§ 867 — Procedure for selection of participants in shock incarceration program

New York § 867

• Jurisdiction: New York
• Law COR: Correction
• Art. 26-A: Shock Incarceration Program For State Correctional Incarcerated Individuals

Text

§ 867. Procedure for selection of participants in shock incarceration\nprogram. 1. An eligible incarcerated individual may make an application\nto the shock incarceration screening committee for permission to\nparticipate in the shock incarceration program.\n 2. If the shock incarceration screening committee determines that an\nincarcerated individual's participation in the shock incarceration\nprogram is consistent with the safety of the community, the welfare of\nthe applicant and the rules and regulations of the department, the\ncommittee shall forward the application to the commissioner or his\ndesignee for approval or disapproval.\n 2-a. Subdivisions one and two of this section shall apply to a\njudicially sentenced shock incarceration incarcerated individual only to\nthe extent that the screening committee may determine whether the\nincarcerated individual has a medical or mental health condition that\nwill render the incarcerated individual unable to successfully complete\nthe shock incarceration program, and the facility in which the\nincarcerated individual will participate in such program.\nNotwithstanding subdivision five of this section, an incarcerated\nindividual sentenced to shock incarceration shall promptly commence\nparticipation in the program when such incarcerated individual is an\neligible incarcerated individual pursuant to subdivision one of section\neight hundred sixty-five of this article.\n 3. Applicants cannot participate in the shock incarceration program\nunless they agree to be bound by all the terms and conditions thereof\nand indicate such agreement by signing the memorandum of the program\nimmediately below a statement reading as follows:\n "I accept the foregoing program and agree to be bound by the terms and\nconditions thereof. I understand that my participation in the program is\na privilege that may be revoked at any time at the sole discretion of\nthe commissioner. I understand that I must successfully complete the\nentire program to obtain a certificate of earned eligibility upon the\ncompletion of said program, and in the event that I do not successfully\ncomplete said program, for any reason, I will be transferred to a\nnonshock incarceration correctional facility to continue service of my\nsentence."\n 4. An incarcerated individual who has successfully completed a shock\nincarceration program shall be eligible to receive such a certificate of\nearned eligibility pursuant to section eight hundred five of this\nchapter. Notwithstanding any other provision of law, an incarcerated\nindividual sentenced to a determinate sentence of imprisonment who has\nsuccessfully completed a shock incarceration program shall be eligible\nto receive such a certificate of earned eligibility and shall be\nimmediately eligible to be conditionally released.\n 5. Participation in the shock incarceration program shall be a\nprivilege. Nothing contained in this article may be construed to confer\nupon any incarcerated individual the right to participate or continue to\nparticipate therein.\n