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This entry was published on 2021-08-13
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SECTION 855
Procedure for temporary release of incarcerated individuals
Correction (COR) CHAPTER 43, ARTICLE 26
* § 855. Procedure for temporary release of incarcerated individuals.
1. A person confined in an institution designated for the conduct of
work release programs who is an eligible incarcerated individual, may
make application to the temporary release committee of the institution
for permission to participate in a work release program.

2. Any eligible incarcerated individual may make application to the
temporary release committee for participation in a furlough program or
community services program, or for an industrial training leave or
educational leave.

3. Any incarcerated individual may make application to the temporary
release committee for a leave of absence provided, however, that in
exigent circumstances such application may be made directly to the
superintendent of the institution and the superintendent may exercise
all of the powers of the temporary release committee subject, however,
to any limitation or requirement set forth in the rules and regulations
of the department and subject further to the discretion of the
commissioner. All leave of absences provided in exigent circumstances
shall state the reasons for approval or disapproval of the application
and shall be included in the incarcerated individual's institutional
parole file.

4. If the temporary release committee determines that a temporary
release program for the applicant is consistent with the safety of the
community and the welfare of the applicant, and is consistent with rules
and regulations of the department, the committee, with the assistance of
the employees or unit designated by the commissioner pursuant to
subdivision four of section eight hundred fifty-two of this article,
shall develop a suitable program of temporary release for the applicant.
Consistent with these provisions, any educational leave program shall
consider the scheduling of classes to insure a reduction of release time
not spent in educational pursuits.

5. The committee shall then prepare a memorandum setting forth the
details of the temporary release program including the extended bounds
of confinement and any other matter required by rules or regulations of
the department. Such memorandum shall be transmitted to the
superintendent who may approve or reject the program, subject to rules
and regulations promulgated by the commissioner. If the superintendent
approves the program, he or she shall indicate such approval in writing
by signing the memorandum. If the superintendent rejects the program, he
or she shall state his or her reasons in writing and a copy of his or
her statement shall be given to the incarcerated individual and to the
commissioner and such decision shall be reviewed by the commissioner. If
the commissioner rejects the program, he or she shall state his or her
reasons in writing. A copy of such statement shall be filed in the
incarcerated individual's institutional file.

6. In order for an applicant to accept a program of temporary release,
such incarcerated individual shall agree to be bound by all the terms
and conditions thereof and shall indicate such agreement by signing the
memorandum of the program immediately below a statement reading as
follows: "I accept the foregoing program and agree to be bound by the
terms and conditions thereof. I understand that I will be under the
supervision of the state department of corrections and community
supervision while I am away from the premises of the institution and I
agree to comply with the instructions of any parole officer or other
employee of the department assigned to supervise me. I understand that
my participation in the program is a privilege which may be revoked at
any time, and that if I violate any provision of the program I may be
taken into custody by any peace officer or police officer and I will be
subject to disciplinary procedures. I further understand that if I
intentionally fail to return to the institution at or before the time
specified in the memorandum I may be found guilty of a felony." Such
agreement shall be placed on file at the institution from which such
temporary release is granted.

7. After approving the program of temporary release, the
superintendent may then permit an incarcerated individual who has
accepted such program to go outside the premises of the institution
within the limits of the extended bounds of confinement described in the
memorandum; provided, however, that no such permission shall become
effective in the case of a work release or furlough program prior to the
time at which the person to be released becomes an eligible incarcerated
individual.

8. At least three days before releasing an incarcerated individual on
a temporary release program, the superintendent shall notify in writing
the sheriff or chief of police of the community into which the
incarcerated individual is to be released.

9. Participation in a temporary release program shall be a privilege.
Nothing contained in this article may be construed to confer upon any
incarcerated individual the right to participate, or to continue to
participate, in a temporary release program. The superintendent of the
institution may at any time, and upon recommendation of the temporary
release committee or of the commissioner or of the chairman of the state
board of parole or his or her designee shall, revoke any incarcerated
individual's privilege to participate in a program of temporary release
in accordance with regulations promulgated by the commissioner.

* NB Effective until September 1, 2023

* § 853. Procedure for release of eligible incarcerated individuals.
1. A person confined in an institution designated for the conduct of
work release programs who is, or who within ninety days will become, an
eligible incarcerated individual, may make application to the work
release committee of the institution for permission to participate in a
work release program.

2. If the work release committee determines that a work release
program for the applicant is consistent with the safety of the
community, is in the best interests of rehabilitation of the applicant,
and is consistent with rules and regulations of the commissioner, the
committee shall develop a suitable program of work release for the
applicant.

3. The committee shall then prepare a memorandum setting forth the
details of the work release program, including the extended bounds of
confinement and any other matter required by rules or regulations of the
commissioner. Such memorandum shall be transmitted to the warden who may
approve or reject the program. If the warden approves the program, he or
she shall indicate such approval in writing by signing the memorandum.
If the warden rejects the program, such decision shall be reviewed by
the commissioner.

4. In order for an applicant to accept a program of work release, he
or she shall agree to be bound by all the terms and conditions thereof
and shall indicate such agreement by signing the memorandum of the
program immediately below a statement reading as follows: "I accept the
foregoing program and agree to be bound by the terms and conditions
thereof. I understand that I will be under the supervision of the
department of corrections and community supervision while I am away from
the premises of the institution and I agree to comply with the
instructions of any parole officer assigned to supervise me. I will
carry a copy of this memorandum on my person at all times while I am
away from the premises of the institution and I will exhibit it to any
peace officer upon his or her request. I understand that my
participation in the program is a privilege which may be revoked at any
time, and that if I violate any provision of the program I may be taken
into custody by any peace officer and I will be subject to disciplinary
procedures. I further understand that if I intentionally fail to return
to the institution at or before the time specified in the memorandum I
may be found guilty of a felony."

5. After approving the program of work release, the warden may then
permit an eligible incarcerated individual who has accepted such program
to go outside the premises of the institution within the limits of the
extended bounds of confinement described in the memorandum.

6. Participation in a work release program shall be a privilege.
Nothing contained in this article may be construed to confer upon any
incarcerated individual the right to participate, or to continue to
participate, in a work release program. The warden of the institution
may at any time, and upon recommendation of the work release committee
or of the chairman of the state board of parole or his or her designee
shall, revoke any incarcerated individual's privilege to participate in
a program of work release.

* NB Effective September 1, 2023