N.Y. Correction Law § 852: Establishment of temporary release

* § 852. Establishment of temporary release. 1. The commissioner,

guided by consideration for the safety of the community and the welfare

of the incarcerated individual, shall review and evaluate all existing

rules, regulations and directives relating to current temporary release

programs and consistent with the provisions of this article for the

administration of temporary release programs shall by January first,

nineteen hundred seventy-eight promulgate new rules and regulations for

the various forms of temporary release. Such rules and regulations shall

reflect the purposes of the different programs and shall include but not

be limited to selection criteria, supervision and procedures for the

disposition of each application.

2. The commissioner shall appoint or cause to be appointed a temporary

release committee for each institution which shall meet on a regularly

scheduled basis to review all applications for temporary release.

3. Work release programs may be established only at institutions

classified by the commissioner as work release facilities. Educational

release programs may be established only at those educational

institutions which shall maintain attendance records for participating

incarcerated individuals.

4. The commissioner shall designate in the rules and regulations of

the department appropriate employees or an appropriate unit of the

department to be responsible for (a) securing education, on-the-job

training and employment opportunities for incarcerated individuals who

are eligible to participate in a work release program, and (b) assisting

such incarcerated individuals in such other manner as necessary or

desirable to assure the success of the program.

5. All incarcerated individuals participating in temporary release

programs shall be assigned to parole officers for supervision. As part

of the parole officer's supervisory functions he or she shall be

required to provide reports every two months on each incarcerated

individual under his or her supervision. Such reports shall include but

not be limited to:

(a) an evaluation of the individual's participation in such program;

(b) a statement of any problems and the manner in which such problems

were resolved relative to an individual's participation in such

programs; and

(c) a recommendation with respect to the individual's continued

participation in the program.

* NB Effective until September 1, 2027

* § 852. Establishment of work release. 1. The commissioner of

correction shall designate one or more institutions for the conduct of

work release programs. Upon such designation the commissioner, with the

approval of the chairman of the board of parole, shall promulgate rules

and regulations consistent with the provisions of this article for the

administration of work release programs at any institution designated,

and shall appoint or cause to be appointed a work release committee for

such institution.

2. The department shall be responsible for securing appropriate

education, on-the-job training and employment opportunities for eligible

incarcerated individuals and shall supervise incarcerated individuals

during their participation in work release programs outside the premises

of institutions.

* NB Effective September 1, 2027