2023 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, 2025