* § 856. Conduct of incarcerated individuals participating in a
temporary release program. 1. An incarcerated individual who is
permitted to leave the premises of an institution to participate in a
temporary release program shall have on his or her person a card
identifying him or her as a participant in a temporary release program
as signed by the superintendent of the institution at all times while
outside the premises of the institution and shall exhibit such card to
any peace officer or police officer upon request of such officer. The
commissioner may, by regulation, require such information, including
effective dates, to be included in such card as he or she shall deem
necessary and proper.

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 temporary release
programs, such incarcerated individual 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. The failure of an incarcerated
individual to voluntarily return to the institution of his or her
confinement more than ten hours after his or her prescribed time of
return shall create a rebuttable presumption that the failure to return
was intentional. Any incarcerated individual who is found to have
intentionally failed to return pursuant to this subdivision shall be an
absconder in violation of his or her temporary release program and will
not be an eligible incarcerated individual as defined in subdivision two
of section eight hundred fifty-one of this chapter. The creation of such
rebuttable presumption shall not be admissible in any court of law as
evidence of the commission of any crime defined in the penal law. A full
report of any such violation, a summary of the facts and findings of the
disciplinary hearing and disciplinary measures taken, shall be made
available to the board for the incarcerated individual's next scheduled
appearance before the state board of parole including any defense or
explanation offered by the incarcerated individual in response at such
hearing.

3. The provisions of this chapter relating to good behavior allowances
shall apply to behavior of incarcerated individuals while participating
in temporary release programs outside the premises of institutions, and
such allowances may be granted, withheld, forfeited or cancelled in
whole or in 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 institutions.

4. An incarcerated individual who is in violation of the provisions of
his or her temporary release 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 either the institution that
released him or her, or to the nearest secure facility where greater
security is indicated. 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 the incarcerated individual was released, the
officer who apprehended the incarcerated individual shall forthwith
notify the superintendent of the institution from which the incarcerated
individual was released and it shall be the duty of the superintendent
to effect the expeditious return of the incarcerated individual to the
institution.

5. Upon the conclusion or termination of a temporary release program,
a full report of the incarcerated individual's performance in such
program shall be prepared in accordance with regulations of the
commissioner. Such report shall include but not be limited to:
adjustment to release, supervision contacts, statement of any violations
of the terms and conditions of release and of any disciplinary actions
taken, and an assessment of the incarcerated individual's suitability
for parole. Such report shall be made available to the state board of
parole for the incarcerated individual's next scheduled appearance
before such board.

* NB Effective until September 1, 2025

* § 854. Conduct of incarcerated individuals participating in work
release program. 1. An incarcerated individual who is permitted to leave
the premises of an institution to participate in a program of work
release shall have on his or her person a copy of the memorandum of that
program as signed by the warden of the institution at all times while
outside the premises of the institution and shall exhibit such copy to
any peace officer upon request of the officer.

2. If the incarcerated individual violates any provision of the
program, or any rule or regulation promulgated by the commissioner of
corrections and community supervision for conduct of incarcerated
individuals participating in work release 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 chapter relating to good behavior allowances
shall apply to behavior of incarcerated individuals while participating
in work release programs outside the premises of institutions, and such
allowances may be granted, withheld, forfeited or cancelled in whole or
in 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 institutions.

4. An incarcerated individual who is in violation of the provisions of
his or her work release program may be taken into custody by any peace
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 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 peace 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 Effective September 1, 2025