2006 New York Code - Procedure For Furlough Release Of Eligible Inmates.

 
    * §  633.  Procedure  for  furlough  release of eligible inmates. 1. A
  person confined in a city prison or a county jail and penitentiaries  of
  a  county which elects to have this article apply thereto who is, or who
  within thirty days will become, an eligible inmate, may make application
  to the furlough release committee of the institution for  permission  to
  participate in a furlough program.
    2.  Any eligible inmate may make application to the furlough committee
  for leave of absence provided, however, that  in  exigent  circumstances
  such  application  may be made directly to the warden of the institution
  and the warden may exercise all of the powers of the furlough  committee
  subject,  however,  to  any limitations or requirements set forth in the
  rules and regulations of the  department  and  subject  further  to  the
  discretion of the commissioner.
    3.  If  the  furlough committee determines that a furlough 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 the rules and regulations of the department,  the  committee,  with
  the  assistance of the employees designated by the commissioner pursuant
  to section six hundred thirty-two  of  this  chapter,  shall  develop  a
  suitable furlough program for the applicant.
    4.  The  committee  shall  then prepare a memorandum setting forth the
  details of  the  furlough  program  including  the  extended  bounds  of
  confinement  and  any other matter required by the rules and regulations
  of the department. 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.
    5. In order for the applicant to accept the furlough program, 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 I will be under the supervision of  the
  department  while  I  am away from the premises of the institution and I
  agree to comply with the instructions of any employee of the  department
  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 or police  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 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 misdemeanor."
    6. After approving the program of furlough, 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; provided, however, that no such
  permission  shall  become  effective  in  the case of a furlough program
  prior to the time at which the person to be released becomes an eligible
  inmate.
    7. Participation in a furlough 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
  furlough  program.  The  warden  of the institution may at any time, and
  upon recommendation of the furlough committee or  of  the  commissioner,
  revoke any inmate's privilege to participate in a program of furlough.
    * NB Expires September 1, 2007