Legislation

Search OpenLegislation Statutes

This entry was published on 2023-05-12
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 634
Conduct of incarcerated individuals participating in furlough program
Correction (COR) CHAPTER 43, ARTICLE 22-A
* § 634. Conduct of incarcerated individuals participating in furlough
program. 1. An incarcerated individual who is permitted to leave the
premises of an institution to participate in a furlough program shall
have on his or her person a copy of the memorandum of that program as
signed by the warden of the institution and shall exhibit such copy to
any peace officer or police officer upon request of such officer.

2. If the incarcerated individual violates any provision of the
program, or any rule, or regulation promulgated by the commissioner for
conduct of incarcerated individuals participating in furlough programs,
he or she shall be subject to disciplinary measures to the same extent
as if he or she violated a rule or regulation of the commissioner for
conduct of incarcerated individuals within the premises of the
institution.

3. The provisions of this section relating to good behavior of
incarcerated individuals while participating in furlough programs
outside the premises of institutions, and such allowances may be
granted, withheld, forfeited or cancelled in whole or part for behavior
outside the premises of an institution to the same extent and in the
same manner as is provided for behavior of incarcerated individuals
within the premises of the institutions.

4. An incarcerated individual who is in violation of the provisions of
his or her furlough program may be taken into custody by any peace
officer or police officer and, in such event the incarcerated individual
shall be returned forthwith to the institution that released him or her.
In any case where the institution is in a county other than the one in
which the incarcerated individual is apprehended, the officer may
deliver the incarcerated individual to the nearest institution, jail or
lockup and it shall be the duty of the person in charge of said facility
to hold such incarcerated individual securely until such time as he or
she is delivered into the custody of an officer of the institution from
which he or she was released. Upon delivering the incarcerated
individual to an institution, jail or lockup, other than the one from
which he or she was released, the officer who apprehended the
incarcerated individual shall forthwith notify the warden of the
institution from which the incarcerated individual was released and it
shall be the duty of the warden to effect the expeditious return of the
incarcerated individual to the institution.

* NB Repealed September 1, 2025