NY Corr L § 852 (2021)
2021 New York Laws COR - Correction Article 26 - Temporary Release Programs for State Correctional Institutions 852 - Establishment of Temporary Release.

* §  852.  Establishment  of  temporary  release. 1. The commissioner, guided by consideration for the safety of the community and the  welfare of  the  incarcerated individual, shall review and evaluate all existing rules, regulations and directives relating to current temporary  release programs  and  consistent  with  the  provisions of this article for the administration of temporary release programs  shall  by  January  first, nineteen  hundred seventy-eight promulgate new rules and regulations for the various forms of temporary release. Such rules and regulations shall reflect the purposes of the different programs and shall include but not be limited to selection criteria, supervision  and  procedures  for  the disposition of each application.   2. The commissioner shall appoint or cause to be appointed a temporary release  committee  for each institution which shall meet on a regularly scheduled basis to review all applications for temporary release.   3. Work release programs  may  be  established  only  at  institutions classified  by  the commissioner as work release facilities. Educational release  programs  may  be  established  only   at   those   educational institutions  which  shall maintain attendance records for participating incarcerated individuals.   4. The commissioner shall designate in the rules  and  regulations  of the  department  appropriate  employees  or  an  appropriate unit of the department to be responsible  for  (a)  securing  education,  on-the-job training  and  employment opportunities for incarcerated individuals who are eligible to participate in a work release program, and (b) assisting such incarcerated individuals in  such  other  manner  as  necessary  or desirable to assure the success of the program.   5.  All  incarcerated  individuals  participating in temporary release programs shall be assigned to parole officers for supervision.  As  part of  the  parole  officer's  supervisory  functions  he  or  she shall be required to provide  reports  every  two  months  on  each  incarcerated individual  under his or her supervision. Such reports shall include but not be limited to:  (a) an evaluation of the individual's participation in such program;  (b) a statement of any problems and the manner in which such  problems were   resolved  relative  to  an  individual's  participation  in  such programs; and  (c) a  recommendation  with  respect  to  the  individual's  continued participation in the program.   * NB Effective until September 1, 2023   * §  852.  Establishment  of  work  release.  1.  The  commissioner of correction shall designate one or more institutions for the  conduct  of work  release programs. Upon such designation the commissioner, with the approval of the chairman of the board of parole, shall promulgate  rules and  regulations  consistent with the provisions of this article for the administration of work release programs at any  institution  designated, and  shall appoint or cause to be appointed a work release committee for such institution.   2. The  department  shall  be  responsible  for  securing  appropriate education, on-the-job training and employment opportunities for eligible incarcerated  individuals  and  shall supervise incarcerated individuals during their participation in work release programs outside the premises of institutions.   * NB Effective September 1, 2023