NY Corr L § 851-1 (2021)
2021 New York Laws COR - Correction Article 26 - Temporary Release Programs for State Correctional Institutions 851*

* § 851. Definitions. As used in this article the following terms have the following meanings:   1.  "Institution"  means any institution under the jurisdiction of the state department of corrections and community supervision.   2. "Eligible incarcerated individual" means: a person confined  in  an institution  who  is  eligible  for release on parole or who will become eligible for release on parole or conditional release within two  years. Provided,  that a person under a determinate sentence as a second felony drug offender for a class  B  felony  offense  defined  in  article  two hundred  twenty  of the penal law, who was sentenced pursuant to section 70.70 of such law, shall not be eligible to participate in  a  temporary release  program until the time served under imprisonment for his or her determinate sentence, including any jail time credited pursuant  to  the provisions  of  article  seventy  of  the  penal  law, shall be at least eighteen months. In the  case  of  a  person  serving  an  indeterminate sentence  of  imprisonment  imposed  pursuant to the penal law in effect after September one, nineteen hundred sixty-seven, for the  purposes  of this  article  parole  eligibility  shall  be upon the expiration of the minimum period of imprisonment fixed by the court or where the court has not fixed any period, after service of the minimum period fixed  by  the state  board  of parole. If an incarcerated individual is denied release on parole, such incarcerated individual shall not be deemed an  eligible incarcerated  individual  until  he or she is within two years of his or her next scheduled appearance before the state parole board. In any case where an incarcerated individual  is  denied  release  on  parole  while participating  in  a  temporary  release  program,  the department shall review the  status  of  the  incarcerated  individual  to  determine  if continued  placement  in the program is appropriate. No person convicted of any escape or absconding offense defined in article two hundred  five of  the penal law shall be eligible for temporary release. Nor shall any person under sentence for any sex offense defined in article one hundred thirty of the penal law  be  eligible  to  participate  in  a  community services  program  as  defined  in  subdivision  five  of  this section. Notwithstanding the foregoing, no person who is  an  otherwise  eligible incarcerated individual who is under sentence for a crime involving: (a) infliction  of  serious  physical  injury upon another as defined in the penal law, (b) a sex offense involving forcible compulsion, or  (c)  any other offense involving the use or threatened use of a deadly weapon may participate  in a temporary release program without the written approval of the  commissioner.  The  commissioner  shall  promulgate  regulations giving  direction to the temporary release committee at each institution in order to aid such committees in carrying out this mandate.   The  governor,  by  executive  order,  may  exclude   or   limit   the participation   of   any   class   of  otherwise  eligible  incarcerated individuals from participation in a temporary release  program.  Nothing in  this  paragraph  shall be construed to affect either the validity of any executive order previously  issued  limiting  the  participation  of otherwise  eligible  incarcerated  individuals  in  such  program or the authority of the commissioner to impose appropriate regulations limiting such participation.   3. "Work  release  program"  means  a  program  under  which  eligible incarcerated  individuals  may  be  granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours  in any day for the purpose of on-the-job training or employment, or for any matter  necessary  to  the  furtherance  of any such purposes. No person shall be released into a work release program unless  prior  to  release such  person  has  a  reasonable  assurance of a job training program or employment. If after release, such  person  ceases  to  be  employed  or  ceases   to  participate  in  the  training  program,  the  incarcerated individual's privilege to participate in such work release  program  may be  revoked  in accordance with rules and regulations promulgated by the commissioner.   4.   "Furlough   program"   means   a  program  under  which  eligible incarcerated individuals may be granted the  privilege  of  leaving  the premises of an institution for a period not exceeding seven days for the purpose  of  seeking employment, maintaining family ties, solving family problems,  seeking  post-release   housing,   attending   a   short-term educational  or  vocational training course, or for any matter necessary to the furtherance of any such purposes.   5. "Community services program" means a program under  which  eligible incarcerated  individuals  may  be  granted the privilege of leaving the premises of an institution for a period not exceeding fourteen hours  in any  day  for  the  purpose  of  participation  in  religious  services, volunteer work, or athletic events, or for any matter necessary  to  the furtherance of any such purposes.   6.  "Leave  of  absence"  means a privilege granted to an incarcerated individual, who need not be an "eligible  incarcerated  individual,"  to leave the premises of an institution for the period of time necessary:  (a)  to  visit  his or her spouse, child, brother, sister, grandchild, parent, grandparent or ancestral aunt or uncle during his  or  her  last illness if death appears to be imminent;  (b) to attend the funeral of such individual;  (c)  to  undergo surgery or to receive medical or dental treatment not available in the correctional  institution  only  if  deemed  absolutely necessary  to  the  health and well-being of the incarcerated individual and whose approval  is  granted  by  the  commissioner  or  his  or  her designated representative.   7.  "Educational  leave"  means  a  privilege  granted  to an eligible incarcerated individual to leave the premises of an  institution  for  a period  not  exceeding  fourteen  hours  in  any  day for the purpose of education or vocational training, or for any  matter  necessary  to  the furtherance of any such purposes.   8.  "Industrial  training  leave"  means  a  privilege  granted  to an eligible incarcerated individual to leave the premises of an institution for a period not exceeding fourteen hours in any day for the purpose  of participating  in  an  industrial  training  program,  or for any matter necessary to the furtherance of any such purpose.   9. "Temporary release program"  means  a  "work  release  program,"  a "furlough  program,"  a  "community  services  program,"  an "industrial training leave," an "educational leave," or a "leave of absence."   10. "Extended bounds of  confinement"  means  the  area  in  which  an incarcerated individual participating in a temporary release program may travel,  the  routes he or she is permitted to use, the places he or she is authorized to visit, and the hours, days, or specially defined period during which he or she is permitted to be absent from  the  premises  of the institution.   11. "Temporary release committee" means the body of persons, which may include  members  of  the  public,  appointed  pursuant  to  regulations promulgated by  the  commissioner  to  serve  at  the  pleasure  of  the commissioner  for  the  purpose  of  formulating, modifying and revoking temporary release programs at an institution.   12. "Superintendent" means the person in charge of an institution,  by whatever title he or she may be known.   * NB  Effective  September  1, 2023 until the expiration of §42 of ch. 60/1994, §10 of ch. 339/1972 and §3 of ch. 554/1986    * § 851. Definitions. As used in this article the following terms have the following meanings:   1.  "Institution"  means any institution under the jurisdiction of the state department of corrections and community supervision.   2. "Eligible incarcerated individual" means a person  confined  in  an institution  where  a  work  release program has been established who is eligible for release on parole or who will become eligible  for  release on parole within one year.   3.  "Work  release  program"  means  a  program  under  which eligible incarcerated individual may be granted  the  privilege  of  leaving  the premises  of  an  institution  for  the purpose of education, on-the-job training or employment.   4. "Extended bounds  of  confinement"  means  the  area  in  which  an incarcerated  individual  participating  in  a  work release program may travel, the routes he or she is permitted to use, the places he  or  she is  authorized  to visit, and the hours, not exceeding fourteen hours in any day, he or she is permitted to be absent from the  premises  of  the institution.   5.  "Work  release  committee"  means  the  body of persons, which may include  members  of  the  public,  appointed  pursuant  to  regulations promulgated   by  the  commissioner  for  the  purpose  of  formulating, modifying and revoking work release programs at an institution.   6. "Warden" means the person in charge of an institution, by  whatever title he may be known.   * NB  Effective only upon the expiration of §42 of ch. 60/1994, §10 of ch. 339/1972 and §3 of ch. 554/1986