Section 865. Definitions

As used in this article, the following terms mean:
    1. "Eligible inmate" means a person sentenced to an indeterminate term
  of  imprisonment  who  will become eligible for release on parole within
  three years or sentenced to a determinate term of imprisonment who  will
  become  eligible for conditional release within three years, who has not
  reached the age of fifty years, who has not previously been convicted of
  a felony upon which an indeterminate or determinate term of imprisonment
  was imposed and who was between the ages of sixteen and fifty  years  at
  the  time  of  commission  of  the  crime  upon which his or her present
  sentence was based except, however, an eligible inmate shall not include
  a person  sentenced  as  a  second  felony  drug  offender  pursuant  to
  subdivision four of section 70.70 of the penal law for a conviction of a
  class  B  felony  offense  defined  in article two hundred twenty of the
  penal law. Notwithstanding the foregoing, no person who is convicted  of
  any  of  the following crimes shall be deemed eligible to participate in
  this program: (a) a violent felony offense as defined in article seventy
  of the penal law, (b) an A-I felony offense, (c) any homicide offense as
  defined in article one hundred twenty-five of the  penal  law,  (d)  any
  felony sex offense as defined in article one hundred thirty of the penal
  law  and  (e) any escape or absconding offense as defined in article two
  hundred five of the penal law.
    2. "Shock incarceration program" means a  program  pursuant  to  which
  eligible  inmates are selected to participate in the program and serve a
  period of six months in a  shock  incarceration  facility,  which  shall
  provide   rigorous   physical   activity,  intensive  regimentation  and
  discipline and rehabilitation therapy and programming. Such inmates  may
  be  selected  either:  (i)  at  a reception center; or (ii) at a general
  confinement facility when the otherwise  eligible  inmate  then  becomes
  eligible  for  release  on  parole  within three years in the case of an
  indeterminate  term  of  imprisonment,  or  then  becomes  eligible  for
  conditional release within three years in the case of a determinate term
  of imprisonment.