ADA & Rehab Act Challenge to Shock Incarceration Program Policy Settlement

On February 11, 2026, the court granted preliminary approval to the class settlement in Raymond v. DOCCS. PLS has been litigating this case since November 2020. It concerns administration of the Shock Incarceration Program. Previously, DOCCS routinely screened individuals out of the program based on disability. For the small number of individuals whose criminal sentences included an order enrolling them into Shock, DOCCS would offer an alternative Shock placement that offered the same early release benefits as the traditional Shock program. However, all other individuals excluded based on disability were given no equivalent early release opportunity. Over the years, thousands of individuals with disabilities were excluded from the benefits of the Shock program on that basis. This lawsuit was brought under the Americans with Disabilities Act and the Rehabilitation act and sought an injunction requiring DOCCS to offer an alternative Shock placement to any individual disqualified for medical or mental health reasons.

 

After PLS commenced the lawsuit, DOCCS changed their policy. Any individual who is disqualified from the traditional Shock program for medical or mental health reasons is offered an alternative Shock placement. Additionally, DOCCS has relaxed its medical and physical fitness screening criteria, allowing more individuals to participate in the traditional Shock program at Lakeview. OMH has also increased mental health staffing and services at Lakeview.

 

The class settlement agreement in this case memorializes the policy changes DOCCS has made and incudes additional relief to ensure these changes are effectively implemented.

 

The class notice period will run from February 21, 2026, to June 23, 2026. During this period, DOCCS will post a notice summarizing the terms of the settlement agreement. DOCCS is also required to maintain a copy of the settlement agreement in the law libraries.

 

The class notice instructs individuals to direct any questions about the case to PLS’ Buffalo office, “Attn: Shock Incarceration Settlement.” 

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