Legal Basis
Formula for an indeterminate returned absconder/AWOL/escapee with a consecutive determinate new term and indeterminate new term. The new terms are concurrent with each other but consecutive to prior term.
To compute the Parole Eligibility date, add 6/7 of the determinate term to the prior indeterminate minimum time owed, if any. Add the new indeterminate minimum term to the prior indeterminate minimum time owed, if any. Whichever is longer controls.
To compute the Maximum Expiration date, add the determinate term to the prior indeterminate minimum time owed, if any. Add the new indeterminate maximum term to the prior indeterminate maximum time owed. Whichever is longer controls.
Compute the good time twice; compare them, and whichever is greater must be subtracted from the controlling Maximum Expiration date.
Add 1/7 of the determinate term to the good time from the prior term.
Add 1/3 of the indeterminate term to 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.
