N.Y. Correct. Law § 805

* § 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 inmate's\neligibility to be paroled pursuant to subdivision one of section 70.40\nof the penal law, the commissioner shall review the inmate's\ninstitutional record to determine whether he has complied with the\nassigned program. If the commissioner determines that the inmate has\nsuccessfully participated in the program he may issue the inmate a\ncertificate of earned eligibility. Notwithstanding any other provision\nof law, an inmate who is serving a sentence with a minimum term of not\nmore than eight years and who has been issued a certificate of earned\neligibility, shall be granted parole release at the expiration of his\nminimum term or as authorized by subdivision four of section eight\nhundred sixty-seven of this chapter unless the board of parole\ndetermines that there is a reasonable probability that, if such inmate\nis released, he will not live and remain at liberty without violating\nthe law and that his release is not compatible with the welfare of\nsociety. Any action by the commissioner pursuant to this section shall\nbe deemed a judicial function and shall not be reviewable if done in\naccordance with law.\n * NB Effective until September 1, 2017\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 inmate's minimum\nperiod of imprisonment, the commissioner shall review the inmate's\ninstitutional record to determine whether he has complied with the\nassigned program. If the commissioner determines that the inmate has\nsuccessfully participated in the program he may issue the inmate a\ncertificate of earned eligibility. Notwithstanding any other provision\nof law, an inmate who is serving a sentence with a minimum term of not\nmore than six years and who has been issued a certificate of earned\neligibility, shall be granted parole release at the expiration of his\nminimum term or as authorized by subdivision four of section eight\nhundred sixty-seven unless the board of parole determines that there is\na reasonable probability that, if such inmate is released, he will not\nlive and remain at liberty without violating the law and that his\nrelease is not compatible with the welfare of society. Any action by the\ncommissioner pursuant to this section shall be deemed a judicial\nfunction and shall not be reviewable if done in accordance with law.\n * NB Effective and expires September 1, 2017\n