2023 New York Laws › COR - Correction › Article 26-A - Shock Incarceration Program for State Correctional Incarcerated Individuals › 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.