* § 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 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 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, 2020

* § 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, 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 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, 2020