N.Y. Comp. Codes R. & Regs. tit. 9 § 8010.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 8010.2 - Parole release

(a) The Legislature mandated that the shock incarceration program be available only to specially selected, nonviolent eligible inmates, and the program incorporates a highly structured routine of discipline, intensive regimentation, exercise and work therapy, together with substance abuse therapy, education, and pre-release and self-improvement counseling. The Board of Parole, after consideration of the eligibility criteria established by the Legislature, and the extensive, stringent criteria established by the Department of Corrections and Community Supervision for program selection and retention, believes that an inmate who is selected and who thereafter successfully completes the entire shock incarceration program will normally represent an excellent candidate for release onto parole. Therefore, an inmate's successful completion of the program, and receipt of a certificate of earned eligibility, shall create a presumption in favor of parole release.

(b) An eligible inmate participant in the shock incarceration program shall be considered for release onto parole prior to such inmate's completion of the program, except as otherwise specified in paragraph (f)(1) of this section. A decision to grant or deny release onto parole will be made by at least two members of the board, and will be premised on reports prepared and/or compiled by the department concerning the inmate participant. At the time of such review by members of the board, the board will assume that the inmate will successfully complete the program and be awarded a certificate of earned eligibility by the department. Upon the completion of its review, the board will either:

(1) issue a conditional grant of parole, conditioned on the inmate's successful completion of the shock incarceration program and the issuance of a certificate of earned eligibility to the inmate; or

(2) deny release. If release is denied, the inmate shall be informed in writing, within two weeks of the board's rendition of its decision, of the factors and reasons for such denial. An inmate denied parole release shall thereafter appear at least one month prior to the expiration of the minimum period of imprisonment fixed by the court, in accordance with the provisions of Part 8002 of this Title.

(c) A conditional grant of parole shall become final upon an inmate's successful completion of the shock incarceration program and the issuance to that inmate of a certificate of earned eligibility. Such an inmate shall thereafter be released onto parole in accordance with the provisions of subdivision (e) of this section.

(d) A conditional grant of parole shall be rendered null and void upon the removal of the inmate from the shock incarceration program for any reason prior to the completion of the program, or upon the failure of the inmate to obtain a certificate of earned eligibility upon the completion of the program. Notice to the inmate of the nullification of the conditional grant of parole shall not be required, as the inmate's failure to successfully complete the program or receive a certificate of earned eligibility upon program completion would render such inmate statutorily ineligible for release onto parole. An inmate whose conditional grant of parole has been rendered null and void shall thereafter appear at least one month prior to the expiration of the minimum period of imprisonment fixed by the court, in accordance with the provisions of Part 8002 of this Title.

(e) An inmate granted parole upon completion of the shock incarceration program shall be released upon a date specified by the board that shall correspond with the date upon which the inmate has completed the entire six-month shock incarceration program, or on a date specified by the board as soon thereafter as practicable.

(f) An eligible inmate who is removed from the shock incarceration program by the department for any reason, and who is subsequently afforded another opportunity to participate in this program, shall be considered for release onto parole de novo in accordance with the preceding subdivisions of this section, except that:

(1) such consideration may occur subsequent to the inmate's completion of this program, where reinstatement has occurred less than 60 days prior to the inmate's completion of the program; and

(2) release onto parole, if granted, shall thereafter occur upon a date specified by the board that shall correspond with the inmate's completion of the program, or as soon as practicable thereafter. An inmate who has successfully completed the shock incarceration program and who has been issued a certificate of earned eligibility prior to being considered for release onto parole by the board, or subsequent to the board's decision but prior to actual release onto parole, may be subject to rescission in accordance with the provisions of section 8002.5 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8010.2

Amended New York State Register December 9, 2020/Volume XLII, Issue 49, eff. 12/9/2020