S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4039
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2017
                                ___________
 
 Introduced  by  M.  of A. WEPRIN, 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.
   § 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:
   § 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.
              

                                                            LBD05036-01-7

 A. 4039                             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.
   § 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.
   §  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.
   § 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.