* § 856. Conduct of inmates participating in a temporary release program. 1. An inmate who is permitted to leave the premises of an institution to participate in a temporary release program shall have on his or her person a card identifying him or her as a participant in a temporary release program as signed by the superintendent of the institution at all times while outside the premises of the institution and shall exhibit such card to any peace officer or police officer upon request of such officer. The commissioner may, by regulation, require such information, including effective dates, to be included in such card as he shall deem necessary and proper.

2. If the inmate violates any provision of the program, or any rule or regulation promulgated by the commissioner for conduct of inmates participating in temporary release programs, such inmate shall be subject to disciplinary measures to the same extent as if he or she violated a rule or regulation of the commissioner for conduct of inmates within the premises of the institution. The failure of an inmate to voluntarily return to the institution of his confinement more than ten hours after his prescribed time of return shall create a rebuttable presumption that the failure to return was intentional. Any inmate who is found to have intentionally failed to return pursuant to this subdivision shall be an absconder in violation of his temporary release program and will not be an eligible inmate as defined in subdivision two of section eight hundred fifty-one of this chapter. The creation of such rebuttable presumption shall not be admissible in any court of law as evidence of the commission of any crime defined in the penal law. A full report of any such violation, a summary of the facts and findings of the disciplinary hearing and disciplinary measures taken, shall be made available to the board for the inmate's next scheduled appearance before the state board of parole including any defense or explanation offered by the inmate in response at such hearing.

3. The provisions of this chapter relating to good behavior allowances shall apply to behavior of inmates while participating in temporary release programs outside the premises of institutions, and such allowances may be granted, withheld, forfeited or cancelled in whole or in part for behavior outside the premises of an institution to the same extent and in the same manner as is provided for behavior of inmates within the premises of institutions.

4. An inmate who is in violation of the provisions of his or her temporary release program may be taken into custody by any peace officer or police officer and, in such event, the inmate shall be returned forthwith to either the institution that released him or her, or to the nearest secure facility where greater security is indicated. In any case where the institution is in a county other than the one in which the inmate is apprehended, the officer may deliver the inmate to the nearest institution, jail or lockup and it shall be the duty of the person in charge of said facility to hold such inmate securely until such time as he or she is delivered into the custody of an officer of the institution from which he or she was released. Upon delivering the inmate to an institution, jail or lockup, other than the one from which the inmate was released, the officer who apprehended the inmate shall forthwith notify the superintendent of the institution from which the inmate was released and it shall be the duty of the superintendent to effect the expeditious return of the inmate to the institution.

5. Upon the conclusion or termination of a temporary release program, a full report of the inmate's performance in such program shall be prepared in accordance with regulations of the commissioner. Such report shall include but not be limited to: adjustment to release, supervision contacts, statement of any violations of the terms and conditions of release and of any disciplinary actions taken, and an assessment of the inmate's suitability for parole. Such report shall be made available to the state board of parole for the inmate's next scheduled appearance before such board.

* NB Effective until September 1, 2020

* § 854. Conduct of inmates participating in work release program. 1. An inmate who is permitted to leave the premises of an institution to participate in a program of work release shall have on his person a copy of the memorandum of that program as signed by the warden of the institution at all times while outside the premises of the institution and shall exhibit such copy to any peace officer upon request of the officer.

2. If the inmate violates any provision of the program, or any rule or regulation promulgated by the commissioner of corrections and community supervision for conduct of inmates participating in work release programs, he or she shall be subject to disciplinary measures to the same extent as if he or she violated a rule or regulation of the commissioner for conduct of inmates within the premises of the institution.

3. The provisions of this chapter relating to good behavior allowances shall apply to behavior of inmates while participating in work release programs outside the premises of institutions, and such allowances may be granted, withheld, forfeited or cancelled in whole or in part for behavior outside the premises of an institution to the same extent and in the same manner as is provided for behavior of inmates within the premises of institutions.

4. An inmate who is in violation of the provisions of his work release program may be taken into custody by any peace officer and, in such event, the inmate shall be returned forthwith to the institution that released him. In any case where the institution is in a county other than the one in which the inmate is apprehended, the officer may deliver the inmate to the nearest institution, jail or lockup and it shall be the duty of the person in charge of said facility to hold such inmate securely until such time as he is delivered into custody of an officer of the institution from which he was released. Upon delivering the inmate to an institution, jail or lockup, other than the one from which he was released, the peace officer who apprehended the inmate shall forthwith notify the warden of the institution from which the inmate was released and it shall be the duty of the warden to effect the expeditious return of the inmate to the institution.

* NB Effective September 1, 2020