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Old 08-02-2004, 02:58 PM
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Exclamation Work Release (New York)

ARTICLE 27
WORK RELEASE PROGRAM FOR COUNTY JAILS
Section 870. Establishment of program.
871. Procedures.
872. Disposition of earnings.
873. Separate housing.
874. When employment prohibited.
876. Eligibility for reduction of sentence, parole or
conditional release.
877. Prisoner not an agent of county.
878. Annual report.
879. Application of article.

S 870. Establishment of program. The sheriff, upon approval of the
legislative body of the county, may establish a work release program
pursuant to which prisoners, sentenced to and confined in any county
jail under his jurisdiction, may be granted the privilege of leaving
confinement for the purpose of working at gainful employment,
participating in a privately or publicly sponsored program of vocational
training, with or without compensation, or attending an educational
institution. The work release program may also include the release from
confinement during necessary and reasonable hours for the purpose of
caring for the prisoner`s family.

S 871. Procedures. (a) Any prisoner sentenced to and confined in any
jail for which the sheriff has established a work release program may
apply to the sheriff for permission to participate in such program.
Pursuant to rules and regulations promulgated by the sheriff and
approved by the state commission of correction, the sheriff may approve
or disapprove the application. In the event of approval, the sheriff
shall prepare a specific, written work release plan for the prisoner
which shall contain such terms and conditions as shall be deemed
reasonably proper and necessary. The prisoner shall signify in writing
his agreement to the terms of the work release plan in such form as the
sheriff shall specify and a copy of the work release plan shall be
delivered to the prisoner prior to his participation therein. The work
release plan may be revoked, suspended or modified by the sheriff at any
time for good cause, with or without notice to the prisoner. Any
disapproval, revocation, suspension or modification of a work release
application or plan shall be reviewable by the state commission of
correction upon written request of the prisoner which shall be forwarded
immediately to the commission by the sheriff. The decision of the
commission shall be final and not be subject to judicial review.
(b) The sheriff shall appoint a committee, to be known as the work
release committee, composed of at least one member of the county
department of probation and of such members of the staff of the jail of
confinement as he shall deem proper. The work release committee may also
include such other persons whom the sheriff may deem proper, and such
persons shall be selected upon the basis of their knowledge and
experience in the field of penology, law, medicine, labor, commerce,
theology or social services. The committee shall advise and assist the
sheriff in administering the work release program, provided, however,
that any determination to approve, disapprove, revoke, suspend or modify
any work release application or plan shall rest solely in the discretion
of the sheriff subject to review by the commission of correction as set
forth in subdivision (a) of this section.
(c) The sheriff and work release committee may assist prisoners
seeking admission to the work release program in securing gainful
employment or participation in a publicly or privately sponsored program
of vocational training.
(d) A work release plan may include employment within a county other
than that in which the jail of confinement is located. The sheriff may
arrange with the sheriff or the superintendent or other person in charge
of a jail or penitentiary of any other county which has adopted a work
release program to maintain custody of any prisoner employed in such
other county during the period of employment or until his discharge from
confinement, whichever shall occur first. In such event, the sheriff or
superintendent of the jail or penitentiary having such custody of the
prisoner shall dispose of the earnings of the prisoner pursuant to
section eight hundred seventy-two of this article.

S 872. Disposition of earnings. (a) The wages or salary of a prisoner
participating in the work release program, less payroll deductions
required by law, shall be deposited with the sheriff in a trust fund
account, which fund shall not be subject to garnishment or attachment.
The sheriff shall keep a ledger of the account of each prisoner and he
may disburse from the said trust fund account:
(1) such sum as the prisoner may be legally obligated to pay for the
support of his dependents as recommended by the department of social
services of the county in which such dependents reside, provided,
however, that the prisoner may authorize that a sum greater than that so
recommended be disbursed for this purpose;
(2) a sum determined by the sheriff to be the cost to the county of
providing food, lodging and clothing for such prisoner subject, however,
to approval by the state commission of correction;
(3) a sum determined by the sheriff to be the cost to the county of
the actual and necessary food, travel and other expenses of such
prisoner when released from confinement for the purpose of participating
in the work release program;
(4) such sums as may be necessary to satisfy any fines outstanding
against the prisoner;
(5) such sums as may be necessary to satisfy any outstanding legal
obligations of the prisoner, acknowledged by him in writing and filed
with the sheriff in such form as the sheriff shall specify.
(b) Any balance remaining in the trust fund account after such
disbursements shall be paid to the prisoner upon his discharge from
confinement.
(c) On or before the thirty-first day of January of each year, the
sheriff shall prepare a summary of receipts and disbursements of all
accounts kept during the previous year and shall forward the summary to
the chief executive officer of the county. The summary shall be a public
record.

S 873. Separate housing. The sheriff may designate separate
facilities within the jail for the quartering of prisoners participating
in the work release program.

S 874. When employment prohibited. (a) No employment under the work
release program for any prisoner shall be approved if:
(1) it is ascertained by the sheriff that such employment will result
in the displacement of employed workers, or be applied in skills, crafts
or trades in which there is a surplus of available labor in the
locality, except in the case of a prisoner who is to be employed by an
employer for whom he was employed as a free person prior to the
commencement of his sentence, and;
(2) the rates of pay and other conditions of employment are not at
least equal to those paid or provided for work of a similar nature in
the locality in which the work is to be performed.
(b) The state department of labor shall exercise the same supervision
over conditions of employment for prisoners participating in the work
release program as such department does over conditions of employment
for free persons.
(c) In no event shall any work release program be permitted when there
is any labor strike or lock-out in the establishment in which the
prisoner is, or is to be, employed.

S 876. Eligibility for reduction of sentence, parole or conditional
release. Nothing in this article shall be construed to prejudice the
eligibility of any prisoner participating in a work release program for
the purposes of discretionary reduction of sentence, parole or
conditional release except absconding from work release as defined by
section 205.16 of the penal law; provided, however, that the
participation of any prisoner in such program may be considered
favorably for such purposes if such participation has assisted in the
rehabilitation of such prisoner.

S 877. Prisoner not an agent of county. No prisoner participating in
a work release program shall be deemed an agent, employee or involuntary
servant of the county while released from the jail of confinement
pursuant to the terms of any work release plan; provided, however, that
when a prisoner is employed by the state or a local municipality, his
relationship to the state or local municipality arising out of such
employment shall be determined in the same manner as if he were a free
person so employed.

S 878. Annual report. The sheriff shall annually prepare a report of
the work release program which shall be transmitted to the legislature
on or before the first day of March in each year. Such annual report
shall include a summary of the operations and activities of the program
for the preceding year and such recommendations for the improvement of
the program as the sheriff shall deem necessary and proper.

S 879. Application of article. This article shall not apply to any
sheriff in the city of New York or to the commissioner of correction in
the city of New York.
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Last edited by Manzanita; 03-28-2005 at 07:27 PM..
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  #2  
Old 08-14-2004, 11:15 PM
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Default Work and Temporary Release Laws Pt.2

* S 852. Establishment of temporary release.

1. The commissioner,
guided by consideration for the safety of the community and the welfare
of the inmate, shall review and evaluate all existing rules, regulations
and directives relating to current temporary release programs and
consistent with the provisions of this article for the administration of
temporary release programs shall by January first, nineteen hundred
seventy-eight promulgate new rules and regulations for the various forms
of temporary release. Such rules and regulations shall reflect the
purposes of the different programs and shall include but not be limited
to selection criteria, supervision and procedures for the disposition of
each application.
2. The commissioner shall appoint or cause to be appointed a temporary
release committee for each institution which shall meet on a regularly
scheduled basis to review all applications for temporary release.
3. Work release programs may be established only at institutions
classified by the commissioner as work release facilities. Educational
release programs may be established only at those educational
institutions which shall maintain attendance records for participating
inmates.
4. The commissioner shall designate in the rules and regulations of
the department appropriate employees or an appropriate unit of the
department to be responsible for (a) securing education, on-the-job
training and employment opportunities for inmates who are eligible to
participate in a work release program, and (b) assisting such inmates in
such other manner as necessary or desirable to assure the success of the
program.
5. All inmates participating in temporary release programs shall be
assigned to parole officers for supervision. Such parole officers shall
be responsible to the division of parole for the purpose of providing
such supervision. The division shall provide to the department
supervision in accordance with the contract required by subdivision six
of this section. As part of its supervisory functions the division shall
be required to provide reports to the department every two months on
each inmate under its supervision. Such reports shall include but not be
limited to:
(a) an evaluation of the individual`s participation in such program;
(b) a statement of any problems and the manner in which such problems
were resolved relative to an individual`s participation in such
programs; and
(c) a recommendation with respect to the individual`s continued
participation in the program.
6. The department shall contract with the division of parole for the
provision of parole supervision services set forth in subdivision five
of this section.
* NB Expires September 1, 2005

S 853. Reporting and information. To ensure the accurate maintenance
and availability of statistics and records with respect to participation
in temporary release programs, the department shall maintain the
following information relative to the operation of temporary release
programs:
(a) number of inmate participants in each temporary release program;
(b) number of inmates participating in temporary release for whom
written approval of the commissioner was required pursuant to
subdivision two of section eight hundred fifty-one of this chapter;
(c) number and type of individual programs approved for each
participant;
(d) approved participating employers and educational institutions;
(e) number of inmates arrested;
(f) inmates involuntarily returned for violations by institution;
(g) absconders still at large;
(h) number of disciplinary proceedings initiated and the results
thereof;
(i) number of temporary release committee decisions appealed and the
results thereof by institution;
(j) reports or information made available to the department with
respect to the participation of individuals in such programs, including
any incidents of absconding or re-arrest.
The department shall also forward to the state commission of
correction quarterly reports including, but not limited to, the
information identified in subdivisions (a), (b), (d), (e), (f) and (g)
of this section and such other information requested by the commission
or available to the department with respect to such programs.

S 854. Evaluation and recommendation. In recognition of the need for
an independent evaluation of, and recommendations with respect to,
temporary release, the commission of correction shall evaluate and
assess the administration and operation of all temporary release
programs conducted pursuant to this article and shall submit to the
governor and the legislature by March first, nineteen hundred
seventy-eight, its findings together with any recommendations with
respect to the proper operation or the improvement of such temporary
release programs.

* S 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 Expires September 1, 2005

* S 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 Expires September 1, 2005

S 857. Complaint and abuse review. Any person may submit to the
commission of correction any complaint he or she may have concerning
programmatic abuses. The commission of correction shall evaluate such
complaints and, where indicated, conduct any needed investigation. If
the commission concludes that a complaint is valid, the commission shall
make recommendations to the department for corrective action. Where the
commission believes sufficient evidence exists to support a criminal
charge, the commission shall report such evidence to the appropriate law
enforcement agencies.

S 858. Application of labor laws. The laws of the state and its
political subdivisions with respect to employment conditions shall apply
to inmates participating in work release programs.

S 859. When employment prohibited. No employment under a work release
program may be approved or continued if (a) such employment results in
the displacement of employed workers, or is applied in skills, crafts or
trades in which there is a surplus of available labor in the locality,
or (b) the rates of pay and other conditions of employment are not at
least equal to those paid or provided for work of similar nature in the
locality in which the work is to be performed, or (c) there is any labor
strike or lockout in the establishment in which the inmate is employed.

S 860. Disposition of earnings. * The earnings of an inmate
participating in a work release program, less any payroll deductions
required or authorized by law, shall be turned over to the
superintendent who shall deposit such receipts as inmates` funds
pursuant to section one hundred sixteen. Such receipts shall not be
subject to attachment or garnishment in the hands of the superintendent.
The commissioner may authorize the superintendent to make disbursements
of such receipts, and such receipts may be disbursed, for any or all of
the following purposes:
* NB Expired September 1, 1977
The earnings of an inmate participating in a work release program,
less any payroll deductions required or authorized by law, shall be
turned over to the warden who shall deposit such receipts as inmates`
funds pursuant to section one hundred sixteen of this chapter. Such
receipts shall not be subject to attachment or garnishment in the hands
of the warden. The commissioner of correction may authorize the warden
to make disbursements of such receipts, and such receipts may be
disbursed, for any or all of the following purposes:
* 1. Appropriate and reasonable costs related to the inmate`s
participation in a temporary release program;
* NB Expired September 1, 1977
1. Appropriate and reasonable costs related to the inmate`s
participation in the work release program;
2. Support of the inmate`s dependents;
3. Payment of fines imposed by any court;
4. Payment of any court ordered restitution or reparation to the
victim of the inmate`s crime.
5. Purchases by the inmate from the commissary of the institution.
The balance of such receipts, if any, after disbursements for the
foregoing purposes shall be paid to the inmate upon termination of his
imprisonment.
* The first opening paragraph and the first subdivision 1. have
expired.

* S 861. Inmate not agent of state. An inmate participating in a
temporary release program shall not, merely by reason of such
participation, be deemed an agent, employee or servant of the state
while outside the premises of an institution pursuant to the terms of a
temporary release program.
* NB Expired September 1, 1977
S 861. Inmate not agent of state. An inmate participating in a work
release program shall not, merely by reason of such participation, be
deemed an agent, employee or servant of the state while outside the
premises of an institution pursuant to the terms of a work release
program.
__________________
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  #3  
Old 08-14-2004, 11:17 PM
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Default Work Release Laws For County Jails

ARTICLE 27
WORK RELEASE PROGRAM FOR COUNTY JAILS

S 870. Establishment of program. The sheriff, upon approval of the
legislative body of the county, may establish a work release program
pursuant to which prisoners, sentenced to and confined in any county
jail under his jurisdiction, may be granted the privilege of leaving
confinement for the purpose of working at gainful employment,
participating in a privately or publicly sponsored program of vocational
training, with or without compensation, or attending an educational
institution. The work release program may also include the release from
confinement during necessary and reasonable hours for the purpose of
caring for the prisoner`s family.

S 871. Procedures. (a) Any prisoner sentenced to and confined in any
jail for which the sheriff has established a work release program may
apply to the sheriff for permission to participate in such program.
Pursuant to rules and regulations promulgated by the sheriff and
approved by the state commission of correction, the sheriff may approve
or disapprove the application. In the event of approval, the sheriff
shall prepare a specific, written work release plan for the prisoner
which shall contain such terms and conditions as shall be deemed
reasonably proper and necessary. The prisoner shall signify in writing
his agreement to the terms of the work release plan in such form as the
sheriff shall specify and a copy of the work release plan shall be
delivered to the prisoner prior to his participation therein. The work
release plan may be revoked, suspended or modified by the sheriff at any
time for good cause, with or without notice to the prisoner. Any
disapproval, revocation, suspension or modification of a work release
application or plan shall be reviewable by the state commission of
correction upon written request of the prisoner which shall be forwarded
immediately to the commission by the sheriff. The decision of the
commission shall be final and not be subject to judicial review.
(b) The sheriff shall appoint a committee, to be known as the work
release committee, composed of at least one member of the county
department of probation and of such members of the staff of the jail of
confinement as he shall deem proper. The work release committee may also
include such other persons whom the sheriff may deem proper, and such
persons shall be selected upon the basis of their knowledge and
experience in the field of penology, law, medicine, labor, commerce,
theology or social services. The committee shall advise and assist the
sheriff in administering the work release program, provided, however,
that any determination to approve, disapprove, revoke, suspend or modify
any work release application or plan shall rest solely in the discretion
of the sheriff subject to review by the commission of correction as set
forth in subdivision (a) of this section.
(c) The sheriff and work release committee may assist prisoners
seeking admission to the work release program in securing gainful
employment or participation in a publicly or privately sponsored program
of vocational training.
(d) A work release plan may include employment within a county other
than that in which the jail of confinement is located. The sheriff may
arrange with the sheriff or the superintendent or other person in charge
of a jail or penitentiary of any other county which has adopted a work
release program to maintain custody of any prisoner employed in such
other county during the period of employment or until his discharge from
confinement, whichever shall occur first. In such event, the sheriff or
superintendent of the jail or penitentiary having such custody of the
prisoner shall dispose of the earnings of the prisoner pursuant to
section eight hundred seventy-two of this article.

S 872. Disposition of earnings. (a) The wages or salary of a prisoner
participating in the work release program, less payroll deductions
required by law, shall be deposited with the sheriff in a trust fund
account, which fund shall not be subject to garnishment or attachment.
The sheriff shall keep a ledger of the account of each prisoner and he
may disburse from the said trust fund account:
(1) such sum as the prisoner may be legally obligated to pay for the
support of his dependents as recommended by the department of social
services of the county in which such dependents reside, provided,
however, that the prisoner may authorize that a sum greater than that so
recommended be disbursed for this purpose;
(2) a sum determined by the sheriff to be the cost to the county of
providing food, lodging and clothing for such prisoner subject, however,
to approval by the state commission of correction;
(3) a sum determined by the sheriff to be the cost to the county of
the actual and necessary food, travel and other expenses of such
prisoner when released from confinement for the purpose of participating
in the work release program;
(4) such sums as may be necessary to satisfy any fines outstanding
against the prisoner;
(5) such sums as may be necessary to satisfy any outstanding legal
obligations of the prisoner, acknowledged by him in writing and filed
with the sheriff in such form as the sheriff shall specify.
(b) Any balance remaining in the trust fund account after such
disbursements shall be paid to the prisoner upon his discharge from
confinement.
(c) On or before the thirty-first day of January of each year, the
sheriff shall prepare a summary of receipts and disbursements of all
accounts kept during the previous year and shall forward the summary to
the chief executive officer of the county. The summary shall be a public
record.

S 873. Separate housing. The sheriff may designate separate
facilities within the jail for the quartering of prisoners participating
in the work release program.

S 874. When employment prohibited. (a) No employment under the work
release program for any prisoner shall be approved if:
(1) it is ascertained by the sheriff that such employment will result
in the displacement of employed workers, or be applied in skills, crafts
or trades in which there is a surplus of available labor in the
locality, except in the case of a prisoner who is to be employed by an
employer for whom he was employed as a free person prior to the
commencement of his sentence, and;
(2) the rates of pay and other conditions of employment are not at
least equal to those paid or provided for work of a similar nature in
the locality in which the work is to be performed.
(b) The state department of labor shall exercise the same supervision
over conditions of employment for prisoners participating in the work
release program as such department does over conditions of employment
for free persons.
(c) In no event shall any work release program be permitted when there
is any labor strike or lock-out in the establishment in which the
prisoner is, or is to be, employed.

S 876. Eligibility for reduction of sentence, parole or conditional
release. Nothing in this article shall be construed to prejudice the
eligibility of any prisoner participating in a work release program for
the purposes of discretionary reduction of sentence, parole or
conditional release except absconding from work release as defined by
section 205.16 of the penal law; provided, however, that the
participation of any prisoner in such program may be considered
favorably for such purposes if such participation has assisted in the
rehabilitation of such prisoner.

S 877. Prisoner not an agent of county. No prisoner participating in
a work release program shall be deemed an agent, employee or involuntary
servant of the county while released from the jail of confinement
pursuant to the terms of any work release plan; provided, however, that
when a prisoner is employed by the state or a local municipality, his
relationship to the state or local municipality arising out of such
employment shall be determined in the same manner as if he were a free
person so employed.

S 878. Annual report. The sheriff shall annually prepare a report of
the work release program which shall be transmitted to the legislature
on or before the first day of March in each year. Such annual report
shall include a summary of the operations and activities of the program
for the preceding year and such recommendations for the improvement of
the program as the sheriff shall deem necessary and proper.

S 879. Application of article. This article shall not apply to any
sheriff in the city of New York or to the commissioner of correction in
the city of New York.

New York State Consolidated Laws - new york state assembly
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Old 08-14-2004, 11:20 PM
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Default Work Release Program In New York City

ARTICLE SIX-A
WORK RELEASE PROGRAM IN NEW YORK CITY
CORRECTIONAL INSTITUTIONS

S 150. Definitions. As used in this article:
1. "City" means the City of New York.
2. "Commissioner" means the commissioner of correction of the city
provided, however, that if there shall be established by law a
correctional administration in the city, "commissioner" shall mean the
correctional administrator of the City.
3. "Department" means the department of correction of the city
provided, however, that if there shall be established by law a
correctional administration in the city, "department" shall mean such
administration.
4. "Work release program" means a program in which the limits of place
of confinement are extended for the purpose of seeking or engaging in
employment or self-employment, attending an educational institution,
participating in a training program, or obtaining medical treatment not
otherwise available, caring for the prisoner`s household and family or
for some other compelling reason consistent with the public interest.

S 151. Work Release Program. The department shall establish work
release programs for prisoners sentenced to New York City correctional
institutions. The commissioner may extend the limits of the place of
confinement of a prisoner as to whom there is reasonable cause to
believe he will honor his trust by authorizing him to participate in a
work release program in the community on a voluntary basis while
continuing as a prisoner of the institution or facility in which he is
confined. An extension of limits shall be under such prescribed
conditions and for such reasonable hours or reasonable periods of time
as the commissioner deems necessary. Such extension of limits may be
withdrawn at any time.

S 152. Employment. The department shall endeavor to secure employment
for a prisoner deemed eligible to participate in a work release program
and assist him in contacting prospective employers. In carrying out this
function, the department shall coordinate its efforts with other
departments or agencies furnishing employment placement services.

S 153. Conditions of Employment. 1. A prisoner shall be permitted to
be employed only if:
(a) The rates of pay and other conditions of employment will not be
less than those paid or provided for work of similar nature in the
locality in which the work is to be performed.
(b) The commissioner finds, after consultation with representatives of
local union central bodies or similar labor union organizations, that
such employment will not result in the displacement of employed workers,
impair existing contracts for services, or be applied, except where a
prisoner is to be hired by an employer for whom he worked prior to his
conviction, in skills, crafts, or trades in which there is a surplus of
available gainful labor in the locality.
2. The State Department of Labor shall exercise the same supervision
over conditions of employment for prisoners participating in work
release programs as such department does over conditions of employment
for free persons.
3. In no event shall a prisoner be employed in an establishment which
has a labor dispute.

S 154. Disposition of Earnings. The earnings of a prisoner
participating in a work release program, less any payroll deductions
required or authorized by law, shall be deposited with the department in
a trust fund account. Such earnings shall not be subject to attachment
or garnishment in the hands of the department. The commissioner is
authorized to provide for disbursements from the trust fund account for
any or all of the following purposes:
1. Such costs incident to the prisoner`s confinement as the
commissioner deems appropriate and reasonable.
2. Such costs related to the prisoner`s work release program as the
commissioner deems appropriate and reasonable.
3. Support of the prisoner`s dependents.
4. Payment of court fines, mandatory surcharge, sex offender
registration fee, DNA databank fee, restitution or reparation, or
forfeitures.
The balance of such earnings, if any, after disbursements for any of
the foregoing purposes shall be paid to the prisoner upon termination of
his imprisonment.

S 156. Liability for a Prisoner on Work Release. No prisoner
participating in a work release program or whose place of confinement is
extended pursuant to this article shall be deemed an agent, employee or
involuntary servant of the department or the city while employed or
going to and from such employment or released from confinement pursuant
to this article; provided, however, that where a prisoner is employed
and paid by the city, his relationship to the city arising out of such
employment shall be determined in the same manner as if he were a free
person so employed.

S 157. Rules and Regulations. The commissioner may make such rules and
regulations as he shall deem necessary and appropriate to carry out the
purposes of this article.

S 158. Designation of Place of Confinement. The commissioner may
designate as a place of confinement of a prisoner any available,
suitable and appropriate correctional institution or facility whether
maintained by the city, state or federal government and may at any time
transfer a prisoner from one place of confinement to another. Where such
designation or transfer is to either a state or federal correctional
institution or facility, it shall be subject to the prior approval of
the appropriate person or agency having jurisdiction and control over
such facility and upon such terms and conditions as such person or
agency deems appropriate.

S 159. Eligibility for Other Programs. The participation of any
prisoner in a work release program established pursuant to this article
shall in no way prejudice his eligibility for conditional release,
parole or discretionary reduction of sentence.

S 160. Annual Report of Commissioner. The commissioner shall annually
prepare a report of the work release program which shall be transmitted
to the legislature on or before the first day of March in each year.
Such annual report shall include a summary of the operations and
activities of the program for the preceding year and such
recommendations for the improvement of the program as the commissioner
shall deem necessary and proper.




New York State Consolidated Laws
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Old 11-09-2004, 01:38 PM
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Thumbs up Post Info On Work Release

I am doing some homework trying to "move that mountain" since I have faith. Since his parole was denied he will be moved to another facility because he will have completed the program he is in next month. Does anyone know which medium security prisons offer work release? Saying a prayer someone can help.
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Old 11-09-2004, 06:01 PM
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Minimum Work Release
Buffalo Correctional Facility (Erie County)
Edgecombe Correctional Facility (New York County)
Fishkill Correctional Facility* (Dutchess County)
Fulton Correctional Facility (Bronx County)
Hudson Correctional Facility* (Columbia County)
Lincoln Correctional Facility (New York County)
Queensboro Correctional Facility (Queens County)
Rochester Correctional Facility (Monroe County)
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Old 11-09-2004, 07:43 PM
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When I was doing my first bid, I applied for work release and I was denied. Then I went to the parole board and got hit with a deuce. It was my first felony too. So, I figured I would never get work release. But, my family contacted the TRC in Albany (Temporary Release Committee). In fact it was my mother who called them, she talked to the director of temporary release. She said I had got hit with 2 years, I had over 46 points (you need 32 points or more to apply) and I was needed at home. He said to make an appeal, and I did and when he reviewed my appeal he remembered my name because he talked to my mother. Sure enough...out of the blue, 5 months later I was walking the street 7 & 0, on work release (7 days out--check in once a week = 7 & 0). But, that was over ten years ago before Pataki, when everyone got work release...all you needed was 2 years or less to your first board and 32 points and it did not matter if you had a violent crime. I was seeing guys going to work release straight from reception. It was nuts. My buddy had an 18 to life for double murder and when he had 16 years in, his family called Albany and a few months later he was free on work release. But, he had to do 5 and 2. Meaning he was out 5 days and had to spend two nights at the work release facility. That was because of his crime. But, he was still out. They even hit him with 2 years at the work release facility and he was still able to stay on work release.
To be honest, I am surprised that your "fiance's" codefendant got work release. Ever since Patiki came into office, they did away with work release for ALL violent offenders and he has urged the parole board to make violent crimes do at least two-thirds of their bid. But, some people get lucky and fall through the cracks of the system.
Your best bet is to appeal the TRC decision. Because the TRC can deny an inmate at the prison and the decision from the prison's TRC, never makes it to Albany. So, if you appeal it and contact division of temporary release in Albany. You have a fighting chance. You can point out that your fiance's codefendant got work release and they might give him a shot. You have nothing to lose.

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Old 11-09-2004, 08:16 PM
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way to go maidenheart...if there's a path up and over that mountain I know you're gonna find it!
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Old 11-09-2004, 09:33 PM
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haswtch, thankyou for the confidence! I believe the same about you
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Old 11-22-2004, 04:47 PM
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Default work release in NYS

I heard that Fishkill does not have work release anymore- Does anyone know where one would go for work release if one's residence is in Rockland County? How long after completing the CASAT program do you actually get released onto the work release program.
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Old 12-21-2004, 02:58 PM
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Generally most work release is done out of Hudson Correctional in columbia county I live one town north of there so i see the fellows everyday. Although there are apparently newer facilities doing it I do know alot of it starts at Hudson first.
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Old 03-06-2005, 04:31 PM
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Default how to write a work release letter

My son asked me to write a work release letter and I have no idea what to write. If anyone out there can help me it will be greatly appreciated.
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Old 03-06-2005, 10:48 PM
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Hi Bluebird, i am actually going to be writing a similiar letter soon. I consider it sort of like a letter of support for acceptance into the work release program. you should probably (what i plan to do) start out stating your relationship to the individual an then go on to state why this person would be a suitable candidate for work release. You can say they have a clear goal in place once they are released, you will be able to provide stable support for this individual and how this particular program will help to transition him back into normal society. How studies have shown that people whom have participated in these types of programs have a less rate of returning to prison. I hope this helps!
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Old 03-07-2005, 04:49 AM
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Quote:
Originally Posted by daWifey
Hi Bluebird, i am actually going to be writing a similiar letter soon. I consider it sort of like a letter of support for acceptance into the work release program. you should probably (what i plan to do) start out stating your relationship to the individual an then go on to state why this person would be a suitable candidate for work release. You can say they have a clear goal in place once they are released, you will be able to provide stable support for this individual and how this particular program will help to transition him back into normal society. How studies have shown that people whom have participated in these types of programs have a less rate of returning to prison. I hope this helps!
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Old 03-07-2005, 04:51 AM
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thank you so much for the information on the work release letter. Now one more question. who I address it to?
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Old 03-07-2005, 09:10 PM
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I dont know the number off hand, but here is the number to that department in Albany, (518) 457-8888. Tell them that you want to speak to someone regarding work release. Then you can actually speak to them and ask them questions. They will also give you the address where to send your letters of support.
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Old 03-09-2005, 09:10 PM
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Question Work Release

Does anyone know where I can find The NYS codes Rules Rugulations Title 7 Chapter 12 part 1900-1950 of the Temporary release regulations.
I am trying to find out the criteria for Work release and how long the process takes. Any help appreciated. Thank You.http://www.prisontalk.com/forums/images/icons/icon5.gif
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Old 03-16-2005, 09:44 PM
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Default Work Release

The address for letters in support of work release or any other temporary release programs is:

Debra Joy
Director of Temporary Release Programs
NYS Department of Correctional Services
Building No. 2
State Office Building Campus
1220 Washington Avenue
Albany, NY 12226
Send copies of those letters to the inmate's guidance counselor for placement in his file so that they are available for review by the facility Temporary Release Committee.
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Old 03-25-2005, 09:01 PM
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Question Work Release and Merit Board Info.

Ok, I have done searches for information on work release, and I have gone through like 15 pages of past pages in this NY forum, and I still cant find any info. on it. Does anyone know what you have to do (program wise) to have at least a chance to get work release? Also, does anyone know anything about the merit board? My baby goes for a merit board hearing in Sept. and all he knows is that the more programs he has done...the better it looks. I am grateful for any info at all. Thanks.
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Old 03-25-2005, 09:35 PM
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You can't find info on work release? HUH? girl there is TONS....

I moved this here, so you can read the above...

you can always go to SEARCH THIS FORUM above...and type in Work Release

Hope it answers everything for you.
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Old 03-26-2005, 08:19 PM
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thank you so much mrs. g. being the blonde that I am, i didnt even see this post.
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Old 10-04-2005, 09:32 PM
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Default Anyone know about work release?

My fiance got denied for shock. He said that he will apply for work release once he gets moved from Lakeview and he thinks he will get it. But, thats what he thought about shock. Does anyone have any information how you qualify for work release? And what it exactly is. Thanks
Angel
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Old 10-13-2005, 11:26 AM
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Default work release industrial

anyone know anything about it--different from regular work release-
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Old 10-13-2005, 06:21 PM
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Anneies - usually industrial means they're working for Corcraft - in a secure facility and on state business. It's not like being on the streets. They're bussed into work in the morning from their facility and bussed back at night. And they pay a transportation fee.
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Old 10-14-2005, 01:26 PM
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Angel - work release is a form of getting back into the work world, stashing some money pre-release, and still being in custody. There's a whole thread on the requirements, posted by Mrs.G in the NY forum.
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