There is a newer version of the New York Consolidated Laws
2006 New York Code - Definitions.
* § 851. Definitions. As used in this article the following terms have
the following meanings:
1. "Institution" means any institution under the jurisdiction of the
state department of correctional services or an institution designated
by the commissioner pursuant to section seventy-two-a of this chapter.
2. "Eligible inmate" means: a person confined in an institution who is
eligible for release on parole or who will become eligible for release
on parole or conditional release within two years. Provided, however,
that a person under sentence for an offense defined in paragraphs (a)
and (b) of subdivision one of section 70.02 of the penal law, where such
offense involved the use or threatened use of a deadly weapon or
dangerous instrument shall not be eligible to participate in a work
release program until he or she is eligible for release on parole or who
will be eligible for release on parole or conditional release within
eighteen months. Provided, further, however, that a person under a
determinate sentence as a second felony drug offender for a class B
felony offense defined in article two hundred twenty of the penal law,
who was sentenced pursuant to section 70.70 of such law, shall not be
eligible to participate in a temporary release program until the time
served under imprisonment for his or her determinate sentence, including
any jail time credited pursuant to the provisions of article seventy of
the penal law, shall be at least eighteen months. In the case of a
person serving an indeterminate sentence of imprisonment imposed
pursuant to the penal law in effect after September one, nineteen
hundred sixty-seven, for the purposes of this article parole eligibility
shall be upon the expiration of the minimum period of imprisonment fixed
by the court or where the court has not fixed any period, after service
of the minimum period fixed by the state board of parole. If an inmate
is denied release on parole, such inmate shall not be deemed an eligible
inmate until he or she is within two years of his or her next scheduled
appearance before the state parole board. In any case where an inmate is
denied release on parole while participating in a temporary release
program, the department shall review the status of the inmate to
determine if continued placement in the program is appropriate. No
person convicted of any escape or absconding offense defined in article
two hundred five of the penal law shall be eligible for temporary
release. Further, no person under sentence for aggravated harassment of
an employee by an inmate as defined in section 240.32 of the penal law
for, any homicide offense defined in article one hundred twenty-five of
the penal law, for any sex offense defined in article one hundred thirty
of the penal law, or for an offense defined in section 255.25 of the
penal law shall be eligible to participate in a work release program as
defined in subdivision three of this section. Nor shall any person under
sentence for any sex offense defined in article one hundred thirty of
the penal law be eligible to participate in a community services program
as defined in subdivision five of this section. Notwithstanding the
foregoing, no person who is an otherwise eligible inmate who is under
sentence for a crime involving: (a) infliction of serious physical
injury upon another as defined in the penal law or (b) any other offense
involving the use or threatened use of a deadly weapon may participate
in a temporary release program without the written approval of the
commissioner. The commissioner shall promulgate regulations giving
direction to the temporary release committee at each institution in
order to aid such committees in carrying out this mandate.
The governor, by executive order, may exclude or limit the
participation of any class of otherwise eligible inmates from
participation in a temporary release program. Nothing in this paragraph
shall be construed to affect either the validity of any executive order
previously issued limiting the participation of otherwise eligible
inmates in such program or the authority of the commissioner of the
department of correctional services to impose appropriate regulations
limiting such participation.
2-a. Notwithstanding subdivision two of this section, the term
"eligible inmate" shall also include a person confined in an institution
who is eligible for release on parole or who will become eligible for
release on parole or conditional release within two years, and who was
convicted of a homicide offense as defined in article one hundred
twenty-five of the penal law or an assault offense defined in article
one hundred twenty of the penal law, and who can demonstrate to the
commissioner that: (a) the victim of such homicide or assault was a
member of the inmate's immediate family as that term is defined in
section 120.40 of the penal law or had a child in common with the
inmate; (b) the inmate was subjected to substantial physical, sexual or
psychological abuse committed by the victim of such homicide or assault;
and (c) such abuse was a substantial factor in causing the inmate to
commit such homicide or assault. With respect to an inmate's claim that
he or she was subjected to substantial physical, sexual or psychological
abuse committed by the victim, such demonstration shall include
corroborative material that may include, but is not limited to, witness
statements, social services records, hospital records, law enforcement
records and a showing based in part on documentation prepared at or near
the time of the commission of the offense or the prosecution thereof
tending to support the inmate's claim. Prior to making a determination
under this subdivision, the commissioner is required to request and take
into consideration the opinion of the district attorney who prosecuted
the underlying homicide or assault offense and the opinion of the
sentencing court. If such opinions are received within forty-five days
of the request, the commissioner shall take them into consideration. If
such opinions are not so received, the commissioner may proceed with the
determination. Any action by the commissioner pursuant to this
subdivision shall be deemed a judicial function and shall not be
reviewable in any court.
2-b. When calculating in advance the date on which a person is or will
be eligible for release on parole or conditional release, for purposes
of determining eligibility for temporary release or for placement at an
alcohol and substance abuse treatment correctional annex, the
commissioner shall consider and include credit for all potential credits
and reductions including but not limited to merit time and good behavior
allowances. Nothing in this subdivision shall be interpreted as
precluding the consideration and inclusion of credit for all potential
credits and reductions including, but not limited to, merit time and
good behavior allowances when calculating in advance for any other
purpose the date on which a person is or will be eligible for release on
parole or conditional release.
3. "Work release program" means a program under which eligible inmates
may be granted the privilege of leaving the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose of
on-the-job training or employment, or for any matter necessary to the
furtherance of any such purposes. No person shall be released into a
work release program unless prior to release such person has a
reasonable assurance of a job training program or employment. If after
release, such person ceases to be employed or ceases to participate in
the training program, the inmate's privilege to participate in such work
release program may be revoked in accordance with rules and regulations
promulgated by the commissioner.
4. "Furlough program" means a program under which eligible inmates may
be granted the privilege of leaving the premises of an institution for a
period not exceeding seven days for the purpose of seeking employment,
maintaining family ties, solving family problems, seeking post-release
housing, attending a short-term educational or vocational training
course, or for any matter necessary to the furtherance of any such
purposes.
5. "Community services program" means a program under which eligible
inmates may be granted the privilege of leaving the premises of an
institution for a period not exceeding fourteen hours in any day for the
purpose of participation in religious services, volunteer work, or
athletic events, or for any matter necessary to the furtherance of any
such purposes.
6. "Leave of absence" means a privilege granted to an inmate, who need
not be an "eligible inmate," to leave the premises of an institution for
the period of time necessary:
(a) to visit his or her spouse, child, brother, sister, grandchild,
parent, grandparent or ancestral aunt or uncle during his or her last
illness if death appears to be imminent;
(b) to attend the funeral of such individual;
(c) to undergo surgery or to receive medical or dental treatment not
available in the correctional institution only if deemed absolutely
necessary to the health and well-being of the inmate and whose approval
is granted by the commissioner or his designated representative.
7. "Educational leave" means a privilege granted to an eligible inmate
to leave the premises of an institution for a period not exceeding
fourteen hours in any day for the purpose of education or vocational
training, or for any matter necessary to the furtherance of any such
purposes.
8. "Industrial training leave" means a privilege granted to an
eligible inmate to leave the premises of an institution for a period not
exceeding fourteen hours in any day for the purpose of participating in
an industrial training program, or for any matter necessary to the
furtherance of any such purpose.
9. "Temporary release program" means a "work release program," a
"furlough program," a "community services program," an "industrial
training leave," an "educational leave," or a "leave of absence."
10. "Extended bounds of confinement" means the area in which an inmate
participating in a temporary release program may travel, the routes he
or she is permitted to use, the places he or she is authorized to visit,
and the hours, days, or specially defined period during which he or she
is permitted to be absent from the premises of the institution.
11. "Temporary release committee" means the body of persons, which may
include members of the public, appointed pursuant to regulations
promulgated by the commissioner to serve at the pleasure of the
commissioner for the purpose of formulating, modifying and revoking
temporary release programs at an institution.
12. "Superintendent" means the person in charge of an institution, by
whatever title he or she may be known.
* NB Effective until September 1, 2007
* § 851. Definitions. As used in this article the following terms have
the following meanings:
1. "Institution" means any institution under the jurisdiction of the
state department of correctional services.
2. "Eligible inmate" means: a person confined in an institution who is
eligible for release on parole or who will become eligible for release
on parole or conditional release within two years. Provided, that a
person under a determinate sentence as a second felony drug offender for
a class B felony offense defined in article two hundred twenty of the
penal law, who was sentenced pursuant to section 70.70 of such law,
shall not be eligible to participate in a temporary release program
until the time served under imprisonment for his or her determinate
sentence, including any jail time credited pursuant to the provisions of
article seventy of the penal law, shall be at least eighteen months. In
the case of a person serving an indeterminate sentence of imprisonment
imposed pursuant to the penal law in effect after September one,
nineteen hundred sixty-seven, for the purposes of this article parole
eligibility shall be upon the expiration of the minimum period of
imprisonment fixed by the court or where the court has not fixed any
period, after service of the minimum period fixed by the state board of
parole. If an inmate is denied release on parole, such inmate shall not
be deemed an eligible inmate until he or she is within two years of his
or her next scheduled appearance before the state parole board. In any
case where an inmate is denied release on parole while participating in
a temporary release program, the department shall review the status of
the inmate to determine if continued placement in the program is
appropriate. No person convicted of any escape or absconding offense
defined in article two hundred five of the penal law shall be eligible
for temporary release. Nor shall any person under sentence for any sex
offense defined in article one hundred thirty of the penal law be
eligible to participate in a community services program as defined in
subdivision five of this section. Notwithstanding the foregoing, no
person who is an otherwise eligible inmate who is under sentence for a
crime involving: (a) infliction of serious physical injury upon another
as defined in the penal law, (b) a sex offense involving forcible
compulsion, or (c) any other offense involving the use or threatened use
of a deadly weapon may participate in a temporary release program
without the written approval of the commissioner. The commissioner shall
promulgate regulations giving direction to the temporary release
committee at each institution in order to aid such committees in
carrying out this mandate.
The governor, by executive order, may exclude or limit the
participation of any class of otherwise eligible inmates from
participation in a temporary release program. Nothing in this paragraph
shall be construed to affect either the validity of any executive order
previously issued limiting the participation of otherwise eligible
inmates in such program or the authority of the commissioner of the
department of correctional services to impose appropriate regulations
limiting such participation.
2-a. Notwithstanding subdivision two of this section, the term
"eligible inmate" shall also include a person confined in an institution
who is eligible for release on parole or who will become eligible for
release on parole or conditional release within two years, and who was
convicted of a homicide offense as defined in article one hundred
twenty-five of the penal law or an assault offense defined in article
one hundred twenty of the penal law, and who can demonstrate to the
commissioner that: (a) the victim of such homicide or assault was a
member of the inmate's immediate family as that term is defined in
section 120.40 of the penal law or had a child in common with the
inmate; (b) the inmate was subjected to substantial physical, sexual or
psychological abuse committed by the victim of such homicide or assault;
and (c) such abuse was a substantial factor in causing the inmate to
commit such homicide or assault. With respect to an inmate's claim that
he or she was subjected to substantial physical, sexual or psychological
abuse committed by the victim, such demonstration shall include
corroborative material that may include, but is not limited to, witness
statements, social services records, hospital records, law enforcement
records and a showing based in part on documentation prepared at or near
the time of the commission of the offense or the prosecution thereof
tending to support the inmate's claim. Prior to making a determination
under this subdivision, the commissioner is required to request and take
into consideration the opinion of the district attorney who prosecuted
the underlying homicide or assault offense and the opinion of the
sentencing court. If such opinions are received within forty-five days
of the request, the commissioner shall take them into consideration. If
such opinions are not so received, the commissioner may proceed with the
determination. Any action by the commissioner pursuant to this
subdivision shall be deemed a judicial function and shall not be
reviewable in any court.
2-b. When calculating in advance the date on which a person is or will
be eligible for release on parole or conditional release, for purposes
of determining eligibility for temporary release or for placement at an
alcohol and substance abuse treatment correctional annex, the
commissioner shall consider and include credit for all potential credits
and reductions including but not limited to merit time and good behavior
allowances. Nothing in this subdivision shall be interpreted as
precluding the consideration and inclusion of credit for all potential
credits and reductions including, but not limited to, merit time and
good behavior allowances when calculating in advance for any other
purpose the date on which a person is or will be eligible for release on
parole or conditional release.
3. "Work release program" means a program under which eligible inmates
may be granted the privilege of leaving the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose of
on-the-job training or employment, or for any matter necessary to the
furtherance of any such purposes. No person shall be released into a
work release program unless prior to release such person has a
reasonable assurance of a job training program or employment. If after
release, such person ceases to be employed or ceases to participate in
the training program, the inmate's privilege to participate in such work
release program may be revoked in accordance with rules and regulations
promulgated by the commissioner.
4. "Furlough program" means a program under which eligible inmates may
be granted the privilege of leaving the premises of an institution for a
period not exceeding seven days for the purpose of seeking employment,
maintaining family ties, solving family problems, seeking post-release
housing, attending a short-term educational or vocational training
course, or for any matter necessary to the furtherance of any such
purposes.
5. "Community services program" means a program under which eligible
inmates may be granted the privilege of leaving the premises of an
institution for a period not exceeding fourteen hours in any day for the
purpose of participation in religious services, volunteer work, or
athletic events, or for any matter necessary to the furtherance of any
such purposes.
6. "Leave of absence" means a privilege granted to an inmate, who need
not be an "eligible inmate," to leave the premises of an institution for
the period of time necessary:
(a) to visit his or her spouse, child, brother, sister, grandchild,
parent, grandparent or ancestral aunt or uncle during his or her last
illness if death appears to be imminent;
(b) to attend the funeral of such individual;
(c) to undergo surgery or to receive medical or dental treatment not
available in the correctional institution only if deemed absolutely
necessary to the health and well-being of the inmate and whose approval
is granted by the commissioner or his designated representative.
7. "Educational leave" means a privilege granted to an eligible inmate
to leave the premises of an institution for a period not exceeding
fourteen hours in any day for the purpose of education or vocational
training, or for any matter necessary to the furtherance of any such
purposes.
8. "Industrial training leave" means a privilege granted to an
eligible inmate to leave the premises of an institution for a period not
exceeding fourteen hours in any day for the purpose of participating in
an industrial training program, or for any matter necessary to the
furtherance of any such purpose.
9. "Temporary release program" means a "work release program," a
"furlough program," a "community services program," an "industrial
training leave," an "educational leave," or a "leave of absence."
10. "Extended bounds of confinement" means the area in which an inmate
participating in a temporary release program may travel, the routes he
or she is permitted to use, the places he or she is authorized to visit,
and the hours, days, or specially defined period during which he or she
is permitted to be absent from the premises of the institution.
11. "Temporary release committee" means the body of persons, which may
include members of the public, appointed pursuant to regulations
promulgated by the commissioner to serve at the pleasure of the
commissioner for the purpose of formulating, modifying and revoking
temporary release programs at an institution.
12. "Superintendent" means the person in charge of an institution, by
whatever title he or she may be known.
* NB Effective September 1, 2007
* § 851. Definitions. As used in this article the following terms have
the following meanings:
1. "Institution" means any institution under the jurisdiction of the
state department of correction.
2. "Eligible inmate" means a person confined in an institution where a
work release program has been established who is eligible for release on
parole or who will become eligible for release on parole within one
year.
3. "Work release program" means a program under which eligible inmates
may be granted the privilege of leaving the premises of an institution
for the purpose of education, on-the-job training or employment.
4. "Extended bounds of confinement" means the area in which an inmate
participating in a work release program may travel, the routes he is
permitted to use, the places he is authorized to visit, and the hours,
not exceeding fourteen hours in any day, he is permitted to be absent
from the premises of the institution.
5. "Work release committee" means the body of persons, which may
include members of the public, appointed pursuant to regulations
promulgated by the commissioner of correction for the purpose of
formulating, modifying and revoking work release programs at an
institution.
6. "Warden" means the person in charge of an institution, by whatever
title he may be known.
* NB Effective only upon the expiration of 䅦 of ch. 60/1994, 䅆 of
ch. 339/1972 and ډ of ch. 554/1986
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