N.Y. Correction Law § 805: Earned eligibility program

* § 805. Earned eligibility program. Persons committed to the custody

of the department under an indeterminate or determinate sentence of

imprisonment shall be assigned a work and treatment program as soon as

practicable. No earlier than two months prior to the incarcerated

individual's eligibility to be paroled pursuant to subdivision one of

section 70.40 of the penal law, the commissioner shall review the

incarcerated individual's institutional record to determine whether he

or she has complied with the assigned program. If the commissioner

determines that the incarcerated individual has successfully

participated in the program he or she may issue the incarcerated

individual a certificate of earned eligibility. Notwithstanding any

other provision of law, an incarcerated individual who is serving a

sentence with a minimum term of not more than eight years and who has

been issued a certificate of earned eligibility, shall be granted parole

release at the expiration of his or her minimum term or as authorized by

subdivision four of section eight hundred sixty-seven of this chapter

unless the board of parole determines that there is a reasonable

probability that, if such incarcerated individual is released, he or she

will not live and remain at liberty without violating the law and that

his or her release is not compatible with the welfare of society. 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.

* NB Effective until September 1, 2027

* § 805. Earned eligibility program. Persons committed to the custody

of the department under an indeterminate sentence of imprisonment shall

be assigned a work and treatment program as soon as practicable. No

earlier than two months prior to the expiration of an incarcerated

individual's minimum period of imprisonment, the commissioner shall

review the incarcerated individual's institutional record to determine

whether he or she has complied with the assigned program. If the

commissioner determines that the incarcerated individual has

successfully participated in the program he or she may issue the

incarcerated individual a certificate of earned eligibility.

Notwithstanding any other provision of law, an incarcerated individual

who is serving a sentence with a minimum term of not more than six years

and who has been issued a certificate of earned eligibility, shall be

granted parole release at the expiration of his or her minimum term or

as authorized by subdivision four of section eight hundred sixty-seven

unless the board of parole determines that there is a reasonable

probability that, if such incarcerated individual is released, he or she

will not live and remain at liberty without violating the law and that

his or her release is not compatible with the welfare of society. 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.

* NB Effective and expires September 1, 2027