New York State Shock Incarceration Program

Understanding Correction Law Article 26-A

At LaMarche Safranko our Upstate New York criminal defense attorneys understand that sentencing outcomes can profoundly affect a person’s future. For certain individuals facing incarceration, New York’s Shock Incarceration Program, established under Correction Law Article 26-A, may offer an opportunity for early release through intensive rehabilitation and discipline.

This program provides eligible participants with a structured, six-month alternative to traditional imprisonment that emphasizes personal responsibility, physical training, substance abuse treatment, and educational programming.

What Is the Shock Incarceration Program?

Under New York Correction Law §865, the Shock Incarceration Program is designed to rehabilitate eligible incarcerated individuals through a military-style, regimented environment. The program focuses on discipline, structure, and therapy, aiming to reduce recidivism while offering a pathway to early parole or conditional release.

Participants live in a strict, highly supervised setting that combines physical activity, educational courses, vocational training, and substance abuse counseling. Unlike traditional incarceration, this program seeks to promote long-term behavioral change and successful reintegration into society.

Importantly, participation is considered a privilege, not a right, and can be revoked at the discretion of the Commissioner of the New York State Department of Corrections and Community Supervision (DOCCS).

Does my criminal case qualify for New York’s Shock Incarceration Program?

According to Correction Law §865, applicants must meet specific eligibility criteria:

• Be under age 50 at the time of application
• Have been between ages 16 and 50 when the current offense was committed
• Be eligible for parole or conditional release within three years of the start date
• Have no prior violent felony conviction that resulted in an indeterminate or determinate prison term

Excluded Offenses

Certain convictions automatically disqualify an individual from the Shock Incarceration Program. These include:

• Violent felony offenses
• A-I felony offenses
• Any homicide-related offense
• Any felony sex offense
• Escape or absconding offenses

However, there are limited exceptions for individuals convicted of Burglary in the Second Degree (Penal Law §140.25(2)) or Robbery in the Second Degree (Penal Law §160.10(1)), or attempted versions of these crimes.

What are the benefits of completing the Shock Incarceration Program?

Successful completion of the program offers substantial legal and rehabilitative benefits:

1. Certificate of Earned Eligibility

Graduates become eligible to receive a Certificate of Earned Eligibility, which can lead to early parole or conditional release consideration.

2. Early Release Provisions

• Indeterminate Sentences: Participants may be considered for early parole after completing the program.
• Determinate Sentences: Participants become immediately eligible for conditional release upon successful completion.

These early release benefits can significantly reduce the length of incarceration and help individuals reenter society sooner.

How a New York criminal defense lawyer can help with sentencing options?

At LaMarche Safranko Law, our defense attorneys help clients understand their sentencing options, including whether they may qualify for programs like Shock Incarceration. We can advocate for your eligibility, assist in navigating the application process, and ensure your rights are protected at every stage.

If you or a loved one is facing incarceration in New York, contact our experienced criminal defense lawyers today to discuss your case and potential eligibility for early release under Correction Law Article 26-A.

Sources:

• New York Correction Law §865 – Definitions
• New York Correction Law §867 – Procedure for Selection of Participants