Section 867 - Procedure for selection of participants in shock incarceration program1. An eligible incarcerated individual may make an application to the shock incarceration screening committee for permission to participate in the shock incarceration program.2. If the shock incarceration screening committee determines that an incarcerated individual's participation in the shock incarceration program is consistent with the safety of the community, the welfare of the applicant and the rules and regulations of the department, the committee shall forward the application to the commissioner or his designee for approval or disapproval.2-a. Subdivisions one and two of this section shall apply to a judicially sentenced shock incarceration incarcerated individual only to the extent that the screening committee may determine whether the incarcerated individual has a medical or mental health condition that will render the incarcerated individual unable to successfully complete the shock incarceration program, and the facility in which the incarcerated individual will participate in such program. Notwithstanding subdivision five of this section, an incarcerated individual sentenced to shock incarceration shall promptly commence participation in the program when such incarcerated individual is an eligible incarcerated individual pursuant to subdivision one of section eight hundred sixty-five of this article.3. Applicants cannot participate in the shock incarceration program unless they agree to be bound by all the terms and conditions thereof and indicate such agreement by signing the memorandum of the program immediately below a statement reading as follows: "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."
4. An incarcerated individual who has successfully completed a shock incarceration program shall be eligible to receive such a certificate of earned eligibility pursuant to section eight hundred five of this chapter. Notwithstanding any other provision of law, an incarcerated individual sentenced to a determinate sentence of imprisonment who has successfully completed a shock incarceration program shall be eligible to receive such a certificate of earned eligibility and shall be immediately eligible to be conditionally released.5. Participation in the shock incarceration program shall be a privilege. Nothing contained in this article may be construed to confer upon any incarcerated individual the right to participate or continue to participate therein.Amended by New York Laws 2021 , ch. 322, Sec. 239, eff. 8/2/2021.