2023 New York Laws › COR - Correction › Article 27 - Work Release Program for County Jails › 871 - Procedures.

§  871. Procedures.  (a) Any prisoner sentenced to and confined in any
jail for which the sheriff has established a work  release  program  may
apply  to  the  sheriff  for  permission to participate in such program.
Pursuant to  rules  and  regulations  promulgated  by  the  sheriff  and
approved  by the state commission of correction, the sheriff may approve
or disapprove the application. In the event  of  approval,  the  sheriff
shall  prepare  a  specific,  written work release plan for the prisoner
which shall contain  such  terms  and  conditions  as  shall  be  deemed
reasonably  proper  and necessary. The prisoner shall signify in writing
his agreement to the terms of the work release plan in such form as  the
sheriff  shall  specify  and  a  copy  of the work release plan shall be
delivered to the prisoner prior to his participation therein.  The  work
release plan may be revoked, suspended or modified by the sheriff at any
time  for  good  cause,  with  or  without  notice  to the prisoner. Any
disapproval, revocation, suspension or modification of  a  work  release
application  or  plan  shall  be  reviewable  by the state commission of
correction upon written request of the prisoner which shall be forwarded
immediately to the commission  by  the  sheriff.  The  decision  of  the
commission shall be final and not be subject to judicial review.
(b)  The  sheriff  shall  appoint a committee, to be known as the work
release committee, composed  of  at  least  one  member  of  the  county
department  of probation and of such members of the staff of the jail of
confinement as he shall deem proper. The work release committee may also
include such other persons whom the sheriff may deem  proper,  and  such
persons  shall  be  selected  upon  the  basis  of  their  knowledge and
experience in the field of penology,  law,  medicine,  labor,  commerce,
theology  or  social services. The committee shall advise and assist the
sheriff in administering the work release  program,  provided,  however,
that any determination to approve, disapprove, revoke, suspend or modify
any work release application or plan shall rest solely in the discretion
of  the sheriff subject to review by the commission of correction as set
forth in subdivision (a) of this section.
(c) The sheriff  and  work  release  committee  may  assist  prisoners
seeking  admission  to  the  work  release  program  in securing gainful
employment or participation in a publicly or privately sponsored program
of vocational training.
(d) A work release plan may include employment within a  county  other
than  that  in which the jail of confinement is located. The sheriff may
arrange with the sheriff or the superintendent or other person in charge
of a jail or penitentiary of any other county which has adopted  a  work
release  program  to  maintain  custody of any prisoner employed in such
other county during the period of employment or until his discharge from
confinement, whichever shall occur first. In such event, the sheriff  or
superintendent  of  the  jail or penitentiary having such custody of the
prisoner shall dispose of the  earnings  of  the  prisoner  pursuant  to
section eight hundred seventy-two of this article.