* § 852. Establishment of temporary release. 1. The commissioner, guided by consideration for the safety of the community and the welfare of the incarcerated individual, 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.

Terms Used In N.Y. Correction Law 852

  • Institution: means any institution under the jurisdiction of the state department of corrections and community supervision or an institution designated by the commissioner pursuant to section seventy-two-a of this chapter. See N.Y. Correction Law 851
  • 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. See N.Y. Correction Law 851
  • Work release committee: means the body of persons, which may include members of the public, appointed pursuant to regulations promulgated by the commissioner for the purpose of formulating, modifying and revoking work release programs at an institution. See N.Y. Correction Law 851
  • Work release program: means a program under which eligible incarcerated individuals 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. See N.Y. Correction Law 851

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 incarcerated individuals.

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 incarcerated individuals who are eligible to participate in a work release program, and (b) assisting such incarcerated individuals in such other manner as necessary or desirable to assure the success of the program.

5. All incarcerated individuals participating in temporary release programs shall be assigned to parole officers for supervision. As part of the parole officer's supervisory functions he or she shall be required to provide reports every two months on each incarcerated individual under his or her 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.

* NB Effective until September 1, 2025

* § 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 department shall be responsible for securing appropriate education, on-the-job training and employment opportunities for eligible incarcerated individuals and shall supervise incarcerated individuals during their participation in work release programs outside the premises of institutions.

* NB Effective September 1, 2025

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