2006 New York Code - Establishment Of Temporary Release.

 
    * §  852.  Establishment  of  temporary  release. 1. The commissioner,
  guided by consideration for the safety of the community and the  welfare
  of the inmate, 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
  inmates.
    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 inmates who are eligible to
  participate in a work release program, and (b) assisting such inmates in
  such other manner as necessary or desirable to assure the success of the
  program.
    5. All inmates participating in temporary release  programs  shall  be
  assigned  to parole officers for supervision. Such parole officers shall
  be responsible to the division of parole for the  purpose  of  providing
  such   supervision.   The  division  shall  provide  to  the  department
  supervision in accordance with the contract required by subdivision  six
  of this section. As part of its supervisory functions the division shall
  be  required  to  provide  reports to the department every two months on
  each inmate under its 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.
    6.  The  department shall contract with the division of parole for the
  provision of parole supervision services set forth in  subdivision  five
  of this section.
    * NB Effective until September 1, 2007
    * §  852.  Establishment  of  work  release.  1.  The  commissioner of
  correction shall designate one or more institutions for the  conduct  of
  work  release programs. Upon such designation the commissioner, with the
  approval of the chairman of the board of parole, shall promulgate  rules
  and  regulations  consistent with the provisions of this article for the
  administration of work release programs at any  institution  designated,
  and  shall appoint or cause to be appointed a work release committee for
  such institution.
    2.  The  division  of  parole  shall  be  responsible   for   securing
  appropriate  education, on-the-job training and employment opportunities
  for eligbile inmates. The division also shall supervise  inmates  during
  their  participation  in  work  release programs outside the premises of
  institutions.
    * NB Effective September 1, 2007