S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8265
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN, WALKER, O'DONNELL, STECK -- read once and
   referred to the Committee on Correction
 
 AN  ACT  to  amend  the correction law and the penal law, in relation to
   eligibility for shock incarceration
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The section heading of section 806 of the correction law,
 as amended by chapter 322  of the laws of 2021, is  amended  and  a  new
 subdivision 8 is added to read as follows:
   Presumptive release program [for nonviolent incarcerated individuals].
   8. NOTWITHSTANDING ANY OTHER SUBDIVISION OF THIS SECTION AN INMATE WHO
 SUCCESSFULLY  COMPLETES  A SHOCK INCARCERATION PROGRAM SHALL BE ELIGIBLE
 FOR PRESUMPTIVE RELEASE PURSUANT TO SECTION EIGHT HUNDRED SIXTY-SEVEN OF
 THIS CHAPTER OR SECTION 70.40 OF THE PENAL LAW.
   § 2. Section 865 of the correction law, as added by chapter 261 of the
 laws of 1987, subdivisions 1 and 2 as amended by chapter 322 of the laws
 of 2021, is amended to read as follows:
   § 865. Definitions. As used in this article, the following terms mean:
   1. "Eligible incarcerated individual" means a person sentenced  to  an
 indeterminate  term of imprisonment who will become eligible for release
 on parole within [three] FIVE years or sentenced to a  determinate  term
 of  imprisonment who will become eligible for conditional release within
 [three] FIVE years, who has not reached the  age  of  [fifty]  FIFTY-SIX
 years,  who  has  not  previously  been convicted of a violent felony as
 defined in article seventy of the penal law, or a felony  in  any  other
 jurisdiction  which  includes  all of the essential elements of any such
 violent felony, upon which  an  indeterminate  or  determinate  term  of
 imprisonment  was  imposed  and  who was between the ages of sixteen and
 [fifty] FIFTY-FIVE years at the time of commission  of  the  crime  upon
 which his or her present sentence was based. Notwithstanding the forego-
 ing,  no person who is convicted of any of the following crimes shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03848-02-1

 A. 8265                             2
 
 deemed eligible to participate in this program:  (a)  a  violent  felony
 offense as defined in [article seventy] PARAGRAPH (A) OF SUBDIVISION ONE
 OF  SECTION 70.02 of the penal law; provided, however, that a person who
 is  convicted of burglary in the second degree as defined in subdivision
 two of section 140.25 of the penal law, or robbery in the second  degree
 as  defined in subdivision one of section 160.10 of the penal law, or an
 attempt thereof, is eligible to participate, (b) an A-I felony  offense,
 (c)  any  homicide offense as defined in article one hundred twenty-five
 of the penal law, (d) any felony sex offense as defined in  article  one
 hundred thirty of the penal law and (e) any escape or absconding offense
 as defined in article two hundred five of the penal law.
   2.  "Shock  incarceration  program"  means a program pursuant to which
 eligible incarcerated individuals are selected  to  participate  in  the
 program and serve a period of six months in a shock incarceration facil-
 ity,  which shall provide rigorous physical activity, intensive regimen-
 tation and discipline and rehabilitation therapy and programming.   Such
 incarcerated  individuals  may  be  selected  either: (i) at a reception
 center; or (ii) at a general confinement  facility  when  the  otherwise
 eligible  incarcerated  individual  then becomes eligible for release on
 parole within [three] FIVE years in the case of an indeterminate term of
 imprisonment, or then becomes eligible for  conditional  release  within
 [three] FIVE years in the case of a determinate term of imprisonment.
   § 3. Subdivision 4 of section 867 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended to read as follows:
   4.  An  incarcerated individual who has successfully completed a shock
 incarceration program shall be eligible to receive such a certificate of
 earned eligibility pursuant to section eight hundred five of this  chap-
 ter.  Notwithstanding  any other provision of law, an incarcerated indi-
 vidual [sentenced to a determinate] SERVING A sentence  of  imprisonment
 who  has  successfully  completed a shock incarceration program shall be
 eligible to receive such a certificate of earned eligibility  and  shall
 be  immediately  eligible  to  be  conditionally  released,  PAROLED  OR
 PRESUMPTIVELY RELEASED PURSUANT TO SECTION 70.40 OF THE PENAL LAW.
   § 4. Subparagraph (v) of paragraph (a) of  subdivision  1  of  section
 70.40 of the penal law, as amended by section 127-c of subpart B of part
 C of chapter 62 of the laws of 2011, is amended to read as follows:
   (v) Notwithstanding any other subparagraph of this paragraph, a person
 may  be  paroled  from the institution in which he or she is confined at
 any time on medical parole pursuant to section two hundred  fifty-nine-r
 or section two hundred fifty-nine-s of the executive law or for deporta-
 tion pursuant to paragraph (d) of subdivision two of section two hundred
 fifty-nine-i  of  the executive law or PAROLED OR PRESUMPTIVELY RELEASED
 after the successful completion of a shock incarceration program  pursu-
 ant to article twenty-six-A of the correction law.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to section 806
 of the correction law made by section one of this act shall  not  affect
 the  repeal  of such section and shall be deemed repealed therewith; and
 further provided, that the amendments to subparagraph (v)  of  paragraph
 (a)  of  subdivision 1 of section 70.40 of the penal law made by section
 four of this act shall not affect the expiration of such  paragraph  and
 shall be deemed to expire therewith.