What's happening
This bill expands eligibility for New York's shock incarceration program and allows successful participants earlier release options, including presumptive release and parole.
Why it matters
Expands program eligibility. by increasing the window for inmates to qualify for shock incarceration from those within 3 years of parole/conditional release, to those within 5 years—allowing more individuals to participate and potentially benefit from early release.
Raises the maximum eligible age. for participation from 50 to 56, and expands the eligible age at the time of offense from 50 to 55, broadening access to older inmates who might benefit from the program’s structure and rehabilitation focus.
Narrows certain exclusions but clarifies violent felony disqualifications. by specifying that only those convicted of violent felonies under a particular section (paragraph (a) of subdivision one of section 70.02 of the penal law) are excluded, potentially allowing some inmates previously barred from participation a chance at eligibility.
Increases incentives for successful completion. by making shock graduates immediately eligible for earned eligibility certificates and earlier release opportunities (parole or presumptive release), which could reduce prison populations, incentivize rehabilitation, and speed up reintegration into the community.
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Who cares
Incarcerated people nearing release
The bill would expand shock incarceration eligibility from those within three years of parole or conditional release to those within five years, subject to other eligibility rules.
Older incarcerated people
The bill would raise the eligibility age limit from under 50 to under 56 and the maximum age at the time of the crime from 50 to 55.
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 exclusions and the restriction on prior violent felony convictions.
Correctional and parole officials
The bill would make successful shock program graduates immediately eligible for conditional release, parole or presumptive release, expanding the release options specified in law.
Headline styles
Expand Shock Incarceration Eligibility
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and 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 Assembly Committee · Codes · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2663
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07234-01-9
S. 2663 2
sentence was based. Notwithstanding the foregoing, no person who is 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.
Sponsor's memo
Title of bill
An act to amend the correction law and the penal law, in relation to eligibility for shock incarceration
Purpose
This bill expands shock incarceration eligibility.
Summary of provisions
Section 1. Amends correction law 806 to grant presumptive release eligi- bility to all shock graduates.
Section 2. Amends section 865 of the correction law to expand shock eligibility to people convicted of E, D, C and non-violent B crimes, who are under fifty-six years of age and within five years of parole eligi- bility or conditional release.
Section 3 modifies section 867 of the correction law to create consist- ency so that inmates serving either indeterminate or determinate sentences may each be eligible for presumptive release after successful- ly completing shock incarceration.
Section 4 amends section 70.40 of the penal law to clarify that inmates with indeterminate sentences are eligible for parole or presumptive release after successful completion of a shock incarceration program.
Justification
Shock incarceration has been a successful program in New York for over twenty-five years. Shock incarceration is a six-month program involving hard labor, physical training, and academic and other programming in a boot-camp like environment. Monterey Shock was the first shock incarcer- ation facility in New York and has boasted a lower than average recidiv- ism rate, saving the State money and providing an effective alternative to prolonged prison incarceration.
In spite of its success, the Monterey Shock incarceration facility is being closed. One of the reasons cited by the Governor for closing Monterey is that there are not enough shock-eligible inmates to fill the facility since the prison census is down nearly 24% since 1999. With the reform of the Rockefeller Drug Laws, there are fewer shock-eligible inmates in the system because most low-level drug offenders are now being diverted from prison and sent to alternative programs. Rather than closing a shock facility, it is time to expand eligibility to permit a greater number of inmates to benefit from shock incarceration. Shock inmates recidivate at a lower rate, have better educational advancement, and are more successful at finding jobs and remaining drug free than other inmates who go through long periods of incarceration. This bill would allow more inmates, carefully screened by DOCCS, to have the opportunity to turn their lives around while increasing public safety and ensuring that the remaining shock incarceration facilities stay open or even that the Governor reconsider closing Monterey.
Legislative history
In Assembly:
Referred to correction 2018.
Referred to correction in 2016, reported and advanced to third reading.
Referred to correction and reported to codes in 2015.
Referred to correction in 2014.
Fiscal implications
Will save the State money by diverting more inmates from long periods of incarceration.
Local fiscal implications
None.
Effective date
Ninety days after the bill becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.