855 - Procedure for temporary release of inmates.

* §  855.  Procedure  for  temporary  release  of inmates. 1. A person  confined in an institution designated for the conduct  of  work  release  programs  who  is  an  eligible  inmate,  may  make  application  to the  temporary  release  committee  of  the  institution  for  permission  to  participate in a work release program.    2.  Any  eligible inmate 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 inmate 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  inmate'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  shall  indicate such approval in writing by  signing the memorandum. If the superintendent rejects  the  program,  he  shall  state his reasons in writing and a copy of his statement shall be  given to the inmate and to the commissioner and such decision  shall  be  reviewed  by  the commissioner. If the commissioner rejects the program,  he shall state his reasons in writing. A copy of such statement shall be  filed in the inmate's institutional file.    6. In order for an applicant to accept a program of temporary release,  such inmate 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 correctional services 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 inmate 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 inmate.    8. At least three days before  releasing  an  inmate  on  a  temporary  release  program, the superintendent shall notify in writing the sheriff  or chief of police of the community into  which  the  inmate  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  inmate  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  designee  shall,  revoke any inmate's privilege to participate in a  program of temporary release in accordance with regulations  promulgated  by the commissioner.    * NB Effective until September 1, 2011    * §  853.  Procedure  for  release  of  eligible  inmates. 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  inmate, 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  of  correction,  the  committee,  with  the  assistance  of  the division of  parole, 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  of correction. Such memorandum shall be transmitted to the  warden who may approve or reject the program. If the warden approves the  program, he shall indicate such  approval  in  writing  by  signing  the  memorandum.  If  the  warden rejects the program, such decision shall be  reviewed by the commissioner of correction.    4. In order for an applicant to accept a program of work  release,  he  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  Division of Parole 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 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  inmate 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  inmate  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 designee shall, revoke any inmate's  privilege to participate in a program of work release.    * NB Effective September 1, 2011