§ 72 — Confinement of persons by the department

New York § 72

• Jurisdiction: New York
• Law COR: Correction
• Art. 4: Establishment of Correctional Facilities, Commitments to Department and Custody of Incarcerated Individuals

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§ 72. Confinement of persons by the department. 1. Except as otherwise\nprovided in this section, all persons committed, transferred, certified\nto or placed in the care or custody of the department shall be confined\nin institutions maintained by the department until paroled,\nconditionally released, transferred to the care of another agency or\nreleased or discharged in accordance with the law.\n 2. The commissioner, or the superintendent or director of an\ninstitution in which an incarcerated individual is confined, may permit\nan incarcerated individual to be taken, under guard, to any place or for\nany purpose authorized by law, and the commissioner must provide for\ndelivery of an incarcerated individual, under guard, to any place where\nhis presence is required pursuant to an order of a court that has\nauthority to require his presence.\n 2-a. The commissioner, superintendent, or director of an institution\nin which an incarcerated individual is confined, may permit an\nincarcerated individual, wishing to do so, to leave the institution\nunder guard for the purpose of performing volunteer labor or services\nwhen in the public interest upon the threat or occurrence of a natural\ndisaster, including but not limited to flood, earthquake, hurricane,\nlandslide or fire. An incarcerated individual may also be permitted to\nleave the institution under guard to voluntarily perform work for a\nnonprofit organization pursuant to this subdivision. As used in this\nsubdivision, the term "nonprofit organization" means an organization\noperated exclusively for religious, charitable, or educational purposes,\nno part of the net earnings of which inures to the benefit of any\nprivate shareholder or individual.\n 2-b. The commissioner, or his designee as authorized by the\ncommissioner, may permit an incarcerated individual to be taken under\nguard to any place to participate in an industrial training program.\n 3. The superintendent or director of an institution may permit\nincarcerated individuals to leave the institution for the purpose of\nperforming maintenance work or farm work, or any other work necessary or\nappropriate for the upkeep, operations or business of the institution or\nthe department.\n 4. Any incarcerated individual who is confined in a correctional\nfacility and who is eligible for parole or who will become eligible for\nparole within two years or who has one year or less remaining to be\nserved under his or her sentence may be transferred by the commissioner\nto a correctional camp and may be permitted, by the superintendent, to\nleave the camp to engage in conservation or forestry work or for any\npurpose permitted under subdivisions two, two-a, two-b and three of this\nsection.\n * 5. An incarcerated individual may be permitted to leave the\ninstitution to participate in a temporary release program in accordance\nwith the provisions of article twenty-six of this chapter.\n * NB Effective until September 1, 2027\n * 5. An incarcerated individual of a work release facility may be\npermitted to leave the facility to participate in a work release program\nin accordance with the provisions of article twenty-six of this chapter.\n * NB Effective September 1, 2027\n 6. An incarcerated individual of a residential treatment facility may\nbe permitted to leave such facility in accordance with the provisions of\nsection seventy-three of this article.\n 7. An incarcerated individual of a shock incarceration correctional\nfacility may be permitted to leave the facility to participate in\nprograms in accordance with the provisions of article twenty-six-A of\nthis chapter.\n 8. In any case where the decision to permit an incarcerated individual\nto leave an institution is made by a person other than the commissioner\nor a deputy commissioner of correction such action and the manner in\nwhich it is carried out shall be in strict accordance with the rules and\nregulations of the department. Such rules and regulations may restrict\nor limit the authority of the superintendent or director in any manner\ndeemed advisable by the commissioner.\n 9. The provisions of this section shall not be construed in such\nmanner as to be in conflict with any provision of law that specifically\nprovides for circumstances under which incarcerated individuals may be\npermitted to leave institutions.\n