Assembly Bill A9357

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9357

                          I N  A S S E M B L Y

                             April 21, 2014
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Correction

AN ACT to amend the correction law and the penal  law,  in  relation  to
  eligibility for shock incarceration

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading of section 806 of the  correction  law,
as  added  by  section 5 of part E of chapter 62 of the laws of 2003, is
amended and a new subdivision 8 is added to read as follows:
  Presumptive release program [for nonviolent inmates].
  8. NOTWITHSTANDING ANY OTHER SUBDIVISION OF THIS SECTION AN INMATE WHO
SUCCESSFULLY COMPLETES A SHOCK INCARCERATION PROGRAM SHALL  BE  ELIGIBLE
FOR PRESUMPTIVE RELEASE PURSUANT TO SECTION EIGHT HUNDRED SIXTY-SEVEN OF
THIS CHAPTER OR SECTION 70.40 OF THE PENAL LAW.
  S 2. Section 865 of the correction law, as added by chapter 261 of the
laws  of  1987,  subdivision  1 as amended by chapter 377 of the laws of
2010 and subdivision 2 as amended by section 2 of part L of  chapter  56
of the laws of 2009, is amended to read as follows:
  S 865. Definitions. As used in this article, the following terms mean:
  1. "Eligible inmate" means a person sentenced to an indeterminate term
of  imprisonment  who  will become eligible for release on parole within
[three] FIVE years or sentenced to a determinate  term  of  imprisonment
who  will  become  eligible  for conditional release within [three] FIVE
years, who has not reached the age of [fifty] FIFTY-SIX 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] FIFTY-FIVE 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,] VIOLENT FELONY OFFENSE AS DEFINED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14696-02-4

A. 9357                             2

PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW,  (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 inmates 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  disci-
pline  and  rehabilitation  therapy and programming. Such inmates may be
selected either: (i) at  a  reception  center;  or  (ii)  at  a  general
confinement  facility  when  the  otherwise eligible inmate then becomes
eligible for release on parole within [three] FIVE years in the case  of
an  indeterminate  term  of  imprisonment,  or then becomes eligible for
conditional release within [three] FIVE years in the case of a  determi-
nate term of imprisonment.
  S 3. Subdivision 4 of section 867 of the correction law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:
  4.  An  inmate  who  has  successfully completed a shock incarceration
program shall be eligible to receive such a certificate of earned eligi-
bility pursuant to section eight hundred five of this chapter.  Notwith-
standing any other provision of law, an inmate [sentenced to a  determi-
nate]  SERVING A 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, PAROLED OR PRESUMPTIVELY RELEASED PURSUANT TO
SECTION 70.40 OF THE PENAL LAW.
  S 4. Subparagraph (v) of paragraph (a) of  subdivision  1  of  section
70.40 of the penal law, as amended by section 127-c of subpart B of part
C of chapter 62 of the laws of 2011, is amended to read as follows:
  (v) Notwithstanding any other subparagraph of this paragraph, a person
may  be  paroled  from the institution in which he or she is confined at
any time on medical parole pursuant to section two hundred  fifty-nine-r
or section two hundred fifty-nine-s of the executive law or for deporta-
tion pursuant to paragraph (d) of subdivision two of section two hundred
fifty-nine-i  of  the executive law or PAROLED OR PRESUMPTIVELY RELEASED
after the successful completion of a shock incarceration program  pursu-
ant to article twenty-six-A of the correction law.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to section 806
of the correction law made by section one of this act shall  not  affect
the  repeal  of such section and shall be deemed repealed therewith; and
further provided, that the amendments to subparagraph (v)  of  paragraph
(a)  of  subdivision 1 of section 70.40 of the penal law made by section
four of this act shall not affect the expiration of such  paragraph  and
shall be deemed to expire therewith.