Section 852. Establishment of temporary release  


Latest version.
  • 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 Effective until September 1, 2011