Current through 2024 NY Law Chapter 553
Section 856 - [Effective 9/1/2025] Conduct of incarcerated individuals participating in work release program1. An incarcerated individual who is permitted to leave the premises of an institution to participate in a program of work release shall have on his or her person a copy of the memorandum of that program as signed by the warden of the institution at all times while outside the premises of the institution and shall exhibit such copy to any peace officer upon request of the officer.2. If the incarcerated individual violates any provision of the program, or any rule or regulation promulgated by the commissioner of corrections and community supervision for conduct of incarcerated individuals participating in work release programs, he or she 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 incarcerated individuals within the premises of the institution.3. The provisions of this chapter relating to good behavior allowances shall apply to behavior of incarcerated individuals while participating in work 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 incarcerated individuals within the premises of institutions.4. An incarcerated individual who is in violation of the provisions of his or her work release program may be taken into custody by any peace officer and, in such event, the incarcerated individual shall be returned forthwith to the institution that released him or her. In any case where the institution is in a county other than the one in which the incarcerated individual is apprehended, the officer may deliver the incarcerated individual to the nearest institution, jail or lockup and it shall be the duty of the person in charge of said facility to hold such incarcerated individual securely until such time as he or she is delivered into custody of an officer of the institution from which he or she was released. Upon delivering the incarcerated individual to an institution, jail or lockup, other than the one from which he or she was released, the peace officer who apprehended the incarcerated individual shall forthwith notify the warden of the institution from which the incarcerated individual was released and it shall be the duty of the warden to effect the expeditious return of the incarcerated individual to the institution.Amended by New York Laws 2023, ch. 55,Sec. A-6, eff. 5/3/2023.Amended by New York Laws 2021, ch. 322, Secs. 232, 232-a eff. 8/2/2021.This section is set out more than once due to postponed, multiple, or conflicting amendments.