§ 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 incarcerated individual is confined, may permit
an incarcerated individual to be taken, under guard, to any place or for
any purpose authorized by law, and the commissioner must provide for
delivery of an incarcerated individual, 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 incarcerated individual is confined, may permit an
incarcerated individual, 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 incarcerated individual 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 incarcerated individual 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
incarcerated individuals 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 incarcerated individual 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 or her 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, two-a, two-b and three of this
section.

* 5. An incarcerated individual 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, 2025

* 5. An incarcerated individual 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, 2025

6. An incarcerated individual 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 incarcerated individual 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 incarcerated individual
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 incarcerated individuals may be
permitted to leave institutions.