New York Correction Law § 871. Procedures




(a) Any prisoner sentenced to and confined in any jail for which the sheriff has established a work release program may apply to the sheriff for permission to participate in such program.  Pursuant to rules and regulations promulgated by the sheriff and approved by the state commission of correction, the sheriff may approve or disapprove the application.  In the event of approval, the sheriff shall prepare a specific, written work release plan for the prisoner which shall contain such terms and conditions as shall be deemed reasonably proper and necessary.  The prisoner shall signify in writing his agreement to the terms of the work release plan in such form as the sheriff shall specify and a copy of the work release plan shall be delivered to the prisoner prior to his participation therein.  The work release plan may be revoked, suspended or modified by the sheriff at any time for good cause, with or without notice to the prisoner.  Any disapproval, revocation, suspension or modification of a work release application or plan shall be reviewable by the state commission of correction upon written request of the prisoner which shall be forwarded immediately to the commission by the sheriff.  The decision of the commission shall be final and not be subject to judicial review.

(b) The sheriff shall appoint a committee, to be known as the work release committee, composed of at least one member of the county department of probation and of such members of the staff of the jail of confinement as he shall deem proper.  The work release committee may also include such other persons whom the sheriff may deem proper, and such persons shall be selected upon the basis of their knowledge and experience in the field of penology, law, medicine, labor, commerce, theology or social services.  The committee shall advise and assist the sheriff in administering the work release program, provided, however, that any determination to approve, disapprove, revoke, suspend or modify any work release application or plan shall rest solely in the discretion of the sheriff subject to review by the commission of correction as set forth in subdivision (a) of this section.

(c) The sheriff and work release committee may assist prisoners seeking admission to the work release program in securing gainful employment or participation in a publicly or privately sponsored program of vocational training.

(d) A work release plan may include employment within a county other than that in which the jail of confinement is located.  The sheriff may arrange with the sheriff or the superintendent or other person in charge of a jail or penitentiary of any other county which has adopted a work release program to maintain custody of any prisoner employed in such other county during the period of employment or until his discharge from confinement, whichever shall occur first.  In such event, the sheriff or superintendent of the jail or penitentiary having such custody of the prisoner shall dispose of the earnings of the prisoner pursuant to section eight hundred seventy-two of this article.


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