New York Consolidated Laws

N.Y. Correction Law § 852 (2026)

Establishment of temporary release

✓ current as of May 2026

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* § 852. Establishment of temporary release. 1. The commissioner,
guided by consideration for the safety of the community and the welfare
of the incarcerated individual, shall review and evaluate all existing
rules, regulations and directives relating to current temporary release
programs and consistent with the provisions of this article for the
administration of temporary release programs shall by January first,
nineteen hundred seventy-eight promulgate new rules and regulations for
the various forms of temporary release. Such rules and regulations shall
reflect the purposes of the different programs and shall include but not
be limited to selection criteria, supervision and procedures for the
disposition of each application.
  2. The commissioner shall appoint or cause to be appointed a temporary
release committee for each institution which shall meet on a regularly
scheduled basis to review all applications for temporary release.
  3. Work release programs may be established only at institutions
classified by the commissioner as work release facilities. Educational
release programs may be established only at those educational
institutions which shall maintain attendance records for participating
incarcerated individuals.
  4. The commissioner shall designate in the rules and regulations of
the department appropriate employees or an appropriate unit of the
department to be responsible for (a) securing education, on-the-job
training and employment opportunities for incarcerated individuals who
are eligible to participate in a work release program, and (b) assisting
such incarcerated individuals in such other manner as necessary or
desirable to assure the success of the program.
  5. All incarcerated individuals participating in temporary release
programs shall be assigned to parole officers for supervision. As part
of the parole officer's supervisory functions he or she shall be
required to provide reports every two months on each incarcerated
individual under his or her supervision. Such reports shall include but
not be limited to:
  (a) an evaluation of the individual's participation in such program;
  (b) a statement of any problems and the manner in which such problems
were resolved relative to an individual's participation in such
programs; and
  (c) a recommendation with respect to the individual's continued
participation in the program.
  * NB Effective until September 1, 2027
  * § 852. Establishment of work release. 1. The commissioner of
correction shall designate one or more institutions for the conduct of
work release programs. Upon such designation the commissioner, with the
approval of the chairman of the board of parole, shall promulgate rules
and regulations consistent with the provisions of this article for the
administration of work release programs at any institution designated,
and shall appoint or cause to be appointed a work release committee for
such institution.
  2. The department shall be responsible for securing appropriate
education, on-the-job training and employment opportunities for eligible
incarcerated individuals and shall supervise incarcerated individuals
during their participation in work release programs outside the premises
of institutions.
  * NB Effective September 1, 2027

Notes of Decisions

Cited in 12 cases, 1975–1997 · leading case: Dorst v. Pataki, 687 N.E.2d 1348 (NY 1997).

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Dorst v. Pataki, 687 N.E.2d 1348 (NY 1997). · cites it 2× “It expressly declared that further regulatory implementation of temporary release programs may be necessary and that the Commissioner of Correctional Services, in reviewing existing regulations and promulgating new ones, was to be "guided by consideration for the safety of the…”

Dorst v. Pataki, 167 Misc. 2d 329 (N.Y. Sup. Ct. 1995). · cites it 2× “Correction Law § 852 (1) gives the commissioner authority to promulgate rules and regulations for the administration of the temporary release program and requires that the commissioner be "guided by consideration for the safety of the community and the welfare of the inmate” in…”

Dorst v. Pataki, 228 A.D.2d 4 (N.Y. App. Div. 1997). “Here, the Correction Law specifically provides that determinations regarding temporary release programs shall be "guided by consideration for the safety of the community and the welfare of the inmate” (Correction Law § 852 [1]). To the extent that plaintiffs contend that such…”

Rossney v. Pataki, 239 A.D.2d 632 (N.Y. App. Div. 1997). “Significantly, the exercise of rule making authority *634 must be "guided by consideration for the safety of the community and the welfare of the inmate” (Correction Law § 852 [1] ; see, Dorst v Pataki, supra; see also, Matter of Quartararo v New York State Dept.”

Sanno v. Preiser, 397 F. Supp. 560 (S.D.N.Y. 1975). “” N.Y. Correction Law § 851 (4) (McKinney 1968).”

Musano v. Ragnone, 134 Misc. 2d 901 (N.Y. Sup. Ct. 1986). · cites it 3× “Respondents argue that petitioner has failed to exhaust the administrative appeal; that inmates do not have an absolute right to participate in a temporary release program, and that it is merely a matter of privilege; that Correction Law § 852 (1) and regulations promulgated…”

Chandler v. Coughlin, 131 Misc. 2d 442 (N.Y. Sup. Ct. 1986). · cites it 2× “” Correction Law § 852, in pertinent part, provides "1.”

Jones v. Kennedy, 112 A.D.2d 627 (N.Y. App. Div. 1985). “The Commissioner has not promulgated such administrative regulations, despite the apparent statutory direction to do so (Correction Law § 852 [1]). In any event, however, prohibiting petitioner from reapplying for the program for a year goes well beyond any restrictions on…”

Cintron v. Coughlin, 141 A.D.2d 1006 (N.Y. App. Div. 1988). “Correction Law § 852 (2) authorizes respondent Commissioner of Correctional Services to appoint members of a temporary release committee for each institution.”

Nicholas v. Pataki, 233 A.D.2d 657 (N.Y. App. Div. 1996). “Supreme Court dismissed the petition. Petitioner appeals.”

McNamara v. Coughlin, 162 Misc. 2d 504 (N.Y. Sup. Ct. 1994). “Correction Law § 852 authorizes the Commissioner of the New York State Department of Correctional Services to set up a temporary release program for prison inmates who are within two years of becoming eligible for parole.”

Day v. Pataki, 166 Misc. 2d 432 (N.Y. Sup. Ct. 1995). “Correction Law § 852 (1) recites as follows: "The commissioner, guided by consideration for the safety of the community and the welfare of the inmate, shall review and evaluate all existing rules, regulations and directives relating to current temporary release programs and…”

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