NY Corr L § 72 (2021)
2021 New York Laws COR - Correction Article 4 - Establishment of Correctional Facilities, Commitments to Department and Custody of Incacerated Individuals 72 - Confinement of Persons by the Department.

§  72.  Confinement of persons by the department. 1. Except as otherwise   provided in this section, all persons committed, transferred,  certified   to  or placed in the care or custody of the department shall be confined   in  institutions   maintained   by   the   department   until   paroled,   conditionally  released,  transferred  to  the care of another agency or   released or discharged in accordance with the law.2.  The  commissioner,  or  the  superintendent  or  director  of   an   institution  in which an incarcerated individual is confined, may permit   an incarcerated individual to be taken, under guard, to any place or for   any purpose authorized by law, and the  commissioner  must  provide  for   delivery  of an incarcerated individual, under guard, to any place where   his presence is required pursuant to  an  order  of  a  court  that  has   authority to require his presence.2-a.  The  commissioner, superintendent, or director of an institution   in  which  an  incarcerated  individual  is  confined,  may  permit   an   incarcerated  individual,  wishing  to  do  so, to leave the institution   under guard for the purpose of performing volunteer  labor  or  services   when  in  the public interest upon the threat or occurrence of a natural   disaster, including but not limited  to  flood,  earthquake,  hurricane,   landslide  or  fire. An incarcerated individual may also be permitted to   leave the institution under guard to  voluntarily  perform  work  for  a   nonprofit  organization  pursuant  to  this subdivision. As used in this   subdivision, the term "nonprofit  organization"  means  an  organization   operated exclusively for religious, charitable, or educational purposes,   no  part  of  the  net  earnings  of  which inures to the benefit of any   private shareholder or individual.2-b.  The  commissioner,  or  his  designee  as  authorized   by   the   commissioner,  may  permit  an incarcerated individual to be taken under   guard to any place to participate in an industrial training program.3. The  superintendent  or  director  of  an  institution  may  permit   incarcerated  individuals  to  leave  the institution for the purpose of   performing maintenance work or farm work, or any other work necessary or   appropriate for the upkeep, operations or business of the institution or   the department.4. Any incarcerated individual  who  is  confined  in  a  correctional   facility  and who is eligible for parole or who will become eligible for   parole within two years or who has one year  or  less  remaining  to  be   served  under his or her sentence may be transferred by the commissioner   to a correctional camp and may be permitted, by the  superintendent,  to   leave  the  camp  to  engage in conservation or forestry work or for any   purpose permitted under subdivisions two, two-a, two-b and three of this   section.* 5.  An  incarcerated  individual  may  be  permitted  to  leave  the   institution  to participate in a temporary release program in accordance   with the provisions of article twenty-six of this chapter.* NB Effective until September 1, 2023* 5. An incarcerated individual of a  work  release  facility  may  be   permitted to leave the facility to participate in a work release program   in accordance with the provisions of article twenty-six of this chapter.* NB Effective September 1, 20236.  An incarcerated individual of a residential treatment facility may   be permitted to leave such facility in accordance with the provisions of   section seventy-three of this article.7. An incarcerated individual of a  shock  incarceration  correctional   facility  may  be  permitted  to  leave  the  facility to participate in   programs in accordance with the provisions of  article  twenty-six-A  of   this chapter. 8. In any case where the decision to permit an incarcerated individual   to  leave an institution is made by a person other than the commissioner   or a deputy commissioner of correction such action  and  the  manner  in   which it is carried out shall be in strict accordance with the rules and   regulations  of  the department. Such rules and regulations may restrict   or limit the authority of the superintendent or director in  any  manner   deemed advisable by the commissioner.9.  The  provisions  of  this  section  shall not be construed in such   manner as to be in conflict with any provision of law that  specifically   provides  for  circumstances under which incarcerated individuals may be   permitted to leave institutions.