N.Y. Correction Law 634 – Conduct of incarcerated individuals participating in furlough program
* § 634. Conduct of incarcerated individuals participating in furlough program. 1. An incarcerated individual who is permitted to leave the premises of an institution to participate in a furlough program shall have on his or her person a copy of the memorandum of that program as signed by the warden of the institution and shall exhibit such copy to any peace officer or police officer upon request of such officer.
Terms Used In N.Y. Correction Law 634
- Commissioner: means the commissioner of correction in a city having a population of one million or more or that official having similar duties in any county which elects to have this article apply thereto, by whatever title he may be known. See N.Y. Correction Law 631
- Furlough program: means a program under which eligible incarcerated individuals may be granted the privilege of leaving the premises of a prison for a period not exceeding seventy-two hours for the purpose of seeking employment, maintaining family ties, solving family problems, to undergo surgery or to receive medical treatment or dental treatment not available in the correctional institution, or for any matter necessary to the furtherance of any such purposes. See N.Y. Correction Law 631
- Institution: means any institution under the jurisdiction of the commissioner of correction in any city having a population of one million or more or of a county which elects to have this article apply thereto. See N.Y. Correction Law 631
- Warden: means the person in charge of an institution by whatever title he may be known. See N.Y. Correction Law 631
2. If the incarcerated individual violates any provision of the program, or any rule, or regulation promulgated by the commissioner for conduct of incarcerated individuals participating in furlough 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 section relating to good behavior of incarcerated individuals while participating in furlough programs outside the premises of institutions, and such allowances may be granted, withheld, forfeited or cancelled in whole or 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 the institutions.
4. An incarcerated individual who is in violation of the provisions of his or her furlough program may be taken into custody by any peace officer or police 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 the 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 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.
* NB Repealed September 1, 2025