* § 855. Procedure for temporary release of incarcerated individuals.\n1. A person confined in an institution designated for the conduct of\nwork release programs who is an eligible incarcerated individual, may\nmake application to the temporary release committee of the institution\nfor permission to participate in a work release program.\n 2. Any eligible incarcerated individual may make application to the\ntemporary release committee for participation in a furlough program or\ncommunity services program, or for an industrial training leave or\neducational leave.\n 3. Any incarcerated individual may make application to the temporary\nrelease committee for a leave of absence provided, however, that in\nexigent circumstances such application may be made directly to the\nsuperintendent of the institution and the superintendent may exercise\nall of the powers of the temporary release committee subject, however,\nto any limitation or requirement set forth in the rules and regulations\nof the department and subject further to the discretion of the\ncommissioner. All leave of absences provided in exigent circumstances\nshall state the reasons for approval or disapproval of the application\nand shall be included in the incarcerated individual's institutional\nparole file.\n 4. If the temporary release committee determines that a temporary\nrelease program for the applicant is consistent with the safety of the\ncommunity and the welfare of the applicant, and is consistent with rules\nand regulations of the department, the committee, with the assistance of\nthe employees or unit designated by the commissioner pursuant to\nsubdivision four of section eight hundred fifty-two of this article,\nshall develop a suitable program of temporary release for the applicant.\nConsistent with these provisions, any educational leave program shall\nconsider the scheduling of classes to insure a reduction of release time\nnot spent in educational pursuits.\n 5. The committee shall then prepare a memorandum setting forth the\ndetails of the temporary release program including the extended bounds\nof confinement and any other matter required by rules or regulations of\nthe department. Such memorandum shall be transmitted to the\nsuperintendent who may approve or reject the program, subject to rules\nand regulations promulgated by the commissioner. If the superintendent\napproves the program, he or she shall indicate such approval in writing\nby signing the memorandum. If the superintendent rejects the program, he\nor she shall state his or her reasons in writing and a copy of his or\nher statement shall be given to the incarcerated individual and to the\ncommissioner and such decision shall be reviewed by the commissioner. If\nthe commissioner rejects the program, he or she shall state his or her\nreasons in writing. A copy of such statement shall be filed in the\nincarcerated individual's institutional file.\n 6. In order for an applicant to accept a program of temporary release,\nsuch incarcerated individual shall agree to be bound by all the terms\nand conditions thereof and shall indicate such agreement by signing the\nmemorandum of the program immediately below a statement reading as\nfollows: "I accept the foregoing program and agree to be bound by the\nterms and conditions thereof. I understand that I will be under the\nsupervision of the state department of corrections and community\nsupervision while I am away from the premises of the institution and I\nagree to comply with the instructions of any parole officer or other\nemployee of the department assigned to supervise me. I understand that\nmy participation in the program is a privilege which may be revoked at\nany time, and that if I violate any provision of the program I may be\ntaken into custody by any peace officer or police officer and I will be\nsubject to disciplinary procedures. I further understand that if I\nintentionally fail to return to the institution at or before the time
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