New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter XI - Shock Incarceration
Part 1800 - Shock Incarceration Program
Section 1800.10 - Removal from shock incarceration program

(a) An inmate's privilege to continue to participate in the shock incarceration program may be revoked at the sole discretion of the commissioner or his designee, the deputy commissioner for facility operations or the director of shock development or upon recommendation of the shock incarceration correctional facility's superintendent's committee. The superintendent's committee shall consist of at least three persons appointed by the superintendent and approved by the deputy commissioner for facility operations.

(b) Procedure before superintendent's committee. Upon receiving a request to review a participant's unsatisfactory or deteriorating adjustment in the shock incarceration program, the chairperson of the superintendent's committee will evaluate the referral and schedule a meeting of the superintendent's committee in accordance with the urgency of the referral. If the inmate has not had a disciplinary violation sustained via a disciplinary hearing pursuant to Part 253 or 254 of this Title, the inmate shall be interviewed by the committee. This interview may be by telephonic means if, for security reasons, the inmate has already been transferred to another correctional facility. The purpose of this interview is to give the inmate the opportunity to discuss his program participation. The chairperson shall give the inmate a written statement of the reasons for his referral to the superintendent's committee and a written record shall be made of the inmate being served with this notice.

(c) Post-disciplinary hearing cases. The disciplinary hearing officer at either a Tier II or Tier III hearing may, as a disposition, refer an inmate's case to the superintendent's committee for review. In such cases, the superintendent's committee shall make a recommendation to the superintendent concerning whether the inmate will be removed from the program after review of the disciplinary hearing and any other materials the committee deems appropriate to review. The chairperson shall forward to the superintendent a written statement of such recommendation.

(d) Voluntary removal. At any time an inmate may request in writing to be removed from the shock incarceration program. Such request will be processed as a transfer request. The requesting inmate will be transferred to a general confinement correctional facility to continue the court-imposed sentence.

(e) Any inmate who is eligible for the shock incarceration program who chooses not to participate in it, or who is removed from the program will be considered ineligible for participation in the temporary release program, unless the reason for the removal was due to an intervening circumstance beyond the control of the inmate.