Temporary Release Program Law and Legal Definition
Temporary release programs refer to programs which allow release of a prisoner from the place of his/her imprisonment for a limited period. It helps in the transition of prisoners from prison to the community. Requirements for eligibility for the program vary by jurisdiction. Over the past several years temporary release participation has declined dramatically because of increased restrictions on eligibility for the program.
For Example, in New York inmates who are within two years of their earliest release date are allowed temporary release to become reintegrated back into their families and communities on a gradual basis. Temporary release can be by Furlough, which allows an inmate to go home to stay with his/her family for up to seven days to maintain family ties, look for employment or to seek post-release housing or by Work Release, which allows an inmate to leave a facility for up to 14 hours in any day to work at a job in the community or gain on-the-job training or by Industrial Training Leave, which allows an inmate to participate in an Industrial Training Program at designated sites or by Educational Release, which allows an inmate to attend school, vocational training or college for up to 14 hours in any day or by Community Service Leave, which allows an inmate to leave the facility during the day to do volunteer work in the community, or to attend an athletic event, cultural event or religious services or by Leave of Absence, which allows an inmate to visit a relative who is dying or to attend a family funeral. It may also be granted for medical treatment which is not available in a Departmental facility.
The following is a Federal Statute on Temporary release of a prisoner:
18 USCS § 3622 . Temporary release of a prisoner
The Bureau of Prisons may release a prisoner from the place of his imprisonment for a limited period if such release appears to be consistent with the purpose for which the sentence was imposed and any pertinent policy statement issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2), if such release otherwise appears to be consistent with the public interest and if there is reasonable cause to believe that a prisoner will honor the trust to be imposed in him, by authorizing him, under prescribed conditions, to--
(a) visit a designated place for a period not to exceed thirty days, and then return to the same or another facility, for the purpose of--
(1) visiting a relative who is dying;
(2) attending a funeral of a relative;
(3) obtaining medical treatment not otherwise available;
(4) contacting a prospective employer;
(5) establishing or reestablishing family or community ties; or
(6) engaging in any other significant activity consistent with the public interest;
(b) participate in a training or educational program in the community while continuing in official detention at the prison facility; or
(c) work at paid employment in the community while continuing in official detention at the penal or correctional facility if--
(1) the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community; and
(2) the prisoner agrees to pay to the Bureau such costs incident to official detention as the Bureau finds appropriate and reasonable under all the circumstances, such costs to be collected by the Bureau and deposited in the Treasury to the credit of the appropriation available for such costs at the time such collections are made.
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