S T A T E O F N E W Y O R K
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2544
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
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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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04810-01-5
A. 2544 2
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
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.