N.Y. Correction Law § 865: Definitions

§ 865. Definitions. As used in this article, the following terms mean:

1. "Eligible incarcerated individual" means a person sentenced to an

indeterminate term of imprisonment who will become eligible for release

on parole within three years or sentenced to a determinate term of

imprisonment who will become eligible for conditional release within

three years, who has not reached the age of fifty years, who has not

previously been convicted of a violent felony as defined in article

seventy of the penal law, or a felony in any other jurisdiction which

includes all of the essential elements of any such violent felony, upon

which an indeterminate or determinate term of imprisonment was imposed

and who was between the ages of sixteen and fifty years at the time of

commission of the crime upon which his or her present sentence was

based. Notwithstanding the foregoing, no person who is convicted of any

of the following crimes shall be deemed eligible to participate in this

program: (a) a violent felony offense as defined in article seventy of

the penal law; provided, however, that a person who is convicted of

burglary in the second degree as defined in subdivision two of section

140.25 of the penal law, or robbery in the second degree as defined in

subdivision one of section 160.10 of the penal law, or an attempt

thereof, is eligible to participate, (b) an A-I felony offense, (c) any

homicide offense as defined in article one hundred twenty-five of the

penal law, (d) any felony sex offense as defined in article one hundred

thirty of the penal law and (e) any escape or absconding offense as

defined in article two hundred five of the penal law.

2. "Shock incarceration program" means a program pursuant to which

eligible incarcerated individuals are selected to participate in the

program and serve a period of six months in a shock incarceration

facility, which shall provide rigorous physical activity, intensive

regimentation and discipline and rehabilitation therapy and programming.

Such incarcerated individuals may be selected either: (i) at a reception

center; or (ii) at a general confinement facility when the otherwise

eligible incarcerated individual then becomes eligible for release on

parole within three years in the case of an indeterminate term of

imprisonment, or then becomes eligible for conditional release within

three years in the case of a determinate term of imprisonment.