2023 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, 2025
* §  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, 2025