STATE OF NEW YORK
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8228
IN SENATE
June 17, 2010
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Introduced by Sen. HASSELL-THOMPSON -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the correction law, in relation to eligibility for the
shock program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 865 of the correction law, as
2 amended by section 1 of part L of chapter 56 of the laws of 2009, is
3 amended to read as follows:
4 1. "Eligible inmate" means a person sentenced to an indeterminate term
5 of imprisonment who will become eligible for release on parole within
6 three years or sentenced to a determinate term of imprisonment who will
7 become eligible for conditional release within three years, who has not
8 reached the age of fifty years, who has not previously been convicted of
9 a violent felony as defined in article seventy of the penal law, or a
10 felony in any other jurisdiction which includes all of the essential
11 elements of any such violent felony, upon which an indeterminate or
12 determinate term of imprisonment was imposed and who was between the
13 ages of sixteen and fifty years at the time of commission of the crime
14 upon which his or her present sentence was based [except, however, an
15 eligible inmate shall not include a person sentenced as a second felony
16 drug offender pursuant to subdivision four of section 70.70 of the penal
17 law for a conviction of a class B felony offense defined in article two
18 hundred twenty of the penal law]. Notwithstanding the foregoing, no
19 person who is convicted of any of the following crimes shall be deemed
20 eligible to participate in this program: (a) a violent felony offense as
21 defined in article seventy of the penal law, (b) an A-I felony offense,
22 (c) any homicide offense as defined in article one hundred twenty-five
23 of the penal law, (d) any felony sex offense as defined in article one
24 hundred thirty of the penal law and (e) any escape or absconding offense
25 as defined in article two hundred five of the penal law.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17669-01-0
