2015 New York Laws
COR - Correction
Article 24 - (Correction) PROVISIONS APPLICABLE TO SENTENCES IMPOSED UNDER THE THE REVISED PENAL PLAN
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   inmate's
  eligibility  to  be paroled pursuant to subdivision one of section 70.40
  of  the  penal  law,  the  commissioner  shall   review   the   inmate's
  institutional  record  to  determine  whether  he  has complied with the
  assigned program. If the commissioner determines  that  the  inmate  has
  successfully  participated  in  the  program  he  may issue the inmate a
  certificate of earned eligibility. Notwithstanding any  other  provision
  of  law,  an inmate 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
  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  inmate
  is  released,  he  will not live and remain at liberty without violating
  the law and that his 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, 2017
*   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  inmate's  minimum
  period  of  imprisonment,  the  commissioner  shall  review the inmate's
  institutional record to determine  whether  he  has  complied  with  the
  assigned  program.    If the commissioner determines that the inmate has
  successfully participated in the program  he  may  issue  the  inmate  a
  certificate  of  earned eligibility. Notwithstanding any other provision
  of law, an inmate 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
  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 inmate is released, he will not
  live and remain at liberty  without  violating  the  law  and  that  his
  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, 2017