N.Y. Correction Law § 856: Conduct of incarcerated individuals participating in a temporary release program

* § 856. Conduct of incarcerated individuals participating in a

temporary release program. 1. An incarcerated individual who is

permitted to leave the premises of an institution to participate in a

temporary release program shall have on his or her person a card

identifying him or her as a participant in a temporary release program

as signed by the superintendent of the institution at all times while

outside the premises of the institution and shall exhibit such card to

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

commissioner may, by regulation, require such information, including

effective dates, to be included in such card as he or she shall deem

necessary and proper.

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 temporary release

programs, such incarcerated individual 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. The failure of an incarcerated

individual to voluntarily return to the institution of his or her

confinement more than ten hours after his or her prescribed time of

return shall create a rebuttable presumption that the failure to return

was intentional. Any incarcerated individual who is found to have

intentionally failed to return pursuant to this subdivision shall be an

absconder in violation of his or her temporary release program and will

not be an eligible incarcerated individual as defined in subdivision two

of section eight hundred fifty-one of this chapter. The creation of such

rebuttable presumption shall not be admissible in any court of law as

evidence of the commission of any crime defined in the penal law. A full

report of any such violation, a summary of the facts and findings of the

disciplinary hearing and disciplinary measures taken, shall be made

available to the board for the incarcerated individual's next scheduled

appearance before the state board of parole including any defense or

explanation offered by the incarcerated individual in response at such

hearing.

3. The provisions of this chapter relating to good behavior allowances

shall apply to behavior of incarcerated individuals while participating

in temporary release programs outside the premises of institutions, and

such allowances may be granted, withheld, forfeited or cancelled in

whole or in 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 institutions.

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

his or her temporary release 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 either the institution that

released him or her, or to the nearest secure facility where greater

security is indicated. 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 the incarcerated individual was released, the

officer who apprehended the incarcerated individual shall forthwith

notify the superintendent of the institution from which the incarcerated

individual was released and it shall be the duty of the superintendent

to effect the expeditious return of the incarcerated individual to the

institution.

5. Upon the conclusion or termination of a temporary release program,

a full report of the incarcerated individual's performance in such

program shall be prepared in accordance with regulations of the

commissioner. Such report shall include but not be limited to:

adjustment to release, supervision contacts, statement of any violations

of the terms and conditions of release and of any disciplinary actions

taken, and an assessment of the incarcerated individual's suitability

for parole. Such report shall be made available to the state board of

parole for the incarcerated individual's next scheduled appearance

before such board.

* NB Effective until September 1, 2027

* § 854. Conduct of incarcerated individuals participating in work

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

the premises of an institution to participate in a program of work

release shall have on his or her person a copy of the memorandum of that

program as signed by the warden of the institution at all times while

outside the premises of the institution and shall exhibit such copy to

any peace officer upon request of the officer.

2. If the incarcerated individual violates any provision of the

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

corrections and community supervision for conduct of incarcerated

individuals participating in work release 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 chapter relating to good behavior allowances

shall apply to behavior of incarcerated individuals while participating

in work release programs outside the premises of institutions, and such

allowances may be granted, withheld, forfeited or cancelled in whole or

in 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 institutions.

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

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

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 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 peace 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 Effective September 1, 2027