§ 871 — Procedures

New York § 871

• Jurisdiction: New York
• Law COR: Correction
• Art. 27: Work Release Program For County Jails

Text

§ 871. Procedures. (a) Any prisoner sentenced to and confined in any\njail for which the sheriff has established a work release program may\napply to the sheriff for permission to participate in such program.\nPursuant to rules and regulations promulgated by the sheriff and\napproved by the state commission of correction, the sheriff may approve\nor disapprove the application. In the event of approval, the sheriff\nshall prepare a specific, written work release plan for the prisoner\nwhich shall contain such terms and conditions as shall be deemed\nreasonably proper and necessary. The prisoner shall signify in writing\nhis agreement to the terms of the work release plan in such form as the\nsheriff shall specify and a copy of the work release plan shall be\ndelivered to the prisoner prior to his participation therein. The work\nrelease plan may be revoked, suspended or modified by the sheriff at any\ntime for good cause, with or without notice to the prisoner. Any\ndisapproval, revocation, suspension or modification of a work release\napplication or plan shall be reviewable by the state commission of\ncorrection upon written request of the prisoner which shall be forwarded\nimmediately to the commission by the sheriff. The decision of the\ncommission shall be final and not be subject to judicial review.\n (b) The sheriff shall appoint a committee, to be known as the work\nrelease committee, composed of at least one member of the county\ndepartment of probation and of such members of the staff of the jail of\nconfinement as he shall deem proper. The work release committee may also\ninclude such other persons whom the sheriff may deem proper, and such\npersons shall be selected upon the basis of their knowledge and\nexperience in the field of penology, law, medicine, labor, commerce,\ntheology or social services. The committee shall advise and assist the\nsheriff in administering the work release program, provided, however,\nthat any determination to approve, disapprove, revoke, suspend or modify\nany work release application or plan shall rest solely in the discretion\nof the sheriff subject to review by the commission of correction as set\nforth in subdivision (a) of this section.\n (c) The sheriff and work release committee may assist prisoners\nseeking admission to the work release program in securing gainful\nemployment or participation in a publicly or privately sponsored program\nof vocational training.\n (d) A work release plan may include employment within a county other\nthan that in which the jail of confinement is located. The sheriff may\narrange with the sheriff or the superintendent or other person in charge\nof a jail or penitentiary of any other county which has adopted a work\nrelease program to maintain custody of any prisoner employed in such\nother county during the period of employment or until his discharge from\nconfinement, whichever shall occur first. In such event, the sheriff or\nsuperintendent of the jail or penitentiary having such custody of the\nprisoner shall dispose of the earnings of the prisoner pursuant to\nsection eight hundred seventy-two of this article.\n