N.Y. Correct. Law § 855

* § 855. Procedure for temporary release of inmates. 1. A person\nconfined in an institution designated for the conduct of work release\nprograms who is an eligible inmate, may make application to the\ntemporary release committee of the institution for permission to\nparticipate in a work release program.\n 2. Any eligible inmate may make application to the temporary release\ncommittee for participation in a furlough program or community services\nprogram, or for an industrial training leave or educational leave.\n 3. Any inmate may make application to the temporary release committee\nfor a leave of absence provided, however, that in exigent circumstances\nsuch application may be made directly to the superintendent of the\ninstitution and the superintendent may exercise all of the powers of the\ntemporary release committee subject, however, to any limitation or\nrequirement set forth in the rules and regulations of the department and\nsubject further to the discretion of the commissioner. All leave of\nabsences provided in exigent circumstances shall state the reasons for\napproval or disapproval of the application and shall be included in the\ninmate's institutional parole file.\n 4. If the temporary release committee determines that a temporary\nrelease program for the applicant is consistent with the safety of the\ncommunity and the welfare of the applicant, and is consistent with rules\nand regulations of the department, the committee, with the assistance of\nthe employees or unit designated by the commissioner pursuant to\nsubdivision four of section eight hundred fifty-two of this article,\nshall develop a suitable program of temporary release for the applicant.\nConsistent with these provisions, any educational leave program shall\nconsider the scheduling of classes to insure a reduction of release time\nnot spent in educational pursuits.\n 5. The committee shall then prepare a memorandum setting forth the\ndetails of the temporary release program including the extended bounds\nof confinement and any other matter required by rules or regulations of\nthe department. Such memorandum shall be transmitted to the\nsuperintendent who may approve or reject the program, subject to rules\nand regulations promulgated by the commissioner. If the superintendent\napproves the program, he shall indicate such approval in writing by\nsigning the memorandum. If the superintendent rejects the program, he\nshall state his reasons in writing and a copy of his statement shall be\ngiven to the inmate and to the commissioner and such decision shall be\nreviewed by the commissioner. If the commissioner rejects the program,\nhe shall state his reasons in writing. A copy of such statement shall be\nfiled in the inmate's institutional file.\n 6. In order for an applicant to accept a program of temporary release,\nsuch inmate shall agree to be bound by all the terms and conditions\nthereof and shall indicate such agreement by signing the memorandum of\nthe program immediately below a statement reading as follows: "I accept\nthe foregoing program and agree to be bound by the terms and conditions\nthereof. I understand that I will be under the supervision of the state\ndepartment of corrections and community supervision while I am away from\nthe premises of the institution and I agree to comply with the\ninstructions of any parole officer or other employee of the department\nassigned to supervise me. I understand that my participation in the\nprogram is a privilege which may be revoked at any time, and that if I\nviolate any provision of the program I may be taken into custody by any\npeace officer or police officer and I will be subject to disciplinary\nprocedures. I further understand that if I intentionally fail to return\nto the institution at or before the time specified in the memorandum I\nmay be found guilty of a felony." Such agreement shall be placed on file\nat the institution from which such temporary release is granted.\n 7. After approving the program of temporary release, the\nsuperintendent may then permit an inmate who has accepted such program\nto go outside the premises of the institution within the limits of the\nextended bounds of confinement described in the memorandum; provided,\nhowever, that no such permission shall become effective in the case of a\nwork release or furlough program prior to the time at which the person\nto be released becomes an eligible inmate.\n 8. At least three days before releasing an inmate on a temporary\nrelease program, the superintendent shall notify in writing the sheriff\nor chief of police of the community into which the inmate is to be\nreleased.\n 9. Participation in a temporary release program shall be a privilege.\nNothing contained in this article may be construed to confer upon any\ninmate the right to participate, or to continue to participate, in a\ntemporary release program. The superintendent of the institution may at\nany time, and upon recommendation of the temporary release committee or\nof the commissioner or of the chairman of the state board of parole or\nhis designee shall, revoke any inmate's privilege to participate in a\nprogram of temporary release in accordance with regulations promulgated\nby the commissioner.\n * NB Effective until September 1, 2017\n * § 853. Procedure for release of eligible inmates. 1. A person\nconfined in an institution designated for the conduct of work release\nprograms who is, or who within ninety days will become, an eligible\ninmate, may make application to the work release committee of the\ninstitution for permission to participate in a work release program.\n 2. If the work release committee determines that a work release\nprogram for the applicant is consistent with the safety of the\ncommunity, is in the best interests of rehabilitation of the applicant,\nand is consistent with rules and regulations of the commissioner, the\ncommittee shall develop a suitable program of work release for the\napplicant.\n 3. The committee shall then prepare a memorandum setting forth the\ndetails of the work release program, including the extended bounds of\nconfinement and any other matter required by rules or regulations of the\ncommissioner. Such memorandum shall be transmitted to the warden who may\napprove or reject the program. If the warden approves the program, he or\nshe shall indicate such approval in writing by signing the memorandum.\nIf the warden rejects the program, such decision shall be reviewed by\nthe commissioner.\n 4. In order for an applicant to accept a program of work release, he\nor she shall agree to be bound by all the terms and conditions thereof\nand shall indicate such agreement by signing the memorandum of the\nprogram immediately below a statement reading as follows: "I accept the\nforegoing program and agree to be bound by the terms and conditions\nthereof. I understand that I will be under the supervision of the\ndepartment of corrections and community supervision while I am away from\nthe premises of the institution and I agree to comply with the\ninstructions of any parole officer assigned to supervise me. I will\ncarry a copy of this memorandum on my person at all times while I am\naway from the premises of the institution and I will exhibit it to any\npeace officer upon his or her request. I understand that my\nparticipation in the program is a privilege which may be revoked at any\ntime, and that if I violate any provision of the program I may be taken\ninto custody by any peace officer and I will be subject to disciplinary\nprocedures. I further understand that if I intentionally fail to return\nto the institution at or before the time specified in the memorandum I\nmay be found guilty of a felony."\n 5. After approving the program of work release, the warden may then\npermit an eligible inmate who has accepted such program to go outside\nthe premises of the institution within the limits of the extended bounds\nof confinement described in the memorandum.\n 6. Participation in a work release program shall be a privilege.\nNothing contained in this article may be construed to confer upon any\ninmate the right to participate, or to continue to participate, in a\nwork release program. The warden of the institution may at any time, and\nupon recommendation of the work release committee or of the chairman of\nthe state board of parole or his designee shall, revoke any inmate's\nprivilege to participate in a program of work release.\n * NB Effective September 1, 2017\n