N.Y. COR. LAW § 871 : NY Code - Section 871: Procedures

Search N.Y. COR. LAW § 871 : NY Code - Section 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.