2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 852 - Establishment of Temporary Release.

* §  852.  Establishment  of  temporary  release. 1. The commissioner,
guided by consideration for the safety of the community and the  welfare
of  the  incarcerated individual, shall review and evaluate all existing
rules, regulations and directives relating to current temporary  release
programs  and  consistent  with  the  provisions of this article for the
administration of temporary release programs  shall  by  January  first,
nineteen  hundred seventy-eight promulgate new rules and regulations for
the various forms of temporary release. Such rules and regulations shall
reflect the purposes of the different programs and shall include but not
be limited to selection criteria, supervision  and  procedures  for  the
disposition of each application.
2. The commissioner shall appoint or cause to be appointed a temporary
release  committee  for each institution which shall meet on a regularly
scheduled basis to review all applications for temporary release.
3. Work release programs  may  be  established  only  at  institutions
classified  by  the commissioner as work release facilities. Educational
release  programs  may  be  established  only   at   those   educational
institutions  which  shall maintain attendance records for participating
incarcerated individuals.
4. The commissioner shall designate in the rules  and  regulations  of
the  department  appropriate  employees  or  an  appropriate unit of the
department to be responsible  for  (a)  securing  education,  on-the-job
training  and  employment opportunities for incarcerated individuals who
are eligible to participate in a work release program, and (b) assisting
such incarcerated individuals in  such  other  manner  as  necessary  or
desirable to assure the success of the program.
5.  All  incarcerated  individuals  participating in temporary release
programs shall be assigned to parole officers for supervision.  As  part
of  the  parole  officer's  supervisory  functions  he  or  she shall be
required to provide  reports  every  two  months  on  each  incarcerated
individual  under his or her supervision. Such reports shall include but
not be limited to:
(a) an evaluation of the individual's participation in such program;
(b) a statement of any problems and the manner in which such  problems
were   resolved  relative  to  an  individual's  participation  in  such
programs; and
(c) a  recommendation  with  respect  to  the  individual's  continued
participation in the program.
* NB Effective until September 1, 2025
* §  852.  Establishment  of  work  release.  1.  The  commissioner of
correction shall designate one or more institutions for the  conduct  of
work  release programs. Upon such designation the commissioner, with the
approval of the chairman of the board of parole, shall promulgate  rules
and  regulations  consistent with the provisions of this article for the
administration of work release programs at any  institution  designated,
and  shall appoint or cause to be appointed a work release committee for
such institution.
2. The  department  shall  be  responsible  for  securing  appropriate
education, on-the-job training and employment opportunities for eligible
incarcerated  individuals  and  shall supervise incarcerated individuals
during their participation in work release programs outside the premises
of institutions.
* NB Effective September 1, 2025