What's happening
This bill expands eligibility for shock incarceration programs and allows successful participants presumptive or early release from prison.
Why it matters
Expands eligibility for shock incarceration programs. by raising the maximum age for participation from 50 to 55 at the time of offense, and from 50 to 56 at the time of program entry, making the program accessible to older inmates.
Broadens the pool of eligible inmates. by increasing the time window before parole or conditional release from three years to five years, meaning more prisoners—both those with indeterminate and determinate sentences—can qualify.
Narrows automatic exclusions for violent offenses. so that only those convicted of violent felonies defined in a specific section of the penal law (paragraph (a) of subdivision one of section 70.02) are excluded, rather than all violent felonies, potentially allowing some individuals previously barred from participation.
Creates a clearer, accelerated path to release. for those who complete shock incarceration, making them immediately eligible for parole, conditional, or presumptive release, which could reduce prison populations and incentivize rehabilitation.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Incarcerated people nearing release
The bill would expand shock incarceration eligibility from those within three years of parole or conditional release eligibility to those within five years.
Incarcerated people ages 50 through 55
The bill would raise the program’s age ceiling to under 56, while requiring participants to have been ages 16 through 55 when they committed their current offense.
People convicted of certain violent felonies
The bill would narrow the current-offense violent felony exclusion to offenses listed in Penal Law section 70.02(1)(a), while retaining other specified exclusions and the prior violent felony restriction.
State correctional and parole officials
The bill would make successful shock program graduates immediately eligible for conditional release, parole or presumptive release, including those serving indeterminate sentences.
Headline styles
Expand Shock Incarceration Eligibility
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Reported referred to codes
- Referred to correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Shock Incarceration Eligibility
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3961
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. WEPRIN, 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 Assembly, do enact as follows:
Section 1. The section heading of section 806 of the correction law, as added by section 5 of part E of chapter 62 of the laws of 2003, is amended and a new subdivision 8 is added to read as follows:
Presumptive release program [for nonviolent inmates].
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, subdivision 1 as amended by chapter 377 of the laws of 2010 and subdivision 2 as amended by section 2 of part L of chapter 56 of the laws of 2009, is amended to read as follows:
§ 865. Definitions. As used in this article, the following terms mean:
1. "Eligible inmate" 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 foregoing, no person who is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07234-01-9
A. 3961 2
convicted of any of the following crimes shall be deemed eligible to participate in this program: (a) a [violent felony offense as defined in article seventy of the penal law,] violent felony offense as defined in paragraph (a) of subdivision one of section 70.02 of the penal law, (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 inmates are selected to participate in the program and serve a period of six months in a shock incarceration facility, which shall provide rigorous physical activity, intensive regimentation and discipline and rehabilitation therapy and programming. Such inmates may be selected either: (i) at a reception center; or (ii) at a general confinement facility when the otherwise eligible inmate 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 738 of the laws of 2004, is amended to read as follows:
4. An inmate 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 chapter. Notwithstanding any other provision of law, an inmate [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 deportation 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 pursuant 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.