NY Corr L § 633 (2021)
2021 New York Laws COR - Correction Article 22-A - Prisoner Furloughs 633 - Procedure for Furlough Release of Eligible Incarcerated Individuals.

* §  633.  Procedure  for  furlough  release  of eligible incarcerated   individuals. 1. A person confined in a city prison or a county jail  and   penitentiaries  of  a  county  which  elects  to have this article apply   thereto who is, or who within  thirty  days  will  become,  an  eligible   incarcerated  individual,  may  make application to the furlough release   committee of the institution for permission to participate in a furlough   program.2. Any eligible incarcerated individual may make  application  to  the   furlough  committee  for  leave  of  absence  provided, however, that in   exigent circumstances such application  may  be  made  directly  to  the   warden  of the institution and the warden may exercise all of the powers   of the furlough  committee  subject,  however,  to  any  limitations  or   requirements  set  forth  in the rules and regulations of the department   and subject further to the discretion of the commissioner.3. If the furlough committee determines that a  furlough  program  for   the  applicant is consistent with the safety of the community, is in the   best interests of rehabilitation of the  applicant,  and  is  consistent   with  the  rules  and regulations of the department, the committee, with   the assistance of the employees designated by the commissioner  pursuant   to  section  six  hundred  thirty-two  of  this chapter, shall develop a   suitable furlough program for the applicant.4. The committee shall then prepare a  memorandum  setting  forth  the   details  of  the  furlough  program  including  the  extended  bounds of   confinement and any other matter required by the rules  and  regulations   of  the  department.  Such memorandum shall be transmitted to the warden   who may approve or reject  the  program.  If  the  warden  approves  the   program,  he  shall  indicate  such  approval  in writing by signing the   memorandum. If the warden rejects the program, such  decision  shall  be   reviewed by the commissioner.5. In order for the applicant to accept the furlough program, he shall   agree  to  be  bound  by  all the terms and conditions thereof and shall   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 I will be under the supervision of the   department while I am away from the premises of the  institution  and  I   agree  to comply with the instructions of any employee of the department   assigned to supervise me. I will carry a copy of this memorandum  on  my   person at all times while I am away from the premises of the institution   and  I  will  exhibit it to any peace officer or police officer upon his   request. I  understand  that  my  participation  in  the  program  is  a   privilege  which  may  be revoked at any time, and that if I violate any   provision of the program I may  be  taken  into  custody  by  any  peace   officer  or  police  officer  and  I  will  be  subject  to disciplinary   procedures. I further understand that if I intentionally fail to  return   to  the  institution at or before the time specified in the memorandum I   may be found guilty of a misdemeanor."6. After approving the program of furlough, the warden may then permit   an eligible incarcerated individual who has accepted such program to  go   outside  the  premises  of  the  institution  within  the  limits of the   extended bounds of confinement described in  the  memorandum;  provided,   however, that no such permission shall become effective in the case of a   furlough  program  prior  to the time at which the person to be released   becomes an eligible incarcerated individual.7. Participation in a furlough release program shall be  a  privilege.   Nothing  contained  in  this article may be construed to confer upon any   incarcerated individual the right to  participate,  or  to  continue  to   participate  in a furlough program. The warden of the institution may at    any time, and upon recommendation of the furlough committee  or  of  the   commissioner,   revoke   any   incarcerated  individual's  privilege  to   participate in a program of furlough.* NB Repealed September 1, 2023