§ 803-b. Limited credit time allowances for incarcerated individuals\nserving indeterminate or determinate sentences imposed for specified\noffenses. 1. Definitions. As used in this section the following terms\nshall have the following meanings:\n (a) "eligible offender" means a person under the custody of the\ndepartment or confined in a facility in the department of mental\nhygiene, other than a person who is subject to a sentence imposed for\nmurder in the first degree as defined in section 125.27 of the penal\nlaw, an offense defined in article one hundred thirty of such law, or an\nattempt or a conspiracy to commit any such offense, who is otherwise\nsubject to:\n (i) an indeterminate sentence imposed for any class A-I felony offense\nother than criminal possession of a controlled substance in the first\ndegree as defined in section 220.21 of the penal law or criminal sale of\na controlled substance in the first degree as defined in section 220.43\nof such law or an attempt or a conspiracy to commit such controlled\nsubstance offense; or\n (ii) an indeterminate or determinate sentence imposed for an offense\nlisted in subdivision one of section 70.02 of the penal law; or\n (iii) an indeterminate or determinate sentence imposed for an offense\ndefined in article one hundred twenty-five of the penal law.\n (b) "limited credit time benefit" means:\n (i) in the case of an eligible offender who is subject to an\nindeterminate sentence with a maximum term of life imprisonment, such\noffender shall be eligible for release six months before the completion\nof the controlling minimum period of imprisonment as defined by\nsubdivision one of section 70.40 of the penal law; or\n (ii) (A) in the case of an eligible offender who is not subject to an\nindeterminate sentence with a maximum term of life imprisonment, such\noffender shall be eligible for conditional release six months earlier\nthan as provided by paragraph (b) of subdivision one of section 70.40 of\nthe penal law, provided that the department determines such offender has\nearned the full amount of good time authorized by section eight hundred\nthree of this article; the withholding of any good behavior time credit\nby the department shall render an incarcerated individual ineligible for\nthe credit defined herein;\n (B) in the event the limited credit time benefit defined herein causes\nsuch conditional release date to precede the parole eligibility date as\ncalculated pursuant to subdivision one of section 70.40 of the penal\nlaw, a limited credit time benefit shall also be applied to the parole\neligibility date, but only to the extent necessary to cause such parole\neligibility date to be the same date as the conditional release date;\n (C) an incarcerated individual shall not be eligible for the credit\ndefined herein if he or she is returned to the department pursuant to a\nrevocation of presumptive release, parole, conditional release, or\npost-release supervision and has not been sentenced to an additional\nindeterminate or determinate term of imprisonment.\n (iii) Regardless of the number of sentences to which an eligible\noffender is subject, the limited credit time benefit authorized pursuant\nto this section shall be limited to a single six-month credit applied to\nsuch person's parole eligibility date pursuant to subparagraph (i) of\nthis paragraph or to such person's conditional release date pursuant to\nsubparagraph (ii) of this paragraph. Except as provided in clause (B) of\nsubparagraph (ii) of this paragraph, the limited credit time benefit\nauthorized pursuant to this section shall not be applied to an eligible\noffender's parole eligibility date and conditional release date.\n (c) "significant programmatic accomplishment" means that the\nincarcerated individual:\n (i) participates in no less than two years of college programming; or\n (ii) obtains an associate degree, bachelor's degree, master's degree\nor doctoral degree by completing a reg
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