Section 805. Earned eligibility program

Persons committed to the custody
  of the department under an  indeterminate  or  determinate  sentence  of
  imprisonment  shall  be assigned a work and treatment program as soon as
  practicable.  No  earlier  than  two  months  prior  to   the   inmate's
  eligibility  to  be paroled pursuant to subdivision one of section 70.40
  of  the  penal  law,  the  commissioner  shall   review   the   inmate's
  institutional  record  to  determine  whether  he  has complied with the
  assigned program. If the commissioner determines  that  the  inmate  has
  successfully  participated  in  the  program  he  may issue the inmate a
  certificate of earned eligibility. Notwithstanding any  other  provision
  of  law,  an inmate who is serving a sentence with a minimum term of not
  more than eight years and who has been issued a  certificate  of  earned
  eligibility,  shall  be  granted parole release at the expiration of his
  minimum term or as authorized  by  subdivision  four  of  section  eight
  hundred   sixty-seven  of  this  chapter  unless  the  board  of  parole
  determines that there is a reasonable probability that, if  such  inmate
  is  released,  he  will not live and remain at liberty without violating
  the law and that his release is  not  compatible  with  the  welfare  of
  society.  Any  action by the commissioner pursuant to this section shall
  be deemed a judicial function and shall not be  reviewable  if  done  in
  accordance with law.
    * NB Effective until September 1, 2011