N.Y. Correction Law § 855: Procedure for temporary release of incarcerated individuals

* § 855. Procedure for temporary release of incarcerated individuals.

1. A person confined in an institution designated for the conduct of

work release programs who is an eligible incarcerated individual, may

make application to the temporary release committee of the institution

for permission to participate in a work release program.

2. Any eligible incarcerated individual may make application to the

temporary release committee for participation in a furlough program or

community services program, or for an industrial training leave or

educational leave.

3. Any incarcerated individual may make application to the temporary

release committee for a leave of absence provided, however, that in

exigent circumstances such application may be made directly to the

superintendent of the institution and the superintendent may exercise

all of the powers of the temporary release committee subject, however,

to any limitation or requirement set forth in the rules and regulations

of the department and subject further to the discretion of the

commissioner. All leave of absences provided in exigent circumstances

shall state the reasons for approval or disapproval of the application

and shall be included in the incarcerated individual's institutional

parole file.

4. If the temporary release committee determines that a temporary

release program for the applicant is consistent with the safety of the

community and the welfare of the applicant, and is consistent with rules

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

the employees or unit designated by the commissioner pursuant to

subdivision four of section eight hundred fifty-two of this article,

shall develop a suitable program of temporary release for the applicant.

Consistent with these provisions, any educational leave program shall

consider the scheduling of classes to insure a reduction of release time

not spent in educational pursuits.

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

details of the temporary release program including the extended bounds

of confinement and any other matter required by rules or regulations of

the department. Such memorandum shall be transmitted to the

superintendent who may approve or reject the program, subject to rules

and regulations promulgated by the commissioner. If the superintendent

approves the program, he or she shall indicate such approval in writing

by signing the memorandum. If the superintendent rejects the program, he

or she shall state his or her reasons in writing and a copy of his or

her statement shall be given to the incarcerated individual and to the

commissioner and such decision shall be reviewed by the commissioner. If

the commissioner rejects the program, he or she shall state his or her

reasons in writing. A copy of such statement shall be filed in the

incarcerated individual's institutional file.

6. In order for an applicant to accept a program of temporary release,

such incarcerated individual 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 that I will be under the

supervision of the state department of corrections and community

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

agree to comply with the instructions of any parole officer or other

employee of the department assigned to supervise me. 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 felony." Such

agreement shall be placed on file at the institution from which such

temporary release is granted.

7. After approving the program of temporary release, the

superintendent may then permit an 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 work release or furlough program prior to the

time at which the person to be released becomes an eligible incarcerated

individual.

8. At least three days before releasing an incarcerated individual on

a temporary release program, the superintendent shall notify in writing

the sheriff or chief of police of the community into which the

incarcerated individual is to be released.

9. Participation in a temporary 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 temporary release program. The superintendent of the

institution may at any time, and upon recommendation of the temporary

release committee or of the commissioner or of the chairman of the state

board of parole or his or her designee shall, revoke any incarcerated

individual's privilege to participate in a program of temporary release

in accordance with regulations promulgated by the commissioner.

* NB Effective until September 1, 2027

* § 853. Procedure for release of eligible incarcerated individuals.

1. A person confined in an institution designated for the conduct of

work release programs who is, or who within ninety days will become, an

eligible incarcerated individual, may make application to the work

release committee of the institution for permission to participate in a

work release program.

2. If the work release committee determines that a work release

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 rules and regulations of the commissioner, the

committee shall develop a suitable program of work release for the

applicant.

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

details of the work release program, including the extended bounds of

confinement and any other matter required by rules or regulations of the

commissioner. Such memorandum shall be transmitted to the warden who may

approve or reject the program. If the warden approves the program, he or

she shall indicate such approval in writing by signing the memorandum.

If the warden rejects the program, such decision shall be reviewed by

the commissioner.

4. In order for an applicant to accept a program of work release, he

or she 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 that I will be under the supervision of the

department of corrections and community supervision while I am away from

the premises of the institution and I agree to comply with the

instructions of any parole officer 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 upon his or her 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 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 felony."

5. After approving the program of work release, 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.

6. Participation in a work 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 work release program. The warden of the institution

may at any time, and upon recommendation of the work release committee

or of the chairman of the state board of parole or his or her designee

shall, revoke any incarcerated individual's privilege to participate in

a program of work release.

* NB Effective September 1, 2027