N.Y. Correct. Law § 806

* § 806. Presumptive release program for nonviolent inmates. 1.\nNotwithstanding any other provision of law to the contrary and except as\nprovided in subdivision two of this section, an inmate who has been\nawarded a certificate of earned eligibility by the commissioner as set\nforth in section eight hundred five of this article may be entitled to\npresumptive release at the expiration of the minimum or aggregate\nminimum period of his or her indeterminate term of imprisonment,\nprovided that:\n (i) the inmate has not been convicted previously of, nor is presently\nserving a sentence imposed for a class A-I felony, a violent felony\noffense as defined in section 70.02 of the penal law, manslaughter in\nthe second degree, vehicular manslaughter in the second degree,\nvehicular manslaughter in the first degree, criminally negligent\nhomicide, an offense defined in article one hundred thirty of the penal\nlaw, incest, or an offense defined in article two hundred sixty-three of\nthe penal law,\n (ii) the inmate has not committed any serious disciplinary infraction,\nand\n (iii) there has been no judicial determination that the person while\nan inmate commenced or continued a civil action, proceeding or claim\nthat was found to be frivolous as defined in subdivision (c) of section\neight thousand three hundred three-a of the civil practice law and\nrules, or an order has not been issued by a federal court pursuant to\nrule 11 of the federal rules of civil procedure imposing sanctions in an\naction commenced by the inmate against a state agency, officer or\nemployee.\n 2. In the case of an inmate who meets the criteria set forth in\nsubdivision one of this section and who also meets the criteria for\nmerit time as provided for in paragraph (d) of subdivision one of\nsection eight hundred three of this article, such inmate may be entitled\nto presumptive release, as provided in this section, at the expiration\nof five-sixths of the minimum or aggregate minimum period of his or her\nindeterminate term of imprisonment.\n 3. Any inmate eligible for presumptive release pursuant to this\nsection shall be required to apply for such release pursuant to section\ntwo hundred six of this chapter.\n 4. The commissioner shall promulgate rules and regulations for the\ngranting, withholding, cancellation and recission of presumptive release\nauthorized by this section in accordance with law.\n 5. No person shall have the right to demand or require presumptive\nrelease authorized by this section. The commissioner may revoke at any\ntime an inmate's scheduled presumptive release pursuant to this section\nfor any disciplinary infraction committed by the inmate or for any\nfailure to continue to participate successfully in any assigned work and\ntreatment program after the certificate of earned eligibility has been\nawarded. The commissioner may deny presumptive release to any inmate\nwhenever the commissioner determines that such release may not be\nconsistent with the safety of the community or the welfare of the\ninmate. Any action by the commissioner pursuant to this section shall be\ndeemed a judicial function and shall not be reviewable if done in\naccordance with law.\n 6. Any eligible inmate who is not released pursuant to subdivision one\nor two of this section shall be considered for discretionary release on\nparole pursuant to the provisions of section eight hundred five of this\narticle or section two hundred fifty-nine-i of the executive law,\nwhichever is applicable.\n 7. Any reference to parole and conditional release in this chapter\nshall also be deemed to include presumptive release.\n * NB Repealed September 1, 2017\n