N.Y. Correction Law § 867: Procedure for selection of participants in shock incarceration program

§ 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.