NY Corr L § 867 (2021)
2021 New York Laws COR - Correction Article 26-A - Shock Incarceration Program for State Correctional Inmates 867 - Procedure for Selection of Participants in Shock Incarceration Program.

§  867. Procedure for selection of participants in shock incarceration   program. 1. An eligible incarcerated individual may make an  application   to  the  shock  incarceration  screening  committee  for  permission  to   participate in the shock incarceration program.2. If the shock incarceration screening committee determines  that  an   incarcerated  individual's  participation  in  the  shock  incarceration   program is consistent with the safety of the community, the  welfare  of   the  applicant  and  the  rules  and  regulations of the department, the   committee shall forward the  application  to  the  commissioner  or  his   designee for approval or disapproval.2-a.  Subdivisions  one  and  two  of  this  section  shall apply to a   judicially sentenced shock incarceration incarcerated individual only to   the extent that  the  screening  committee  may  determine  whether  the   incarcerated  individual  has  a medical or mental health condition that   will render the incarcerated individual unable to successfully  complete   the   shock  incarceration  program,  and  the  facility  in  which  the   incarcerated   individual   will   participate    in    such    program.   Notwithstanding  subdivision  five  of  this  section,  an  incarcerated   individual sentenced to  shock  incarceration  shall  promptly  commence   participation  in  the  program  when such incarcerated individual is an   eligible incarcerated individual pursuant to subdivision one of  section   eight hundred sixty-five of this article.3.  Applicants  cannot  participate in the shock incarceration program   unless they agree to be bound by all the terms  and  conditions  thereof   and  indicate  such  agreement  by signing the memorandum of the program   immediately below a statement reading as follows:"I accept the foregoing program and agree to be bound by the terms and   conditions thereof. I understand that my participation in the program is   a privilege that may be revoked at any time at the  sole  discretion  of   the  commissioner.  I  understand  that I must successfully complete the   entire program to obtain a certificate of earned  eligibility  upon  the   completion  of said program, and in the event that I do not successfully   complete said program, for any  reason,  I  will  be  transferred  to  a   nonshock  incarceration  correctional facility to continue service of my   sentence."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   chapter. Notwithstanding any other provision  of  law,  an  incarcerated   individual  sentenced  to a determinate 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.5. Participation  in  the  shock  incarceration  program  shall  be  a   privilege.  Nothing contained in this article may be construed to confer   upon any incarcerated individual the right to participate or continue to   participate therein.