§ 855 — Procedure for temporary release of incarcerated individuals

New York § 855

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

Text

* § 855. Procedure for temporary release of incarcerated individuals.\n1. A person confined in an institution designated for the conduct of\nwork release programs who is an eligible incarcerated individual, may\nmake application to the temporary release committee of the institution\nfor permission to participate in a work release program.\n 2. Any eligible incarcerated individual may make application to the\ntemporary release committee for participation in a furlough program or\ncommunity services program, or for an industrial training leave or\neducational leave.\n 3. Any incarcerated individual may make application to the temporary\nrelease committee for a leave of absence provided, however, that in\nexigent circumstances such application may be made directly to the\nsuperintendent of the institution and the superintendent may exercise\nall of the powers of the temporary release committee subject, however,\nto any limitation or requirement set forth in the rules and regulations\nof the department and subject further to the discretion of the\ncommissioner. All leave of absences provided in exigent circumstances\nshall state the reasons for approval or disapproval of the application\nand shall be included in the incarcerated individual's institutional\nparole file.\n 4. If the temporary release committee determines that a temporary\nrelease program for the applicant is consistent with the safety of the\ncommunity and the welfare of the applicant, and is consistent with rules\nand regulations of the department, the committee, with the assistance of\nthe employees or unit designated by the commissioner pursuant to\nsubdivision four of section eight hundred fifty-two of this article,\nshall develop a suitable program of temporary release for the applicant.\nConsistent with these provisions, any educational leave program shall\nconsider the scheduling of classes to insure a reduction of release time\nnot spent in educational pursuits.\n 5. The committee shall then prepare a memorandum setting forth the\ndetails of the temporary release program including the extended bounds\nof confinement and any other matter required by rules or regulations of\nthe department. Such memorandum shall be transmitted to the\nsuperintendent who may approve or reject the program, subject to rules\nand regulations promulgated by the commissioner. If the superintendent\napproves the program, he or she shall indicate such approval in writing\nby signing the memorandum. If the superintendent rejects the program, he\nor she shall state his or her reasons in writing and a copy of his or\nher statement shall be given to the incarcerated individual and to the\ncommissioner and such decision shall be reviewed by the commissioner. If\nthe commissioner rejects the program, he or she shall state his or her\nreasons in writing. A copy of such statement shall be filed in the\nincarcerated individual's institutional file.\n 6. In order for an applicant to accept a program of temporary release,\nsuch incarcerated individual shall agree to be bound by all the terms\nand conditions thereof and shall indicate such agreement by signing the\nmemorandum of the program immediately below a statement reading as\nfollows: "I accept the foregoing program and agree to be bound by the\nterms and conditions thereof. I understand that I will be under the\nsupervision of the state department of corrections and community\nsupervision while I am away from the premises of the institution and I\nagree to comply with the instructions of any parole officer or other\nemployee of the department assigned to supervise me. I understand that\nmy participation in the program is a privilege which may be revoked at\nany time, and that if I violate any provision of the program I may be\ntaken into custody by any peace officer or police officer and I will be\nsubject to disciplinary procedures. I further understand that if I\nintentionally fail to return to the institution at or before the time\nspecified in the memorandum I may be found guilty of a felony." Such\nagreement shall be placed on file at the institution from which such\ntemporary release is granted.\n 7. After approving the program of temporary release, the\nsuperintendent may then permit an incarcerated individual who has\naccepted such program to go outside the premises of the institution\nwithin the limits of the extended bounds of confinement described in the\nmemorandum; provided, however, that no such permission shall become\neffective in the case of a work release or furlough program prior to the\ntime at which the person to be released becomes an eligible incarcerated\nindividual.\n 8. At least three days before releasing an incarcerated individual on\na temporary release program, the superintendent shall notify in writing\nthe sheriff or chief of police of the community into which the\nincarcerated individual is to be released.\n 9. Participation in a temporary release program shall be a privilege.\nNothing contained in this article may be construed to confer upon any\nincarcerated individual the right to participate, or to continue to\nparticipate, in a temporary release program. The superintendent of the\ninstitution may at any time, and upon recommendation of the temporary\nrelease committee or of the commissioner or of the chairman of the state\nboard of parole or his or her designee shall, revoke any incarcerated\nindividual's privilege to participate in a program of temporary release\nin accordance with regulations promulgated by the commissioner.\n * NB Effective until September 1, 2027\n * § 853. Procedure for release of eligible incarcerated individuals.\n1. A person confined in an institution designated for the conduct of\nwork release programs who is, or who within ninety days will become, an\neligible incarcerated individual, may make application to the work\nrelease committee of the institution for permission to participate in a\nwork release program.\n 2. If the work release committee determines that a work release\nprogram for the applicant is consistent with the safety of the\ncommunity, is in the best interests of rehabilitation of the applicant,\nand is consistent with rules and regulations of the commissioner, the\ncommittee shall develop a suitable program of work release for the\napplicant.\n 3. The committee shall then prepare a memorandum setting forth the\ndetails of the work release program, including the extended bounds of\nconfinement and any other matter required by rules or regulations of the\ncommissioner. Such memorandum shall be transmitted to the warden who may\napprove or reject the program. If the warden approves the program, he or\nshe shall indicate such approval in writing by signing the memorandum.\nIf the warden rejects the program, such decision shall be reviewed by\nthe commissioner.\n 4. In order for an applicant to accept a program of work release, he\nor she shall agree to be bound by all the terms and conditions thereof\nand shall indicate such agreement by signing the memorandum of the\nprogram immediately below a statement reading as follows: "I accept the\nforegoing program and agree to be bound by the terms and conditions\nthereof. I understand that I will be under the supervision of the\ndepartment of corrections and community supervision while I am away from\nthe premises of the institution and I agree to comply with the\ninstructions of any parole officer assigned to supervise me. I will\ncarry a copy of this memorandum on my person at all times while I am\naway from the premises of the institution and I will exhibit it to any\npeace officer upon his or her request. I understand that my\nparticipation in the program is a privilege which may be revoked at any\ntime, and that if I violate any provision of the program I may be taken\ninto custody by any peace officer and I will be subject to disciplinary\nprocedures. I further understand that if I intentionally fail to return\nto the institution at or before the time specified in the memorandum I\nmay be found guilty of a felony."\n 5. After approving the program of work release, the warden may then\npermit an eligible incarcerated individual who has accepted such program\nto go outside the premises of the institution within the limits of the\nextended bounds of confinement described in the memorandum.\n 6. Participation in a work release program shall be a privilege.\nNothing contained in this article may be construed to confer upon any\nincarcerated individual the right to participate, or to continue to\nparticipate, in a work release program. The warden of the institution\nmay at any time, and upon recommendation of the work release committee\nor of the chairman of the state board of parole or his or her designee\nshall, revoke any incarcerated individual's privilege to participate in\na program of work release.\n * NB Effective September 1, 2027\n