Corrections Law
§ 867. Procedure for selection of participants in shock incarceration
program. 1. An eligible incarcerated individual may make an application
to the shock incarceration screening committee for permission to
participate in the shock incarceration program.
2. If the shock incarceration screening committee determines that an
incarcerated individual's participation in the shock incarceration
program is consistent with the safety of the community, the welfare of
the applicant and the rules and regulations of the department, the
committee shall forward the application to the commissioner or his
designee for approval or disapproval.
2-a. Subdivisions one and two of this section shall apply to a
judicially sentenced shock incarceration incarcerated individual only to
the extent that the screening committee may determine whether the
incarcerated individual has a medical or mental health condition that
will render the incarcerated individual unable to successfully complete
the shock incarceration program, and the facility in which the
incarcerated individual will participate in such program.
Notwithstanding subdivision five of this section, an incarcerated
individual sentenced to shock incarceration shall promptly commence
participation in the program when such incarcerated individual is an
eligible incarcerated individual pursuant to subdivision one of section
eight hundred sixty-five of this article.
3. Applicants cannot participate in the shock incarceration program
unless they agree to be bound by all the terms and conditions thereof
and indicate such agreement by signing the memorandum of the program
immediately below a statement reading as follows:
"I accept the foregoing program and agree to be bound by the terms and
conditions thereof. I understand that my participation in the program is
a privilege that may be revoked at any time at the sole discretion of
the commissioner. I understand that I must successfully complete the
entire program to obtain a certificate of earned eligibility upon the
completion of said program, and in the event that I do not successfully
complete said program, for any reason, I will be transferred to a
nonshock incarceration correctional facility to continue service of my
sentence."
4. An incarcerated individual who has successfully completed a shock
incarceration program shall be eligible to receive such a certificate of
earned eligibility pursuant to section eight hundred five of this
chapter. Notwithstanding any other provision of law, an incarcerated
individual sentenced to a determinate sentence of imprisonment who has
successfully completed a shock incarceration program shall be eligible
to receive such a certificate of earned eligibility and shall be
immediately eligible to be conditionally released.
5. Participation in the shock incarceration program shall be a
privilege. Nothing contained in this article may be construed to confer
upon any incarcerated individual the right to participate or continue to
participate therein.
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