NY Corr L § 805 (2021)
2021 New York Laws COR - Correction Article 24 - 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  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, 2023* §  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, 2023