Section 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 Effective until September 1, 2011