N.Y. Correction Law § 871: Procedures

§ 871. Procedures. (a) Any prisoner sentenced to and confined in any

jail for which the sheriff has established a work release program may

apply to the sheriff for permission to participate in such program.

Pursuant to rules and regulations promulgated by the sheriff and

approved by the state commission of correction, the sheriff may approve

or disapprove the application. In the event of approval, the sheriff

shall prepare a specific, written work release plan for the prisoner

which shall contain such terms and conditions as shall be deemed

reasonably proper and necessary. The prisoner shall signify in writing

his agreement to the terms of the work release plan in such form as the

sheriff shall specify and a copy of the work release plan shall be

delivered to the prisoner prior to his participation therein. The work

release plan may be revoked, suspended or modified by the sheriff at any

time for good cause, with or without notice to the prisoner. Any

disapproval, revocation, suspension or modification of a work release

application or plan shall be reviewable by the state commission of

correction upon written request of the prisoner which shall be forwarded

immediately to the commission by the sheriff. The decision of the

commission shall be final and not be subject to judicial review.

(b) The sheriff shall appoint a committee, to be known as the work

release committee, composed of at least one member of the county

department of probation and of such members of the staff of the jail of

confinement as he shall deem proper. The work release committee may also

include such other persons whom the sheriff may deem proper, and such

persons shall be selected upon the basis of their knowledge and

experience in the field of penology, law, medicine, labor, commerce,

theology or social services. The committee shall advise and assist the

sheriff in administering the work release program, provided, however,

that any determination to approve, disapprove, revoke, suspend or modify

any work release application or plan shall rest solely in the discretion

of the sheriff subject to review by the commission of correction as set

forth in subdivision (a) of this section.

(c) The sheriff and work release committee may assist prisoners

seeking admission to the work release program in securing gainful

employment or participation in a publicly or privately sponsored program

of vocational training.

(d) A work release plan may include employment within a county other

than that in which the jail of confinement is located. The sheriff may

arrange with the sheriff or the superintendent or other person in charge

of a jail or penitentiary of any other county which has adopted a work

release program to maintain custody of any prisoner employed in such

other county during the period of employment or until his discharge from

confinement, whichever shall occur first. In such event, the sheriff or

superintendent of the jail or penitentiary having such custody of the

prisoner shall dispose of the earnings of the prisoner pursuant to

section eight hundred seventy-two of this article.