New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter XI - Shock Incarceration
Part 1800 - Shock Incarceration Program
Section 1800.4 - Eligibility
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 1800.4
Current through Register Vol. 45, No. 52, December 27, 2023
(a) An inmate sentenced to an indeterminate term of imprisonment may apply for participation in the shock incarceration program if the inmate meets all of the following requirements:
(1) has not reached 40 years of
age;
(2) will become eligible for
release on parole within three years;
(3) unless already provided, has agreed to
provide a DNA sample for forensic analysis;
(4) has not previously been convicted of a
felony upon which an indeterminate term of imprisonment was imposed;
and
(5) was at least 16 but less
than 40 years of age at the time of commission of the crime upon which his or
her present sentence was based.
(b) Notwithstanding the foregoing, a person who is convicted of any of the following crimes is not eligible to participate in the shock incarceration program:
(1) a
violent felony offense as defined in article 70 of the Penal Law;
(2) an A-1 felony offense;
(3) unless already provided, has agreed to
provide a DNA sample for forensic analysis;
(4) manslaughter in the second degree,
vehicular manslaughter in the second degree, vehicular manslaughter in the
first degree, and criminally negligent homicide as defined in article 125 of
the Penal Law;
(5) rape in the
second degree, rape in the third degree, sodomy in the second degree, sodomy in
the third degree, attempted sexual abuse in the first degree, attempted rape in
the second degree and attempted sodomy in the second degree as defined in
articles 110 and 130 of the Penal Law; and
(6) any escape or absconding offense as
defined in article 205 of the Penal Law.
(c) An inmate who has successfully completed a shock incarceration program shall be eligible to receive a certificate of earned eligibility pursuant to Part 2100 of this Title.
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