Procedure for furlough release of eligible incarcerated individuals

* § 633. Procedure for furlough release of eligible incarcerated
individuals. 1. A person confined in a city prison or a county jail and
penitentiaries of a county which elects to have this article apply
thereto who is, or who within thirty days will become, an eligible
incarcerated individual, may make application to the furlough release
committee of the institution for permission to participate in a furlough
program.

2. Any eligible incarcerated individual may make application to the
furlough committee for leave of absence provided, however, that in
exigent circumstances such application may be made directly to the
warden of the institution and the warden may exercise all of the powers
of the furlough committee subject, however, to any limitations or
requirements set forth in the rules and regulations of the department
and subject further to the discretion of the commissioner.

3. If the furlough committee determines that a furlough program for
the applicant is consistent with the safety of the community, is in the
best interests of rehabilitation of the applicant, and is consistent
with the rules and regulations of the department, the committee, with
the assistance of the employees designated by the commissioner pursuant
to section six hundred thirty-two of this chapter, shall develop a
suitable furlough program for the applicant.

4. The committee shall then prepare a memorandum setting forth the
details of the furlough program including the extended bounds of
confinement and any other matter required by the rules and regulations
of the department. Such memorandum shall be transmitted to the warden
who may approve or reject the program. If the warden approves the
program, he shall indicate such approval in writing by signing the
memorandum. If the warden rejects the program, such decision shall be
reviewed by the commissioner.

5. In order for the applicant to accept the furlough program, he shall
agree to be bound by all the terms and conditions thereof and shall
indicate such agreement by signing the memorandum of the program
immediately below a statement reading as follows:

"I accept the foregoing program and agree to be bound by the terms and
conditions thereof. I understand I will be under the supervision of the
department while I am away from the premises of the institution and I
agree to comply with the instructions of any employee of the department
assigned to supervise me. I will carry a copy of this memorandum on my
person at all times while I am away from the premises of the institution
and I will exhibit it to any peace officer or police officer upon his
request. I understand that my participation in the program is a
privilege which may be revoked at any time, and that if I violate any
provision of the program I may be taken into custody by any peace
officer or police officer and I will be subject to disciplinary
procedures. I further understand that if I intentionally fail to return
to the institution at or before the time specified in the memorandum I
may be found guilty of a misdemeanor."

6. After approving the program of furlough, the warden may then permit
an eligible incarcerated individual who has accepted such program to go
outside the premises of the institution within the limits of the
extended bounds of confinement described in the memorandum; provided,
however, that no such permission shall become effective in the case of a
furlough program prior to the time at which the person to be released
becomes an eligible incarcerated individual.

7. Participation in a furlough release program shall be a privilege.
Nothing contained in this article may be construed to confer upon any
incarcerated individual the right to participate, or to continue to
participate in a furlough program. The warden of the institution may at
any time, and upon recommendation of the furlough committee or of the
commissioner, revoke any incarcerated individual's privilege to
participate in a program of furlough.

* NB Repealed September 1, 2025