New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 8010
Executive Department
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4 sections
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Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.9 NYCRR 8010.1 - Purpose
Source version current through May 15, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
- Related Register notice
- CCS-38-20-00002-A · Adopted rule
- Related notice published
- Dec 9, 2020
- Related notice effective date
- Dec 9, 2020
It is the responsibility and intent of the Board of Parole to fully implement the provisions of article 26-A of the Correction Law relating to shock incarceration to the extent that those provisions relate to the operation of the board and Department of Corrections and Community Supervision. The provisions of this Part will structure the board's and department's policies in relation to this program, designed to afford certain relatively young, nonviolent offenders an opportunity to learn self-discipline and control.
9 NYCRR 8010.2 - Parole release
Source version current through May 15, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
- Related Register notice
- CCS-38-20-00002-A · Adopted rule
- Related notice published
- Dec 9, 2020
- Related notice effective date
- Dec 9, 2020
(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.
9 NYCRR 8010.3 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule CCS-38-20-00002-A. Published Dec 9, 2020. Notice effective date: Dec 9, 2020.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Related Register notice
- CCS-38-20-00002-A · Adopted rule
- Related notice published
- Dec 9, 2020
- Related notice effective date
- Dec 9, 2020
Current section text is not available here.
9 NYCRR 8010.4 - Interim procedures for inmates previously subject to Correction Law, section 865(1)(ii)
Source version current through May 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)Purpose.
The purpose of these interim procedures is to expedite release of shock inmates who had previously been required to complete 12 months of incarceration prior to release. These inmates are now eligible for immediate review, or immediate release if they have already received release decisions from the Parole Board, by virtue of amendments to the Correction Law contained in sections 292 and 293 of chapter 55 of the Laws of 1992.
(b)Those inmates who have successfully completed the six-month shock incarceration program, who have received a certificate of earned eligibility, who have received a Parole Board decision as of the effective date of these interim procedures which grants release, and whose release date has been established based on the 12-month period previously required by Correction Law, section 867(4), may be released on or after the effective date of these interim procedures. Release shall occur as soon as practicable once the proposed parole program has been investigated and approved.
(c)For those inmates who have successfully completed the six-month shock incarceration program, and who have not yet received a Parole Board decision granting or denying release due to the 12-month incarceration period previously required by Correction Law, section 867(4), the following procedures shall apply upon issuance of a certificate of earned eligibility by the Department of Correctional Services. At least two members of the board shall review the information specified in sections 259-a(1)-(3) and 259-c(3) of the Executive Law with respect to such inmates, and shall make a determination whether to grant parole release to each such inmate or to order the appearance of the inmate for a personal interview. If the board determines than an interview is necessary, the interview shall be conducted as soon as practicable after the effective date of these regulations. At the conclusion of each such interview, where one is ordered by the board, if release is denied, the inmate shall be provided with a written statement of the reasons for such denial.