2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 856 - Conduct of Incarcerated Individuals Participating in a Temporary Release Program.

* §  856.  Conduct  of  incarcerated  individuals  participating  in a
  temporary  release  program.  1.  An  incarcerated  individual  who   is
  permitted  to  leave  the premises of an institution to participate in a
  temporary release program shall  have  on  his  or  her  person  a  card
  identifying  him  or her as a participant in a temporary release program
  as signed by the superintendent of the institution at  all  times  while
  outside  the  premises of the institution and shall exhibit such card to
  any peace officer or police officer upon request of  such  officer.  The
  commissioner  may,  by  regulation,  require such information, including
  effective dates, to be included in such card as he  or  she  shall  deem
  necessary and proper.
2.  If  the  incarcerated  individual  violates  any  provision of the
  program, or any rule or regulation promulgated by the  commissioner  for
  conduct  of  incarcerated individuals participating in temporary release
  programs, such incarcerated individual shall be subject to  disciplinary
  measures  to  the  same  extent  as  if  he  or  she  violated a rule or
  regulation of the commissioner for conduct of  incarcerated  individuals
  within  the  premises of the institution. The failure of an incarcerated
  individual to voluntarily return  to  the  institution  of  his  or  her
  confinement  more  than  ten  hours  after his or her prescribed time of
  return shall create a rebuttable presumption that the failure to  return
  was  intentional.  Any  incarcerated  individual  who  is  found to have
  intentionally failed to return pursuant to this subdivision shall be  an
  absconder  in violation of his or her temporary release program and will
  not be an eligible incarcerated individual as defined in subdivision two
  of section eight hundred fifty-one of this chapter. The creation of such
  rebuttable presumption shall not be admissible in any court  of  law  as
  evidence of the commission of any crime defined in the penal law. A full
  report of any such violation, a summary of the facts and findings of the
  disciplinary  hearing  and  disciplinary  measures  taken, shall be made
  available to the board for the incarcerated individual's next  scheduled
  appearance  before  the  state  board of parole including any defense or
  explanation offered by the incarcerated individual in response  at  such
  hearing.
3. The provisions of this chapter relating to good behavior allowances
  shall  apply to behavior of incarcerated individuals while participating
  in temporary release programs outside the premises of institutions,  and
  such  allowances  may  be  granted,  withheld, forfeited or cancelled in
  whole or in part for behavior outside the premises of an institution  to
  the  same  extent  and in the same manner as is provided for behavior of
  incarcerated individuals within the premises of institutions.
4. An incarcerated individual who is in violation of the provisions of
  his or her temporary release program may be taken into  custody  by  any
  peace  officer  or  police  officer and, in such event, the incarcerated
  individual shall be returned forthwith to either  the  institution  that
  released  him  or  her,  or to the nearest secure facility where greater
  security is indicated. In any case where the institution is in a  county
  other  than the one in which the incarcerated individual is apprehended,
  the officer may deliver  the  incarcerated  individual  to  the  nearest
  institution,  jail  or  lockup and it shall be the duty of the person in
  charge of said facility to hold such  incarcerated  individual  securely
  until such time as he or she is delivered into the custody of an officer
  of  the  institution  from which he or she was released. Upon delivering
  the incarcerated individual to an institution,  jail  or  lockup,  other
  than  the  one  from which the incarcerated individual was released, the
  officer who apprehended  the  incarcerated  individual  shall  forthwith
  notify the superintendent of the institution from which the incarcerated
  individual  was  released and it shall be the duty of the superintendent

  to effect the expeditious return of the incarcerated individual  to  the
  institution.
5.  Upon the conclusion or termination of a temporary release program,
  a full report of  the  incarcerated  individual's  performance  in  such
  program  shall  be  prepared  in  accordance  with  regulations  of  the
  commissioner.   Such  report  shall  include  but  not  be  limited  to:
  adjustment to release, supervision contacts, statement of any violations
  of  the  terms and conditions of release and of any disciplinary actions
  taken, and an assessment of the  incarcerated  individual's  suitability
  for  parole.  Such  report shall be made available to the state board of
  parole for  the  incarcerated  individual's  next  scheduled  appearance
  before such board.
* NB Effective until September 1, 2025
* §  854.  Conduct  of  incarcerated individuals participating in work
  release program. 1. An incarcerated individual who is permitted to leave
  the premises of an institution to  participate  in  a  program  of  work
  release shall have on his or her person a copy of the memorandum of that
  program  as  signed  by the warden of the institution at all times while
  outside the premises of the institution and shall exhibit such  copy  to
  any peace officer upon request of the officer.
2.  If  the  incarcerated  individual  violates  any  provision of the
  program, or any rule or regulation promulgated by  the  commissioner  of
  corrections  and  community  supervision  for  conduct  of  incarcerated
  individuals participating in work release programs, he or she  shall  be
  subject  to  disciplinary  measures  to  the same extent as if he or she
  violated a rule  or  regulation  of  the  commissioner  for  conduct  of
  incarcerated individuals within the premises of the institution.
3. The provisions of this chapter relating to good behavior allowances
  shall  apply to behavior of incarcerated individuals while participating
  in work release programs outside the premises of institutions, and  such
  allowances  may be granted, withheld, forfeited or cancelled in whole or
  in part for behavior outside the premises of an institution to the  same
  extent   and  in  the  same  manner  as  is  provided  for  behavior  of
  incarcerated individuals within the premises of institutions.
4. An incarcerated individual who is in violation of the provisions of
  his or her work release program may be taken into custody by  any  peace
  officer  and,  in  such  event,  the  incarcerated  individual  shall be
  returned forthwith to the institution that released him or her.  In  any
  case  where  the  institution is in a county other than the one in which
  the incarcerated individual is apprehended, the officer may deliver  the
  incarcerated  individual  to the nearest institution, jail or lockup and
  it shall be the duty of the person in charge of said  facility  to  hold
  such  incarcerated  individual  securely until such time as he or she is
  delivered into custody of an officer of the institution from which he or
  she was released. Upon delivering  the  incarcerated  individual  to  an
  institution, jail or lockup, other than the one from which he or she was
  released,  the peace officer who apprehended the incarcerated individual
  shall forthwith notify the warden of  the  institution  from  which  the
  incarcerated  individual  was  released  and it shall be the duty of the
  warden to effect the expeditious return of the  incarcerated  individual
  to the institution.
* NB Effective September 1, 2025