Limited Time Credit

[LissnBeenzB]

Can you guys give me all the info you know about this program and what the chances are of someone being approved for it? Thanks!

[Mrs.taylor2011]

i google it,because i never heard of it before i hope this helps.

eans: (i) in the case of an eligible offender who is subject to an indeterminate sentence with a maximum term of life imprisonment, such offender shall be eligible for release six months before the completion of the controlling minimum period of imprisonment as defined by subdivision one of section 70.40 of the penal law; or (ii) (A) in the case of an eligible offender who is not subject to an indeterminate sentence with a maximum term of life imprisonment, such offender shall be eligible for conditional release six months earlier than as provided by paragraph (b) of subdivision one of section 70.40 of the penal law, provided that the department determines such offender has earned the full amount of good time authorized by section eight hundred three of this article; the withholding of any good behavior time credit by the department shall render an inmate ineligible for the credit defined herein; (B) in the event the limited credit time benefit defined herein causes such conditional release date to precede the parole eligibility date as calculated pursuant to subdivision one of section 70.40 of the penal law, a limited credit time benefit shall also be applied to the parole eligibility date, but only to the extent necessary to cause such parole eligibility date to be the same date as the conditional release date; (C) an inmate shall not be eligible for the credit defined herein if he or she is returned to the department pursuant to a revocation of presumptive release, parole, conditional release, or post-release supervision and has not been sentenced to an additional indeterminate or determinate term of imprisonment. (iii) Regardless of the number of sentences to which an eligible offender is subject, the limited credit time benefit authorized pursuant to this section shall be limited to a single six-month credit applied to such person's parole eligibility date pursuant to subparagraph (i) of this paragraph or to such person's conditional release date pursuant to subparagraph (ii) of this paragraph. Except as provided in clause (B) of subparagraph (ii) of this paragraph, the limited credit time benefit authorized pursuant to this section shall not be applied to an eligible offender's parole eligibility date and conditional release date. (c) "significant programmatic accomplishment" means that the inmate: (i) participates in no less than two years of college programming; or (ii) obtains a masters of professional studies degree; or (iii) successfully participates as an inmate program associate for no less than two years; or (iv) receives a certification from the state department of labor for his or her successful participation in an apprenticeship program; or (v) successfully works as an inmate hospice aid for a period of no less than two years. (d) "serious disciplinary infraction" or "overall poor institutional record" shall be defined in regulations promulgated by the commissioner and need not be the same as the regulations promulgated for the meaning of serious disciplinary infraction pursuant to paragraph (d) of subdivision one of section eight hundred three of this article. (e) "disqualifying judicial determination" means a judicial determination that the person, while an inmate, commenced or continued a civil action or proceeding or claim that was found to be frivolous as defined in subdivision (c) of section eight thousand three hundred three-a of the civil practice law and rules, or an order of a federal court pursuant to rule 11 of the federal rules of civil procedure imposing sanctions in an action commenced by a person while an inmate against a state agency, officer or employee. 2. Every eligible offender under the custody of the department or confined in a facility in the department of mental hygiene may earn a limited credit time allowance if such offender successfully participates in the work and treatment program assigned pursuant to section eight hundred five of this article and: (a) successfully completes one or more significant programmatic accomplishments; and (b) has not committed a serious disciplinary infraction or maintained an overall negative institutional record as defined in rules and regulations promulgated by the commissioner; and (c) has not received a disqualifying judicial determination. 3. No person shall have the right to demand or require the credit authorized by this section. The commissioner may revoke at any time such credit for any disciplinary infraction committed by the inmate or for any failure to continue to participate successfully in any assigned work and treatment program after the certificate of earned eligibility has been awarded. Any action by the commissioner pursuant to this section shall be deemed a judicial function and shall not be reviewable if done in accordance with law.

[LifeTraveler]

You'll probably get more answers in the New York Forum, so I'm going to move your post over there.

[LissnBeenzB]

Can someone be denied limited time credit, or is everyone approved, no matter their initial crime? Thanks!

[Momma Ann]

LCTA is very hard to get. They must met ALL the requirements--ceertain crimes are omitted; if they have big tickets --no; and they need the program achievements. As stated in the above info, only certain people are eligible; and there are a lot of other requirements. Here is another sticky on it in more laymen's terms--if you have a specific question, please ask it--

http://www.prisontalk.com/forums/sho...d.php?t=601337

[LissnBeenzB]

One more question... Is this only offered to those who committed violent crimes?

[Momma Ann]

. .

Be aware it will take at least 2 years to even achieve the significant programmatic achievement.

He can ask his counsellor if he would qualify with his crime--that is best.

[Irish Girl]

It's just for violent offenders, minus a few exclusions. Both determinate and indeterminately sentenced violent offenses are eligible. Non-violent offenders get merit time and they get good time, both of which allow early release.

[LissnBeenzB]

He told me he saw a list of the offenses that are eligible for the program and drunk driving wasn't on it. Does this mean he is definitely ineligible?

[Momma Ann]

Yes

[lethad]

My husband just applied for this time credit..So we are now waiting..Hopefully all will go well..i will keep everyone posted.

[Momma Ann]

What was his program achievement? Just curious.

[lethad]

That's a good question, he has been locked up since 1999. He took all the courses and classes that were offered and he has worked at all the jobs that he could including teaching asat classes and a few other classes and he worked around the prison in a variety of different positions. He also got his G.E..D. while in there.It was a long list of things that he did starting years ago when he was in Wende. Now he is in Orleans and his name was on the list of eligible inmates and so he applied and now he is waiting for an answer back. He hasn't had any tickets at all, but that's just the type of person he is. When I find out more I will let you know.

[Momma Ann]

if he had 2 years as an Inmate Program Assistant--I think that qualifies.

[lethad]

Exactly...I did ask him and he did say to participate in the Inmate Program Asst course or a Transitional Service Position...Also to have taken A.R.T. or have a HOSPICE certificate, Sign Language certificate, or a Puppies Behind Bars Program, or 2 years of college in which they paid for themselves..They def have had to have gotten their G.E.D...Also a completion of a vocational or NCCR program which is to be certified through Dept Of Labor..If its a violent crime and no one was hurt they can do 2,000 hours of outside community service...All this came from my husband who is in Orleans and what the qualifications were. They didn't have to do everything, a lot of it was either/or situations or a mixture of the classes

[Irish Girl]

I'm under the impression doing the IPA job is supposed to be after one gets certified by the Department of Labor to be an IPA. That's a two year, 2000 hour effort. I'd double check that getting the position without certification will lead to LCTA. To teach in Transitional Services or any of the other programs they are supposed to have the training and certification that qualifies them to do that.

[lethad]

Yay!!!!yay!!! Husband has been approved for the limited time credit!!! His time is officially changed on the nysdocs website!! It went from 07/22/2013 to 01/22/2013!!! Yes!! All those classes & not getting tickets have paid off, he is extremely excited & so am i!!! Yes!!! Much prayers & praises!! He also received his paperwork from his counselor today saying he was approved but i had already looked on the website this morning, i couldn't wait!! Finally this long journey from 1999 monroe county jail to 2013 orleans correctional facility by way of wende, will all be over!!! 13 long years away from me, the children & his community, finally the countdown can officially begin!!!

[mandarose]

Awesome! Congrats

[Irish Girl]

Congratulations!! Those LCTA are hard to get! Good for you guys!!

[Momma Ann]

awesome! awesome! Congrats to both of you!

[louisb]

Originally Posted by Irish Girl

I'm under the impression doing the IPA job is supposed to be after one gets certified by the Department of Labor to be an IPA. That's a two year, 2000 hour effort. I'd double check that getting the position without certification will lead to LCTA. To teach in Transitional Services or any of the other programs they are supposed to have the training and certification that qualifies them to do that.

Wrong. IPA is different from the department of labor apprenticeship

[Irish Girl]

Originally Posted by louisb

Wrong. IPA is different from the department of labor apprenticeship

I'm not talking about the apprenticeship program which also provides certification for vocational programs for which one can also get LCTA. What I said in the rest of my post was that I believe it's the training and certification that's going to qualify one for the LCTA, and that if one has the IPA job without the training and certification that it could be a problem trying to get LCTA without it. It is the Department of Labor that provides the certification for the teacher's aide and program aide IPA positions. A different organization provides certification for the HIV/Aids peer educators. I recall you were going for the chaplain's aide qualification. There are at least eight titles an IPA can have and maybe DOCS or other organizations certify some of those, but I think having the certificate, and not just the job for two years, is what makes the difference in getting the LCTA or getting denied it for merely having the job but not the certification.

The other thing someone could do to play it safe is have their counselor look up their LCTA eligibility screen. It'll say whether or not someone is eligible and whether or not they are reviewable. My husband's read "Eligible/Not Yet Reviewable" until 13 months before his earliest release date and then it switched to "Eligible/Reviewable". I think that can help resolve anyone's question as to whether or not they're going to be able to go for the LCTA.