NY Corr L § 855 (2021)
2021 New York Laws COR - Correction Article 26 - Temporary Release Programs for State Correctional Institutions 855 - Procedure for Temporary Release of Incarcerated Individuals.

* §  855. Procedure for temporary release of incarcerated individuals.   1.  A person confined in an institution designated for  the  conduct  of   work  release  programs  who is an eligible incarcerated individual, may   make application to the temporary release committee of  the  institution   for permission to participate in a work release program.2.  Any  eligible  incarcerated individual may make application to the   temporary release committee for participation in a furlough  program  or   community  services  program,  or  for  an  industrial training leave or   educational leave.3. Any incarcerated individual may make application to  the  temporary   release  committee  for  a  leave  of absence provided, however, that in   exigent circumstances such application  may  be  made  directly  to  the   superintendent  of  the  institution and the superintendent may exercise   all of the powers of the temporary release committee  subject,  however,   to  any limitation or requirement set forth in the rules and regulations   of  the  department  and  subject  further  to  the  discretion  of  the   commissioner.  All  leave  of absences provided in exigent circumstances   shall state the reasons for approval or disapproval of  the  application   and  shall  be  included  in the incarcerated individual's institutional   parole file.4. If the temporary release  committee  determines  that  a  temporary   release  program  for the applicant is consistent with the safety of the   community and the welfare of the applicant, and is consistent with rules   and regulations of the department, the committee, with the assistance of   the employees  or  unit  designated  by  the  commissioner  pursuant  to   subdivision  four  of  section  eight hundred fifty-two of this article,   shall develop a suitable program of temporary release for the applicant.   Consistent with these provisions, any educational  leave  program  shall   consider the scheduling of classes to insure a reduction of release time   not spent in educational pursuits.5.  The  committee  shall  then prepare a memorandum setting forth the   details of the temporary release program including the  extended  bounds   of  confinement and any other matter required by rules or regulations of   the  department.  Such  memorandum   shall   be   transmitted   to   the   superintendent  who  may approve or reject the program, subject to rules   and regulations promulgated by the commissioner. If  the  superintendent   approves  the program, he or she shall indicate such approval in writing   by signing the memorandum. If the superintendent rejects the program, he   or she shall state his or her reasons in writing and a copy  of  his  or   her  statement  shall be given to the incarcerated individual and to the   commissioner and such decision shall be reviewed by the commissioner. If   the commissioner rejects the program, he or she shall state his  or  her   reasons  in  writing.  A  copy  of  such statement shall be filed in the   incarcerated individual's institutional file.6. In order for an applicant to accept a program of temporary release,   such incarcerated individual 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 that  I  will  be  under  the   supervision  of  the  state  department  of  corrections  and  community   supervision while I am away from the premises of the institution  and  I   agree  to  comply  with  the instructions of any parole officer or other   employee of the department assigned to supervise me. 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  felony."  Such   agreement  shall  be  placed  on file at the institution from which such   temporary release is granted.7.   After   approving   the   program   of   temporary  release,  the   superintendent may  then  permit  an  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 work release or furlough program prior to the   time at which the person to be released becomes an eligible incarcerated   individual.8.  At least three days before releasing an incarcerated individual on   a temporary release program, the superintendent shall notify in  writing   the  sheriff  or  chief  of  police  of  the  community  into  which the   incarcerated individual is to be released.9. Participation in a temporary 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 temporary release program. The superintendent of the   institution may at any time, and upon recommendation  of  the  temporary   release committee or of the commissioner or of the chairman of the state   board  of  parole  or his or her designee shall, revoke any incarcerated   individual's privilege to participate in a program of temporary  release   in accordance with regulations promulgated by the commissioner.* NB Effective until September 1, 2023* §  853.  Procedure for release of eligible incarcerated individuals.   1.  A person confined in an institution designated for  the  conduct  of   work  release programs who is, or who within ninety days will become, an   eligible incarcerated individual,  may  make  application  to  the  work   release  committee of the institution for permission to participate in a   work release program.2. If the work  release  committee  determines  that  a  work  release   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 rules and regulations of the commissioner, the   committee shall develop a suitable  program  of  work  release  for  the   applicant.3.  The  committee  shall  then prepare a memorandum setting forth the   details of the work release program, including the  extended  bounds  of   confinement and any other matter required by rules or regulations of the   commissioner. Such memorandum shall be transmitted to the warden who may   approve or reject the program. If the warden approves the program, he or   she  shall  indicate such approval in writing by signing the memorandum.   If the warden rejects the program, such decision shall  be  reviewed  by   the commissioner.4.  In  order for an applicant to accept a program of work release, he   or she 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 that I  will  be  under  the  supervision  of  the   department of corrections and community supervision while I am away from   the  premises  of  the  institution  and  I  agree  to  comply  with the   instructions of any parole officer 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   upon   his  or  her  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 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 felony."5.  After  approving  the program of work release, 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.6.  Participation  in  a  work  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 work release program. The warden  of  the  institution   may  at  any time, and upon recommendation of the work release committee   or of the chairman of the state board of parole or his or  her  designee   shall,  revoke any incarcerated individual's privilege to participate in   a program of work release.* NB Effective September 1, 2023