2012 New York Consolidated Laws
COR - Correction
Article 4 - (70 - 79-B) ESTABLISHMENT OF CORRECTIONAL FACILITIES, COMMITMENTS TO DEPARTMENT AND CUSTODY OF INMATES
72 - Confinement of persons by the department.

 
    § 72. Confinement of persons by the department. 1. Except as otherwise
  provided  in this section, all persons committed, transferred, certified
  to or placed in the care or custody of the department shall be  confined
  in   institutions   maintained   by   the   department   until  paroled,
  conditionally released, transferred to the care  of  another  agency  or
  released or discharged in accordance with the law.
    2.   The  commissioner,  or  the  superintendent  or  director  of  an
  institution in which an inmate is confined, may permit an inmate  to  be
  taken,  under  guard, to any place or for any purpose authorized by law,
  and the commissioner must provide  for  delivery  of  an  inmate,  under
  guard,  to any place where his presence is required pursuant to an order
  of a court that has authority to require his presence.
    2-a. The commissioner, superintendent, or director of  an  institution
  in  which an inmate is confined, may permit an inmate, wishing to do so,
  to leave the institution under  guard  for  the  purpose  of  performing
  volunteer  labor or services when in the public interest upon the threat
  or occurrence of a natural disaster, including but not limited to flood,
  earthquake,  hurricane,  landslide  or  fire.  An  inmate  may  also  be
  permitted  to  leave  the institution under guard to voluntarily perform
  work for a nonprofit organization pursuant to this subdivision. As  used
  in   this  subdivision,  the  term  "nonprofit  organization"  means  an
  organization  operated  exclusively  for   religious,   charitable,   or
  educational purposes, no part of the net earnings of which inures to the
  benefit of any private shareholder or individual.
    2-b.   The   commissioner,  or  his  designee  as  authorized  by  the
  commissioner, may permit an inmate to be taken under guard to any  place
  to participate in an industrial training program.
    3. The superintendent or director of an institution may permit inmates
  to  leave the institution for the purpose of performing maintenance work
  or farm work, or any other work necessary or appropriate for the upkeep,
  operations or business of the institution or the department.
    4. Any inmate who is confined in a correctional facility  and  who  is
  eligible  for  parole  or who will become eligible for parole within two
  years or who has one year or less  remaining  to  be  served  under  his
  sentence  may  be transferred by the commissioner to a correctional camp
  and may be permitted, by the superintendent, to leave the camp to engage
  in conservation or forestry work or  for  any  purpose  permitted  under
  subdivisions two and three of this section.
    * 5.   An  inmate  may  be  permitted  to  leave  the  institution  to
  participate in a  temporary  release  program  in  accordance  with  the
  provisions of article twenty-six of this chapter.
    * NB Effective until September 1, 2013
    * 5.  An  inmate  of a work release facility may be permitted to leave
  the facility to participate in a work release program in accordance with
  the provisions of article twenty-six of this chapter.
    * NB Effective September 1, 2013
    6. An inmate of a residential treatment facility may be  permitted  to
  leave  such  facility  in  accordance  with  the  provisions  of section
  seventy-three of this article.
    7. An inmate of a shock incarceration  correctional  facility  may  be
  permitted to leave the facility to participate in programs in accordance
  with the provisions of article twenty-six-A of this chapter.
    8.  In  any  case  where  the decision to permit an inmate to leave an
  institution is made by a person other than the commissioner or a  deputy
  commissioner  of  correction  such  action and the manner in which it is
  carried out shall be in strict accordance with the rules and regulations
  of the department. Such rules and regulations may restrict or limit  the

  authority  of  the  superintendent  or  director  in  any  manner deemed
  advisable by the commissioner.
    9.  The  provisions  of  this  section  shall not be construed in such
  manner as to be in conflict with any provision of law that  specifically
  provides for circumstances under which inmates may be permitted to leave
  institutions.