N.Y. Correct. Law § 72

§ 72. Confinement of persons by the department. 1. Except as otherwise\nprovided in this section, all persons committed, transferred, certified\nto or placed in the care or custody of the department shall be confined\nin institutions maintained by the department until paroled,\nconditionally released, transferred to the care of another agency or\nreleased or discharged in accordance with the law.\n 2. The commissioner, or the superintendent or director of an\ninstitution in which an inmate is confined, may permit an inmate to be\ntaken, under guard, to any place or for any purpose authorized by law,\nand the commissioner must provide for delivery of an inmate, under\nguard, to any place where his presence is required pursuant to an order\nof a court that has authority to require his presence.\n 2-a. The commissioner, superintendent, or director of an institution\nin which an inmate is confined, may permit an inmate, wishing to do so,\nto leave the institution under guard for the purpose of performing\nvolunteer labor or services when in the public interest upon the threat\nor occurrence of a natural disaster, including but not limited to flood,\nearthquake, hurricane, landslide or fire. An inmate may also be\npermitted to leave the institution under guard to voluntarily perform\nwork for a nonprofit organization pursuant to this subdivision. As used\nin this subdivision, the term "nonprofit organization" means an\norganization operated exclusively for religious, charitable, or\neducational purposes, no part of the net earnings of which inures to the\nbenefit of any private shareholder or individual.\n 2-b. The commissioner, or his designee as authorized by the\ncommissioner, may permit an inmate to be taken under guard to any place\nto participate in an industrial training program.\n 3. The superintendent or director of an institution may permit inmates\nto leave the institution for the purpose of performing maintenance work\nor farm work, or any other work necessary or appropriate for the upkeep,\noperations or business of the institution or the department.\n 4. Any inmate who is confined in a correctional facility and who is\neligible for parole or who will become eligible for parole within two\nyears or who has one year or less remaining to be served under his\nsentence may be transferred by the commissioner to a correctional camp\nand may be permitted, by the superintendent, to leave the camp to engage\nin conservation or forestry work or for any purpose permitted under\nsubdivisions two and three of this section.\n * 5. An inmate may be permitted to leave the institution to\nparticipate in a temporary release program in accordance with the\nprovisions of article twenty-six of this chapter.\n * NB Effective until September 1, 2017\n * 5. An inmate of a work release facility may be permitted to leave\nthe facility to participate in a work release program in accordance with\nthe provisions of article twenty-six of this chapter.\n * NB Effective September 1, 2017\n 6. An inmate of a residential treatment facility may be permitted to\nleave such facility in accordance with the provisions of section\nseventy-three of this article.\n 7. An inmate of a shock incarceration correctional facility may be\npermitted to leave the facility to participate in programs in accordance\nwith the provisions of article twenty-six-A of this chapter.\n 8. In any case where the decision to permit an inmate to leave an\ninstitution is made by a person other than the commissioner or a deputy\ncommissioner of correction such action and the manner in which it is\ncarried out shall be in strict accordance with the rules and regulations\nof the department. Such rules and regulations may restrict or limit the\nauthority of the superintendent or director in any manner deemed\nadvisable by the commissioner.\n 9. The provisions of this section shall not be construed in such\nmanner as to be in conflict with any provision of law that specifically\nprovides for circumstances under which inmates may be permitted to leave\ninstitutions.\n