* § 851. Definitions. As used in this article the following terms have
the following meanings:

1. "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.

2. "Eligible incarcerated individual" means: a person confined in an
institution who is eligible for release on parole or who will become
eligible for release on parole or conditional release within two years.
Provided, however, that a person under sentence for an offense defined
in paragraphs (a) and (b) of subdivision one of section 70.02 of the
penal law, where such offense involved the use or threatened use of a
deadly weapon or dangerous instrument shall not be eligible to
participate in a work release program until he or she is eligible for
release on parole or who will be eligible for release on parole or
conditional release within eighteen months. Provided, further, however,
that a person under a determinate sentence as a second felony drug
offender for a class B felony offense defined in article two hundred
twenty of the penal law, who was sentenced pursuant to section 70.70 of
such law, shall not be eligible to participate in a temporary release
program until the time served under imprisonment for his or her
determinate sentence, including any jail time credited pursuant to the
provisions of article seventy of the penal law, shall be at least
eighteen months. In the case of a person serving an indeterminate
sentence of imprisonment imposed pursuant to the penal law in effect
after September one, nineteen hundred sixty-seven, for the purposes of
this article parole eligibility shall be upon the expiration of the
minimum period of imprisonment fixed by the court or where the court has
not fixed any period, after service of the minimum period fixed by the
state board of parole. If an incarcerated individual is denied release
on parole, such incarcerated individual shall not be deemed an eligible
incarcerated individual until he or she is within two years of his or
her next scheduled appearance before the state parole board. In any case
where an incarcerated individual is denied release on parole while
participating in a temporary release program, the department shall
review the status of the incarcerated individual to determine if
continued placement in the program is appropriate. No person convicted
of any escape or absconding offense defined in article two hundred five
of the penal law shall be eligible for temporary release. Further, no
person under sentence for aggravated harassment of an employee by an
incarcerated individual as defined in section 240.32 of the penal law
for, any homicide offense defined in article one hundred twenty-five of
the penal law, for any sex offense defined in article one hundred thirty
of the penal law, or for an offense defined in section 255.25, 255.26 or
255.27 of the penal law shall be eligible to participate in a work
release program as defined in subdivision three of this section. Nor
shall any person under sentence for any sex offense defined in article
one hundred thirty of the penal law be eligible to participate in a
community services program as defined in subdivision five of this
section. Notwithstanding the foregoing, no person who is an otherwise
eligible incarcerated individual who is under sentence for a crime
involving: (a) infliction of serious physical injury upon another as
defined in the penal law or (b) any other offense involving the use or
threatened use of a deadly weapon may participate in a temporary release
program without the written approval of the commissioner. The
commissioner shall promulgate regulations giving direction to the
temporary release committee at each institution in order to aid such
committees in carrying out this mandate.

The governor, by executive order, may exclude or limit the
participation of any class of otherwise eligible incarcerated
individuals from participation in a temporary release program. Nothing
in this paragraph shall be construed to affect either the validity of
any executive order previously issued limiting the participation of
otherwise eligible incarcerated individuals in such program or the
authority of the commissioner to impose appropriate regulations limiting
such participation.

2-a. Notwithstanding subdivision two of this section, the term
"eligible incarcerated individual" shall also include a person confined
in an institution who is eligible for release on parole or who will
become eligible for release on parole or conditional release within two
years, and who was convicted of a homicide offense as defined in article
one hundred twenty-five of the penal law or an assault offense defined
in article one hundred twenty of the penal law, and who can demonstrate
to the commissioner that: (a) the victim of such homicide or assault was
a member of the incarcerated individual's immediate family as that term
is defined in section 120.40 of the penal law or had a child in common
with the incarcerated individual; (b) the incarcerated individual was
subjected to substantial physical, sexual or psychological abuse
committed by the victim of such homicide or assault; and (c) such abuse
was a substantial factor in causing the incarcerated individual to
commit such homicide or assault. With respect to an incarcerated
individual's claim that he or she was subjected to substantial physical,
sexual or psychological abuse committed by the victim, such
demonstration shall include corroborative material that may include, but
is not limited to, witness statements, social services records, hospital
records, law enforcement records and a showing based in part on
documentation prepared at or near the time of the commission of the
offense or the prosecution thereof tending to support the incarcerated
individual's claim. Prior to making a determination under this
subdivision, the commissioner is required to request and take into
consideration the opinion of the district attorney who prosecuted the
underlying homicide or assault offense and the opinion of the sentencing
court. If such opinions are received within forty-five days of the
request, the commissioner shall take them into consideration. If such
opinions are not so received, the commissioner may proceed with the
determination. Any action by the commissioner pursuant to this
subdivision shall be deemed a judicial function and shall not be
reviewable in any court.

2-b. When calculating in advance the date on which a person is or will
be eligible for release on parole or conditional release, for purposes
of determining eligibility for temporary release or for placement at an
alcohol and substance abuse treatment correctional annex, the
commissioner shall consider and include credit for all potential credits
and reductions including but not limited to merit time and good behavior
allowances. Nothing in this subdivision shall be interpreted as
precluding the consideration and inclusion of credit for all potential
credits and reductions including, but not limited to, merit time and
good behavior allowances when calculating in advance for any other
purpose the date on which a person is or will be eligible for release on
parole or conditional release.

3. "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. No person
shall be released into a work release program unless prior to release
such person has a reasonable assurance of a job training program or
employment. If after release, such person ceases to be employed or
ceases to participate in the training program, the incarcerated
individual's privilege to participate in such work release program may
be revoked in accordance with rules and regulations promulgated by the
commissioner.

4. "Furlough 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 seven days for the
purpose of seeking employment, maintaining family ties, solving family
problems, seeking post-release housing, attending a short-term
educational or vocational training course, or for any matter necessary
to the furtherance of any such purposes.

5. "Community services 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 participation in religious services,
volunteer work, or athletic events, or for any matter necessary to the
furtherance of any such purposes.

6. "Leave of absence" means a privilege granted to an incarcerated
individual, who need not be an "eligible incarcerated individual," to
leave the premises of an institution for the period of time necessary:

(a) to visit his or her spouse, child, brother, sister, grandchild,
parent, grandparent or ancestral aunt or uncle during his or her last
illness if death appears to be imminent;

(b) to attend the funeral of such individual;

(c) to undergo surgery or to receive medical or dental treatment not
available in the correctional institution only if deemed absolutely
necessary to the health and well-being of the incarcerated individual
and whose approval is granted by the commissioner or his or her
designated representative.

7. "Educational leave" means a privilege granted to an eligible
incarcerated individual to leave the premises of an institution for a
period not exceeding fourteen hours in any day for the purpose of
education or vocational training, or for any matter necessary to the
furtherance of any such purposes.

8. "Industrial training leave" means a privilege granted to an
eligible incarcerated individual to leave the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose of
participating in an industrial training program, or for any matter
necessary to the furtherance of any such purpose.

9. "Temporary release program" means a "work release program," a
"furlough program," a "community services program," an "industrial
training leave," an "educational leave," or a "leave of absence."

10. "Extended bounds of confinement" means the area in which an
incarcerated individual participating in a temporary release program may
travel, the routes he or she is permitted to use, the places he or she
is authorized to visit, and the hours, days, or specially defined period
during which he or she is permitted to be absent from the premises of
the institution.

11. "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.

12. "Superintendent" means the person in charge of an institution, by
whatever title he or she may be known.

* NB Effective until September 1, 2025

* § 851. Definitions. As used in this article the following terms have
the following meanings:

1. "Institution" means any institution under the jurisdiction of the
state department of corrections and community supervision.

2. "Eligible incarcerated individual" means: a person confined in an
institution who is eligible for release on parole or who will become
eligible for release on parole or conditional release within two years.
Provided, that a person under a determinate sentence as a second felony
drug offender for a class B felony offense defined in article two
hundred twenty of the penal law, who was sentenced pursuant to section
70.70 of such law, shall not be eligible to participate in a temporary
release program until the time served under imprisonment for his or her
determinate sentence, including any jail time credited pursuant to the
provisions of article seventy of the penal law, shall be at least
eighteen months. In the case of a person serving an indeterminate
sentence of imprisonment imposed pursuant to the penal law in effect
after September one, nineteen hundred sixty-seven, for the purposes of
this article parole eligibility shall be upon the expiration of the
minimum period of imprisonment fixed by the court or where the court has
not fixed any period, after service of the minimum period fixed by the
state board of parole. If an incarcerated individual is denied release
on parole, such incarcerated individual shall not be deemed an eligible
incarcerated individual until he or she is within two years of his or
her next scheduled appearance before the state parole board. In any case
where an incarcerated individual is denied release on parole while
participating in a temporary release program, the department shall
review the status of the incarcerated individual to determine if
continued placement in the program is appropriate. No person convicted
of any escape or absconding offense defined in article two hundred five
of the penal law shall be eligible for temporary release. Nor shall any
person under sentence for any sex offense defined in article one hundred
thirty of the penal law be eligible to participate in a community
services program as defined in subdivision five of this section.
Notwithstanding the foregoing, no person who is an otherwise eligible
incarcerated individual who is under sentence for a crime involving: (a)
infliction of serious physical injury upon another as defined in the
penal law, (b) a sex offense involving forcible compulsion, or (c) any
other offense involving the use or threatened use of a deadly weapon may
participate in a temporary release program without the written approval
of the commissioner. The commissioner shall promulgate regulations
giving direction to the temporary release committee at each institution
in order to aid such committees in carrying out this mandate.

The governor, by executive order, may exclude or limit the
participation of any class of otherwise eligible incarcerated
individuals from participation in a temporary release program. Nothing
in this paragraph shall be construed to affect either the validity of
any executive order previously issued limiting the participation of
otherwise eligible incarcerated individuals in such program or the
authority of the commissioner to impose appropriate regulations limiting
such participation.

3. "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. No person
shall be released into a work release program unless prior to release
such person has a reasonable assurance of a job training program or
employment. If after release, such person ceases to be employed or
ceases to participate in the training program, the incarcerated
individual's privilege to participate in such work release program may
be revoked in accordance with rules and regulations promulgated by the
commissioner.

4. "Furlough 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 seven days for the
purpose of seeking employment, maintaining family ties, solving family
problems, seeking post-release housing, attending a short-term
educational or vocational training course, or for any matter necessary
to the furtherance of any such purposes.

5. "Community services 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 participation in religious services,
volunteer work, or athletic events, or for any matter necessary to the
furtherance of any such purposes.

6. "Leave of absence" means a privilege granted to an incarcerated
individual, who need not be an "eligible incarcerated individual," to
leave the premises of an institution for the period of time necessary:

(a) to visit his or her spouse, child, brother, sister, grandchild,
parent, grandparent or ancestral aunt or uncle during his or her last
illness if death appears to be imminent;

(b) to attend the funeral of such individual;

(c) to undergo surgery or to receive medical or dental treatment not
available in the correctional institution only if deemed absolutely
necessary to the health and well-being of the incarcerated individual
and whose approval is granted by the commissioner or his or her
designated representative.

7. "Educational leave" means a privilege granted to an eligible
incarcerated individual to leave the premises of an institution for a
period not exceeding fourteen hours in any day for the purpose of
education or vocational training, or for any matter necessary to the
furtherance of any such purposes.

8. "Industrial training leave" means a privilege granted to an
eligible incarcerated individual to leave the premises of an institution
for a period not exceeding fourteen hours in any day for the purpose of
participating in an industrial training program, or for any matter
necessary to the furtherance of any such purpose.

9. "Temporary release program" means a "work release program," a
"furlough program," a "community services program," an "industrial
training leave," an "educational leave," or a "leave of absence."

10. "Extended bounds of confinement" means the area in which an
incarcerated individual participating in a temporary release program may
travel, the routes he or she is permitted to use, the places he or she
is authorized to visit, and the hours, days, or specially defined period
during which he or she is permitted to be absent from the premises of
the institution.

11. "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.

12. "Superintendent" means the person in charge of an institution, by
whatever title he or she may be known.

* NB Effective September 1, 2025 until the expiration of §42 of ch.
60/1994, §10 of ch. 339/1972 and §3 of ch. 554/1986

* § 851. Definitions. As used in this article the following terms have
the following meanings:

1. "Institution" means any institution under the jurisdiction of the
state department of corrections and community supervision.

2. "Eligible incarcerated individual" means a person confined in an
institution where a work release program has been established who is
eligible for release on parole or who will become eligible for release
on parole within one year.

3. "Work release program" means a program under which eligible
incarcerated individual may be granted the privilege of leaving the
premises of an institution for the purpose of education, on-the-job
training or employment.

4. "Extended bounds of confinement" means the area in which an
incarcerated individual participating in a work release program may
travel, the routes he or she is permitted to use, the places he or she
is authorized to visit, and the hours, not exceeding fourteen hours in
any day, he or she is permitted to be absent from the premises of the
institution.

5. "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.

6. "Warden" means the person in charge of an institution, by whatever
title he may be known.

* NB Effective only upon the expiration of §42 of ch. 60/1994, §10 of
ch. 339/1972 and §3 of ch. 554/1986