7 CRR-NY 1900.6NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 7. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
CHAPTER XII. TEMPORARY RELEASE, RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER, AND COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT CENTER
SUBCHAPTER A. TEMPORARY RELEASE PROGRAMS
PART 1900. TEMPORARY RELEASE PROGRAM RULES AND REGULATIONS
7 CRR-NY 1900.6
7 CRR-NY 1900.6
1900.6 Appeal process.
(a) An inmate may appeal the following kinds of negative decisions:
(1) point scores;
(2) decision of the superintendent;
(3) decision of TRC (including presumptive CASAT); and
(4) decision of central office reviewer.
(b) Inmates with a low-point score can only appeal the scoring of their applications to central office.
Inmates with a low-point score and who have received an open date may appeal the scoring of their application to central office. Inmates with a low-point score and an open date who have been referred to the TRC can appeal on grounds paragraphs (1) and (3) of this subdivision, provided each ground is relevant to the case. An inmate may appeal a denial by the superintendent under paragraph (a)(2) of this section, by submitting form 4145 and any pertinent information to the director of central office temporary release programs. An inmate has 10 working days from the date of the notice of denial to submit his or her intent to appeal a decision of the superintendent. A perfected appeal must be received within 30 days of the date of notice of denial by the superintendent.
(c) Paragraph (a)(3) of this section will be used by inmates who have been approved by the TRC and then turned down by the office of temporary release programs on central office review. Inmates may petition to have their applications reconsidered by the director if they think the disapproval was unfair or unreasonable. However, a disapproval by the commissioner of the department, or his designee, cannot be appealed.
(d) Inmates may appeal decisions of the TRC by submitting form 4145 and any pertinent information to the director of central office temporary release programs. An inmate has 10 working days from the date of the notice of denial to submit his intent to appeal a decision of the TRC. A perfected appeal must be received within 30 days of the disapproval decision. If at the end of the 10-day period, no intent to appeal has been indicated, the central office reviewer shall assume no appeal will be taken. Appeals for LOA, furloughs, and CASAT should be accompanied with a copy of the TRC and superintendent's denial decision, and any other pertinent information. The central office reviewer will notify the inmate and the TRC of its findings on the notice of results of appeal form.
(e) Appeals of a designation as a central monitoring case (CMC) must be made in accordance with existing departmental policy. The CMC designation appeals are not handled by central office temporary release staff.
(f) A subsequent application for the same requested program will not be considered until the appeal process on the prior application is complete. An inmate may withdraw a pending appeal, in writing, at any time.
7 CRR-NY 1900.6
Current through April 15, 2023
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.