N.Y. Correction Law § 806: Presumptive release program for nonviolent incarcerated individuals

* § 806. Presumptive release program for nonviolent incarcerated

individuals. 1. Notwithstanding any other provision of law to the

contrary and except as provided in subdivision two of this section, an

incarcerated individual who has been awarded a certificate of earned

eligibility by the commissioner as set forth in section eight hundred

five of this article may be entitled to presumptive release at the

expiration of the minimum or aggregate minimum period of his or her

indeterminate term of imprisonment, provided that:

(i) the incarcerated individual has not been convicted previously of,

nor is presently serving a sentence imposed for a class A-I felony, a

violent felony offense as defined in section 70.02 of the penal law,

manslaughter in the second degree, vehicular manslaughter in the second

degree, vehicular manslaughter in the first degree, criminally negligent

homicide, an offense defined in article one hundred thirty of the penal

law, incest, or an offense defined in article two hundred sixty-three of

the penal law,

(ii) the incarcerated individual has not committed any serious

disciplinary infraction, and

(iii) there has been no judicial determination that the person while

an incarcerated individual commenced or continued a civil action,

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 has not been issued by a

federal court pursuant to rule 11 of the federal rules of civil

procedure imposing sanctions in an action commenced by the incarcerated

individual against a state agency, officer or employee.

2. In the case of an incarcerated individual who meets the criteria

set forth in subdivision one of this section and who also meets the

criteria for merit time as provided for in paragraph (d) of subdivision

one of section eight hundred three of this article, such incarcerated

individual may be entitled to presumptive release, as provided in this

section, at the expiration of five-sixths of the minimum or aggregate

minimum period of his or her indeterminate term of imprisonment.

3. Any incarcerated individual eligible for presumptive release

pursuant to this section shall be required to apply for such release

pursuant to section two hundred six of this chapter.

4. The commissioner shall promulgate rules and regulations for the

granting, withholding, cancellation and recission of presumptive release

authorized by this section in accordance with law.

5. No person shall have the right to demand or require presumptive

release authorized by this section. The commissioner may revoke at any

time an incarcerated individual's scheduled presumptive release pursuant

to this section for any disciplinary infraction committed by the

incarcerated individual 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. The commissioner may

deny presumptive release to any incarcerated individual whenever the

commissioner determines that such release may not be consistent with the

safety of the community or the welfare of the incarcerated individual.

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.

6. Any eligible incarcerated individual who is not released pursuant

to subdivision one or two of this section shall be considered for

discretionary release on parole pursuant to the provisions of section

eight hundred five of this article or section two hundred fifty-nine-i

of the executive law, whichever is applicable.

7. Any reference to parole and conditional release in this chapter

shall also be deemed to include presumptive release.

* NB Repealed September 1, 2027