2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 851 - Definitions.

* § 851. Definitions. As used in this article the following terms have
the following meanings:
1.  "Institution"  means any institution under the jurisdiction of the
state  department  of  corrections  and  community  supervision  or   an
institution   designated   by   the  commissioner  pursuant  to  section
seventy-two-a of this chapter.
2. "Eligible incarcerated individual" means: a person confined  in  an
institution  who  is  eligible  for release on parole or who will become
eligible for release on parole or conditional release within two  years.
Provided,  however,  that a person under sentence for an offense defined
in paragraphs (a) and (b) of subdivision one of  section  70.02  of  the
penal  law,  where  such offense involved the use or threatened use of a
deadly  weapon  or  dangerous  instrument  shall  not  be  eligible   to
participate  in  a  work release program until he or she is eligible for
release on parole or who will be  eligible  for  release  on  parole  or
conditional  release within eighteen months. Provided, further, however,
that a person under a determinate  sentence  as  a  second  felony  drug
offender  for  a  class  B felony offense defined in article two hundred
twenty of the penal law, who was sentenced pursuant to section 70.70  of
such  law,  shall  not be eligible to participate in a temporary release
program until  the  time  served  under  imprisonment  for  his  or  her
determinate  sentence,  including any jail time credited pursuant to the
provisions of article seventy of  the  penal  law,  shall  be  at  least
eighteen  months.  In  the  case  of  a  person serving an indeterminate
sentence of imprisonment imposed pursuant to the  penal  law  in  effect
after  September  one, nineteen hundred sixty-seven, for the purposes of
this article parole eligibility shall be  upon  the  expiration  of  the
minimum period of imprisonment fixed by the court or where the court has
not  fixed  any period, after service of the minimum period fixed by the
state board of parole. If an incarcerated individual is  denied  release
on  parole, such incarcerated individual shall not be deemed an eligible
incarcerated individual until he or she is within two years  of  his  or
her next scheduled appearance before the state parole board. In any case
where  an  incarcerated  individual  is  denied  release on parole while
participating in a  temporary  release  program,  the  department  shall
review  the  status  of  the  incarcerated  individual  to  determine if
continued placement in the program is appropriate. No  person  convicted
of  any escape or absconding offense defined in article two hundred five
of the penal law shall be eligible for temporary  release.  Further,  no
person  under  sentence  for  aggravated harassment of an employee by an
incarcerated individual as defined in section 240.32 of  the  penal  law
for,  any homicide offense defined in article one hundred twenty-five of
the penal law, for any sex offense defined in article one hundred thirty
of the penal law, or for an offense defined in section 255.25, 255.26 or
255.27 of the penal law shall be  eligible  to  participate  in  a  work
release  program  as  defined  in subdivision three of this section. Nor
shall any person under sentence for any sex offense defined  in  article
one  hundred  thirty  of  the  penal law be eligible to participate in a
community services program  as  defined  in  subdivision  five  of  this
section.  Notwithstanding  the  foregoing, no person who is an otherwise
eligible incarcerated individual who  is  under  sentence  for  a  crime
involving:  (a)  infliction  of  serious physical injury upon another as
defined in the penal law or (b) any other offense involving the  use  or
threatened use of a deadly weapon may participate in a temporary release
program   without   the   written  approval  of  the  commissioner.  The
commissioner  shall  promulgate  regulations  giving  direction  to  the
temporary  release  committee  at  each institution in order to aid such
committees in carrying out this mandate.
The  governor,  by  executive  order,  may  exclude   or   limit   the
participation   of   any   class   of  otherwise  eligible  incarcerated
individuals from participation in a temporary release  program.  Nothing
in  this  paragraph  shall be construed to affect either the validity of
any  executive  order  previously  issued  limiting the participation of
otherwise eligible incarcerated  individuals  in  such  program  or  the
authority of the commissioner to impose appropriate regulations limiting
such participation.
2-a.  Notwithstanding  subdivision  two  of  this  section,  the  term
"eligible incarcerated individual" shall also include a person  confined
in  an  institution  who  is  eligible for release on parole or who will
become eligible for release on parole or conditional release within  two
years, and who was convicted of a homicide offense as defined in article
one  hundred  twenty-five of the penal law or an assault offense defined
in article one hundred twenty of the penal law, and who can  demonstrate
to the commissioner that: (a) the victim of such homicide or assault was
a  member of the incarcerated individual's immediate family as that term
is defined in section 120.40 of the penal law or had a child  in  common
with  the  incarcerated  individual; (b) the incarcerated individual was
subjected  to  substantial  physical,  sexual  or  psychological   abuse
committed  by the victim of such homicide or assault; and (c) such abuse
was a substantial factor  in  causing  the  incarcerated  individual  to
commit  such  homicide  or  assault.  With  respect  to  an incarcerated
individual's claim that he or she was subjected to substantial physical,
sexual  or  psychological  abuse   committed   by   the   victim,   such
demonstration shall include corroborative material that may include, but
is not limited to, witness statements, social services records, hospital
records,  law  enforcement  records  and  a  showing  based  in  part on
documentation prepared at or near the time  of  the  commission  of  the
offense  or  the prosecution thereof tending to support the incarcerated
individual's  claim.  Prior  to  making  a  determination   under   this
subdivision,  the  commissioner  is  required  to  request and take into
consideration the opinion of the district attorney  who  prosecuted  the
underlying homicide or assault offense and the opinion of the sentencing
court.  If  such  opinions  are  received  within forty-five days of the
request, the commissioner shall take them into  consideration.  If  such
opinions  are  not  so  received,  the commissioner may proceed with the
determination.  Any  action  by  the  commissioner  pursuant   to   this
subdivision  shall  be  deemed  a  judicial  function  and  shall not be
reviewable in any court.
2-b. When calculating in advance the date on which a person is or will
be eligible for release on parole or conditional release,  for  purposes
of  determining eligibility for temporary release or for placement at an
alcohol  and  substance  abuse   treatment   correctional   annex,   the
commissioner shall consider and include credit for all potential credits
and reductions including but not limited to merit time and good behavior
allowances.   Nothing  in  this  subdivision  shall  be  interpreted  as
precluding the consideration and inclusion of credit for  all  potential
credits  and  reductions  including,  but not limited to, merit time and
good behavior allowances when  calculating  in  advance  for  any  other
purpose the date on which a person is or will be eligible for release on
parole or conditional release.
3.  "Work  release  program"  means  a  program  under  which eligible
incarcerated individuals may be granted the  privilege  of  leaving  the
premises  of an institution for a period not exceeding fourteen hours in
any day for the purpose of on-the-job training or employment, or for any
matter necessary to the furtherance of  any  such  purposes.  No  person
shall  be  released  into a work release program unless prior to release

such person has a reasonable assurance of  a  job  training  program  or
employment.  If  after  release,  such  person  ceases to be employed or
ceases  to  participate  in  the  training  program,  the   incarcerated
individual's  privilege  to participate in such work release program may
be revoked in accordance with rules and regulations promulgated  by  the
commissioner.
4.   "Furlough   program"   means   a  program  under  which  eligible
incarcerated individuals may be granted the  privilege  of  leaving  the
premises of an institution for a period not exceeding seven days for the
purpose  of  seeking employment, maintaining family ties, solving family
problems,  seeking  post-release   housing,   attending   a   short-term
educational  or  vocational training course, or for any matter necessary
to the furtherance of any such purposes.
5. "Community services program" means a program under  which  eligible
incarcerated  individuals  may  be  granted the privilege of leaving the
premises of an institution for a period not exceeding fourteen hours  in
any  day  for  the  purpose  of  participation  in  religious  services,
volunteer work, or athletic events, or for any matter necessary  to  the
furtherance of any such purposes.
6.  "Leave  of  absence"  means a privilege granted to an incarcerated
individual, who need not be an "eligible  incarcerated  individual,"  to
leave the premises of an institution for the period of time necessary:
(a)  to  visit  his or her spouse, child, brother, sister, grandchild,
parent, grandparent or ancestral aunt or uncle during his  or  her  last
illness if death appears to be imminent;
(b) to attend the funeral of such individual;
(c)  to  undergo surgery or to receive medical or dental treatment not
available in the correctional  institution  only  if  deemed  absolutely
necessary  to  the  health and well-being of the incarcerated individual
and whose approval  is  granted  by  the  commissioner  or  his  or  her
designated representative.
7.  "Educational  leave"  means  a  privilege  granted  to an eligible
incarcerated individual to leave the premises of an  institution  for  a
period  not  exceeding  fourteen  hours  in  any  day for the purpose of
education or vocational training, or for any  matter  necessary  to  the
furtherance of any such purposes.
8.  "Industrial  training  leave"  means  a  privilege  granted  to an
eligible incarcerated individual to leave the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose  of
participating  in  an  industrial  training  program,  or for any matter
necessary to the furtherance of any such purpose.
9. "Temporary release program"  means  a  "work  release  program,"  a
"furlough  program,"  a  "community  services  program,"  an "industrial
training leave," an "educational leave," or a "leave of absence."
10. "Extended bounds of  confinement"  means  the  area  in  which  an
incarcerated individual participating in a temporary release program may
travel,  the  routes he or she is permitted to use, the places he or she
is authorized to visit, and the hours, days, or specially defined period
during which he or she is permitted to be absent from  the  premises  of
the institution.
11. "Temporary release committee" means the body of persons, which may
include  members  of  the  public,  appointed  pursuant  to  regulations
promulgated by  the  commissioner  to  serve  at  the  pleasure  of  the
commissioner  for  the  purpose  of  formulating, modifying and revoking
temporary release programs at an institution.
12. "Superintendent" means the person in charge of an institution,  by
whatever title he or she may be known.
* NB Effective until September 1, 2025
* § 851. Definitions. As used in this article the following terms have
the following meanings:
1.  "Institution"  means any institution under the jurisdiction of the
state department of corrections and community supervision.
2. "Eligible incarcerated individual" means: a person confined  in  an
institution  who  is  eligible  for release on parole or who will become
eligible for release on parole or conditional release within two  years.
Provided,  that a person under a determinate sentence as a second felony
drug offender for a class  B  felony  offense  defined  in  article  two
hundred  twenty  of the penal law, who was sentenced pursuant to section
70.70 of such law, shall not be eligible to participate in  a  temporary
release  program until the time served under imprisonment for his or her
determinate sentence, including any jail time credited pursuant  to  the
provisions  of  article  seventy  of  the  penal  law, shall be at least
eighteen months. In the  case  of  a  person  serving  an  indeterminate
sentence  of  imprisonment  imposed  pursuant to the penal law in effect
after September one, nineteen hundred sixty-seven, for the  purposes  of
this  article  parole  eligibility  shall  be upon the expiration of the
minimum period of imprisonment fixed by the court or where the court has
not fixed any period, after service of the minimum period fixed  by  the
state  board  of parole. If an incarcerated individual is denied release
on parole, such incarcerated individual shall not be deemed an  eligible
incarcerated  individual  until  he or she is within two years of his or
her next scheduled appearance before the state parole board. In any case
where an incarcerated individual  is  denied  release  on  parole  while
participating  in  a  temporary  release  program,  the department shall
review the  status  of  the  incarcerated  individual  to  determine  if
continued  placement  in the program is appropriate. No person convicted
of any escape or absconding offense defined in article two hundred  five
of  the penal law shall be eligible for temporary release. Nor shall any
person under sentence for any sex offense defined in article one hundred
thirty of the penal law  be  eligible  to  participate  in  a  community
services  program  as  defined  in  subdivision  five  of  this section.
Notwithstanding the foregoing, no person who is  an  otherwise  eligible
incarcerated individual who is under sentence for a crime involving: (a)
infliction  of  serious  physical  injury upon another as defined in the
penal law, (b) a sex offense involving forcible compulsion, or  (c)  any
other offense involving the use or threatened use of a deadly weapon may
participate  in a temporary release program without the written approval
of the  commissioner.  The  commissioner  shall  promulgate  regulations
giving  direction to the temporary release committee at each institution
in order to aid such committees in carrying out this mandate.
The  governor,  by  executive  order,  may  exclude   or   limit   the
participation   of   any   class   of  otherwise  eligible  incarcerated
individuals from participation in a temporary release  program.  Nothing
in  this  paragraph  shall be construed to affect either the validity of
any executive order previously  issued  limiting  the  participation  of
otherwise  eligible  incarcerated  individuals  in  such  program or the
authority of the commissioner to impose appropriate regulations limiting
such participation.
3. "Work  release  program"  means  a  program  under  which  eligible
incarcerated  individuals  may  be  granted the privilege of leaving the
premises of an institution for a period not exceeding fourteen hours  in
any day for the purpose of on-the-job training or employment, or for any
matter  necessary  to  the  furtherance  of any such purposes. No person
shall be released into a work release program unless  prior  to  release
such  person  has  a  reasonable  assurance of a job training program or
employment. If after release, such  person  ceases  to  be  employed  or

ceases   to  participate  in  the  training  program,  the  incarcerated
individual's privilege to participate in such work release  program  may
be  revoked  in accordance with rules and regulations promulgated by the
commissioner.
4.   "Furlough   program"   means   a  program  under  which  eligible
incarcerated individuals may be granted the  privilege  of  leaving  the
premises of an institution for a period not exceeding seven days for the
purpose  of  seeking employment, maintaining family ties, solving family
problems,  seeking  post-release   housing,   attending   a   short-term
educational  or  vocational training course, or for any matter necessary
to the furtherance of any such purposes.
5. "Community services program" means a program under  which  eligible
incarcerated  individuals  may  be  granted the privilege of leaving the
premises of an institution for a period not exceeding fourteen hours  in
any  day  for  the  purpose  of  participation  in  religious  services,
volunteer work, or athletic events, or for any matter necessary  to  the
furtherance of any such purposes.
6.  "Leave  of  absence"  means a privilege granted to an incarcerated
individual, who need not be an "eligible  incarcerated  individual,"  to
leave the premises of an institution for the period of time necessary:
(a)  to  visit  his or her spouse, child, brother, sister, grandchild,
parent, grandparent or ancestral aunt or uncle during his  or  her  last
illness if death appears to be imminent;
(b) to attend the funeral of such individual;
(c)  to  undergo surgery or to receive medical or dental treatment not
available in the correctional  institution  only  if  deemed  absolutely
necessary  to  the  health and well-being of the incarcerated individual
and whose approval  is  granted  by  the  commissioner  or  his  or  her
designated representative.
7.  "Educational  leave"  means  a  privilege  granted  to an eligible
incarcerated individual to leave the premises of an  institution  for  a
period  not  exceeding  fourteen  hours  in  any  day for the purpose of
education or vocational training, or for any  matter  necessary  to  the
furtherance of any such purposes.
8.  "Industrial  training  leave"  means  a  privilege  granted  to an
eligible incarcerated individual to leave the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose  of
participating  in  an  industrial  training  program,  or for any matter
necessary to the furtherance of any such purpose.
9. "Temporary release program"  means  a  "work  release  program,"  a
"furlough  program,"  a  "community  services  program,"  an "industrial
training leave," an "educational leave," or a "leave of absence."
10. "Extended bounds of  confinement"  means  the  area  in  which  an
incarcerated individual participating in a temporary release program may
travel,  the  routes he or she is permitted to use, the places he or she
is authorized to visit, and the hours, days, or specially defined period
during which he or she is permitted to be absent from  the  premises  of
the institution.
11. "Temporary release committee" means the body of persons, which may
include  members  of  the  public,  appointed  pursuant  to  regulations
promulgated by  the  commissioner  to  serve  at  the  pleasure  of  the
commissioner  for  the  purpose  of  formulating, modifying and revoking
temporary release programs at an institution.
12. "Superintendent" means the person in charge of an institution,  by
whatever title he or she may be known.
* NB  Effective  September  1, 2025 until the expiration of §42 of ch.
60/1994, §10 of ch. 339/1972 and §3 of ch. 554/1986
* § 851. Definitions. As used in this article the following terms have
the following meanings:
1.  "Institution"  means any institution under the jurisdiction of the
state department of corrections and community supervision.
2. "Eligible incarcerated individual" means a person  confined  in  an
institution  where  a  work  release program has been established who is
eligible for release on parole or who will become eligible  for  release
on parole within one year.
3.  "Work  release  program"  means  a  program  under  which eligible
incarcerated individual may be granted  the  privilege  of  leaving  the
premises  of  an  institution  for  the purpose of education, on-the-job
training or employment.
4. "Extended bounds  of  confinement"  means  the  area  in  which  an
incarcerated  individual  participating  in  a  work release program may
travel, the routes he or she is permitted to use, the places he  or  she
is  authorized  to visit, and the hours, not exceeding fourteen hours in
any day, he or she is permitted to be absent from the  premises  of  the
institution.
5.  "Work  release  committee"  means  the  body of persons, which may
include  members  of  the  public,  appointed  pursuant  to  regulations
promulgated   by  the  commissioner  for  the  purpose  of  formulating,
modifying and revoking work release programs at an institution.
6. "Warden" means the person in charge of an institution, by  whatever
title he may be known.
* NB  Effective only upon the expiration of §42 of ch. 60/1994, §10 of
ch. 339/1972 and §3 of ch. 554/1986