What is NY Shock Incarceration and How Do I Qualify?

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:

1. Eligibility for Parole or Conditional Release within three years;
2. Less than 50 years of age;
3. No previous convictions for a violent felony in the state of New York or elsewhere;
4. 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:

1. Out-of-state or federal felony warrant;
2. Felony arrest warrant that is not barred by the statute of limitations;
3. Violation of probation warrant where the sentence of probation was imposed for a felony;
4. Another definite sentence that will have to be served in NY State local custody;
5. An out-of-state or federal commitment;
6. 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.