DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. CCS-53-13-00002-P
Shock Incarceration Program
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend sections 1800.2, 1800.4, 1800.5, 1800.8(a), 1800.9(b)(1), (3), (10) and 1800.10(e) of Title 7 NYCRR.
Statutory authority:
Corrections Law, sections 112 and 866
Subject:
Shock Incarceration Program.
Purpose:
Update eligibility requirements, transfer procedure, grooming standards, the agency name, and clarify impact of refusal/removal.
Text of proposed rule:
Amend Section 1800.2 of 7 NYCRR, as follows:
There is a present need to provide to selected [young ]inmates a special six-month program of shock incarceration, stressing a highly structured routine of discipline, intensive regimentation, exercise and work therapy, together with substance abuse workshops, education, prerelease counseling and self-improvement counseling. If an inmate successfully completes the shock incarceration program, he or she will be eligible for parole release and will be awarded a certificate of earned eligibility pursuant to Correction Law, sections 805 and 807.
Amend Sections 1800.4(a)(1) through (a)(5) of 7 NYCRR, as follows:
(a) An inmate sentenced to an indeterminate or determinate term of imprisonment may apply for participation in the shock incarceration program if the inmate meets all of the following requirements:
(1) has not reached [40]50 years of age;
(2) will become eligible for release on parole within three years for inmates with indeterminate sentences, or will be eligible for release to Post Release Supervision within 3 years of his/her conditional release date for inmates with determinate sentences;
(3) unless already provided, has agreed to provide a DNA sample for forensic analysis; and
[(4) has not previously been convicted of a felony upon which an indeterminate term of imprisonment was imposed; and]
(4)[(5)] was at least 16 but less than [40]50 years of age at the time of commission of the crime upon which his or her present sentence was based.
Amend Section 1800.5 of 7 NYCRR, as follows:
Inmates will be given [preliminary]Shock Incarceration screening at reception centers to determine if they meet the selection and statutory eligibility criteria for participation in the shock incarceration program. Selected inmates may then be transferred to designated shock incarceration facilities [for final screening and approval for] to await entry into the program[ participation].
Amend Section (a) of 1800.8 of 7 NYCRR, as follows:
(a) All incoming shock inmates will have a haircut [on]within the first week of arrival[day] in the facility. Haircuts will be military style, 1/4" in length and completely trimmed around the ears.
Amend Sections (b)(1), (b)(3), and (b)(10) of 1800.9 of 7 NYCRR, as follows:
(b) Memo of agreement.
Shock Incarceration Program
Memo of Agreement
Name
Facility
DIN
1. As authorized pursuant to Correction Law, article 26-A, I agree to participate in the Department of [Correctional Services]Corrections and Community Supervision Shock Incarceration Program. This agreement is made voluntarily and without coercion.
3. I promise that I shall abide by all the conditions specified in this agreement and all other conditions and instructions given to me by any representative of the Department of [Correctional Services]Corrections and Community Supervision and will be subject to removal from the program for failure to do so.
10. If additional criminal charges are lodged against me, I agree that I may be removed from the program in the discretion of the Department of [Correctional Services]Corrections and Community Supervision.
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 returned to a nonshock incarceration correctional facility to continue service of my sentence.
I have read and understand the above Memo of Agreement, and I agree to fully abide by the terms of the memo.
Inmate Signature
Date
Witness
Date
cc: [Inmate
Central Office File]
Institutional File
[Parole Institutional File]
Amend Section (e) of 1800.10 of 7 NYCRR, as follows:
(e) Any inmate who is eligible for the shock incarceration program who chooses not to participate in [it]shock at the reception center while in reception status, or who is removed from the program will be considered ineligible for participation in the temporary release program, unless the reason for the removal was due to an intervening circumstance beyond the control of the inmate.
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, NYS Dept. of Corrections and Community Supervision, Harriman State Campus - Building 2, 1220 Washington Avenue, Albany, NY 12226-2050, (518) 457-4951, email: Rules@Doccs.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Department of Correctional and Community Supervision has determined that no person is likely to object to the proposed action. This proposal updates eligibility requirements, transfer procedure, grooming standards, the agency name, and clarifies the impact of program refusal/removal. See SAPA Section 102(11)(a).
The Department’s authority resides in section 70 of Correction Law, which mandates that each correctional facility must be designated in the rules and regulations of the Department and assigns the Commissioner the duty to classify each facility with respect to the type of security maintained and the function as specified. See Correction Law § 70(6).
Job Impact Statement
A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. This proposal updates eligibility requirements, transfer procedure, grooming standards, the agency name, and clarifies the impact of program refusal/removal.
