NY Shock Incarceration allows individuals who will become eligible for release on parole or a conditional release within three years to participate in a rigorous six month program and qualify for release at the successful completion of the program.
Who is able to participate in NY Shock Incarceration?
Section 867 of the New York Corrections Law lists Shock Incarceration criteria for eligibility. Specifically, the following are required:
- Eligibility for Parole or Conditional Release within three years;
- Less than 50 years of age;
- No previous convictions for a violent felony in the state of New York or elsewhere;
- Was between ages 16 and 50 at the time the crime was committed.
Certain Convictions Are Excluded from NY Shock Incarceration
However, the statute specifically excludes certain convictions from participation in NY Shock Incarceration Program. Excluded crimes are:
1. Violent Felony Offenses
Individuals convicted of Violent Felony Offenses as that term is defined in New York Criminal Procedure Law Section 70.02 are not eligible to participate in Shock Incarceration. However, participation is allowed for individuals convicted of Burglary in the Second Degree (PL 140.25(2)), Robbery in the Second Degree (PL 160.10(1)) or the attempts to commit these crimes.
2. A-I Felony Offense
Those convicted of any A-I Felony Offenses are not eligible to participate in Shock Incarceration. These are A-I felony offenses that are not eligible for NY Shock Incarceration.
| A-I Felony Offense | New York Penal Law Section |
|---|---|
| Aggravated Enterprise Corruption | PL 460.22 |
| Aggravated Murder | PL 125.26 |
| Arson in the First Degree | PL 150.20 |
| Conspiracy in the First Degree | PL 105.17 |
| Crime of Terrorism | PL 490.25 |
| Criminal Possession of a Chemical or Biological Weapon in the First Degree | PL 490.45 |
| Criminal Possession of a Controlled Substance in the First Degree | PL 220.21 |
| Criminal Use of a Chemical or Biological Weapon in the First Degree | PL 490.55 |
| Criminal Sale of a Controlled Substance in the First Degree | PL 220.43 |
| Kidnapping in the First Degree | PL 135.25 |
| Murder in the First Degree | PL 125.27 |
| Murder in the Second Degree | PL 125.25 |
| Operating as a Major Trafficker | PL 220.77 |
3. Homicide Offenses
Individuals convicted of homicide offenses as defined in Article 125 of New York Penal Law are ineligible to participate in NY Shock Incarceration. Specifically, these crimes are:
| Homicide Offenses From PL Article 125 | New York Penal Law Section | Degree of Crime |
| Criminally Negligent Homicide | PL 125.10 | E FELONY |
| Aggravated Criminally Negligent Homicide | PL 125.11 | C FELONY |
| Vehicular Manslaughter in the Second Degree | PL 125.12 | D FELONY |
| Vehicular Manslaughter in the First Degree | PL 125.13 | C FELONY |
| Aggravated Vehicular Homicide | PL 125.14 | B FELONY |
| Manslaughter in the Second Degree | PL 125.15 | C FELONY |
| Manslaughter in the First Degree | PL 125.20 | B FELONY |
| Aggravated Manslaughter in the Second Degree | PL 125.21 | C FELONY |
| Aggravated Manslaughter in the First Degree | PL 125.22 | B FELONY |
| Murder in the Second Degree | PL 125.25 | A-I FELONY |
| Aggravated Murder | PL 125.26 | A-I FELONY |
| Murder in the First Degree | PL 125.27 | A-I FELONY |
| Abortion in the Second Degree | PL 125.40 | E FELONY |
| Abortion in the First Degree | PL 125.45 | D FELONY |
| Self-abortion in the Second Degree | PL 125.50 | B MISDEMEANOR |
| Self-abortion in the First Degree | PL 125.55 | A MISDEEANOR |
| Issuing Abortional Articles | PL 125.60 | B MISDEMEANOR |
4. Felony Sex Offense
Individuals convicted of felony sex offenses enumerated in Article 130 are not eligible to participate in NY Shock Incarceration. Specifically, Article 130 felony sex offenses are:
| Felony Sex Offenses from Article 130 | New York Penal Law Section | Degree of Crime |
| Rape in the Third Degree | PL 130.25 | E FELONY |
| Rape in the Second Degree | PL 130.30 | D FELONY |
| Rape in the First Degree | PL 130.35 | B FELONY |
| Criminal Sexual Act in the Third Degree | PL 130.40 | E FELONY |
| Criminal Sexual Act in the Second Degree | PL 130.45 | D FELONY |
| Criminal Sexual Act in the First Degree | PL 130.50 | B FELONY |
| Persistent Sexual Abuse | PL 130.53 | E FELONY |
| Sexual Abuse in the First Degree | PL 130.65 | D FELONY |
| Aggravated Sexual Abuse in the Fourth Degree | PL 130.65a | E FELONY |
| Aggravated Sexual Abuse in the Third Degree | PL 130.66 | D FELONY |
| Aggravated Sexual Abuse in the Second Degree | PL 130.67 | C FELONY |
| Aggravated Sexual Abuse in the First Degree | PL 130.70 | B FELONY |
| Course of Sexual Conduct Against a Child in the First Degree | PL 130.75 | B FELONY |
| Course of Sexual Conduct Against a Child in the Second Degree | PL 130.80 | D FELONY |
| Female Genital Mutilation | PL 130.85 | E FELONY |
| Facilitating a Sex Offense with a Controlled Substance | PL 130.90 | D FELONY |
| Predatory Sexual Assault | PL 130.95 | A-II FELONY |
| Predatory Sexual Assault Against a Child | PL 130.96 | A-II FELONY |
5. Escape or Absconding Offense
Additionally, individuals convicted of any escape or absconding offenses from Article 205 of the New York Penal Law are ineligible to participate in NY Shock Incarceration. Specifically, the escape and absconding offenses from Article 205 are:
| New York Escape and Absconding Charges | NY Penal Law | Degree |
| Escape in the Third Degree | PL 205.05 | A MISDEMEANOR |
| Escape in the Second Degree | PL 205.10 | E FELONY |
| Escape in the First Degree | PL 205.15 | D FELONY |
| Absconding from Temporary Release in the Second Degree | PL 205.16 | A MISDEMEANOR |
| Absconding from Temporary Release in The First Degree | PL 205.17 | E FELONY |
| Absconding From a Furlough Program | PL 205.18 | A MISDEMEANOR |
| Absconding from a Community Treatment Facility | PL 205.19 | E FELONY |
Where is NY Shock Incarceration Offered?
Not every prison facility offers NY Shock Incarceration. Rather, there are specifically designated Shock Incarceration facilities in New York They are:
- Lakeview Shock Incarceration Correctional Facility and
- Moriah Shock Incarceration Correctional Facility
How Does One Apply for NY Shock Incarceration?
Court Ordered Shock Incarceration
The sentencing court can order Shock Incarceration. However, frequently as part of the plea bargain the prosecutor insists on a waiver of NY Shock Incarceration. Meaning that even though someone is eligible for Shock Incarceration, in order accept the plea offer, they have to waive their eligibility.
Although the Court is able to sentence someone to Shock Incarceration, the screening committee still has to assess the individual’s medical and mental health conditions to determine if they are able to participate in and complete the program.
Facility Ordered Shock Incarceration
Eligible inmates who were not court-ordered to participate in Shock Incarceration can make an application to the Shock Incarceration screening committee for permission to participate in the program. If the screening committee determines that the individual’s participation in the Shock Incarceration Program is consistent with the safety of the community and the well-being of the applicant, then they will forward the application to the Department of Corrections Commissioner for approval.
Participation in Shock Incarceration Program
Prior to the commencement of the Shock Incarceration Program, individuals must sign agree to abide by all the terms and conditions of the program. The agreement states
"I accept the foregoing program and agree to be bound by the terms and conditions thereof. I understand that my participation in the program is a privilege that may be revoked at any time at the sole discretion of the commissioner. I understand that I must successfully complete the entire program to obtain a certificate of earned eligibility upon the completion of said program, and in the event that I do not successfully complete said program, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence."
Shock incarceration program involves rigorous programming involving physical exercise, substance abuse counseling, GED classes and vocational programming. Each day, the programming starts at 5:30 – 6 AM and finishes at about 9 – 9:30 PM.
Certificate of Earned Eligibility and Conditional Release
Upon the successful completion of the NY Shock Incarceration Program, pursuant to Section 805 an individual will receive what’s known as a Certificate of Earned Eligibility, and will be conditionally released.
However, as participation in the program is a privilege and not a right, any behavioral violations may terminate the individual’s participation in the program, as well as an opportunity for a conditional release.
Ineligibility for Conditional Release at the Completion of NY Shock Incarceration
At the completion of Shock Incarceration programming, an inmate qualifies for a conditional release. The incarceration term would therefore terminate. However, incarcerated individuals are not eligible for presumptive release due to:
- Out-of-state or federal felony warrant;
- Felony arrest warrant that is not barred by the statute of limitations;
- Violation of probation warrant where the sentence of probation was imposed for a felony;
- Another definite sentence that will have to be served in NY State local custody;
- An out-of-state or federal commitment;
- Another open felony charge in New York State.
An open felony arrest warrant does not automatically bar someone’s conditional release, but the committee will have to inquire about the status of the case. If the case is still open and with the statute of limitations, then the release will be granted. In case there is no response received within 30 days from the investigating agency or if the case is past the statute of limitations, then a conditional release will be granted.
Contact Us Today
Eligibility for the Shock Incarceration Program can make the difference between a three year sentence and a six month sentence. If you have questions about whether you or your loved one qualifies for Shock Incarceration, contact us for a free consultation.