Section 853*2. Procedure for release of eligible inmates  


Latest version.
  • 1. A person
      confined in an institution designated for the conduct  of  work  release
      programs  who  is,  or  who  within ninety days will become, an eligible
      inmate, may make application  to  the  work  release  committee  of  the
      institution for permission to participate in a work release program.
        2.  If  the  work  release  committee  determines  that a work release
      program  for  the  applicant  is  consistent  with  the  safety  of  the
      community,  is in the best interests of rehabilitation of the applicant,
      and is consistent with rules and  regulations  of  the  commissioner  of
      correction,  the  committee,  with  the  assistance  of  the division of
      parole, shall develop  a  suitable  program  of  work  release  for  the
      applicant.
        3.  The  committee  shall  then prepare a memorandum setting forth the
      details of the work release program including  the  extended  bounds  of
      confinement and any other matter required by rules or regulations of the
      commissioner  of correction. Such memorandum shall be transmitted to the
      warden who may approve or reject the program. If the warden approves the
      program, he shall indicate such  approval  in  writing  by  signing  the
      memorandum.  If  the  warden rejects the program, such decision shall be
      reviewed by the commissioner of correction.
        4. In order for an applicant to accept a program of work  release,  he
      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
      Division of Parole while I am away from the premises of the  institution
      and  I  agree  to  comply  with  the  instructions of any parole officer
      assigned to supervise me. I will carry a copy of this memorandum  on  my
      person at all times while I am away from the premises of the institution
      and  I  will  exhibit  it  to  any  peace  officer  upon  his request. I
      understand that my participation in the program is a privilege which may
      be revoked at any time, and that if  I  violate  any  provision  of  the
      program  I  may be taken into custody by any peace officer and I will be
      subject to disciplinary procedures.  I  further  understand  that  if  I
      intentionally  fail  to  return to the institution at or before the time
      specified in the memorandum I may be found guilty of a felony."
    
        5. After approving the program of work release, the  warden  may  then
      permit  an  eligible  inmate who has accepted such program to go outside
      the premises of the institution within the limits of the extended bounds
      of confinement described in the memorandum.
        6.  Participation  in  a  work  release  program shall be a privilege.
      Nothing contained in this article may be construed to  confer  upon  any
      inmate  the  right  to  participate, or to continue to participate, in a
      work release program. The warden of the institution may at any time, and
      upon recommendation of the work release committee or of the chairman  of
      the  state  board  of  parole or his designee shall, revoke any inmate's
      privilege to participate in a program of work release.
        * NB Effective September 1, 2011