N.Y. COR Law § 633

* § 633. Procedure for furlough release of eligible incarcerated\nindividuals. 1. A person confined in a city prison or a county jail and\npenitentiaries of a county which elects to have this article apply\nthereto who is, or who within thirty days will become, an eligible\nincarcerated individual, may make application to the furlough release\ncommittee of the institution for permission to participate in a furlough\nprogram.\n 2. Any eligible incarcerated individual may make application to the\nfurlough committee for leave of absence provided, however, that in\nexigent circumstances such application may be made directly to the\nwarden of the institution and the warden may exercise all of the powers\nof the furlough committee subject, however, to any limitations or\nrequirements set forth in the rules and regulations of the department\nand subject further to the discretion of the commissioner.\n 3. If the furlough committee determines that a furlough program for\nthe applicant is consistent with the safety of the community, is in the\nbest interests of rehabilitation of the applicant, and is consistent\nwith the rules and regulations of the department, the committee, with\nthe assistance of the employees designated by the commissioner pursuant\nto section six hundred thirty-two of this chapter, shall develop a\nsuitable furlough program for the applicant.\n 4. The committee shall then prepare a memorandum setting forth the\ndetails of the furlough program including the extended bounds of\nconfinement and any other matter required by the rules and regulations\nof the department. Such memorandum shall be transmitted to the warden\nwho may approve or reject the program. If the warden approves the\nprogram, he shall indicate such approval in writing by signing the\nmemorandum. If the warden rejects the program, such decision shall be\nreviewed by the commissioner.\n 5. In order for the applicant to accept the furlough program, he shall\nagree to be bound by all the terms and conditions thereof and shall\nindicate such agreement by signing the memorandum of the program\nimmediately below a statement reading as follows:\n "I accept the foregoing program and agree to be bound by the terms and\nconditions thereof. I understand I will be under the supervision of the\ndepartment while I am away from the premises of the institution and I\nagree to comply with the instructions of any employee of the department\nassigned to supervise me. I will carry a copy of this memorandum on my\nperson at all times while I am away from the premises of the institution\nand I will exhibit it to any peace officer or police officer upon his\nrequest. I understand that my participation in the program is a\nprivilege which may be revoked at any time, and that if I violate any\nprovision of the program I may be taken into custody by any peace\nofficer or police officer and I will be subject to disciplinary\nprocedures. I further understand that if I intentionally fail to return\nto the institution at or before the time specified in the memorandum I\nmay be found guilty of a misdemeanor."\n 6. After approving the program of furlough, the warden may then permit\nan eligible incarcerated individual who has accepted such program to go\noutside the premises of the institution within the limits of the\nextended bounds of confinement described in the memorandum; provided,\nhowever, that no such permission shall become effective in the case of a\nfurlough program prior to the time at which the person to be released\nbecomes an eligible incarcerated individual.\n 7. Participation in a furlough release program shall be a privilege.\nNothing contained in this article may be construed to confer upon any\nincarcerated individual the right to participate, or to continue to\nparticipate in a furlough program
ll become effective in the case of a\nfurlough program prior to the time at which the person to be released\nbecomes an eligible incarcerated individual.\n 7. Participation in a furlough release program shall be a privilege.\nNothing contained in this article may be construed to confer upon any\nincarcerated individual the right to participate, or to continue to\nparticipate in a furlough program. The warden of the institution may at\nany time, and upon recommendation of the furlough committee or of the\ncommissioner, revoke any incarcerated individual's privilege to\nparticipate in a program of furlough.\n * NB Repealed September 1, 2027\n