N.Y. Comp. Codes R. & Regs. tit. 7 § 1800.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 1800.4 - Eligibility

(a) An inmate sentenced to an indeterminate term of imprisonment may apply for participation in the shock incarceration program if the inmate meets all of the following requirements:

(1) has not reached 40 years of age;

(2) will become eligible for release on parole within three years;

(3) unless already provided, has agreed to provide a DNA sample for forensic analysis;

(4) has not previously been convicted of a felony upon which an indeterminate term of imprisonment was imposed; and

(5) was at least 16 but less than 40 years of age at the time of commission of the crime upon which his or her present sentence was based.

(b) Notwithstanding the foregoing, a person who is convicted of any of the following crimes is not eligible to participate in the shock incarceration program:

(1) a violent felony offense as defined in article 70 of the Penal Law;

(2) an A-1 felony offense;

(3) unless already provided, has agreed to provide a DNA sample for forensic analysis;

(4) manslaughter in the second degree, vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, and criminally negligent homicide as defined in article 125 of the Penal Law;

(5) rape in the second degree, rape in the third degree, sodomy in the second degree, sodomy in the third degree, attempted sexual abuse in the first degree, attempted rape in the second degree and attempted sodomy in the second degree as defined in articles 110 and 130 of the Penal Law; and

(6) any escape or absconding offense as defined in article 205 of the Penal Law.

(c) An inmate who has successfully completed a shock incarceration program shall be eligible to receive a certificate of earned eligibility pursuant to Part 2100 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1800.4