N.Y. Correct. Law § 865
Definitions
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2022
As of January 1, 2015
§ 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
§ 865. Definitions. As used in this article, the following terms mean:\n 1. "Eligible incarcerated individual" means a person sentenced to an\nindeterminate term of imprisonment who will become eligible for release\non parole within three years or sentenced to a determinate term of\nimprisonment who will become eligible for conditional release within\nthree years, who has not reached the age of fifty years, who has not\npreviously been convicted of a violent felony as defined in article\nseventy of the penal law, or a felony in any other jurisdiction which\nincludes all of the essential elements of any such violent felony, upon\nwhich an indeterminate or determinate term of imprisonment was imposed\nand who was between the ages of sixteen and fifty years at the time of\ncommission of the crime upon which his or her present sentence was\nbased. Notwithstanding the foregoing, no person who is convicted of any\nof the following crimes shall be deemed eligible to participate in this\nprogram: (a) a violent felony offense as defined in article seventy of\nthe penal law; provided, however, that a person who is convicted of\nburglary in the second degree as defined in subdivision two of section\n140.25 of the penal law, or robbery in the second degree as defined in\nsubdivision one of section 160.10 of the penal law, or an attempt\nthereof, is eligible to participate, (b) an A-I felony offense, (c) any\nhomicide offense as defined in article one hundred twenty-five of the\npenal law, (d) any felony sex offense as defined in article one hundred\nthirty of the penal law and (e) any escape or absconding offense as\ndefined in article two hundred five of the penal law.\n 2. "Shock incarceration program" means a program pursuant to which\neligible incarcerated individuals are selected to participate in the\nprogram and serve a period of six months in a shock incarceration\nfacility, which shall provide rigorous physical activity, intensive\nregimentation and discipline and rehabilitation therapy and programming.\nSuch incarcerated individuals may be selected either: (i) at a reception\ncenter; or (ii) at a general confinement facility when the otherwise\neligible incarcerated individual then becomes eligible for release on\nparole within three years in the case of an indeterminate term of\nimprisonment, or then becomes eligible for conditional release within\nthree years in the case of a determinate term of imprisonment.\n
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.