* § 851. Definitions. As used in this article the following terms have\nthe following meanings:\n 1. "Institution" means any institution under the jurisdiction of the\nstate department of corrections and community supervision or an\ninstitution designated by the commissioner pursuant to section\nseventy-two-a of this chapter.\n 2. "Eligible incarcerated individual" means: a person confined in an\ninstitution who is eligible for release on parole or who will become\neligible for release on parole or conditional release within two years.\nProvided, however, that a person under sentence for an offense defined\nin paragraphs (a) and (b) of subdivision one of section 70.02 of the\npenal law, where such offense involved the use or threatened use of a\ndeadly weapon or dangerous instrument shall not be eligible to\nparticipate in a work release program until he or she is eligible for\nrelease on parole or who will be eligible for release on parole or\nconditional release within eighteen months. Provided, further, however,\nthat a person under a determinate sentence as a second felony drug\noffender for a class B felony offense defined in article two hundred\ntwenty of the penal law, who was sentenced pursuant to section 70.70 of\nsuch law, shall not be eligible to participate in a temporary release\nprogram until the time served under imprisonment for his or her\ndeterminate sentence, including any jail time credited pursuant to the\nprovisions of article seventy of the penal law, shall be at least\neighteen months. In the case of a person serving an indeterminate\nsentence of imprisonment imposed pursuant to the penal law in effect\nafter September one, nineteen hundred sixty-seven, for the purposes of\nthis article parole eligibility shall be upon the expiration of the\nminimum period of imprisonment fixed by the court or where the court has\nnot fixed any period, after service of the minimum period fixed by the\nstate board of parole. If an incarcerated individual is denied release\non parole, such incarcerated individual shall not be deemed an eligible\nincarcerated individual until he or she is within two years of his or\nher next scheduled appearance before the state parole board. In any case\nwhere an incarcerated individual is denied release on parole while\nparticipating in a temporary release program, the department shall\nreview the status of the incarcerated individual to determine if\ncontinued placement in the program is appropriate. No person convicted\nof any escape or absconding offense defined in article two hundred five\nof the penal law shall be eligible for temporary release. Further, no\nperson under sentence for aggravated harassment of an employee by an\nincarcerated individual as defined in section 240.32 of the penal law\nfor, any homicide offense defined in article one hundred twenty-five of\nthe penal law, for any sex offense defined in article one hundred thirty\nof the penal law, or for an offense defined in section 255.25, 255.26 or\n255.27 of the penal law shall be eligible to participate in a work\nrelease program as defined in subdivision three of this section. Nor\nshall any person under sentence for any sex offense defined in article\none hundred thirty of the penal law be eligible to participate in a\ncommunity services program as defined in subdivision five of this\nsection. Notwithstanding the foregoing, no person who is an otherwise\neligible incarcerated individual who is under sentence for a crime\ninvolving: (a) infliction of serious physical injury upon another as\ndefined in the penal law or (b) any other offense involving the use or\nthreatened use of a deadly weapon may participate in a temporary release\nprogram without the written approval of the commissioner. The\ncommissioner shall promulgate regulations giving direction to the\ntemporary release committee at each institution in order to aid such\ncommittees in carrying out this mandate.\n The governor, by executive order, may exc
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