1. (1) The records of an inmate eligible for a merit time allowance under the criteria set forth in section 280.2 of this Part shall be reviewed by facility guidance staff prior to his or her merit eligibility date.

2. (2) The inmate's program history and record will be reviewed by a senior counselor, deputy superintendent for programs, and superintendent, or their respective designees to identify any inmate whose behavior, subsequent to commitment to the department, may be regarded as inconsistent with the intent of Correction Law, section 803(1)(d) and public safety. Factors which will be viewed negatively include:

   1. (i) evidence of escape or attempted escape; and

   2. (ii) refusal to participate in the Shock Incarceration Program.

      (b) Merit time determination.

3. (1) Merit time determinations shall be made by the commissioner or designee after central office review.
4. (2) The decision of the commissioner or designee to grant or withhold a merit time allowance is final, except as provided in paragraph (4) of this subdivision.
5. (3) The merit time determination notice shall be delivered to the inmate approximately one week before the scheduled Parole Board hearing. Copies shall also be provided to facility parole staff and the inmate's guidance folder.
6. (4) A merit time allowance may be revoked at any time prior to an inmate's release on parole if the inmate commits a serious disciplinary infraction or fails to continue to perform and pursue his or her assigned program plan or earned eligibility plan.

(a) Merit time reviews.