S T A T E O F N E W Y O R K
________________________________________________________________________
8265
2021-2022 Regular Sessions
I N A S S E M B L Y
August 25, 2021
___________
Introduced by M. of A. WEPRIN, WALKER, O'DONNELL, STECK -- 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 amended by chapter 322 of the laws of 2021, is amended and a new
subdivision 8 is added to read as follows:
Presumptive release program [for nonviolent incarcerated individuals].
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, subdivisions 1 and 2 as amended by chapter 322 of the laws
of 2021, is amended to read as follows:
§ 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] 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 forego-
ing, no person who is convicted of any of the following crimes shall be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03848-02-1
A. 8265 2
deemed eligible to participate in this program: (a) a violent felony
offense as defined in [article seventy] PARAGRAPH (A) OF SUBDIVISION ONE
OF SECTION 70.02 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 facil-
ity, which shall provide rigorous physical activity, intensive regimen-
tation 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] 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 determinate term of imprisonment.
§ 3. Subdivision 4 of section 867 of the correction law, as amended by
chapter 322 of the laws of 2021, is amended to read as follows:
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 chap-
ter. Notwithstanding any other provision of law, an incarcerated indi-
vidual [sentenced to a determinate] 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.