Eligibility

An incarcerated individual serving their sentence in a NYC jail is eligible for conditional release, if they:

• Are serving a definite sentence of more than 120 days but less than 365 days. Such individual must serve at least 90 days prior to being released.
• Have not been convicted at any time of an ineligible crime as defined below.
• Have jail records which make them eligible for a reduction of their sentence.
• Have verified community ties in one of the following areas: employment, permanent residence, and family.

An individual is not eligible for conditional release if they at any time were convicted of the following ineligible crimes:

1. A-1 felony offenses, except for those listed in Penal Law Article 220.
2. Violent felony offenses as defined in Section 70.02.
3. Manslaughter in the second degree (Penal Law Section 125.15), vehicular manslaughter in the second degree Penal Law Section 125.12, vehicular manslaughter in the first degree Penal Law Section 125.13, or criminally negligent homicide Penal Law Section 125.10.
4. Sex offenses as defined in Penal Law Article 130 and Incest defined in Penal Law Sections 255.25 255.26 255.27.
5. Sex offense as defined in Penal Law Article 263.
6. Aggravated harassment of an employee as defined by Penal Law Section 240.32.
7. Obscenity offenses as defined in Penal Law Article 235 when the victim of such offense was under the age of eighteen at the time of the offense.
8. Any crime which the Commission determines constitutes a crime of domestic violence.
9. Any violation of community supervision or by a conviction for a crime committed while on community supervision concerning the instant offense.