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New York Parole, Probation & Release All information & questions relating to parole, probation or release in New York should be posted here.

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Old 10-10-2004, 10:37 PM
Sam's girl Sam's girl is offline
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Default Work Release

Can anyone tell me about work release. From what I understand after someone completes the shock prgram and they don't go home they go to work release to a facility closest to their home. I understand that work release is for other inmates too.
Any information will be a great help.
thanks,
Sam's girl
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Old 10-12-2004, 05:19 PM
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Default work release

Quote:
Originally Posted by Sam's girl
Can anyone tell me about work release. From what I understand after someone completes the shock prgram and they don't go home they go to work release to a facility closest to their home. I understand that work release is for other inmates too.
Any information will be a great help.
thanks,
Sam's girl
Sam's girl...from what I have heard once a person completes the shock program they are then a free man. No probation, No parole, no further time behind bars...does anyone else know if this is correct??
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Old 10-12-2004, 05:34 PM
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Its not correct, just because they go through the shock program there is a slight chance they have to do more time. Once they get out from the shock program they are on parole, I think for the remaining of their sentence.

Last edited by Sam's girl; 10-12-2004 at 05:37 PM..
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Old 10-12-2004, 05:35 PM
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That is not correct. Not everyone that graduates from shock is released. According to someone that I spoke to today around 85% are given parole. It is up to the Shock Parole Board. If they are released, they are still on parole. If they mess up while on parole it's not a good situation.

Last edited by nicksgirl; 10-12-2004 at 05:41 PM..
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Old 10-12-2004, 05:39 PM
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If they mess up while on parole they do more time plus the time that they didn't do on parole.
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Old 11-09-2004, 01:54 PM
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I know Hudson Correction Facility in Columbia County does, not sure which others.

I believe there is one in the Bronx too...not 100% though.

I'm sure someone who knows better will be along to help.
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Old 11-09-2004, 05:09 PM
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I know that Fishkill does that is in Dutchess County.
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Old 11-09-2004, 05:45 PM
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Hudson is the only one I know of.
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Old 11-09-2004, 08:02 PM
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Cottontail, and Jody thankyou, yes Hudson does have it and we will check into it.
Sam's girl fishkill is closer so that is a great option, thankyou.
Mrs G I think you must have been a librarian in a former life! Great info thankyou, I am looking at the map for directions to each of these to see how close they are. I wonder how difficult it is to be considered for work release? I have been reading the posts about work release that you have available here. Seems like homework is one way to keep my mind occupied.
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Old 12-11-2004, 04:53 PM
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Work & Temporary Release

Work release and temporary release are essentially the same thing. Temporary release is for furloughs and to attend school. These types of release are very hard to get. Actually, they are almost impossible to get so I won't cover them here. There are two types of work release. There is regular work release and industrial training. Industrial Training is where an inmate is housed at a work release facility and works for Corcraft. The inmate is then eligible to be granted a weekend furlough to go home.

Regular work release is where an inmate is transferred to a work release facility and is sent out to find a job. When the inmate finds a job he will be on what is know as "5 & 2" this is where the inmate is home 5 nights a week and sleeps at the prison two nights a week. This allows the prison to monitor the inmate's progress as well as do random drug testing. All work release inmates must report twice a week to a parole officer.

After 30 to 60 days the inmate goes on what is known as "7 & 0" this is where the inmate is home all 7 nights and under the supervision of parole, but is still technically in DOC custody. Use the link below for all the DOCS regulations governing work release and the points needed to get it.

this has been posted before....
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ARTICLE 26
* TEMPORARY RELEASE PROGRAMS FOR STATE
CORRECTIONAL INSTITUTIONS
* NB Expires September 1, 2005
* WORK RELEASE PROGRAM FOR STATE
CORRECTIONAL INSTITUTIONS
* NB Effective September 1, 2005

* S 851. Definitions. As used in this article the following terms have
the following meanings:
** 1. "Institution" means any institution under the jurisdiction of
the state department of correctional services or an institution
designated by the commissioner pursuant to section seventy-two-a of this
chapter.
** NB Expires September 1, 2005
** 1. "Institution" means any institution under the jurisdiction of
the state department of correctional services.
** NB Effective September 1, 2005
** 2. "Eligible inmate" means a person confined in an institution who
is eligible for release on parole or who will become eligible for
release on parole or conditional release within two years. Provided,
however, that a person under sentence for an offense defined in
paragraphs (a) and (b) of subdivision one of section 70.02 of the penal
law, where such offense involved the use or threatened use of a deadly
weapon or dangerous instrument shall not be eligible to participate in a
work release program until he or she is eligible for release on parole
or who will be eligible for release on parole or conditional release
within eighteen months. In the case of a person serving an indeterminate
sentence of imprisonment imposed pursuant to the penal law in effect
after September one, nineteen hundred sixty-seven, for the purposes of
this article parole eligibility shall be upon the expiration of the
minimum period of imprisonment fixed by the court or where the court has
not fixed any period, after service of the minimum period fixed by the
state board of parole. If an inmate is denied release on parole, such
inmate shall not be deemed an eligible inmate until he is within two
years of his or her next scheduled appearance before the state parole
board. In any case where an inmate is denied release on parole while
participating in a temporary release program, the department shall
review the status of the inmate to determine if continued placement in
the program is appropriate. No person convicted of any escape or
absconding offense defined in article two hundred five of the penal law
shall be eligible for temporary release. Further, no person under
sentence for aggravated harassment of an employee by an inmate as
defined in section 240.32 of the penal law, any homicide offense defined
in article one hundred twenty-five of the penal law or of any sex
offense defined in article one hundred thirty of the penal law or of
section 255.25 of the penal law shall be eligible to participate in a
work release program as defined in subdivision three of this section.
Notwithstanding the foregoing, no person who is an otherwise eligible
inmate who is under sentence for a crime involving: (a) infliction of
serious physical injury upon another as defined in the penal law or (b)
any other offense involving the use or threatened use of a deadly weapon
may participate in a temporary release program without the written
approval of the commissioner. The commissioner shall promulgate
regulations giving direction to the temporary release committee at each
institution in order to aid such committees in carrying out this
mandate.
The governor, by executive order, may exclude or limit the
participation of any class of otherwise eligible inmates from
participation in a temporary release program. Nothing in this paragraph
shall be construed to affect either the validity of any executive order
previously issued limiting the participation of otherwise eligible
inmates in such program or the authority of the commissioner of the
department of correctional services to impose appropriate regulations
limiting such participation.
** NB Effective until September 1, 2005
** 2. "Eligible inmate" means a person confined in an institution who
is eligible for release on parole or who will become eligible for
release on parole or conditional release within two years. In the case
of a person serving an indeterminate sentence of imprisonment imposed
pursuant to the penal law in effect after September one, nineteen
hundred sixty-seven, for the purposes of this article parole eligibility
shall be upon the expiration of the minimum period of imprisonment fixed
by the court or where the court has not fixed any period, after service
of the minimum period fixed by the state board of parole. If an inmate
is denied release on parole, such inmate shall not be deemed an eligible
inmate until he is within two years of his or her next scheduled
appearance before the state parole board. In any case where an inmate is
denied release on parole while participating in a temporary release
program, the department shall review the status of the inmate to
determine if continued placement in the program is appropriate. No
person convicted of any escape or absconding offense defined in article
two hundred five of the penal law shall be eligible for temporary
release. Notwithstanding the foregoing, no person who is an otherwise
eligible inmate who is under sentence for a crime involving: (a)
infliction of serious physical injury upon another as defined in the
penal law, (b) a sex offense involving forcible compulsion, or (c) any
other offense involving the use or threatened use of a deadly weapon may
participate in a temporary release program without the written approval
of the commissioner. The commissioner shall promulgate regulations
giving direction to the temporary release committee at each institution
in order to aid such committees in carrying out this mandate.
The governor, by executive order, may exclude or limit the
participation of any class of otherwise eligible inmates from
participation in a temporary release program. Nothing in this paragraph
shall be construed to affect either the validity of any executive order
previously issued limiting the participation of otherwise eligible
inmates in such program or the authority of the commissioner of the
department of correctional services to impose appropriate regulations
limiting such participation.
** NB Effective September 1, 2005
** 2. "Eligible inmate" means a person confined in an institution
where a work release program has been established who is eligible for
release on parole or who will become eligible for release on parole
within one year.
** NB Effective only upon the expiration of S 42 of ch. 60/1994 and S
3 of ch. 691/1977
2-a. Notwithstanding subdivision two of this section, the term
"eligible inmate" shall also include a person confined in an institution
who is eligible for release on parole or who will become eligible for
release on parole or conditional release within two years, and who was
convicted of a homicide offense as defined in article one hundred
twenty-five of the penal law or an assault offense defined in article
one hundred twenty of the penal law, and who can demonstrate to the
commissioner that: (a) the victim of such homicide or assault was a
member of the inmate`s immediate family as that term is defined in
section 120.40 of the penal law or had a child in common with the
inmate; (b) the inmate was subjected to substantial physical, sexual or
psychological abuse committed by the victim of such homicide or assault;
and (c) such abuse was a substantial factor in causing the inmate to
commit such homicide or assault. With respect to an inmate`s claim that
he or she was subjected to substantial physical, sexual or psychological
abuse committed by the victim, such demonstration shall include
corroborative material that may include, but is not limited to, witness
statements, social services records, hospital records, law enforcement
records and a showing based in part on documentation prepared at or near
the time of the commission of the offense or the prosecution thereof
tending to support the inmate`s claim. Prior to making a determination
under this subdivision, the commissioner is required to request and take
into consideration the opinion of the district attorney who prosecuted
the underlying homicide or assault offense and the opinion of the
sentencing court. If such opinions are received within forty-five days
of the request, the commissioner shall take them into consideration. If
such opinions are not so received, the commissioner may proceed with the
determination. Any action by the commissioner pursuant to this
subdivision shall be deemed a judicial function and shall not be
reviewable in any court.
3. "Work release program" means a program under which eligible inmates
may be granted the privilege of leaving the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose of
on-the-job training or employment, or for any matter necessary to the
furtherance of any such purposes. No person shall be released into a
work release program unless prior to release such person has a
reasonable assurance of a job training program or employment. If after
release, such person ceases to be employed or ceases to participate in
the training program, the inmate`s privilege to participate in such work
release program may be revoked in accordance with rules and regulations
promulgated by the commissioner.
4. "Furlough program" means a program under which eligible inmates may
be granted the privilege of leaving the premises of an institution for a
period not exceeding seven days for the purpose of seeking employment,
maintaining family ties, solving family problems, seeking post-release
housing, attending a short-term educational or vocational training
course, or for any matter necessary to the furtherance of any such
purposes.
5. "Community services program" means a program under which eligible
inmates may be granted the privilege of leaving the premises of an
institution for a period not exceeding fourteen hours in any day for the
purpose of participation in religious services, volunteer work, or
athletic events, or for any matter necessary to the furtherance of any
such purposes.
6. "Leave of absence" means a privilege granted to an inmate, who need
not be an "eligible inmate," to leave the premises of an institution for
the period of time necessary:
(a) to visit his or her spouse, child, brother, sister, grandchild,
parent, grandparent or ancestral aunt or uncle during his or her last
illness if death appears to be imminent;
(b) to attend the funeral of such individual;
(c) to undergo surgery or to receive medical or dental treatment not
available in the correctional institution only if deemed absolutely
necessary to the health and well-being of the inmate and whose approval
is granted by the commissioner or his designated representative.
7. "Educational leave" means a privilege granted to an eligible inmate
to leave the premises of an institution for a period not exceeding
fourteen hours in any day for the purpose of education or vocational
training, or for any matter necessary to the furtherance of any such
purposes.
8. "Industrial training leave" means a privilege granted to an
eligible inmate to leave the premises of an institution for a period not
exceeding fourteen hours in any day for the purpose of participating in
an industrial training program, or for any matter necessary to the
furtherance of any such purpose.
9. "Temporary release program" means a "work release program," a
"furlough program," a "community services program," an "industrial
training leave," an "educational leave," or a "leave of absence."
10. "Extended bounds of confinement" means the area in which an inmate
participating in a temporary release program may travel, the routes he
or she is permitted to use, the places he or she is authorized to visit,
and the hours, days, or specially defined period during which he or she
is permitted to be absent from the premises of the institution.
11. "Temporary release committee" means the body of persons, which may
include members of the public, appointed pursuant to regulations
promulgated by the commissioner to serve at the pleasure of the
commissioner for the purpose of formulating, modifying and revoking
temporary release programs at an institution.
12. "Superintendent" means the person in charge of an institution, by
whatever title he or she may be known.
* NB Expires September 1, 2005
__________________


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.
__________________

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

__________________


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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