2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 855 - Procedure for Temporary Release of Incarcerated Individuals.

* §  855. Procedure for temporary release of incarcerated individuals.
  1.  A person confined in an institution designated for  the  conduct  of
  work  release  programs  who is an eligible incarcerated individual, may
  make application to the temporary release committee of  the  institution
  for permission to participate in a work release program.
2.  Any  eligible  incarcerated individual may make application to the
  temporary release committee for participation in a furlough  program  or
  community  services  program,  or  for  an  industrial training leave or
  educational leave.
3. Any incarcerated individual may make application to  the  temporary
  release  committee  for  a  leave  of absence provided, however, that in
  exigent circumstances such application  may  be  made  directly  to  the
  superintendent  of  the  institution and the superintendent may exercise
  all of the powers of the temporary release committee  subject,  however,
  to  any limitation or requirement set forth in the rules and regulations
  of  the  department  and  subject  further  to  the  discretion  of  the
  commissioner.  All  leave  of absences provided in exigent circumstances
  shall state the reasons for approval or disapproval of  the  application
  and  shall  be  included  in the incarcerated individual's institutional
  parole file.
4. If the temporary release  committee  determines  that  a  temporary
  release  program  for the applicant is consistent with the safety of the
  community and the welfare of the applicant, and is consistent with rules
  and regulations of the department, the committee, with the assistance of
  the employees  or  unit  designated  by  the  commissioner  pursuant  to
  subdivision  four  of  section  eight hundred fifty-two of this article,
  shall develop a suitable program of temporary release for the applicant.
  Consistent with these provisions, any educational  leave  program  shall
  consider the scheduling of classes to insure a reduction of release time
  not spent in educational pursuits.
5.  The  committee  shall  then prepare a memorandum setting forth the
  details of the temporary release program including the  extended  bounds
  of  confinement and any other matter required by rules or regulations of
  the  department.  Such  memorandum   shall   be   transmitted   to   the
  superintendent  who  may approve or reject the program, subject to rules
  and regulations promulgated by the commissioner. If  the  superintendent
  approves  the program, he or she shall indicate such approval in writing
  by signing the memorandum. If the superintendent rejects the program, he
  or she shall state his or her reasons in writing and a copy  of  his  or
  her  statement  shall be given to the incarcerated individual and to the
  commissioner and such decision shall be reviewed by the commissioner. If
  the commissioner rejects the program, he or she shall state his  or  her
  reasons  in  writing.  A  copy  of  such statement shall be filed in the
  incarcerated individual's institutional file.
6. In order for an applicant to accept a program of temporary release,
  such incarcerated individual 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 that  I  will  be  under  the
  supervision  of  the  state  department  of  corrections  and  community
  supervision while I am away from the premises of the institution  and  I
  agree  to  comply  with  the instructions of any parole officer or other
  employee of the department assigned to supervise me. 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  felony."  Such
  agreement  shall  be  placed  on file at the institution from which such
  temporary release is granted.
7.   After   approving   the   program   of   temporary  release,  the
  superintendent may  then  permit  an  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 work release or furlough program prior to the
  time at which the person to be released becomes an eligible incarcerated
  individual.
8.  At least three days before releasing an incarcerated individual on
  a temporary release program, the superintendent shall notify in  writing
  the  sheriff  or  chief  of  police  of  the  community  into  which the
  incarcerated individual is to be released.
9. Participation in a temporary 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 temporary release program. The superintendent of the
  institution may at any time, and upon recommendation  of  the  temporary
  release committee or of the commissioner or of the chairman of the state
  board  of  parole  or his or her designee shall, revoke any incarcerated
  individual's privilege to participate in a program of temporary  release
  in accordance with regulations promulgated by the commissioner.
* NB Effective until September 1, 2025
* §  853.  Procedure for release of eligible incarcerated individuals.
  1.  A person confined in an institution designated for  the  conduct  of
  work  release programs who is, or who within ninety days will become, an
  eligible incarcerated individual,  may  make  application  to  the  work
  release  committee of the institution for permission to participate in a
  work release program.
2. If the work  release  committee  determines  that  a  work  release
  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 rules and regulations of the commissioner, the
  committee shall develop a suitable  program  of  work  release  for  the
  applicant.
3.  The  committee  shall  then prepare a memorandum setting forth the
  details of the work release program, including the  extended  bounds  of
  confinement and any other matter required by rules or regulations of the
  commissioner. Such memorandum shall be transmitted to the warden who may
  approve or reject the program. If the warden approves the program, he or
  she  shall  indicate such approval in writing by signing the memorandum.
  If the warden rejects the program, such decision shall  be  reviewed  by
  the commissioner.
4.  In  order for an applicant to accept a program of work release, he
  or she 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 that I  will  be  under  the  supervision  of  the
  department of corrections and community supervision while I am away from
  the  premises  of  the  institution  and  I  agree  to  comply  with the
  instructions of any parole officer 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   upon   his  or  her  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 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 felony."
5.  After  approving  the program of work release, 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.
6.  Participation  in  a  work  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 work release program. The warden  of  the  institution
  may  at  any time, and upon recommendation of the work release committee
  or of the chairman of the state board of parole or his or  her  designee
  shall,  revoke any incarcerated individual's privilege to participate in
  a program of work release.
* NB Effective September 1, 2025