Section 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 Effective until September 1, 2011