N.Y. Correct. Law § 851

* § 851. Definitions. As used in this article the following terms have\nthe following meanings:\n 1. "Institution" means any institution under the jurisdiction of the\nstate department of corrections and community supervision or an\ninstitution designated by the commissioner pursuant to section\nseventy-two-a of this chapter.\n 2. "Eligible inmate" means: a person confined in an institution who is\neligible for release on parole or who will become eligible for release\non parole or conditional release within two years. Provided, however,\nthat a person under sentence for an offense defined in paragraphs (a)\nand (b) of subdivision one of section 70.02 of the penal law, where such\noffense involved the use or threatened use of a deadly weapon or\ndangerous instrument shall not be eligible to participate in a work\nrelease program until he or she is eligible for release on parole or who\nwill be eligible for release on parole or conditional release within\neighteen months. Provided, further, however, that a person under a\ndeterminate sentence as a second felony drug offender for a class B\nfelony offense defined in article two hundred twenty of the penal law,\nwho was sentenced pursuant to section 70.70 of such law, shall not be\neligible to participate in a temporary release program until the time\nserved under imprisonment for his or her determinate sentence, including\nany jail time credited pursuant to the provisions of article seventy of\nthe penal law, shall be at least eighteen months. In the case of a\nperson serving an indeterminate sentence of imprisonment imposed\npursuant to the penal law in effect after September one, nineteen\nhundred sixty-seven, for the purposes of this article parole eligibility\nshall be upon the expiration of the minimum period of imprisonment fixed\nby the court or where the court has not fixed any period, after service\nof the minimum period fixed by the state board of parole. If an inmate\nis denied release on parole, such inmate shall not be deemed an eligible\ninmate until he or she is within two years of his or her next scheduled\nappearance before the state parole board. In any case where an inmate is\ndenied release on parole while participating in a temporary release\nprogram, the department shall review the status of the inmate to\ndetermine if continued placement in the program is appropriate. No\nperson convicted of any escape or absconding offense defined in article\ntwo hundred five of the penal law shall be eligible for temporary\nrelease. Further, no person under sentence for aggravated harassment of\nan employee by an inmate as defined in section 240.32 of the penal law\nfor, any homicide offense defined in article one hundred twenty-five of\nthe penal law, for any sex offense defined in article one hundred thirty\nof the penal law, or for an offense defined in section 255.25, 255.26 or\n255.27 of the penal law shall be eligible to participate in a work\nrelease program as defined in subdivision three of this section. Nor\nshall any person under sentence for any sex offense defined in article\none hundred thirty of the penal law be eligible to participate in a\ncommunity services program as defined in subdivision five of this\nsection. Notwithstanding the foregoing, no person who is an otherwise\neligible inmate who is under sentence for a crime involving: (a)\ninfliction of serious physical injury upon another as defined in the\npenal law or (b) any other offense involving the use or threatened use\nof a deadly weapon may participate in a temporary release program\nwithout the written approval of the commissioner. The commissioner shall\npromulgate regulations giving direction to the temporary release\ncommittee at each institution in order to aid such committees in\ncarrying out this mandate.\n The governor, by executive order, may exclude or limit the\nparticipation of any class of otherwise eligible inmates from\nparticipation in a temporary release program. Nothing in this paragraph\nshall be construed to affect either the validity of any executive order\npreviously issued limiting the participation of otherwise eligible\ninmates in such program or the authority of the commissioner to impose\nappropriate regulations limiting such participation.\n 2-a. Notwithstanding subdivision two of this section, the term\n"eligible inmate" shall also include a person confined in an institution\nwho is eligible for release on parole or who will become eligible for\nrelease on parole or conditional release within two years, and who was\nconvicted of a homicide offense as defined in article one hundred\ntwenty-five of the penal law or an assault offense defined in article\none hundred twenty of the penal law, and who can demonstrate to the\ncommissioner that: (a) the victim of such homicide or assault was a\nmember of the inmate's immediate family as that term is defined in\nsection 120.40 of the penal law or had a child in common with the\ninmate; (b) the inmate was subjected to substantial physical, sexual or\npsychological abuse committed by the victim of such homicide or assault;\nand (c) such abuse was a substantial factor in causing the inmate to\ncommit such homicide or assault. With respect to an inmate's claim that\nhe or she was subjected to substantial physical, sexual or psychological\nabuse committed by the victim, such demonstration shall include\ncorroborative material that may include, but is not limited to, witness\nstatements, social services records, hospital records, law enforcement\nrecords and a showing based in part on documentation prepared at or near\nthe time of the commission of the offense or the prosecution thereof\ntending to support the inmate's claim. Prior to making a determination\nunder this subdivision, the commissioner is required to request and take\ninto consideration the opinion of the district attorney who prosecuted\nthe underlying homicide or assault offense and the opinion of the\nsentencing court. If such opinions are received within forty-five days\nof the request, the commissioner shall take them into consideration. If\nsuch opinions are not so received, the commissioner may proceed with the\ndetermination. Any action by the commissioner pursuant to this\nsubdivision shall be deemed a judicial function and shall not be\nreviewable in any court.\n 2-b. When calculating in advance the date on which a person is or will\nbe eligible for release on parole or conditional release, for purposes\nof determining eligibility for temporary release or for placement at an\nalcohol and substance abuse treatment correctional annex, the\ncommissioner shall consider and include credit for all potential credits\nand reductions including but not limited to merit time and good behavior\nallowances. Nothing in this subdivision shall be interpreted as\nprecluding the consideration and inclusion of credit for all potential\ncredits and reductions including, but not limited to, merit time and\ngood behavior allowances when calculating in advance for any other\npurpose the date on which a person is or will be eligible for release on\nparole or conditional release.\n 3. "Work release program" means a program under which eligible inmates\nmay be granted the privilege of leaving the premises of an institution\nfor a period not exceeding fourteen hours in any day for the purpose of\non-the-job training or employment, or for any matter necessary to the\nfurtherance of any such purposes. No person shall be released into a\nwork release program unless prior to release such person has a\nreasonable assurance of a job training program or employment. If after\nrelease, such person ceases to be employed or ceases to participate in\nthe training program, the inmate's privilege to participate in such work\nrelease program may be revoked in accordance with rules and regulations\npromulgated by the commissioner.\n 4. "Furlough program" means a program under which eligible inmates may\nbe granted the privilege of leaving the premises of an institution for a\nperiod not exceeding seven days for the purpose of seeking employment,\nmaintaining family ties, solving family problems, seeking post-release\nhousing, attending a short-term educational or vocational training\ncourse, or for any matter necessary to the furtherance of any such\npurposes.\n 5. "Community services program" means a program under which eligible\ninmates may be granted the privilege of leaving the premises of an\ninstitution for a period not exceeding fourteen hours in any day for the\npurpose of participation in religious services, volunteer work, or\nathletic events, or for any matter necessary to the furtherance of any\nsuch purposes.\n 6. "Leave of absence" means a privilege granted to an inmate, who need\nnot be an "eligible inmate," to leave the premises of an institution for\nthe period of time necessary:\n (a) to visit his or her spouse, child, brother, sister, grandchild,\nparent, grandparent or ancestral aunt or uncle during his or her last\nillness if death appears to be imminent;\n (b) to attend the funeral of such individual;\n (c) to undergo surgery or to receive medical or dental treatment not\navailable in the correctional institution only if deemed absolutely\nnecessary to the health and well-being of the inmate and whose approval\nis granted by the commissioner or his designated representative.\n 7. "Educational leave" means a privilege granted to an eligible inmate\nto leave the premises of an institution for a period not exceeding\nfourteen hours in any day for the purpose of education or vocational\ntraining, or for any matter necessary to the furtherance of any such\npurposes.\n 8. "Industrial training leave" means a privilege granted to an\neligible inmate to leave the premises of an institution for a period not\nexceeding fourteen hours in any day for the purpose of participating in\nan industrial training program, or for any matter necessary to the\nfurtherance of any such purpose.\n 9. "Temporary release program" means a "work release program," a\n"furlough program," a "community services program," an "industrial\ntraining leave," an "educational leave," or a "leave of absence."\n 10. "Extended bounds of confinement" means the area in which an inmate\nparticipating in a temporary release program may travel, the routes he\nor she is permitted to use, the places he or she is authorized to visit,\nand the hours, days, or specially defined period during which he or she\nis permitted to be absent from the premises of the institution.\n 11. "Temporary release committee" means the body of persons, which may\ninclude members of the public, appointed pursuant to regulations\npromulgated by the commissioner to serve at the pleasure of the\ncommissioner for the purpose of formulating, modifying and revoking\ntemporary release programs at an institution.\n 12. "Superintendent" means the person in charge of an institution, by\nwhatever title he or she may be known.\n * NB Effective until September 1, 2017\n