Current through 2024 NY Law Chapter 443
Section 852 - [Effective until 9/1/2025] Establishment of temporary release1. The commissioner, guided by consideration for the safety of the community and the welfare of the incarcerated individual, 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 incarcerated individuals.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 incarcerated individuals who are eligible to participate in a work release program, and (b) assisting such incarcerated individuals in such other manner as necessary or desirable to assure the success of the program.5. All incarcerated individuals participating in temporary release programs shall be assigned to parole officers for supervision. As part of the parole officer's supervisory functions he or she shall be required to provide reports every two months on each incarcerated individual under his or her 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.Amended by New York Laws 2023, ch. 55,Sec. A-6, eff. 5/3/2023.Amended by New York Laws 2021, ch. 322, Secs. 229, 229-a eff. 8/2/2021.This section is set out more than once due to postponed, multiple, or conflicting amendments.