* § 803. Good behavior allowances against indeterminate and\ndeterminate sentences. 1. (a) Every person confined in an institution of\nthe department or a facility in the department of mental hygiene serving\nan indeterminate or determinate sentence of imprisonment, except a\nperson serving a sentence with a maximum term of life imprisonment, may\nreceive time allowance against the term or maximum term of his or her\nsentence imposed by the court. Such allowances may be granted for good\nbehavior and efficient and willing performance of duties assigned or\nprogress and achievement in an assigned treatment program, and may be\nwithheld, forfeited or canceled in whole or in part for bad behavior,\nviolation of institutional rules or failure to perform properly in the\nduties or program assigned.\n (b) A person serving an indeterminate sentence of imprisonment may\nreceive time allowance against the maximum term of his or her sentence\nnot to exceed one-third of the maximum term imposed by the court.\n (c) A person serving a determinate sentence of imprisonment may\nreceive time allowance against the term of his or her sentence not to\nexceed one-seventh of the term imposed by the court.\n (d) (i) Except as provided in subparagraph (ii) of this paragraph,\nevery person under the custody of the department or confined in a\nfacility in the department of mental hygiene serving an indeterminate\nsentence of imprisonment with a minimum period of one year or more or a\ndeterminate sentence of imprisonment of one year or more imposed\npursuant to section 70.70 or 70.71 of the penal law, may earn a merit\ntime allowance.\n (ii) Such merit time allowance shall not be available to any person\nserving an indeterminate sentence authorized for an A-I felony offense,\nother than an A-I felony offense defined in article two hundred twenty\nof the penal law, or any sentence imposed for a violent felony offense\nas defined in section 70.02 of the penal law, manslaughter in the second\ndegree, vehicular manslaughter in the second degree, vehicular\nmanslaughter in the first degree, criminally negligent homicide, an\noffense defined in article one hundred thirty of the penal law, incest,\nor an offense defined in article two hundred sixty-three of the penal\nlaw, or aggravated harassment of an employee by an incarcerated\nindividual.\n (iii) The merit time allowance credit against the minimum period of\nthe indeterminate sentence shall be one-sixth of the minimum period\nimposed by the court except that such credit shall be one-third of the\nminimum period imposed by the court for an A-I felony offense defined in\narticle two hundred twenty of the penal law. In the case of such a\ndeterminate sentence, in addition to the time allowance credit\nauthorized by paragraph (c) of this subdivision, the merit time\nallowance credited against the term of the determinate sentence pursuant\nto this paragraph shall be one-seventh of the term imposed by the court.\n (iv) Such merit time allowance may be granted when an incarcerated\nindividual successfully participates in the work and treatment program\nassigned pursuant to section eight hundred five of this article and when\nsuch incarcerated individual obtains a general equivalency diploma, an\nalcohol and substance abuse treatment certificate, a vocational trade\ncertificate following at least six months of vocational programming, at\nleast eighteen credits in a program registered by the state education\ndepartment from a degree-granting higher education institution or\nperforms at least four hundred hours of service as part of a community\nwork crew. The commissioner may designate additional programs and\nachievements for which merit time may be granted.\n Such allowance shall be withheld for any serious disciplinary\ninfraction or upon a judicial determination that the person, while an\nincarcerated individual, commenced or continued a civil action,\nproceeding or claim that was found to be frivolou
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