New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter XXI - Earned Eligibility Program
Part 2100 - Earned Eligibility Program
Section 2100.2 - Policy

(a) The earned eligibility program is based upon the premise that an incarcerated individual who has successfully participated in appropriate programs will have an increased likelihood of making a successful transition to the community upon release. The program recognizes that many inmates are motivated to achieve a positive change in their lives, that the programs and services offered by the department can help individuals to prepare to live law abiding lives in the community, and that program plans can assist and guide inmates in preparing for their release.

(b) An eligible inmate who successfully participates in appropriate programs prior to his scheduled parole board (hereinafter the board) appearance shall be eligible to be issued a certificate of earned eligibility (hereinafter certificate) in the discretion of the commissioner. An inmate who has been issued a certificate shall be granted parole release by the board unless the board determines that there is a reasonable probability that, if the 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 taken by the commissioner pursuant to this Part shall be deemed a judicial function and shall not be reviewable if done in accordance with law.