N.Y. Correction Law § 634: Conduct of incarcerated individuals participating in furlough program

* § 634. Conduct of incarcerated individuals participating in furlough

program. 1. An incarcerated individual who is permitted to leave the

premises of an institution to participate in a furlough program shall

have on his or her person a copy of the memorandum of that program as

signed by the warden of the institution and shall exhibit such copy to

any peace officer or police officer upon request of such officer.

2. If the incarcerated individual violates any provision of the

program, or any rule, or regulation promulgated by the commissioner for

conduct of incarcerated individuals participating in furlough programs,

he or she shall be subject to disciplinary measures to the same extent

as if he or she violated a rule or regulation of the commissioner for

conduct of incarcerated individuals within the premises of the

institution.

3. The provisions of this section relating to good behavior of

incarcerated individuals while participating in furlough programs

outside the premises of institutions, and such allowances may be

granted, withheld, forfeited or cancelled in whole or part for behavior

outside the premises of an institution to the same extent and in the

same manner as is provided for behavior of incarcerated individuals

within the premises of the institutions.

4. An incarcerated individual who is in violation of the provisions of

his or her furlough program may be taken into custody by any peace

officer or police officer and, in such event the incarcerated individual

shall be returned forthwith to the institution that released him or her.

In any case where the institution is in a county other than the one in

which the incarcerated individual is apprehended, the officer may

deliver the incarcerated individual to the nearest institution, jail or

lockup and it shall be the duty of the person in charge of said facility

to hold such incarcerated individual securely until such time as he or

she is delivered into the custody of an officer of the institution from

which he or she was released. Upon delivering the incarcerated

individual to an institution, jail or lockup, other than the one from

which he or she was released, the officer who apprehended the

incarcerated individual shall forthwith notify the warden of the

institution from which the incarcerated individual was released and it

shall be the duty of the warden to effect the expeditious return of the

incarcerated individual to the institution.

* NB Repealed September 1, 2027