imposed pursuant to section 70.70 or 70.71 of the penal law may receive a time allowance against the term of his or her sentence not to exceed one-seventh of the term imposed by the court.
2. If a person is serving more than one sentence, the authorized
allowances may be granted separately against the maximum term of each sentence or, where consecutive sentences are involved, against the aggregate maximum term. In no case, however, shall the total of all allowances granted to any such person under this section exceed one-third of the time he would be required to serve, computed without regard to this section.
2-a. If a person is serving more than one sentence, the authorized merit time allowances may be granted against the period or aggregate minimum period of the indeterminate sentence or sentences, or against the term or aggregate term of the determinate sentence or sentences, or where consecutive determinate and indeterminate sentences are involved, against the aggregate minimum period as calculated pursuant to subparagraph (iv) of paragraph (a) of subdivision one of section 70.40 of the penal law. Such allowances shall be calculated as follows:
(a) A person serving two or more indeterminate sentences which run concurrently may receive a merit time allowance not to exceed one-sixth of the minimum period of the indeterminate sentence imposed for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, or one-third of the minimum period of the indeterminate sentence imposed for an A-I felony offense defined in article two hundred twenty of the penal law, whichever allowance results in the longest unexpired time to run.
(b) A person serving two or more indeterminate sentences which run consecutively may receive a merit time allowance not to exceed the amount of one-third of the minimum or aggregate minimum period of the sentences imposed for an A-I felony offense defined in article two hundred twenty of the penal law, plus one-sixth of the minimum or aggregate minimum period of the sentences imposed for an offense other than such A-I felony offense.
(c) A person serving two or more determinate sentences for an offense defined in article two hundred twenty or two hundred twenty-one of the penal law which run concurrently may receive a merit time allowance not to exceed one-seventh of the term of the determinate sentence which has the longest unexpired time to run.
(d) A person serving two or more determinate sentences for an offense defined in article two hundred twenty or two hundred twenty-one of the penal law which run consecutively may receive a merit time allowance not to exceed one-seventh of the aggregate term of such determinate sentences.
(e) A person serving one or more indeterminate sentences and one or more determinate sentences for an offense defined in article two hundred twenty or two hundred twenty-one of the penal law which run concurrently may receive a merit time allowance not to exceed one-sixth of the minimum period of the indeterminate sentence imposed for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, one-third of the minimum period of the indeterminate sentence imposed for an A-I felony offense defined in article two hundred twenty of the penal law, or one-seventh of the term of the determinate sentence, whichever allowance results in the largest unexpired time to run.
(f) A person serving one or more indeterminate sentences and one or more determinate sentences which run consecutively may receive a merit time allowance not to exceed the sum of one-sixth of the minimum or aggregate minimum period of the indeterminate sentence or sentences imposed for an offense other than an A-I felony offense defined in article two hundred twenty of the penal law, one-third of the minimum or aggregate minimum period of the indeterminate sentence or sentences imposed for an A-I felony offense defined in article two hundred twenty of the penal law and one-seventh of the term or aggregate term of the determinate sentence or sentences.
(g) The provisions of this subdivision shall apply to persons in
custody serving an indeterminate sentence on the effective date of this
subdivision as well as to persons sentenced to an indeterminate sentence
on and after the effective date of this subdivision and prior to
September first, two thousand five and to persons sentenced to a
determinate sentence prior to September first, two thousand eleven for a felony as defined in article two hundred twenty or two hundred
twenty-one of the penal law.
3. The commissioner of correctional services shall promulgate rules
and regulations for the granting, withholding, forfeiture, cancellation
and restoration of allowances authorized by this section in accordance
with the criteria herein specified. Such rules and regulations shall
include provisions designating the person or committee in each
correctional institution delegated to make discretionary determinations
with respect to the allowances, the books and records to be kept, and a
procedure for review of the institutional determinations by the
commissioner.
4. No person shall have the right to demand or require the allowances
authorized by this section. The decision of the commissioner of
correctional services as to the granting, withholding, forfeiture,
cancellation or restoration of such allowances shall be final and shall
not be reviewable if made in accordance with law.
5. Time allowances granted prior to any release on parole or prior to
any conditional release shall be forfeited and shall not be restored if
the paroled or conditionally released person is returned to an
institution under the jurisdiction of the state department of
correctional services for violation of parole, violation of the
conditions of release or by reason of a conviction for a crime committed
while on parole or conditional release. A person who is so returned may,
however, subsequently receive time allowances against the remaining
portion of his maximum or aggregate maximum term or period not to exceed in the aggregate one-third of such portion provided such remaining portion of his maximum or aggregate maximum term or period is more than one year.
6. Upon commencement of an indeterminate sentence the provisions of this section shall be furnished to the person serving the sentence and the meaning of same shall be fully explained to him by a person designated by the commissioner to perform such duty.
* NB Effective September 1, 2009

The simplest way to explain this section with regard to determinate sentences handed down for violent felony offenses is: the inmate does 85% of his or her total sentence, unless he or she catches a Tier III misbehavior report or fails to complete his or her recommended programs, in which case they will likely serve the entire sentence.

With respect to indeterminite sentences (split bids), an inmate can earn up to 1/6 off his or her minimum term for earning a GED cert., an ASAT cert., completing a vocational program, or 400 hrs. community service, and stays out of serious tyrouble. Additional supplemental merit time allowances in the amount of an extra 1/6 are now also available. So, if a nonviolent offender who is serving a maximum term of less than life does what he or she is supposed to do, they can possibly be released to parole after serving only 2/3 of their minimum term. It is important to remember though, that DOCS can only grant the merit time allowances to put the inmate before the parole board earlier. The decision to actually release them still lies with parole.

Hopefully this post clarifies the confusion.

</B></U>




</B></U>

Last edited by a_real_renegade; 01-25-2006 at 11:00 AM..
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Old 01-25-2006, 11:52 AM
haswtch haswtch is offline
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LMFAO, renegade.
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Old 01-25-2006, 05:03 PM
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Am I missing what is so funny here?

Thanks for this information, great information, but it only explains what good time, and time allowances are, it does not explain or say there is a such thing as a Prison Year = 8 months, am I missing something?

I was also under the impression that Flat Bids serve 85%. My husband has a CR for 65% of his full sentance, not a Flat Bid.
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Old 01-25-2006, 05:16 PM
a_real_renegade a_real_renegade is offline
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Mrs G: Good time in New York is the period of time between the CR and max dates. If your husband is serving an indeterminite sentence (not a flat bid) his CR date is 66-2/3% of his max.
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Old 01-25-2006, 05:19 PM
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Thanks, I know that much already, CR is 65% for him. What I wanted explained to all of us is this so called "new" law that says 12 months is now 8 months, get me?
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Old 01-25-2006, 05:23 PM
a_real_renegade a_real_renegade is offline
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Mrs G: There is no such law that now says a year is 8 months. The most current law on good time, which I posted in full earlier, is the only law governing how much time one must serve on his sentence here in NY.

Your husband's CR date cannot be "65%" -- at best it is 66-2/3%.
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Old 01-25-2006, 05:46 PM
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25 years x 65% = 16.25, the time he CR's

My math is horrible....
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Old 01-25-2006, 07:56 PM
haswtch haswtch is offline
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I think the "prison year" or county year term is actually slang. and no, nine months is not 85% it's 75%. and I was laughing at Renegade for posting that endless, endless (although useful perhaps) stream of officialese

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Old 01-25-2006, 08:11 PM
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Quote:
endless, endless (although useful perhaps) stream of officialese
LMAO now ....

Quote:
I HATE MATH! (and flat bids!)
me too! YUCK!!!!!!!

thanks for all the help to both of you...

now we know, it is slang for.............

_____________ fill in the blank
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Old 01-25-2006, 08:26 PM
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I know! I know!!!! raising hand, waving wildly...
it's slang for...























ETERNITY!!!!!!!!
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Old 01-26-2006, 02:21 PM
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every one is talking about this 8 month thing i know for a fact at the county jail where i am if you have a year you get out in 8 months i cant believe it wouldent be the same in prison
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Old 01-26-2006, 04:49 PM
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Quote:
every one is talking about this 8 month thing i know for a fact at the county jail where i am if you have a year you get out in 8 months i cant believe it wouldent be the same in prison
The county jail where you are? do you work there?

That is never a guarantee, and that also does not mean a prison year is 8 months. There is no law saying this is so. I think that is what I am trying to clear up here.
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Old 01-26-2006, 05:03 PM
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In fact, a prison year would NOT be 8 months- it's either 2/3 or 85%, right? But a county year IS eight months, here too. (at the jail where I am, well, am not)
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Old 01-26-2006, 05:14 PM
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AHHHHHHHHHHHHH....yikes....

H~ you just said 8 months is a year?

ok, if you are in County Jail and they give you a year, you will ALWAYS get out in 8 months? ALWAYS?

wha tha?

if you have to do 85% on a flat bid then a year would be ...
.......


10.2 months.
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Old 01-26-2006, 06:08 PM
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I don't know about always, always. I do know flat bids are for violent felonies, very few of which get sentenced to a "county year" of ANY length.
AAAAAAAAAAAAAAAAAAHHHHHHHHHHH indeed!
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Old 02-11-2006, 09:22 AM
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Default Maybe this will help..

Maybe this sentencing chart will help... I think it shows that for non-violent felony offenders a prison year is 8 months and some days but they must be averaging it to 8 months when they refer to a prison year as 8 months... For example, a 6 year sentence (72 months) ends up being about 4 years (48 months) = 6years*8months/year= 48 months. It really is a little more than 4 years but if you factor that in over the 6 years it ends up being a few days over the 8 months/year.

Hope this helps!
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Old 03-03-2006, 06:15 AM
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hey thanks for the chart.im certain i am getting more questions answerd here then getting anything from our attorney...my attorney was very nice in the begining but now he is not very nice to me when i kept askin how many this ,and how many that...what up with these attorneys acting if they loose pacients with you,it not like we live in the system and know everything..i see that they are legal crooks, theives what ever you wanna call them,they take you money treat you like crap..than expect to be paid at the end......thats another story
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Old 03-04-2006, 10:22 PM
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Default Prison Year

This is very interesting, is it the same for california? How about a 16 month determinate sentence low term for a non-violent offender, what would be the length of time he would actually spend in prison, so far he has been in reception for 7 1/2 months.

Thank you
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Old 03-05-2006, 06:25 AM
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Great Information thank you for the chart!
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Old 03-13-2006, 11:38 AM
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At the present time NYSDOCS year is 12 months. For a flat bid the person serves approx 85% of the bid.
For an indeterminate sentence let's say 8 1/3 to 25. The person must serve 8 year, 4 months (that's the minumum) The CR is 16 2/3 and of course the maximum is 25
Again a year is 12 months.
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Old 03-13-2006, 11:52 AM
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A year is a year as in 12 months no matter which way you slice it. For a indeterminate sentence (ex 1-3, 2-6 etc) A year is still 12 months.

The 8 months = a year is only when good time is credited. You would have to be pretty stupid to loose good time in a county setting (no offense) so with good time credited you do 8 months.

To add a little more information on here. You can spend a total of two years in a county even though the statue says max county time able to be given is 1 year. The way the judge does this is he sentences you for two seperate crimes to a year each to be served consecutively. With good time credited in county you would only do 16 months on a two year bid.

In prison terms, when it's said 8 months = 1 year that's again with good time credited and it's off the back number meaning if you had a 1-3 and didn't make your the parole board you would do 2 years if you didn't loose any good time. In this case you did 8 months for each year off the back number. You're still technially doing 3 years because once you CR you still would have a year on parole, but you're home and not in jail.

8 (mo) * 3 (back number) = 24 months = 2 years

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Old 03-13-2006, 04:56 PM
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Thanks Danee boy, I have been trying to say that! Great explanation!!
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