I know that everytime my husband has been involved with the ERP the judge said he was eligible for it when he was sentenced. I believe that his lawyer has to ask for it and then the judge decides if he is eligible for the program.
the ERP is the earned release program, which is an intense AODA treatment based program. it has to be ordered by the sentencing judge and granted by the DOC. If you qualify for the program, you will do 6 months in the program and upon completion, you are immediately(within about a week) released onto extended supervision.