N.Y. Correct. Law § 867

§ 867. Procedure for selection of participants in shock incarceration\nprogram. 1. An eligible inmate may make an application to the shock\nincarceration screening committee for permission to participate in the\nshock incarceration program.\n 2. If the shock incarceration screening committee determines that an\ninmate's participation in the shock incarceration program is consistent\nwith the safety of the community, the welfare of the applicant and the\nrules and regulations of the department, the committee shall forward the\napplication to the commissioner or his designee for approval or\ndisapproval.\n 2-a. Subdivisions one and two of this section shall apply to a\njudicially sentenced shock incarceration inmate only to the extent that\nthe screening committee may determine whether the inmate has a medical\nor mental health condition that will render the inmate unable to\nsuccessfully complete the shock incarceration program, and the facility\nin which the inmate will participate in such program. Notwithstanding\nsubdivision five of this section, an inmate sentenced to shock\nincarceration shall promptly commence participation in the program when\nsuch inmate is an eligible inmate pursuant to subdivision one of section\neight hundred sixty-five of this article.\n 3. Applicants cannot participate in the shock incarceration program\nunless they agree to be bound by all the terms and conditions thereof\nand indicate such agreement by signing the memorandum of the program\nimmediately below a statement reading as follows:\n "I accept the foregoing program and agree to be bound by the terms and\nconditions thereof. I understand that my participation in the program is\na privilege that may be revoked at any time at the sole discretion of\nthe commissioner. I understand that I must successfully complete the\nentire program to obtain a certificate of earned eligibility upon the\ncompletion of said program, and in the event that I do not successfully\ncomplete said program, for any reason, I will be transferred to a\nnonshock incarceration correctional facility to continue service of my\nsentence."\n 4. An inmate who has successfully completed a shock incarceration\nprogram shall be eligible to receive such a certificate of earned\neligibility pursuant to section eight hundred five of this chapter.\nNotwithstanding any other provision of law, an inmate sentenced to a\ndeterminate sentence of imprisonment who has successfully completed a\nshock incarceration program shall be eligible to receive such a\ncertificate of earned eligibility and shall be immediately eligible to\nbe conditionally released.\n 5. Participation in the shock incarceration program shall be a\nprivilege. Nothing contained in this article may be construed to confer\nupon any inmate the right to participate or continue to participate\ntherein.\n