§ 852 — Establishment of temporary release

New York § 852

• Jurisdiction: New York
• Law COR: Correction
• Art. 26: Temporary Release Programs For State Correctional Institutions

Text

* § 852. Establishment of temporary release. 1. The commissioner,\nguided by consideration for the safety of the community and the welfare\nof the incarcerated individual, shall review and evaluate all existing\nrules, regulations and directives relating to current temporary release\nprograms and consistent with the provisions of this article for the\nadministration of temporary release programs shall by January first,\nnineteen hundred seventy-eight promulgate new rules and regulations for\nthe various forms of temporary release. Such rules and regulations shall\nreflect the purposes of the different programs and shall include but not\nbe limited to selection criteria, supervision and procedures for the\ndisposition of each application.\n 2. The commissioner shall appoint or cause to be appointed a temporary\nrelease committee for each institution which shall meet on a regularly\nscheduled basis to review all applications for temporary release.\n 3. Work release programs may be established only at institutions\nclassified by the commissioner as work release facilities. Educational\nrelease programs may be established only at those educational\ninstitutions which shall maintain attendance records for participating\nincarcerated individuals.\n 4. The commissioner shall designate in the rules and regulations of\nthe department appropriate employees or an appropriate unit of the\ndepartment to be responsible for (a) securing education, on-the-job\ntraining and employment opportunities for incarcerated individuals who\nare eligible to participate in a work release program, and (b) assisting\nsuch incarcerated individuals in such other manner as necessary or\ndesirable to assure the success of the program.\n 5. All incarcerated individuals participating in temporary release\nprograms shall be assigned to parole officers for supervision. As part\nof the parole officer's supervisory functions he or she shall be\nrequired to provide reports every two months on each incarcerated\nindividual under his or her supervision. Such reports shall include but\nnot be limited to:\n (a) an evaluation of the individual's participation in such program;\n (b) a statement of any problems and the manner in which such problems\nwere resolved relative to an individual's participation in such\nprograms; and\n (c) a recommendation with respect to the individual's continued\nparticipation in the program.\n * NB Effective until September 1, 2027\n * § 852. Establishment of work release. 1. The commissioner of\ncorrection shall designate one or more institutions for the conduct of\nwork release programs. Upon such designation the commissioner, with the\napproval of the chairman of the board of parole, shall promulgate rules\nand regulations consistent with the provisions of this article for the\nadministration of work release programs at any institution designated,\nand shall appoint or cause to be appointed a work release committee for\nsuch institution.\n 2. The department shall be responsible for securing appropriate\neducation, on-the-job training and employment opportunities for eligible\nincarcerated individuals and shall supervise incarcerated individuals\nduring their participation in work release programs outside the premises\nof institutions.\n * NB Effective September 1, 2027\n