S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3409

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 18, 2009
                               ___________

Introduced  by  Sens.  YOUNG,  LARKIN,  SALAND -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

AN  ACT  to amend the correction law, in relation to authorizing employ-
  ment by not-for-profit organizations and public service projects under
  the work release program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section 851 of the correction law, as
amended by chapter 60 of the  laws  of  1994,  is  amended  to  read  as
follows:
  3. "Work release program" means a program under which eligible inmates
may  be  granted the privilege of leaving the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose  of
on-the-job   training   or   employment,   INCLUDING   EMPLOYMENT  BY  A
NOT-FOR-PROFIT ORGANIZATION OR A PUBLIC  SERVICE  PROJECT,  or  for  any
matter  necessary  to  the  furtherance  of any such purposes. No person
shall be released into a work release program unless  prior  to  release
such  person  has  a  reasonable  assurance of a job training program or
employment. If after release, such person ceases to be employed or ceas-
es to participate in the training program,  the  inmate's  privilege  to
participate  in  such  work release program may be revoked in accordance
with rules and regulations promulgated by the commissioner.
  S 2. Subdivision 3 of section 851 of the correction law, as  added  by
chapter 472 of the laws of 1969, is amended to read as follows:
  3. "Work release program" means a program under which eligible inmates
may  be  granted the privilege of leaving the premises of an institution
for the purpose of education, on-the-job training or employment, INCLUD-
ING EMPLOYMENT BY A NOT-FOR-PROFIT  ORGANIZATION  OR  A  PUBLIC  SERVICE
PROJECT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07180-01-9

              

S. 3409                             2

  S  3.  Section  870 of the correction law, as amended by chapter 71 of
the laws of 1976, is amended to read as follows:
  S  870.  Establishment of program.   The sheriff, upon approval of the
legislative body of the county, may establish  a  work  release  program
pursuant  to  which  prisoners,  sentenced to and confined in any county
jail under his jurisdiction, may be granted  the  privilege  of  leaving
confinement  for the purpose of working at gainful employment (INCLUDING
EMPLOYMENT  BY  A  NOT-FOR-PROFIT  ORGANIZATION  OR  A  PUBLIC   SERVICE
PROJECT),  participating in a privately or publicly sponsored program of
vocational training, with  or  without  compensation,  or  attending  an
educational  institution.  The work release program may also include the
release from confinement during necessary and reasonable hours  for  the
purpose of caring for the prisoner's family.
  S  4. This act shall take effect immediately, provided that the amend-
ments to subdivision 3 of section 851 of the  correction  law,  made  by
section  one  of this act, shall not affect the expiration and reversion
of such section pursuant to chapter 339 of the laws of 1972, as amended,
and shall expire therewith, when upon such date section two of this  act
shall take effect.