§ 865 — Definitions

§ 865. Definitions. As used in this article, the following terms mean:\n 1. "Eligible incarcerated individual" means a person sentenced to an\nindeterminate term of imprisonment who will become eligible for release\non parole within three years or sentenced to a determinate term of\nimprisonment who will become eligible for conditional release within\nthree years, who has not reached the age of fifty years, who has not\npreviously been convicted of a violent felony as defined in article\nseventy of the penal law, or a felony in any other jurisdiction which\nincludes all of the essential elements of any such violent felony, upon\nwhich an indeterminate or determinate term of imprisonment was imposed\nand who was between the ages of sixteen and fifty years at the time of\ncommission of the crime upon which his or her present sentence was\nbased. Notwithstanding the foregoing, no person who is convicted of any\nof the following crimes shall be deemed eligible to participate in this\nprogram: (a) a violent felony offense as defined in article seventy of\nthe penal law; provided, however, that a person who is convicted of\nburglary in the second degree as defined in subdivision two of section\n140.25 of the penal law, or robbery in the second degree as defined in\nsubdivision one of section 160.10 of the penal law, or an attempt\nthereof, is eligible to participate, (b) an A-I felony offense, (c) any\nhomicide offense as defined in article one hundred twenty-five of the\npenal law, (d) any felony sex offense as defined in article one hundred\nthirty of the penal law and (e) any escape or absconding offense as\ndefined in article two hundred five of the penal law.\n 2. "Shock incarceration program" means a program pursuant to which\neligible incarcerated individuals are selected to participate in the\nprogram and serve a period of six months in a shock incarceration\nfacility, which shall provide rigorous physical activity, intensive\nregimentation and discipline and rehabilitation therapy and programming.\nSuch incarcerated individuals may be selected either: (i) at a reception\ncenter; or (ii) at a general confinement facility when the otherwise\neligible incarcerated individual then becomes eligible for release on\nparole within three years in the case of an indeterminate term of\nimprisonment, or then becomes eligible for conditional release within\nthree years in the case of a determinate term of imprisonment.\n