§ 865. Definitions. As used in this article, the following terms mean:\n 1. "Eligible inmate" means a person sentenced to an indeterminate term\nof imprisonment who will become eligible for release on parole within\nthree years or sentenced to a determinate term of imprisonment who will\nbecome eligible for conditional release within three years, who has not\nreached the age of fifty years, who has not previously been convicted of\na violent felony as defined in article seventy of the penal law, or a\nfelony in any other jurisdiction which includes all of the essential\nelements of any such violent felony, upon which an indeterminate or\ndeterminate term of imprisonment was imposed and who was between the\nages of sixteen and fifty years at the time of commission of the crime\nupon which his or her present sentence was based. Notwithstanding the\nforegoing, no person who is convicted of any of the following crimes\nshall be deemed eligible to participate in this program: (a) a violent\nfelony offense as defined in article seventy of the penal law, (b) an\nA-I felony offense, (c) any homicide offense as defined in article one\nhundred twenty-five of the penal law, (d) any felony sex offense as\ndefined in article one hundred thirty of the penal law and (e) any\nescape or absconding offense as defined in article two hundred five of\nthe penal law.\n 2. "Shock incarceration program" means a program pursuant to which\neligible inmates are selected to participate in the program and serve a\nperiod of six months in a shock incarceration facility, which shall\nprovide rigorous physical activity, intensive regimentation and\ndiscipline and rehabilitation therapy and programming. Such inmates may\nbe selected either: (i) at a reception center; or (ii) at a general\nconfinement facility when the otherwise eligible inmate then becomes\neligible for release on parole within three years in the case of an\nindeterminate term of imprisonment, or then becomes eligible for\nconditional release within three years in the case of a determinate term\nof imprisonment.\n
N.Y. Correct. Law § 865
Definitions
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2020). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.