§ 856 — Conduct of incarcerated individuals participating in a temporary release program

* § 856. Conduct of incarcerated individuals participating in a\ntemporary release program. 1. An incarcerated individual who is\npermitted to leave the premises of an institution to participate in a\ntemporary release program shall have on his or her person a card\nidentifying him or her as a participant in a temporary release program\nas signed by the superintendent of the institution at all times while\noutside the premises of the institution and shall exhibit such card to\nany peace officer or police officer upon request of such officer. The\ncommissioner may, by regulation, require such information, including\neffective dates, to be included in such card as he or she shall deem\nnecessary and proper.\n 2. If the incarcerated individual violates any provision of the\nprogram, or any rule or regulation promulgated by the commissioner for\nconduct of incarcerated individuals participating in temporary release\nprograms, such incarcerated individual shall be subject to disciplinary\nmeasures to the same extent as if he or she violated a rule or\nregulation of the commissioner for conduct of incarcerated individuals\nwithin the premises of the institution. The failure of an incarcerated\nindividual to voluntarily return to the institution of his or her\nconfinement more than ten hours after his or her prescribed time of\nreturn shall create a rebuttable presumption that the failure to return\nwas intentional. Any incarcerated individual who is found to have\nintentionally failed to return pursuant to this subdivision shall be an\nabsconder in violation of his or her temporary release program and will\nnot be an eligible incarcerated individual as defined in subdivision two\nof section eight hundred fifty-one of this chapter. The creation of such\nrebuttable presumption shall not be admissible in any court of law as\nevidence of the commission of any crime defined in the penal law. A full\nreport of any such violation, a summary of the facts and findings of the\ndisciplinary hearing and disciplinary measures taken, shall be made\navailable to the board for the incarcerated individual's next scheduled\nappearance before the state board of parole including any defense or\nexplanation offered by the incarcerated individual in response at such\nhearing.\n 3. The provisions of this chapter relating to good behavior allowances\nshall apply to behavior of incarcerated individuals while participating\nin temporary release programs outside the premises of institutions, and\nsuch allowances may be granted, withheld, forfeited or cancelled in\nwhole or in part for behavior outside the premises of an institution to\nthe same extent and in the same manner as is provided for behavior of\nincarcerated individuals within the premises of institutions.\n 4. An incarcerated individual who is in violation of the provisions of\nhis or her temporary release program may be taken into custody by any\npeace officer or police officer and, in such event, the incarcerated\nindividual shall be returned forthwith to either the institution that\nreleased him or her, or to the nearest secure facility where greater\nsecurity is indicated. In any case where the institution is in a county\nother than the one in which the incarcerated individual is apprehended,\nthe officer may deliver the incarcerated individual to the nearest\ninstitution, jail or lockup and it shall be the duty of the person in\ncharge of said facility to hold such incarcerated individual securely\nuntil such time as he or she is delivered into the custody of an officer\nof the institution from which he or she was released. Upon delivering\nthe incarcerated individual to an institution, jail or lockup, other\nthan the one from which the incarcerated individual was released, the\nofficer who apprehended the incarcerated individual shall forthwith\nnotify the superintendent of the institution from which the incarcerated\nindividual was released and it shall be the duty of the superintendent\nto effect the expeditious return of the incarcerated individual to the\ninstitution.\n 5. Upon the conclusion or termination of a temporary release program,\na full report of the incarcerated individual's performance in such\nprogram shall be prepared in accordance with regulations of the\ncommissioner. Such report shall include but not be limited to:\nadjustment to release, supervision contacts, statement of any violations\nof the terms and conditions of release and of any disciplinary actions\ntaken, and an assessment of the incarcerated individual's suitability\nfor parole. Such report shall be made available to the state board of\nparole for the incarcerated individual's next scheduled appearance\nbefore such board.\n * NB Effective until September 1, 2027\n * § 854. Conduct of incarcerated individuals participating in work\nrelease program. 1. An incarcerated individual who is permitted to leave\nthe premises of an institution to participate in a program of work\nrelease shall have on his or her person a copy of the memorandum of that\nprogram as signed by the warden of the institution at all times while\noutside the premises of the institution and shall exhibit such copy to\nany peace officer upon request of the officer.\n 2. If the incarcerated individual violates any provision of the\nprogram, or any rule or regulation promulgated by the commissioner of\ncorrections and community supervision for conduct of incarcerated\nindividuals participating in work release programs, he or she shall be\nsubject to disciplinary measures to the same extent as if he or she\nviolated a rule or regulation of the commissioner for conduct of\nincarcerated individuals within the premises of the institution.\n 3. The provisions of this chapter relating to good behavior allowances\nshall apply to behavior of incarcerated individuals while participating\nin work release programs outside the premises of institutions, and such\nallowances may be granted, withheld, forfeited or cancelled in whole or\nin part for behavior outside the premises of an institution to the same\nextent and in the same manner as is provided for behavior of\nincarcerated individuals within the premises of institutions.\n 4. An incarcerated individual who is in violation of the provisions of\nhis or her work release program may be taken into custody by any peace\nofficer and, in such event, the incarcerated individual shall be\nreturned forthwith to the institution that released him or her. In any\ncase where the institution is in a county other than the one in which\nthe incarcerated individual is apprehended, the officer may deliver the\nincarcerated individual to the nearest institution, jail or lockup and\nit shall be the duty of the person in charge of said facility to hold\nsuch incarcerated individual securely until such time as he or she is\ndelivered into custody of an officer of the institution from which he or\nshe was released. Upon delivering the incarcerated individual to an\ninstitution, jail or lockup, other than the one from which he or she was\nreleased, the peace officer who apprehended the incarcerated individual\nshall forthwith notify the warden of the institution from which the\nincarcerated individual was released and it shall be the duty of the\nwarden to effect the expeditious return of the incarcerated individual\nto the institution.\n * NB Effective September 1, 2027\n