N.Y. Correction Law § 633: Procedure for furlough release of eligible incarcerated individuals

* § 633. Procedure for furlough release of eligible incarcerated

individuals. 1. A person confined in a city prison or a county jail and

penitentiaries of a county which elects to have this article apply

thereto who is, or who within thirty days will become, an eligible

incarcerated individual, may make application to the furlough release

committee of the institution for permission to participate in a furlough

program.

2. Any eligible incarcerated individual may make application to the

furlough committee for leave of absence provided, however, that in

exigent circumstances such application may be made directly to the

warden of the institution and the warden may exercise all of the powers

of the furlough committee subject, however, to any limitations or

requirements set forth in the rules and regulations of the department

and subject further to the discretion of the commissioner.

3. If the furlough committee determines that a furlough program for

the applicant is consistent with the safety of the community, is in the

best interests of rehabilitation of the applicant, and is consistent

with the rules and regulations of the department, the committee, with

the assistance of the employees designated by the commissioner pursuant

to section six hundred thirty-two of this chapter, shall develop a

suitable furlough program for the applicant.

4. The committee shall then prepare a memorandum setting forth the

details of the furlough program including the extended bounds of

confinement and any other matter required by the rules and regulations

of the department. Such memorandum shall be transmitted to the warden

who may approve or reject the program. If the warden approves the

program, he shall indicate such approval in writing by signing the

memorandum. If the warden rejects the program, such decision shall be

reviewed by the commissioner.

5. In order for the applicant to accept the furlough program, he shall

agree to be bound by all the terms and conditions thereof and shall

indicate such agreement by signing the memorandum of the program

immediately below a statement reading as follows:

"I accept the foregoing program and agree to be bound by the terms and

conditions thereof. I understand I will be under the supervision of the

department while I am away from the premises of the institution and I

agree to comply with the instructions of any employee of the department

assigned to supervise me. I will carry a copy of this memorandum on my

person at all times while I am away from the premises of the institution

and I will exhibit it to any peace officer or police officer upon his

request. I understand that my participation in the program is a

privilege which may be revoked at any time, and that if I violate any

provision of the program I may be taken into custody by any peace

officer or police officer and I will be subject to disciplinary

procedures. I further understand that if I intentionally fail to return

to the institution at or before the time specified in the memorandum I

may be found guilty of a misdemeanor."

6. After approving the program of furlough, the warden may then permit

an eligible incarcerated individual who has accepted such program to go

outside the premises of the institution within the limits of the

extended bounds of confinement described in the memorandum; provided,

however, that no such permission shall become effective in the case of a

furlough program prior to the time at which the person to be released

becomes an eligible incarcerated individual.

7. Participation in a furlough release program shall be a privilege.

Nothing contained in this article may be construed to confer upon any

incarcerated individual the right to participate, or to continue to

participate in a furlough program. The warden of the institution may at

any time, and upon recommendation of the furlough committee or of the

commissioner, revoke any incarcerated individual's privilege to

participate in a program of furlough.

* NB Repealed September 1, 2027