Legal Basis
Formula for an indeterminate returned absconder/AWOL/escapee with a consecutive determinate new term.
To compute the Parole Eligibility date, add 6/7 of the determinate term to the prior indeterminate minimum time owed, if any.
To compute the Maximum Expiration date, add the determinate term to the prior indeterminate minimum time owed, if any. Add the prior indeterminate maximum time owed to the date received, and whichever is longer controls.
To compute the Conditional Release*, use the controlling Maximum Expiration date.
The good time is 1/7 of the determinate term plus the good time from the prior 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 slid back to the PE date and the good time is correspondingly reduced.
