N.Y. Comp. Codes R. & Regs. tit. 9, § 179-2.8 – Procedure of time allowance committees.

(a) The file of each resident who is serving an indeterminate sentence and who is entitled to be considered for good behavior allowance shall be considered at least once a year during the time of his confinement. All jail and/or detention time and other credits against the sentence shall be calculated as part of the first one-year period. Where the incident leading to the credit occurs at a subsequent time, the credit shall be calculated as part of the first year following the occurrence of such incident.
(b) Irrespective of when the last consideration of the file of a resident serving an indeterminate sentence occurred, the file of a resident shall be considered during the third month preceding the month of the earliest possible date he would be entitled to consideration for parole or conditional or other release if that date depends upon the amount of good behavior allowance to be granted, based upon the assumption that he has earned all the good behavior allowances that can be granted. In any case, where the annual review would occur within six months of the review required by this section, the annual review need not be conducted.
(c) Where a resident is serving a definite sentence of imprisonment with a term of one year or less, the committee shall review his file not more than six nor less than two weeks before the earliest possible date he would be entitled to release if he had earned all the good behavior allowances that can be granted.
(d) The committee shall consider the entire file of the resident and then shall decide upon a recommendation as to the amount of good behavior allowance to be granted, applying the criteria set forth in sections 179-2.5 and 179-2.6 of this Subpart. Where the committee does not recommend granting the total good behavior allowance authorized, they shall proceed as provided in section 179-2.9 of this Subpart.
(e) The committee shall not recommend the granting of the total allowance authorized by law or the withholding of any part of the allowance in accordance with any automatic rule, but shall appraise the entire facility experience of the resident and make its own determination.
(f) The committee shall promptly report the results of its deliberations in writing to the facility director. Such report shall set forth the committee's recommendation of the good behavior allowance to be granted for the period under consideration and the reasons for the recommendation.
(g) Where a period of good behavior allowance has been declared lost in a determination of a facility director's proceeding, such time shall be excluded from the amount the committee is authorized to recommend for allowance, but on the last consideration to occur before the earliest parole or conditional or other release date, the committee shall consider and set forth its recommendation as to whether the resident's subsequent behavior merits restoration of all or part of the lost allowance and its reasons therefor. The committee shall evaluate the following factors in determining whether to restore the lost allowance:
1. (1) the number of facility director's proceedings held, the time span over which they occurred and the disposition of each;
2. (2) the misbehaviors for which the facility director's proceedings were held;
3. (3) the duration and recency of the misbehavior free periods; and
4. (4) the resident's effort to change and the degree of change indicated.
(h) Recommendations of the committee shall be pursuant to a decision of a majority of the members, but any member who disagrees shall note his recommendations and the reasons therefor on the report of the committee. Where a majority of the members are unable to agree upon a recommendation, the chairperson shall report such fact and each member shall report his recommendation and his reasons in the report made by the chairperson.
(i) Where the time allowance committee has recommended an allowance which will extend the period of the resident's confinement beyond the earliest or any previously established release date, the resident shall be scheduled to reappear before the time allowance committee at a hearing in accordance with the direction of the director of the division.