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NY · Sentence credit rules

New York good time and sentence credit rules

New York good time can take up to one-third off the maximum of an indeterminate sentence and one-seventh off a determinate sentence. Merit time can take another one-sixth off the minimum for eligible nonviolent offenses.[1]

Sources last checked Oct 16, 2026, 8:28 AM MT. This explains current law. It does not calculate anyone's date.

Credit types and rates

  • Good time (Penal Law §70.40, Correction Law §803): the conditional release date is one-third off the maximum for indeterminate sentences and one-seventh off for determinate sentences, unless good time is lost.[1]
  • Merit time: one-sixth off the minimum (one-third for A-I drug felonies) on indeterminate sentences, or one-seventh off determinate terms. Requires a GED, a treatment or vocational certificate, or 400 hours of work-crew service, and no serious infractions.[1]
  • Supplemental merit time: another one-sixth for certain A-II through E drug felonies.[1]
  • Limited Credit Time Allowance: 6 months for some non-merit-eligible people who complete significant programs.[1]

Exclusions and limits

  • Merit time is not available for violent felony offenses, non-drug A-I felonies, manslaughter 2nd, vehicular manslaughter, criminally negligent homicide, incest, or sex offenses (Penal Law art. 130 or 263).[1]
  • LCTA is not available for murder 1st or art. 130 sex offenses.[1]
  • A Time Allowance Committee reviews good time about 4 months before the conditional release date.[1]

Parole eligibility vs. discharge

  • Indeterminate: parole eligibility at the minimum (or the merit date). The Board of Parole decides. Conditional release at two-thirds of the maximum is not discretionary.[1]
  • Determinate: no parole board discretion. Release is by law at six-sevenths, followed by post-release supervision.[1]
  • The Earned Time Act (S342) is pending. See the tracker.

How to find a release date

  1. Search the official DOCCS Incarcerated Lookup by name or ID number.
  2. Look for the projected release, parole eligibility, or discharge date. The DOC record already includes credits it has awarded.
  3. For questions, contact the facility records office. Only DOC can correct a date.

DOCCS Incarcerated Lookup (official)

New laws and bills

Pending Earned Time Act (S342) pending: up to 1/2 off maximum vs 1/3 today. (tracker checked Oct 16, 2026)

50-state tracker · New York action kit

FAQ

How much good time do you get in New York?

Up to one-third off the maximum (indeterminate) or one-seventh (determinate), per DOCCS.

What is merit time in New York?

An extra one-sixth off the minimum (or one-seventh of a determinate term) for eligible nonviolent offenses after completing a GED, a treatment or vocational certificate, or 400 hours of work crew.

What this site can't do

Limits of OutSooner information
IssueWhy it matters
Discipline and lost creditsWe cannot see write-ups, forfeitures or restored credits. Only the facility record shows them.
Detainers and holdsWarrants, immigration holds or other-state detainers can block release. They are not in public data.
Consecutive and concurrent sentencesHow sentences stack changes every date. We do not recompute aggregated sentences.
Parole board discretionEligibility is not release. Boards decide, and can deny or defer.
Jail credit errorsPretrial credit is set by the court. Errors must be fixed through the court or records office.
Recent law changesNew laws, court rulings and DOC policy changes can take weeks to reach records.
Individual legal adviceWe explain public rules. A lawyer or the DOC records office can apply them to one case.

Always confirm dates with the official DOC records office.

Sources

  1. NYS DOCCS: Serving a Sentence (good time, merit time, conditional release)

Official statute, regulation, or agency pages only. Last checked Oct 16, 2026, 8:28 AM MT. Spotted an error? Tell us.

All 50 states + DC · Federal (First Step Act) · Paroling to another state (Interstate Compact)

Sources: NYS DOCCS: Serving a Sentence (good time, merit time, conditional release) · Last verified: · Corrections