Section 805*2. Earned eligibility program

Persons committed to the custody
  of the department under an indeterminate sentence of imprisonment  shall
  be  assigned  a  work  and  treatment program as soon as practicable. No
  earlier than two months prior to the expiration of an  inmate's  minimum
  period  of  imprisonment,  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  six  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 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 and expires September 1, 2011