Current through 2024 NY Law Chapters 1-50, 52-55, 57, 61-117
Section 855 - [Effective 9/1/2025] Procedure for release of eligible incarcerated individuals1. 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.Amended by New York Laws 2023, ch. 55,Sec. A-6, eff. 5/3/2023.Amended by New York Laws 2021 , ch. 322, Secs. 231, 231-a eff. 8/2/2021.This section is set out more than once due to postponed, multiple, or conflicting amendments.