Section 273. Conditional release; procedures for application and determinations

1. Any inmate who is eligible for conditional release by  a commission pursuant to subdivision two of section 70.40 of  the  penal
  law  and  who  has  served  a  minimum  period  of sixty days in a local
  correctional facility may apply  for  conditional  release.  Eligibility
  criteria shall be limited to inmates:
    (a)  who  have  not  been  previously  convicted  and who do not stand
  convicted of any crime which would make such inmate ineligible  for  the
  receipt  of  merit  time pursuant to section eight hundred three of this
  chapter, any crime pursuant to article two hundred  thirty-five  of  the
  penal  law when the victim of such offense was under the age of eighteen
  at the time of the offense, or any crime which the commission determines
  constituted a crime of domestic violence;
    (b) having jail records which make them eligible for  a  reduction  of
  sentence under section eight hundred four of this chapter;
    (c)  having  verified  community  ties  in one of the following areas:
  employment, permanent residence and family.
    Application shall be made in  writing,  on  forms  prescribed  by  the
  division,  to  the  commission  in  the  county  where  the sentence was
  imposed.
    2. The commission shall  review  and  make  a  determination  on  each
  application  within  thirty  days  of  receipt  of  such application. No
  determination granting or denying such application shall be valid unless
  made by a majority vote of at least three commission members present. No
  release shall be granted unless there is a reasonable probability  that,
  if  such  inmate is released, he or she shall live and remain at liberty
  without  violating  the  law,  and  that  his  or  her  release  is  not
  incompatible  with the welfare of society and shall not so deprecate the
  seriousness of his or her crime as to undermine respect for law.
    3. If conditional release is granted, the  commission  shall  set  the
  conditions  for  release  of  the  person  in  accordance with rules and
  regulations promulgated by the division. Such person shall  be  given  a
  copy  of  the  conditions  of  release.  Such  conditions  shall,  where
  appropriate, include a requirement  that  the  person  comply  with  any
  restitution   order   previously   imposed   by  a  court  of  competent
  jurisdiction that applies to the person.
    4. No person  who  has  been  granted  conditional  release  shall  be
  released  until such person has served a minimum period of incarceration
  of ninety days, in accordance with subdivision two of section  70.40  of
  the  penal  law,  and  unless  such  person has agreed in writing to the
  conditions set by the commission. Such agreement shall state  in  plain,
  easily understandable language the consequences of a violation of one or
  more of the conditions of release.
    5. Persons who have been granted conditional release by the commission
  established  pursuant  to  this  article  shall,  while  on  conditional
  release, be in the legal custody of the commission for a period  of  one
  year,  or  until  returned  to  the  custody  of  the local correctional
  facility located in the jurisdiction of the commission, as the case  may
  be.  The  probation  department  located  in  the  jurisdiction  of  the
  commission has the duty of supervising the person during the  period  of
  such  conditional release. The commission shall impose a minimum of four
  supervision contacts per  month  while  the  person  is  on  conditional
  release,  unless  the  commission  determines  that  fewer  contacts are
  appropriate in any individual case.
    6. If conditional release is not granted, the commission shall  inform
  the  person  in  writing  of  the factors and reasons for such denial of
  conditional release within fifteen days of the  decision.  Such  reasons
  shall  be  given  in  detail and not in conclusory terms. Inmates denied

  conditional release are eligible to reapply sixty days after the date of
  the denial.