* § 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