NY Corr L § 806 (2021)
2021 New York Laws COR - Correction Article 24 - Provisions Applicable to Sentences Imposed Under the the Revised Penal Plan 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, 2023