Section 867. Procedure for selection of participants in shock incarceration program

1. An eligible inmate may make  an  application  to  the  shock  incarceration  screening  committee for permission to participate in the
  shock incarceration program.
    2. If the shock incarceration screening committee determines  that  an
  inmate's  participation in the shock incarceration program is consistent
  with the safety of the community, the welfare of the applicant  and  the
  rules and regulations of the department, the committee shall forward the
  application  to  the  commissioner  or  his  designee  for  approval  or
  disapproval.
    2-a. Subdivisions one and  two  of  this  section  shall  apply  to  a
  judicially  sentenced shock incarceration inmate only to the extent that
  the screening committee may determine whether the inmate has  a  medical
  or  mental  health  condition  that  will  render  the  inmate unable to
  successfully complete the shock incarceration program, and the  facility
  in  which  the  inmate will participate in such program. Notwithstanding
  subdivision  five  of  this  section,  an  inmate  sentenced  to   shock
  incarceration  shall promptly commence participation in the program when
  such inmate is an eligible inmate pursuant to subdivision one of section
  eight hundred sixty-five of this article.
    3. Applicants cannot participate in the  shock  incarceration  program
  unless  they  agree  to be bound by all the terms and conditions thereof
  and indicate such agreement by signing the  memorandum  of  the  program
  immediately below a statement reading as follows:
    "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 transferred to a
  nonshock incarceration correctional facility to continue service  of  my
  sentence."
    4.  An  inmate  who  has  successfully completed a shock incarceration
  program shall be eligible  to  receive  such  a  certificate  of  earned
  eligibility  pursuant  to  section  eight  hundred five of this chapter.
  Notwithstanding any other provision of law, an  inmate  sentenced  to  a
  determinate  sentence  of  imprisonment who has successfully completed a
  shock  incarceration  program  shall  be  eligible  to  receive  such  a
  certificate  of  earned eligibility and shall be immediately eligible to
  be conditionally released.
    5. Participation  in  the  shock  incarceration  program  shall  be  a
  privilege.  Nothing contained in this article may be construed to confer
  upon any inmate the right to  participate  or  continue  to  participate
  therein.