reglab/statecodes huggingface dataset:
2023 New York Laws › COR - Correction › Article 23 - Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law › 703-A - Certificate of Good Conduct.

§ 703-a. Certificate of good conduct. 1. A certificate of good conduct
  may  be  granted as provided in this section to relieve an individual of
  any disability, or to remove any bar to  his  employment,  automatically
  imposed  by  law  by  reason  of  his  conviction of the crime or of the
  offense specified therein. Such certificate may be  limited  to  one  or
  more  enumerated  disabilities or bars, or may relieve the individual of
  all disabilities and bars.
2. Notwithstanding any other provision of law, a conviction of a crime
  or of an offense specified in a certificate of good conduct shall not be
  deemed to be a conviction within the meaning of  any  provision  of  law
  that  imposes,  by  reason  of  a conviction, a bar to any employment, a
  disability to exercise any right, or a disability to  apply  for  or  to
  receive  any license, permit, or other authority or privilege covered by
  the certificate; and provided, however, that a conviction  for  a  class
  A-I felony or a violent felony offense, as defined in subdivision one of
  section  70.02  of the penal law, shall impose a disability to apply for
  or receive a license or permit issued pursuant to section 400.00 of  the
  penal law.
3.  A  certificate  of  good  conduct  shall  not, however, in any way
  prevent any judicial administrative, licensing or other body,  board  or
  authority   from   considering   the  conviction  specified  therein  in
  accordance  with  the  provisions  of  article  twenty-three-a  of  this
  chapter.
2023 New York Laws › COR - Correction › Article 23 - Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law › 704 - Effect of Revocation; Use of Revoked Certificate.

§  704.  Effect of revocation; use of revoked certificate.  1. Where a
  certificate of relief from disabilities is deemed to  be  temporary  and
  such  certificate  is  revoked,  disabilities  and  forfeitures  thereby
  relieved shall be reinstated as of the date upon  which  the  person  to
  whom  the  certificate  was  issued  receives  written  notice  of  such
  revocation. Any such person shall upon receipt of such notice  surrender
  the certificate to the issuing court or board.
2.  A  person  who  knowingly  uses  or  attempts  to  use,  a revoked
  certificate of relief  from  disabilities  in  order  to  obtain  or  to
  exercise  any right or privilege that he would not be entitled to obtain
  or to exercise  without  a  valid  certificate  shall  be  guilty  of  a
  misdemeanor.
2023 New York Laws › COR - Correction › Article 23 - Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law › 705 - Forms and Filing.

§  705. Forms and filing. 1. All applications, certificates and orders
  of revocation necessary for the purposes of this article shall  be  upon
  forms  prescribed  pursuant to agreement among the state commissioner of
  corrections and community supervision, the chairman of the  state  board
  of  parole  and the administrator of the state judicial conference. Such
  forms relating to certificates of  relief  from  disabilities  shall  be
  distributed by the office of probation and correctional alternatives and
  forms  relating  to certificates of good conduct shall be distributed by
  the  commissioner  of  the  department  of  corrections  and   community
  supervision.
2.  Any  court  or  department  issuing  or  revoking  any certificate
  pursuant  to  this  article  shall  immediately  file  a  copy  of   the
  certificate,  or  of  the  order  of revocation, with the New York state
  identification and intelligence system.
2023 New York Laws › COR - Correction › Article 23 - Discretionary Relief From Forfeitures and Disabilities Automatically Imposed by Law › 706 - Certificate Not to Be Deemed to Be a Pardon.

§ 706. Certificate not to be deemed to be a pardon.  Nothing contained
  in  this  article shall be deemed to alter or limit or affect the manner
  of applying for pardons to  the  governor,  and  no  certificate  issued
  hereunder shall be deemed or construed to be a pardon.
2023 New York Laws › COR - Correction › Article 23-A - Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses › 750 - Definitions.

§  750.  Definitions.  For the purposes of this article, the following
terms shall have the following meanings:
(1) "Public agency" means the state or any local subdivision  thereof,
or any state or local department, agency, board or commission.
(2)  "Private  employer" means any person, company, corporation, labor
organization or association which employs ten or more persons.
(3) "Direct relationship" means that the nature  of  criminal  conduct
for  which  the person was convicted has a direct bearing on his fitness
or ability to perform one or more  of  the  duties  or  responsibilities
necessarily related to the license, opportunity, or job in question.
(4)  "License"  means  any  certificate,  license,  permit or grant of
permission  required  by  the  laws  of  this   state,   its   political
subdivisions or instrumentalities as a condition for the lawful practice
of any occupation, employment, trade, vocation, business, or profession.
Provided,  however,  that  "license" shall not, for the purposes of this
article, include any license or permit to own, possess, carry,  or  fire
any explosive, pistol, handgun, rifle, shotgun, or other firearm.
(5)  "Employment" means any occupation, vocation or employment, or any
form of vocational or  educational  training.  Provided,  however,  that
"employment"  shall  not,  for  the  purposes  of  this article, include
membership in any law enforcement agency.
2023 New York Laws › COR - Correction › Article 23-A - Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses › 751 - Applicability.

§  751.  Applicability.  The provisions of this article shall apply to
  any application by any person for a license or employment at any  public
  or  private  employer,  who has previously been convicted of one or more
  criminal offenses in this state or in any other jurisdiction, and to any
  license or employment held by any person whose conviction of one or more
  criminal offenses in this state or in any  other  jurisdiction  preceded
  such  employment  or  granting  of  a  license, except where a mandatory
  forfeiture, disability or bar to employment is imposed by law,  and  has
  not  been  removed  by  an  executive pardon, certificate of relief from
  disabilities or certificate of good conduct.  Nothing  in  this  article
  shall be construed to affect any right an employer may have with respect
  to  an  intentional  misrepresentation in connection with an application
  for employment made by a prospective employee or previously  made  by  a
  current employee.
2023 New York Laws › COR - Correction › Article 23-A - Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses › 752 - Unfair Discrimination Against Persons Previously Convicted of One or More Criminal Offenses Prohibited.

§  752.  Unfair discrimination against persons previously convicted of
one or more criminal offenses prohibited. No application for any license
or employment, and no employment or license held by  an  individual,  to
which  the provisions of this article are applicable, shall be denied or
acted  upon  adversely  by  reason  of  the  individual's  having   been
previously convicted of one or more criminal offenses, or by reason of a
finding  of  lack  of  "good moral character" when such finding is based
upon the fact that the individual has previously been convicted  of  one
or more criminal offenses, unless:
(1) there is a direct relationship between one or more of the previous
criminal  offenses and the specific license or employment sought or held
by the individual; or
(2) the issuance or continuation of the license  or  the  granting  or
continuation  of  the  employment  would involve an unreasonable risk to
property or to the safety or welfare  of  specific  individuals  or  the
general public.
2023 New York Laws › COR - Correction › Article 23-A - Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses › 753 - Factors to Be Considered Concerning a Previous Criminal Conviction; Presumption.

§  753.  Factors  to  be  considered  concerning  a  previous criminal
conviction; presumption.  1.  In  making  a  determination  pursuant  to
section  seven  hundred  fifty-two of this chapter, the public agency or
private employer shall consider the following factors:
(a) The public policy of this state, as  expressed  in  this  act,  to
encourage  the  licensure and employment of persons previously convicted
of one or more criminal offenses.
(b) The specific duties and responsibilities  necessarily  related  to
the license or employment sought or held by the person.
(c)  The  bearing,  if any, the criminal offense or offenses for which
the person was previously convicted will have on his fitness or  ability
to perform one or more such duties or responsibilities.
(d)  The  time  which has elapsed since the occurrence of the criminal
offense or offenses.
(e) The age of the person at the time of occurrence  of  the  criminal
offense or offenses.
(f) The seriousness of the offense or offenses.
(g) Any information produced by the person, or produced on his behalf,
in regard to his rehabilitation and good conduct.
(h)  The  legitimate interest of the public agency or private employer
in  protecting  property,  and  the  safety  and  welfare  of   specific
individuals or the general public.
2.  In  making  a  determination  pursuant  to  section  seven hundred
fifty-two of this chapter, the public agency or private  employer  shall
also  give consideration to a certificate of relief from disabilities or
a certificate of good conduct issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to the offense or
offenses specified therein.
2023 New York Laws › COR - Correction › Article 23-A - Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses › 754 - Written Statement Upon Denial of License or Employment.

§ 754. Written statement upon denial of license or employment.  At the
  request  of  any  person  previously  convicted  of one or more criminal
  offenses who has been denied a license or employment, a public agency or
  private employer shall provide, within  thirty  days  of  a  request,  a
  written statement setting forth the reasons for such denial.
2023 New York Laws › COR - Correction › Article 23-A - Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses › 755 - Enforcement.

§  755. Enforcement. 1. In relation to actions by public agencies, the
  provisions of this article shall be enforceable by a proceeding  brought
  pursuant to article seventy-eight of the civil practice law and rules.
2. In relation to actions by private employers, the provisions of this
  article shall be enforceable by the division of human rights pursuant to
  the  powers and procedures set forth in article fifteen of the executive
  law, and, concurrently, by the New York city commission on human rights.
2023 New York Laws › COR - Correction › Article 24 - Provisions Applicable to Sentences Imposed Under the the Revised Penal Plan › 800 - Applicability.

§  800. Applicability.  The provisions of this article shall apply, to
  the exclusion of all other provisions of this chapter relating  to  good
  behavior  allowances,  where  sentence  has been imposed pursuant to the
  provisions of the penal law as enacted by chapter ten hundred thirty  of
  the  laws  of  nineteen  hundred  sixty-five,  as  amended, or where the
  sentence  is  a  reformatory  sentence  of  imprisonment.  Matters   not
  expressly  covered herein or covered in such penal law shall be governed
  by such other provisions of law as may be applicable.
2023 New York Laws › COR - Correction › Article 24 - Provisions Applicable to Sentences Imposed Under the the Revised Penal Plan › 803-A - Certain Calculations.

§  803-a.  Certain calculations. Notwithstanding the provisions of any
  other law, no merit time allowance accrued, earned or  credited  to  any
  person,  pursuant  to any existing or former section eight hundred three
  of this article, while in the custody  of  the  commissioner,  shall  be
  withdrawn,  cancelled,  forfeited  or  otherwise  lost  by virtue of the
  sunset or expiration of any provision of law.
2023 New York Laws › COR - Correction › Article 24 - Provisions Applicable to Sentences Imposed Under the the Revised Penal Plan › 804-A - Good Behavior Allowances for Certain Civil Commitments.

§  804-a.  Good  behavior allowances for certain civil commitments. 1.
  Every person confined in an institution serving a civil commitment for a
  fixed period of time, whose release is  not  conditional  upon  any  act
  within   his   power   to   perform,  may  receive  time  allowances  as
  discretionary reductions of the term of his commitment not to exceed, in
  the aggregate, one-third of  the  term  imposed  by  the  court.    Such
  allowances  may  be  granted for good behavior and efficient and willing
  performance of  duties  assigned  or  progress  and  achievement  in  an
  assigned  treatment program, and may be withheld, forfeited or cancelled
  in whole or in part for bad behavior, violation of  institutional  rules
  or failure to perform properly in the duties or program assigned.
2.  Allowances  based  upon  commitments of less than one month may be
  granted, and in such case the maximum allowances shall be  one  day  for
  every three days of the commitment. In no case, however, shall the total
  of  all  allowances  granted  to any such person exceed one-third of the
  time he would be required to serve,  computed  without  regard  to  this
  section.
3.  No person shall have the right to demand or require the allowances
  authorized by this section. The decision of the sheriff, superintendent,
  warden or other person in charge  of  the  institution,  or  where  such
  institution is under the jurisdiction of a county or city department the
  decision   of   the  head  of  such  department,  as  to  the  granting,
  withholding, forfeiture, cancellation, or restoration of such allowances
  shall be final and shall not be reviewable if made  in  accordance  with
  law.
4.  The state commission of correction shall promulgate record keeping
  rules  and  regulations  for  the  granting,  withholding,   forfeiture,
  cancellation and restoration of allowances authorized by this section.
5.   Upon  commencement  of  any  civil  commitment  as  described  in
  subdivision one of this section, the provisions of this section shall be
  furnished to the person serving the commitment and the meaning  of  same
  shall  be  fully  explained  to  him  by  an  officer  designated in the
  regulation to perform such duty.
2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 853 - Reporting and Information.

§  853.  Reporting and information. To ensure the accurate maintenance
and availability of statistics and records with respect to participation
in  temporary  release  programs,  the  department  shall  maintain  the
following  information  relative  to  the operation of temporary release
programs:
(a) number of incarcerated individual participants in  each  temporary
release program;
(b)  number  of  incarcerated  individuals  participating in temporary
release for whom written  approval  of  the  commissioner  was  required
pursuant  to  subdivision two of section eight hundred fifty-one of this
chapter;
(c)  number  and  type  of  individual  programs  approved  for   each
participant;
(d) approved participating employers and educational institutions;
(e) number of incarcerated individuals arrested;
(f)  incarcerated individuals involuntarily returned for violations by
institution;
(g) absconders still at large;
(h) number of  disciplinary  proceedings  initiated  and  the  results
thereof;
(i)  number  of temporary release committee decisions appealed and the
results thereof by institution;
(j) reports or information  made  available  to  the  department  with
respect  to the participation of individuals in such programs, including
any incidents of absconding or re-arrest.
The  department  shall  also  forward  to  the  state  commission   of
correction   quarterly  reports  including,  but  not  limited  to,  the
information identified in subdivisions (a), (b), (d), (e), (f)  and  (g)
of  this  section and such other information requested by the commission
or available to the department with respect to such programs.
2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 854 - Evaluation and Recommendation.

§  854.  Evaluation and recommendation. In recognition of the need for
  an independent evaluation  of,  and  recommendations  with  respect  to,
  temporary  release,  the  commission  of  correction  shall evaluate and
  assess  the  administration  and  operation  of  all  temporary  release
  programs  conducted  pursuant  to  this  article and shall submit to the
  governor  and  the  legislature  by  March   first,   nineteen   hundred
  seventy-eight,  its  findings  together  with  any  recommendations with
  respect to the proper operation or the  improvement  of  such  temporary
  release programs.
2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 857 - Complaint and Abuse Review.

§  857.  Complaint  and  abuse  review.  Any  person may submit to the
  commission of correction any complaint he or  she  may  have  concerning
  programmatic  abuses.   The commission of correction shall evaluate such
  complaints and, where indicated, conduct any  needed  investigation.  If
  the commission concludes that a complaint is valid, the commission shall
  make  recommendations to the department for corrective action. Where the
  commission believes sufficient evidence exists  to  support  a  criminal
  charge, the commission shall report such evidence to the appropriate law
  enforcement agencies.
2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 859 - When Employment Prohibited.

§  859. When employment prohibited. No employment under a work release
  program may be approved or continued if (a) such employment  results  in
  the displacement of employed workers, or is applied in skills, crafts or
  trades  in  which there is a surplus of available labor in the locality,
  or (b) the rates of pay and other conditions of employment  are  not  at
  least  equal to those paid or provided for work of similar nature in the
  locality in which the work is to be performed, or (c) there is any labor
  strike or  lockout  in  the  establishment  in  which  the  incarcerated
  individual is employed.
2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 860 - Disposition of Earnings.

§  860.  Disposition  of  earnings.  The  earnings  of an incarcerated
  individual participating in a work release  program,  less  any  payroll
  deductions  required  or  authorized by law, shall be turned over to the
  warden who shall deposit  such  receipts  as  incarcerated  individuals'
  funds  pursuant  to  section  one  hundred sixteen of this chapter. Such
  receipts shall not be subject to attachment or garnishment in the  hands
  of  the  warden. The commissioner of correction may authorize the warden
  to make disbursements  of  such  receipts,  and  such  receipts  may  be
  disbursed, for any or all of the following purposes:
1.  Appropriate  and  reasonable  costs  related  to  the incarcerated
  individual's participation in the work release program;
2. Support of the incarcerated individual's dependents;
3. Payment of fines imposed by any court;
4. Payment of any court  ordered  restitution  or  reparation  to  the
  victim of the incarcerated individual's crime.
5. Purchases by the incarcerated individual from the commissary of the
  institution.
The  balance  of  such  receipts,  if any, after disbursements for the
  foregoing purposes shall be paid to  the  incarcerated  individual  upon
  termination of his or her imprisonment.
2023 New York Laws › COR - Correction › Article 26 - Temporary Release Programs for State Correctional Institutions › 861 - Incarcerated Individual Not Agent of State.

§  861.  Incarcerated  individual  not agent of state. An incarcerated
  individual participating in a work release program shall not, merely  by
  reason of such participation, be deemed an agent, employee or servant of
  the  state  while outside the premises of an institution pursuant to the
  terms of a work release program.
2023 New York Laws › COR - Correction › Article 26-A - Shock Incarceration Program for State Correctional Incarcerated Individuals › 865 - Definitions.

§ 865. Definitions. As used in this article, the following terms mean:
1.  "Eligible  incarcerated individual" means a person sentenced to an
  indeterminate term of imprisonment who will become eligible for  release
  on  parole  within  three  years  or  sentenced to a determinate term of
  imprisonment who will become eligible  for  conditional  release  within
  three  years,  who  has  not reached the age of fifty years, who has not
  previously been convicted of a violent  felony  as  defined  in  article
  seventy  of  the  penal law, or a felony in any other jurisdiction which
  includes all of the essential elements of any such violent felony,  upon
  which  an  indeterminate or determinate term of imprisonment was imposed
  and who was between the ages of sixteen and fifty years at the  time  of
  commission  of  the  crime  upon  which  his or her present sentence was
  based. Notwithstanding the foregoing, no person who is convicted of  any
  of  the following crimes shall be deemed eligible to participate in this
  program: (a) a violent felony offense as defined in article  seventy  of
  the  penal  law;  provided,  however,  that a person who is convicted of
  burglary in the second degree as defined in subdivision two  of  section
  140.25  of  the penal law, or robbery in the second degree as defined in
  subdivision one of section 160.10  of  the  penal  law,  or  an  attempt
  thereof,  is eligible to participate, (b) an A-I felony offense, (c) any
  homicide offense as defined in article one hundred  twenty-five  of  the
  penal  law, (d) any felony sex offense as defined in article one hundred
  thirty of the penal law and (e) any  escape  or  absconding  offense  as
  defined in article two hundred five of the penal law.
2.  "Shock  incarceration  program"  means a program pursuant to which
  eligible incarcerated individuals are selected  to  participate  in  the
  program  and  serve  a  period  of  six  months in a shock incarceration
  facility, which shall  provide  rigorous  physical  activity,  intensive
  regimentation and discipline and rehabilitation therapy and programming.
  Such incarcerated individuals may be selected either: (i) at a reception
  center;  or  (ii)  at  a general confinement facility when the otherwise
  eligible incarcerated individual then becomes eligible  for  release  on
  parole  within  three  years  in  the  case  of an indeterminate term of
  imprisonment, or then becomes eligible for  conditional  release  within
  three years in the case of a determinate term of imprisonment.
2023 New York Laws › COR - Correction › Article 26-A - Shock Incarceration Program for State Correctional Incarcerated Individuals › 866 - Establishment of Shock Incarceration Program.

§   866.   Establishment   of  shock  incarceration  program.  1.  The
  commissioner, guided by consideration for the safety  of  the  community
  and  the  welfare of the incarcerated individual, shall promulgate rules
  and regulations for the shock  incarceration  program.  Such  rules  and
  regulations  shall reflect the purpose of the program and shall include,
  but not be  limited  to,  selection  criteria,  incarcerated  individual
  discipline,  programming  and  supervision,  and  program  structure and
  administration.
2. The commissioner shall appoint or cause to  be  appointed  a  shock
  incarceration selection committee at one or more designated correctional
  facilities,  which  shall  meet on a regularly scheduled basis to review
  all eligible incarcerated individuals transferred to such  facility  for
  screening and all applications for the shock incarceration program.
3.   Shock   incarceration   programs   may  be  established  only  at
  institutions classified  by  the  commissioner  as  shock  incarceration
  facilities.
4.  The  department  may contract with the division of substance abuse
  services for the provision of such services as may be required to assure
  the success of the program.
5. The department shall conduct an ongoing evaluation of  the  program
  to ensure that the programmatic objectives are met. The department shall
  undertake  studies and prepare reports periodically on the impact of the
  program.
2023 New York Laws › COR - Correction › Article 27 - Work Release Program for County Jails › 870 - Establishment of Program.

§  870.  Establishment of program.   The sheriff, upon approval of the
  legislative body of the county, may establish  a  work  release  program
  pursuant  to  which  prisoners,  sentenced to and confined in any county
  jail under his jurisdiction, may be granted  the  privilege  of  leaving
  confinement   for   the   purpose  of  working  at  gainful  employment,
  participating in a privately or publicly sponsored program of vocational
  training, with or without  compensation,  or  attending  an  educational
  institution.  The work release program may also include the release from
  confinement during necessary and reasonable hours  for  the  purpose  of
  caring for the prisoner's family.
2023 New York Laws › COR - Correction › Article 27 - Work Release Program for County Jails › 872 - Disposition of Earnings.

§ 872. Disposition of earnings.  (a) The wages or salary of a prisoner
participating  in  the  work  release  program,  less payroll deductions
required by law, shall be deposited with the sheriff  in  a  trust  fund
account,  which  fund shall not be subject to garnishment or attachment.
The sheriff shall keep a ledger of the account of each prisoner  and  he
may disburse from the said trust fund account:
(1)  such  sum as the prisoner may be legally obligated to pay for the
support of his dependents as recommended by  the  department  of  social
services  of  the  county  in  which  such  dependents reside, provided,
however, that the prisoner may authorize that a sum greater than that so
recommended be disbursed for this purpose;
(2) a sum determined by the sheriff to be the cost to  the  county  of
providing food, lodging and clothing for such prisoner subject, however,
to approval by the state commission of correction;
(3)  a  sum  determined by the sheriff to be the cost to the county of
the actual and  necessary  food,  travel  and  other  expenses  of  such
prisoner when released from confinement for the purpose of participating
in the work release program;
(4)  such  sums  as  may be necessary to satisfy any fines outstanding
against the prisoner;
(5) such sums as may be necessary to  satisfy  any  outstanding  legal
obligations  of  the  prisoner, acknowledged by him in writing and filed
with the sheriff in such form as the sheriff shall specify.
(b) Any balance  remaining  in  the  trust  fund  account  after  such
disbursements  shall  be  paid  to  the prisoner upon his discharge from
confinement.
(c) On or before the thirty-first day of January  of  each  year,  the
sheriff  shall  prepare  a  summary of receipts and disbursements of all
accounts kept during the previous year and shall forward the summary  to
the chief executive officer of the county. The summary shall be a public
record.
2023 New York Laws › COR - Correction › Article 27 - Work Release Program for County Jails › 874 - When Employment Prohibited.

§  874.  When employment prohibited.  (a) No employment under the work
release program for any prisoner shall be approved if:
(1) it is ascertained by the sheriff that such employment will  result
in the displacement of employed workers, or be applied in skills, crafts
or  trades  in  which  there  is  a  surplus  of  available labor in the
locality, except in the case of a prisoner who is to be employed  by  an
employer  for  whom  he  was  employed  as  a  free  person prior to the
commencement of his sentence, and;
(2) the rates of pay and other conditions of  employment  are  not  at
least  equal  to  those paid or provided for work of a similar nature in
the locality in which the work is to be performed.
(b) The state department of labor shall exercise the same  supervision
over  conditions  of  employment for prisoners participating in the work
release program as such department does over  conditions  of  employment
for free persons.
(c) In no event shall any work release program be permitted when there
is  any  labor  strike  or  lock-out  in  the establishment in which the
prisoner is, or is to be, employed.
2023 New York Laws › COR - Correction › Article 27 - Work Release Program for County Jails › 876 - Eligibility for Reduction of Sentence, Parole or Conditional Release.

§  876.  Eligibility  for reduction of sentence, parole or conditional
  release.  Nothing in this article shall be construed  to  prejudice  the
  eligibility  of any prisoner participating in a work release program for
  the  purposes  of  discretionary  reduction  of  sentence,   parole   or
  conditional  release  except  absconding from work release as defined by
  section  205.16  of  the  penal  law;  provided,   however,   that   the
  participation  of  any  prisoner  in  such  program  may  be  considered
  favorably for such purposes if such participation has  assisted  in  the
  rehabilitation of such prisoner.
2023 New York Laws › COR - Correction › Article 27 - Work Release Program for County Jails › 877 - Prisoner Not an Agent of County.

§  877. Prisoner not an agent of county.  No prisoner participating in
  a work release program shall be deemed an agent, employee or involuntary
  servant of the county  while  released  from  the  jail  of  confinement
  pursuant  to the terms of any work release plan; provided, however, that
  when a prisoner is employed by the state or a  local  municipality,  his
  relationship  to  the  state  or  local municipality arising out of such
  employment shall be determined in the same manner as if he were  a  free
  person so employed.
2023 New York Laws › COR - Correction › Article 27 - Work Release Program for County Jails › 878 - Annual Report.

§  878. Annual report.  The sheriff shall annually prepare a report of
  the work release program which shall be transmitted to  the  legislature
  on  or  before  the  first day of March in each year. Such annual report
  shall include a summary of the operations and activities of the  program
  for  the  preceding year and such recommendations for the improvement of
  the program as the sheriff shall deem necessary and proper.
2023 New York Laws › CNT - County › Article 1 - Short Title; Application; Definitions › 2 - Application of Chapter.

§ 2. Application of chapter. This chapter shall apply to all counties,
except that:
(a)  It  shall  not  apply to a county wholly contained within a city,
unless specifically so provided;
(b) The provisions of this chapter in so far as they are  in  conflict
with  or  in limitation of a provision of any alternative form of county
government heretofore or hereafter  adopted  by  a  county  pursuant  to
section  two  of article nine of the constitution, or any administrative
code, county government law  or  civil  divisions  act  enacted  by  the
legislature  and  applicable to such county as now in force or hereafter
amended, or in conflict with  any  local  law  heretofore  or  hereafter
adopted  by  a  county  under  an optional or alternative form of county
government, shall not be applicable to the  county,  unless  a  contrary
intent is expressly stated in this chapter.
2023 New York Laws › CNT - County › Article 1 - Short Title; Application; Definitions › 3 - Definition of a County.

§  3.  Definition  of  a county.   A county is a municipal corporation
  comprising the inhabitants within its  boundaries  and  formed  for  the
  purpose  of  exercising such powers and discharging such duties of local
  government and administration of public affairs as  may  be  imposed  or
  conferred upon it by law.
2023 New York Laws › CNT - County › Article 2 - General Provisions › 50 - When County Divided or Boundaries Altered.

§  50.  When  county  divided  or  boundaries  altered.  Whenever  the
  legislature divides a county or alters its  boundaries,  the  act  shall
  provide  the  method  and  manner  of  the  disposition  of  assets  and
  apportionment of liabilities of such county or counties.
2023 New York Laws › CNT - County › Article 2 - General Provisions › 52 - Presentation of Claims for Torts; Commencement of Actions.

§  52.  Presentation of claims for torts; commencement of actions.  1.
  Any claim or notice of claim against a  county  for  damage,  injury  or
  death, or for invasion of personal or property rights, of every name and
  nature,  and  whether  casual or continuing trespass or nuisance and any
  other claim for damages arising at law or in  equity,  alleged  to  have
  been  caused  or  sustained  in  whole  or  in part by or because of any
  misfeasance, omission of duty, negligence or wrongful act on the part of
  the county, its officers, agents, servants or employees,  must  be  made
  and  served  in compliance with section fifty-e of the general municipal
  law. Every action upon such claim shall be  commenced  pursuant  to  the
  provisions  of  section fifty-i of the general municipal law.  The place
  of trial shall be in the county against which the action is brought.
2. This section  shall  not  apply  to  claims  for  compensation  for
  property  taken  for a public purpose, nor to claims under the workmen's
  compensation law.
2023 New York Laws › CNT - County › Article 2 - General Provisions › 53 - Liability of County for Torts.

§  53.  Liability of county for torts. 1. Upon compliance with section
  fifty-two each county shall be  liable  under  the  same  rules  of  law
  applicable  to  the  state, for damage or injury, or death, to person or
  property sustained by reason of  the  torts  of  its  officers,  agents,
  servants and employees.
2.  Notwithstanding  the  provisions of any law defining real property
  owned by tax title or owned for purposes of reimbursement of  assistance
  granted,  as  held  and  used  for  a public purpose, no county shall be
  liable by reason of such property being defective, out of repair, unsafe
  or dangerous, unless the county is in the  actual  physical  possession,
  control  and  operation  thereof  as  owner, or deriving a direct income
  therefrom; and with no greater liability  than  that  imposed  upon  the
  individual owner of property.
3.  Nothing  herein  shall repeal or modify the exclusive liability as
  imposed and provided in the workmen's compensation law.
2023 New York Laws › CNT - County › Article 2 - General Provisions › 54 - Personal Liability of Heads of Agencies.

§  54. Personal liability of heads of agencies. No head of any agency,
  department, bureau, or office of a county shall be liable to respond  in
  damages  to the county or to any other person for any act or omission of
  any employee of the  county  employed  within  the  agency,  department,
  bureau,  or office of which he is such head. Any lawful claims which but
  for this section would  be  claims  against  such  head  of  an  agency,
  department,  bureau, or office shall be lawful claims against the county
  and shall be deemed  to  be  the  liability  of  the  county.    Nothing
  contained  herein,  however,  shall be deemed to relieve the head of any
  agency, department, bureau, or office of liability to the county  or  to
  any  other  person  for his own act or omission to act, nor be deemed to
  impose any new liability upon the county for any act or omission of such
  head of any agency, department, bureau, or office to  which  the  county
  was not lawfully subject prior to the taking effect of this act.
2023 New York Laws › CNT - County › Article 3 - Referendum › 100 - Mandatory Referendum.

§  100.  Mandatory  referendum.    When  a  resolution of the board of
  supervisors is subject to a mandatory referendum, such  board  shall  by
  resolution  cause  such  resolution  to  be  submitted  to a vote of the
  qualified electors of the county for their approval or disapproval at  a
  general  or  special  election. Except as otherwise provided by law, the
  resolution shall fix a date not less  than  forty-five  days  after  its
  adoption  on which the proposition is to be submitted at such general or
  special election.
2023 New York Laws › CNT - County › Article 3 - Referendum › 102 - Procedure on Mandatory and Permissive Referendum.

§  102.  Procedure  on  mandatory  and  permissive  referendum. 1. The
  resolution shall recite the form of the proposition, which shall contain
  a brief statement of the  text  of  the  resolution  together  with  its
  number.  The  clerk  of  the  board  of  supervisors shall transmit such
  proposition forthwith to  the  board  of  elections  of  the  county.  A
  sufficient  number  of  copies of such proposition and abstract shall be
  printed and made available to the electors at the time  of  registration
  or  otherwise  in advance of the election, and in addition, a sufficient
  number of copies shall be delivered with the  other  election  supplies,
  and  distributed  to the electors at the election. If there be more than
  one such proposition to be voted upon at such election, each proposition
  shall be separately and consecutively numbered.
2. The board of elections shall  cause  any  such  proposition  to  be
  submitted to the qualified electors of the county in the manner provided
  in  the  election  law. The method and manner of submission, preparation
  and provision of ballots and ballot  labels,  use  of  voting  machines,
  qualification  of  voters,  correcting  registers,  and  conducting  the
  election, canvassing the result and making and filing the  returns,  and
  all  other  procedure  with  reference  to  the  submission  of any such
  proposition, shall be the same as in the case of any  other  proposition
  to  be  submitted  to  the  electors of a county at a general or special
  election as provided by law.  If a majority of the  votes  cast  on  any
  such  proposition  shall  be in the affirmative, the resolution shall be
  approved.
2023 New York Laws › CNT - County › Article 3 - Referendum › 103 - Repeal of Resolution by Board.

§  103. Repeal of resolution by board. Not less than twenty days prior
  to the election at which a  resolution  is  to  be  voted  upon  by  the
  electors  of  the  county  for  approval  or  disapproval,  the board of
  supervisors may, except as otherwise expressly provided  in  subdivision
  four  of  section  one  hundred  one,  reconsider its action thereon and
  repeal such resolution, whereupon the proposition for its approval shall
  not be submitted at such election, or, if submitted,  the  vote  of  the
  electors thereon shall be without effect.
2023 New York Laws › CNT - County › Article 3 - Referendum › 104 - Submission of Proposition or Question.

§  104.  Submission  of proposition or question. Except as provided by
  the municipal home rule law, a proposition or question  required  by  or
  pursuant  to  law to be approved by the qualified electors of the county
  shall be submitted in the manner provided by section one hundred two  of
  this article.
2023 New York Laws › CNT - County › Article 3 - Referendum › 105 - Law Applicable to Conduct of Elections at Which Ballot Questions Are Submitted to All the Voters of a County.

§  105.  Law  applicable  to  conduct  of  elections  at  which ballot
  questions are submitted to all the voters of a county. The provisions of
  the election law  or  any  other  law  relating  to  the  submission  of
  questions  at  general  elections, so far as the same are applicable and
  not inconsistent with this article, shall apply to the  conduct  of  all
  elections  at  which  questions  are  submitted  to  all the voters of a
  county. Where a specific provision of law exists in any other law  which
  is  inconsistent with the provisions of the election law, such provision
  shall apply unless a provision of the election law specifies  that  such
  provision  of  the  election  law  shall apply notwithstanding any other
  provision of law.
2023 New York Laws › CNT - County › Article 4 - Board of Supervisors › 150-A - County Legislative Body, Other Than Board of Supervisors.

§  150-a. County legislative body, other than board of supervisors. 1.
  All the functions, powers, obligations  and  duties  which  by  law  are
  possessed  by  or  vested in the board of supervisors of a county may be
  exercised by an elected county  legislative  body,  by  whatsoever  name
  designated,  which  shall,  pursuant  to law, or order or judgement of a
  court of competent jurisdiction, be established in place of the board of
  supervisors of such  county.  All  acts  heretofore  performed  by  such
  elected county legislative body shall be valid if and to the extent that
  they  would  have been valid if performed by the board of supervisors of
  such county.
2. Whenever the board of supervisors of a county  is  referred  to  or
  designated  in  any  law,  contract or document pertaining to any of the
  functions, powers, obligations and duties of such board, such  reference
  or designation shall be deemed to include the elected county legislative
  body,  by whatsoever name designated which, pursuant to law, or order or
  judgement  of  a  court  of  competent  jurisdiction,  shall  have  been
  established in place of the board of supervisors.
2023 New York Laws › CNT - County › Article 4 - Board of Supervisors › 152 - Meetings of the Board.

§  152.  Meetings  of the board. 1. The board of supervisors shall, in
  addition to the meeting to organize the board, hold regular meetings  at
  stated intervals.
2.  Special  meetings  shall  be  held at the call of the clerk of the
  board upon direction of the chairman, or at the call of the clerk of the
  board upon direction of the vice-chairman provided that upon  convening,
  a  majority of the members of the board pass a resolution ratifying such
  call or upon written request signed by a majority of the members of  the
  board.  Notice  in  writing  stating  the time, place and purpose of the
  special meeting shall be served personally or by mail upon  each  member
  by  the  clerk  of  the board at least forty-eight hours before the date
  fixed for holding the meeting or a member may waive the service  of  the
  notice  for  such  meeting  by  a  writing  signed by him. Only business
  specified in the notice thereof may be transacted at a special meeting.
3. Any meeting of the board of supervisors may be adjourned from  time
  to time. All meetings of the board shall be public.
4.  No  action  of such board changing the place of meeting where such
  board has regularly met to any other city, town or village in the county
  shall be valid unless approved by  the  affirmative  vote  of  at  least
  three-quarters of the total membership of such board.
2023 New York Laws › CNT - County › Article 4 - Board of Supervisors › 153 - Rules of Procedure.

§ 153. Rules of procedure.  1. A power of the county, whether in terms
  vested  in  the  county  or in the board of supervisors shall, except as
  otherwise expressly provided,  be  exercised  through  a  local  law  or
  resolution duly adopted by the board.
2.  A  majority  of  the  whole  number of the members of the board of
  supervisors shall constitute a quorum for the transaction  of  business,
  but a less number may adjourn.
3.  Each local law or resolution shall have a title prefixed concisely
  stating the contents.
4. Whenever in this chapter or other general, special  or  local  law,
  the  board  of  supervisors  is  authorized  or  required to act, and no
  proportion  of  the  voting  strength  for  such  action  is   otherwise
  prescribed,  such  action  shall  be  taken by the affirmative vote of a
  majority of the total membership of the board.  A  roll  call  shall  be
  taken  and  entered  by the clerk in the minutes of its proceedings when
  required by law or upon request of any member of the board.
5. All resolutions shall become effective upon their adoption,  or  as
  otherwise  provided  by this chapter or other law or as specified in the
  resolution.
6. Subject to the restrictions provided in this chapter or other  law,
  the  board of supervisors shall have power to amend, repeal or supersede
  any local law or resolution theretofore adopted.
7. The board of supervisors shall have power to compel the  attendance
  of members at regular and special meetings of the board and at committee
  meetings.  In all cases of absence during any regular or special meeting
  of the board, or  any  committee  meeting  called  pursuant  to  written
  notice,  the  board  of  supervisors  may impose a penalty not exceeding
  fifty dollars for each non-attendance without sufficient excuse  as  the
  rules  shall  provide. Absence by reason of performance of official duty
  for the county, or absence occasioned by attendance at a meeting of  the
  town  board  of  a town, or absence occasioned by the performance of any
  other official duty, shall at all times be deemed a sufficient excuse.
8. Except as otherwise expressly provided, the board of supervisors of
  each county shall determine the rules of its own  proceedings.    Unless
  the  rules  of  the  board  otherwise  provide, no rule may be suspended
  except by the unanimous vote of the members present and  voting  at  any
  regular or special meeting of the board.
9.  The  terms  "whole  number of the members of the board" and "whole
  number of its membership, " as used in this chapter, shall be  construed
  to  mean the total number which the board of supervisors would have were
  there no vacancies and were none of the  supervisors  disqualified  from
  acting.