N.Y. Comp. Codes R. & Regs. tit. 9 § 5.17
WHEREAS, it is the first obligation of Government to protect its citizens from crime and violence;
WHEREAS, the release of a person convicted of a homicide offense or sex offense who has not served his or her full sentence is a threat to public safety and welfare;
WHEREAS, the statutory restriction against homicide offenders and sex offenders participating in work release, set forth in Correction Law Section 851(2), expired on August 31, 1995;
WHEREAS, protecting the safety and welfare of the public requires that this restriction be continued and be made applicable to all programs of temporary release as well as eligibility for transfer to a residential treatment facility;
WHEREAS, this Administration has pledged to protect the personal freedoms of innocent law-abiding citizens and eliminate temporary release for dangerous felons; and
WHEREAS, the Commissioner of the Department of Correctional Services has determined that there is adequate capacity in the correctional system to continue the restriction against homicide and sex offenders participating in work release and to make it applicable to all programs of temporary release as well as eligibility for transfer to a residential treatment facility;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order the Commissioner of the Department of Correctional Services to promulgate, modify, adopt or rescind any rules or regulations, or emergency rules or regulations, as may be necessary from time to time to prevent the future transfer to any temporary release program or residential treatment facility of any inmate sentenced upon a conviction for any homicide offense defined in Article 125 of the Penal Law, any sex offense defined in Article 130 or Section 255.25 of the Penal Law, or for any attempt or conspiracy to commit any such offense; and be it
FURTHER ORDERED, that said rules or regulations or emergency rules or regulations are responsive to emergencies affecting the public safety or welfare and are exempt from any restrictions imposed pursuant to Executive Order Number 2;
For the purpose of this Executive order, the term rule "rule" shall have the same meaning as defined in Section 102 of the State Administrative Procedure Act and "emergency rule" shall have the same meaning as defined in section 202(6) of the State Administrative Act.
Signed: George E. Pataki
Dated: September 1, 1995
N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.17