An Amendment Concerning Eligibility for the Shock Incarceration Program

AN ACT to amend the correction law, in relation to eligibility for the
shock program

Became a law August 13, 2010, with the approval of the Governor.
Passed by a two-thirds vote.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 1 of section 865 of the correction law, as
amended by section 1 of part L of chapter 56 of the laws of 2009, is
amended to read as follows:

1. "Eligible inmate" means a person sentenced to an indeterminate term
of imprisonment who will become eligible for release on parole within
three years or sentenced to a determinate term of imprisonment who will
become eligible for conditional release within three years, who has not
reached the age of fifty 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 years at the time of commission of the crime
upon which his or her present sentence was based [except, however, an
eligible inmate shall not include a person sentenced as a second felony
drug offender pursuant to subdivision four of section 70.70 of the penal
law for a conviction of a class B felony offense defined in article two
hundred twenty of the penal law
]. 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, (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. This act shall take effect immediately.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

Temporary President of the Senate

Speaker of the Assembly

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.