NY Corr L § 856 (2021)
2021 New York Laws COR - Correction Article 26 - Temporary Release Programs for State Correctional Institutions 856 - Conduct of Incarcerated Individuals Participating in a Temporary Release Program.

* §  856.  Conduct  of  incarcerated  individuals  participating  in a   temporary  release  program.  1.  An  incarcerated  individual  who   is   permitted  to  leave  the premises of an institution to participate in a   temporary release program shall  have  on  his  or  her  person  a  card   identifying  him  or her as a participant in a temporary release program   as signed by the superintendent of the institution at  all  times  while   outside  the  premises of the institution and shall exhibit such card to   any peace officer or police officer upon request of  such  officer.  The   commissioner  may,  by  regulation,  require such information, including   effective dates, to be included in such card as he  or  she  shall  deem   necessary and proper.2.  If  the  incarcerated  individual  violates  any  provision of the   program, or any rule or regulation promulgated by the  commissioner  for   conduct  of  incarcerated individuals participating in temporary release   programs, such incarcerated individual shall be subject to  disciplinary   measures  to  the  same  extent  as  if  he  or  she  violated a rule or   regulation of the commissioner for conduct of  incarcerated  individuals   within  the  premises of the institution. The failure of an incarcerated   individual to voluntarily return  to  the  institution  of  his  or  her   confinement  more  than  ten  hours  after his or her prescribed time of   return shall create a rebuttable presumption that the failure to  return   was  intentional.  Any  incarcerated  individual  who  is  found to have   intentionally failed to return pursuant to this subdivision shall be  an   absconder  in violation of his or her temporary release program and will   not be an eligible incarcerated individual as defined in subdivision two   of section eight hundred fifty-one of this chapter. The creation of such   rebuttable presumption shall not be admissible in any court  of  law  as   evidence of the commission of any crime defined in the penal law. A full   report of any such violation, a summary of the facts and findings of the   disciplinary  hearing  and  disciplinary  measures  taken, shall be made   available to the board for the incarcerated individual's next  scheduled   appearance  before  the  state  board of parole including any defense or   explanation offered by the incarcerated individual in response  at  such   hearing.3. The provisions of this chapter relating to good behavior allowances   shall  apply to behavior of incarcerated individuals while participating   in temporary release programs outside the premises of institutions,  and   such  allowances  may  be  granted,  withheld, forfeited or cancelled in   whole or in part for behavior outside the premises of an institution  to   the  same  extent  and in the same manner as is provided for behavior of   incarcerated individuals within the premises of institutions.4. An incarcerated individual who is in violation of the provisions of   his or her temporary release program may be taken into  custody  by  any   peace  officer  or  police  officer and, in such event, the incarcerated   individual shall be returned forthwith to either  the  institution  that   released  him  or  her,  or to the nearest secure facility where greater   security is indicated. In any case where the institution is in a  county   other  than the one in which the incarcerated individual is apprehended,   the officer may deliver  the  incarcerated  individual  to  the  nearest   institution,  jail  or  lockup and it shall be the duty of the person in   charge of said facility to hold such  incarcerated  individual  securely   until such time as he or she is delivered into the custody of an officer   of  the  institution  from which he or she was released. Upon delivering   the incarcerated individual to an institution,  jail  or  lockup,  other   than  the  one  from which the incarcerated individual was released, the   officer who apprehended  the  incarcerated  individual  shall  forthwith   notify the superintendent of the institution from which the incarcerated   individual  was  released and it shall be the duty of the superintendent    to effect the expeditious return of the incarcerated individual  to  the   institution.5.  Upon the conclusion or termination of a temporary release program,   a full report of  the  incarcerated  individual's  performance  in  such   program  shall  be  prepared  in  accordance  with  regulations  of  the   commissioner.   Such  report  shall  include  but  not  be  limited  to:   adjustment to release, supervision contacts, statement of any violations   of  the  terms and conditions of release and of any disciplinary actions   taken, and an assessment of the  incarcerated  individual's  suitability   for  parole.  Such  report shall be made available to the state board of   parole for  the  incarcerated  individual's  next  scheduled  appearance   before such board.* NB Effective until September 1, 2023* §  854.  Conduct  of  incarcerated individuals participating in work   release program. 1. An incarcerated individual who is permitted to leave   the premises of an institution to  participate  in  a  program  of  work   release shall have on his or her person a copy of the memorandum of that   program  as  signed  by the warden of the institution at all times while   outside the premises of the institution and shall exhibit such  copy  to   any peace officer upon request of the officer.2.  If  the  incarcerated  individual  violates  any  provision of the   program, or any rule or regulation promulgated by  the  commissioner  of   corrections  and  community  supervision  for  conduct  of  incarcerated   individuals participating in work release programs, he or she  shall  be   subject  to  disciplinary  measures  to  the same extent as if he or she   violated a rule  or  regulation  of  the  commissioner  for  conduct  of   incarcerated individuals within the premises of the institution.3. The provisions of this chapter relating to good behavior allowances   shall  apply to behavior of incarcerated individuals while participating   in work release programs outside the premises of institutions, and  such   allowances  may be granted, withheld, forfeited or cancelled in whole or   in part for behavior outside the premises of an institution to the  same   extent   and  in  the  same  manner  as  is  provided  for  behavior  of   incarcerated individuals within the premises of institutions.4. An incarcerated individual who is in violation of the provisions of   his or her work release program may be taken into custody by  any  peace   officer  and,  in  such  event,  the  incarcerated  individual  shall be   returned forthwith to the institution that released him or her.  In  any   case  where  the  institution is in a county other than the one in which   the incarcerated individual is apprehended, the officer may deliver  the   incarcerated  individual  to the nearest institution, jail or lockup and   it shall be the duty of the person in charge of said  facility  to  hold   such  incarcerated  individual  securely until such time as he or she is   delivered into custody of an officer of the institution from which he or   she was released. Upon delivering  the  incarcerated  individual  to  an   institution, jail or lockup, other than the one from which he or she was   released,  the peace officer who apprehended the incarcerated individual   shall forthwith notify the warden of  the  institution  from  which  the   incarcerated  individual  was  released  and it shall be the duty of the   warden to effect the expeditious return of the  incarcerated  individual   to the institution.* NB Effective September 1, 2023