Senate Bill S3056

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

                                  3056

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by Sens. YOUNG, GALLIVAN, LARKIN, MARCHIONE, O'MARA, RANZEN-
  HOFER -- 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.
                                                           LBD05953-01-5

              

S. 3056                             2

  S  3.  The  opening  paragraph  of subdivision 9 of section 855 of the
correction law is designated paragraph (a) and a new  paragraph  (b)  is
added to read as follows:
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, AN INMATE MAY REFUSE TO ACCEPT  A  PROGRAM  OF  TEMPORARY  RELEASE
WHICH   IS  A  WORK  RELEASE  PROGRAM  THAT  INCLUDES  EMPLOYMENT  BY  A
NOT-FOR-PROFIT ORGANIZATION WHEN  EMPLOYMENT  BY  SUCH  ORGANIZATION  IS
CONTRARY  TO  THE  INMATE'S  RELIGIOUS  OR  IDEOLOGICAL BELIEFS. NO SUCH
REFUSAL SHALL BE CONSIDERED IN ANY DETERMINATION OF SUCH INMATE'S  RIGHT
TO  PARTICIPATE  OR  TO  CONTINUE  TO PARTICIPATE IN A TEMPORARY RELEASE
PROGRAM.
  S 4. The opening paragraph of subdivision 6  of  section  853  of  the
correction  law,  as added by chapter 472 of the laws of 1969, is desig-
nated paragraph (a) and a new paragraph (b) is added to read as follows:
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  AN  INMATE  MAY  REFUSE  TO  ACCEPT  A WORK RELEASE PROGRAM WHICH
INCLUDES EMPLOYMENT BY A NOT-FOR-PROFIT ORGANIZATION  WHEN  UNEMPLOYMENT
BY  SUCH  ORGANIZATION IS CONTRARY TO THE INMATE'S RELIGIOUS OR IDEOLOG-
ICAL BELIEFS. NO SUCH REFUSAL SHALL BE CONSIDERED IN  ANY  DETERMINATION
OF SUCH INMATE'S RIGHT TO PARTICIPATE OR TO CONTINUE TO PARTICIPATE IN A
WORK RELEASE PROGRAM.
  S  5.  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 6. Section 871 of the correction law is  amended  by  adding  a  new
subdivision (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SECTION, A PRISONER
MAY REFUSE TO ACCEPT A WORK RELEASE PROGRAM WHICH INCLUDES EMPLOYMENT BY
A NOT-FOR-PROFIT ORGANIZATION WHEN EMPLOYMENT BY  SUCH  ORGANIZATION  IS
CONTRARY  TO  THE  PRISONER'S  RELIGIOUS OR IDEOLOGICAL BELIEFS. NO SUCH
REFUSAL SHALL BE CONSIDERED IN  ANY  DETERMINATION  OF  SUCH  PRISONER'S
RIGHT  TO  PARTICIPATE  OR  TO CONTINUE TO PARTICIPATE IN A WORK RELEASE
PROGRAM.
  S 7. 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; and provided, further, that the amendments to section
855 of the correction law, made by section three 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 four of this act shall take effect.