* § 805. Earned eligibility program. Persons committed to the custody\nof the department under an indeterminate or determinate sentence of\nimprisonment shall be assigned a work and treatment program as soon as\npracticable. No earlier than two months prior to the incarcerated\nindividual's eligibility to be paroled pursuant to subdivision one of\nsection 70.40 of the penal law, the commissioner shall review the\nincarcerated individual's institutional record to determine whether he\nor she has complied with the assigned program. If the commissioner\ndetermines that the incarcerated individual has successfully\nparticipated in the program he or she may issue the incarcerated\nindividual a certificate of earned eligibility. Notwithstanding any\nother provision of law, an incarcerated individual who is serving a\nsentence with a minimum term of not more than eight years and who has\nbeen issued a certificate of earned eligibility, shall be granted parole\nrelease at the expiration of his or her minimum term or as authorized by\nsubdivision four of section eight hundred sixty-seven of this chapter\nunless the board of parole determines that there is a reasonable\nprobability that, if such incarcerated individual is released, he or she\nwill not live and remain at liberty without violating the law and that\nhis or her release is not compatible with the welfare of society. Any\naction by the commissioner pursuant to this section shall be deemed a\njudicial function and shall not be reviewable if done in accordance with\nlaw.\n * NB Effective until September 1, 2027\n * § 805. Earned eligibility program. Persons committed to the custody\nof the department under an indeterminate sentence of imprisonment shall\nbe assigned a work and treatment program as soon as practicable. No\nearlier than two months prior to the expiration of an incarcerated\nindividual's minimum period of imprisonment, the commissioner shall\nreview the incarcerated individual's institutional record to determine\nwhether he or she has complied with the assigned program. If the\ncommissioner determines that the incarcerated individual has\nsuccessfully participated in the program he or she may issue the\nincarcerated individual a certificate of earned eligibility.\nNotwithstanding any other provision of law, an incarcerated individual\nwho is serving a sentence with a minimum term of not more than six years\nand who has been issued a certificate of earned eligibility, shall be\ngranted parole release at the expiration of his or her minimum term or\nas authorized by subdivision four of section eight hundred sixty-seven\nunless the board of parole determines that there is a reasonable\nprobability that, if such incarcerated individual is released, he or she\nwill not live and remain at liberty without violating the law and that\nhis or her release is not compatible with the welfare of society. Any\naction by the commissioner pursuant to this section shall be deemed a\njudicial function and shall not be reviewable if done in accordance with\nlaw.\n * NB Effective and expires September 1, 2027\n
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