2023 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, 2025
* 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, 2025
6.  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.