2023 New York Laws › COR - Correction › Article 22-A - Prisoner Furloughs › 633 - Procedure for Furlough Release of Eligible Incarcerated Individuals.

* §  633.  Procedure  for  furlough  release  of eligible incarcerated
  individuals. 1. A person confined in a city prison or a county jail  and
  penitentiaries  of  a  county  which  elects  to have this article apply
  thereto who is, or who within  thirty  days  will  become,  an  eligible
  incarcerated  individual,  may  make application to the furlough release
  committee of the institution for permission to participate in a furlough
  program.
2. Any eligible incarcerated individual may make  application  to  the
  furlough  committee  for  leave  of  absence  provided, however, that in
  exigent circumstances such application  may  be  made  directly  to  the
  warden  of the institution and the warden may exercise all of the powers
  of the furlough  committee  subject,  however,  to  any  limitations  or
  requirements  set  forth  in the rules and regulations of the department
  and subject further to the discretion of the commissioner.
3. If the furlough committee determines that a  furlough  program  for
  the  applicant is consistent with the safety of the community, is in the
  best interests of rehabilitation of the  applicant,  and  is  consistent
  with  the  rules  and regulations of the department, the committee, with
  the assistance of the employees designated by the commissioner  pursuant
  to  section  six  hundred  thirty-two  of  this chapter, shall develop a
  suitable furlough program for the applicant.
4. The committee shall then prepare a  memorandum  setting  forth  the
  details  of  the  furlough  program  including  the  extended  bounds of
  confinement and any other matter required by the rules  and  regulations
  of  the  department.  Such memorandum shall be transmitted to the warden
  who may approve or reject  the  program.  If  the  warden  approves  the
  program,  he  shall  indicate  such  approval  in writing by signing the
  memorandum. If the warden rejects the program, such  decision  shall  be
  reviewed by the commissioner.
5. In order for the applicant to accept the furlough program, he shall
  agree  to  be  bound  by  all the terms and conditions thereof and shall
  indicate such  agreement  by  signing  the  memorandum  of  the  program
  immediately below a statement reading as follows:
"I accept the foregoing program and agree to be bound by the terms and
  conditions  thereof. I understand I will be under the supervision of the
  department while I am away from the premises of the  institution  and  I
  agree  to comply with the instructions of any employee of the department
  assigned to supervise me. I will carry a copy of this memorandum  on  my
  person at all times while I am away from the premises of the institution
  and  I  will  exhibit it to any peace officer or police officer upon his
  request. I  understand  that  my  participation  in  the  program  is  a
  privilege  which  may  be revoked at any time, and that if I violate any
  provision of the program I may  be  taken  into  custody  by  any  peace
  officer  or  police  officer  and  I  will  be  subject  to disciplinary
  procedures. I further understand that if I intentionally fail to  return
  to  the  institution at or before the time specified in the memorandum I
  may be found guilty of a misdemeanor."
6. After approving the program of furlough, the warden may then permit
  an eligible incarcerated individual who has accepted such program to  go
  outside  the  premises  of  the  institution  within  the  limits of the
  extended bounds of confinement described in  the  memorandum;  provided,
  however, that no such permission shall become effective in the case of a
  furlough  program  prior  to the time at which the person to be released
  becomes an eligible incarcerated individual.
7. Participation in a furlough release program shall be  a  privilege.
  Nothing  contained  in  this article may be construed to confer upon any
  incarcerated individual the right to  participate,  or  to  continue  to
  participate  in a furlough program. The warden of the institution may at

  any time, and upon recommendation of the furlough committee  or  of  the
  commissioner,   revoke   any   incarcerated  individual's  privilege  to
  participate in a program of furlough.
* NB Repealed September 1, 2025