N.Y. Correct. Law § 273

§ 273. Conditional release; procedures for application and\ndeterminations. 1. Any inmate who is eligible for conditional release by\na commission pursuant to subdivision two of section 70.40 of the penal\nlaw and who has served a minimum period of sixty days in a local\ncorrectional facility may apply for conditional release. Eligibility\ncriteria shall be limited to inmates:\n (a) who have not been previously convicted and who do not stand\nconvicted of any crime which would make such inmate ineligible for the\nreceipt of merit time pursuant to section eight hundred three of this\nchapter, any crime pursuant to article two hundred thirty-five of the\npenal law when the victim of such offense was under the age of eighteen\nat the time of the offense, or any crime which the commission determines\nconstituted a crime of domestic violence;\n (b) having jail records which make them eligible for a reduction of\nsentence under section eight hundred four of this chapter;\n (c) having verified community ties in one of the following areas:\nemployment, permanent residence and family.\n Application shall be made in writing, on forms prescribed by the\ndivision, to the commission in the county where the sentence was\nimposed.\n 2. The commission shall review and make a determination on each\napplication within thirty days of receipt of such application. No\ndetermination granting or denying such application shall be valid unless\nmade by a majority vote of at least three commission members present. No\nrelease shall be granted unless there is a reasonable probability that,\nif such inmate is released, he or she shall live and remain at liberty\nwithout violating the law, and that his or her release is not\nincompatible with the welfare of society and shall not so deprecate the\nseriousness of his or her crime as to undermine respect for law.\n 3. If conditional release is granted, the commission shall set the\nconditions for release of the person in accordance with rules and\nregulations promulgated by the division. Such person shall be given a\ncopy of the conditions of release. Such conditions shall, where\nappropriate, include a requirement that the person comply with any\nrestitution order previously imposed by a court of competent\njurisdiction that applies to the person.\n 4. No person who has been granted conditional release shall be\nreleased until such person has served a minimum period of incarceration\nof ninety days, in accordance with subdivision two of section 70.40 of\nthe penal law, and unless such person has agreed in writing to the\nconditions set by the commission. Such agreement shall state in plain,\neasily understandable language the consequences of a violation of one or\nmore of the conditions of release.\n 5. Persons who have been granted conditional release by the commission\nestablished pursuant to this article shall, while on conditional\nrelease, be in the legal custody of the commission for a period of one\nyear, or until returned to the custody of the local correctional\nfacility located in the jurisdiction of the commission, as the case may\nbe. The probation department located in the jurisdiction of the\ncommission has the duty of supervising the person during the period of\nsuch conditional release. The commission shall impose a minimum of four\nsupervision contacts per month while the person is on conditional\nrelease, unless the commission determines that fewer contacts are\nappropriate in any individual case.\n 6. If conditional release is not granted, the commission shall inform\nthe person in writing of the factors and reasons for such denial of\nconditional release within fifteen days of the decision. Such reasons\nshall be given in detail and not in conclusory terms. Inmates denied\nconditional release are eligible to reapply sixty days after the date of\nthe denial.\n