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This entry was published on 2021-08-13
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SECTION 865
Definitions
Correction (COR) CHAPTER 43, ARTICLE 26-A
§ 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 years or sentenced to a determinate term of
imprisonment who will become eligible for conditional release within
three years, who has not reached the age of fifty 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 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; 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
facility, which shall provide rigorous physical activity, intensive
regimentation 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 years in the case of an indeterminate term of
imprisonment, or then becomes eligible for conditional release within
three years in the case of a determinate term of imprisonment.