N.Y. Correction Law § 72: Confinement of persons by the department

§ 72. Confinement of persons by the department. 1. Except as otherwise

provided in this section, all persons committed, transferred, certified

to or placed in the care or custody of the department shall be confined

in institutions maintained by the department until paroled,

conditionally released, transferred to the care of another agency or

released or discharged in accordance with the law.

2. The commissioner, or the superintendent or director of an

institution in which an incarcerated individual is confined, may permit

an incarcerated individual to be taken, under guard, to any place or for

any purpose authorized by law, and the commissioner must provide for

delivery of an incarcerated individual, under guard, to any place where

his presence is required pursuant to an order of a court that has

authority to require his presence.

2-a. The commissioner, superintendent, or director of an institution

in which an incarcerated individual is confined, may permit an

incarcerated individual, wishing to do so, to leave the institution

under guard for the purpose of performing volunteer labor or services

when in the public interest upon the threat or occurrence of a natural

disaster, including but not limited to flood, earthquake, hurricane,

landslide or fire. An incarcerated individual may also be permitted to

leave the institution under guard to voluntarily perform work for a

nonprofit organization pursuant to this subdivision. As used in this

subdivision, the term "nonprofit organization" means an organization

operated exclusively for religious, charitable, or educational purposes,

no part of the net earnings of which inures to the benefit of any

private shareholder or individual.

2-b. The commissioner, or his designee as authorized by the

commissioner, may permit an incarcerated individual to be taken under

guard to any place to participate in an industrial training program.

3. The superintendent or director of an institution may permit

incarcerated individuals to leave the institution for the purpose of

performing maintenance work or farm work, or any other work necessary or

appropriate for the upkeep, operations or business of the institution or

the department.

4. Any incarcerated individual who is confined in a correctional

facility and who is eligible for parole or who will become eligible for

parole within two years or who has one year or less remaining to be

served under his or her sentence may be transferred by the commissioner

to a correctional camp and may be permitted, by the superintendent, to

leave the camp to engage in conservation or forestry work or for any

purpose permitted under subdivisions two, two-a, two-b and three of this

section.

* 5. An incarcerated individual may be permitted to leave the

institution to participate in a temporary release program in accordance

with the provisions of article twenty-six of this chapter.

* NB Effective until September 1, 2027

* 5. An incarcerated individual of a work release facility may be

permitted to leave the facility to participate in a work release program

in accordance with the provisions of article twenty-six of this chapter.

* NB Effective September 1, 2027

6. An incarcerated individual of a residential treatment facility may

be permitted to leave such facility in accordance with the provisions of

section seventy-three of this article.

7. An incarcerated individual of a shock incarceration correctional

facility may be permitted to leave the facility to participate in

programs in accordance with the provisions of article twenty-six-A of

this chapter.

8. In any case where the decision to permit an incarcerated individual

to leave an institution is made by a person other than the commissioner

or a deputy commissioner of correction such action and the manner in

which it is carried out shall be in strict accordance with the rules and

regulations of the department. Such rules and regulations may restrict

or limit the authority of the superintendent or director in any manner

deemed advisable by the commissioner.

9. The provisions of this section shall not be construed in such

manner as to be in conflict with any provision of law that specifically

provides for circumstances under which incarcerated individuals may be

permitted to leave institutions.