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.
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