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7 CRR-NY 1901.1NY-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 1901. SHORT-TERM TEMPORARY RELEASE PROGRAMS

7 CRR-NY 1901.1

1901.1 Criteria for participation in short-term temporary release.

The following section contains the criteria for participation in the three types of short-term temporary release programs, leave of absence, community services programs and furlough. Each program is individually handled. However, it is also necessary to refer to other sections in this Part to properly process each individual case.

(a) Leave of absence program.

Any inmate may apply for this program, regardless of time criteria, as long as all other eligibility requirements are satisfied. The point score must, however, be at least 30. A leave of absence lets the inmate leave an institution to visit his/her spouse, child, brother, sister, grandchild, parent (natural or legally adoptive), grandparent or ancestral aunt or uncle during his or her last illness if death appears to be imminent; to attend the funeral of such individual, or to undergo surgery or to receive medical or dental treatment not available in a correctional institution only if deemed absolutely necessary to the health and well-being of the inmate and where approval is granted by the commissioner or his designee. A temporary release committee form 4188 must be completed and signed by the facility health services director in the last instance.

(1) Deathbed/funeral visit. One deathbed visit may be granted for each terminally ill relative. If one escorted visit has been previously granted, no leave of absence can be considered.

(i) During normal working hours.

(a) Upon receipt of the inmate's application, the temporary release committee chairperson shall verify the facts of the case. A leave of absence can be granted to inmates who wish to visit their spouse, child, brother, sister, grandchild, parent (natural or legally adoptive), grandparent or ancestral aunt or uncle only. (For the purposes of this section the term spouse includes a person who is the same sex as the inmate, if the same-sex marriage was performed in New York State or if a same sex marriage or civil union was performed in any other jurisdiction that authorizes such marriage or union. Counsel's office may be consulted to determine whether the outside jurisdiction does authorize same-sex marriages or civil unions.) For a deathbed visit, it is necessary that the temporary release committee chairperson contact the patient's doctor or a hospital administrator directly in order to verify the patient's medical condition and to ascertain if death is imminent. The chairperson must also verify the name, address and telephone number of the hospital and attending physician along with any other facts necessary to consider this case.

(b) For a funeral visit, it is necessary that the temporary release committee chairperson contact the funeral home director to verify the death and to ascertain the dates, times and addresses of the wake, funeral and interment.

(c) The temporary release committee then meets to render a decision. If approved by the temporary release committee, the superintendent's approval is then required. Central office review cases will need the required approval as outlined in section 1900.4(n) of this Title.

(d) The inmate will be granted only the length of time necessary to accomplish the purpose of the leave.

(e) Only with the commissioner's approval will out-of-state leaves of absence be allowed, and only for deathbed or funeral visits only for those relatives listed in subdivision (a) of this section.

(ii) Weekends or nights. If the temporary release committee chairperson or the temporary release interviewer are not available, the superintendent, acting superintendent, or officer of the day should be contacted directly. The superintendent of such facility alone will decide on those cases which do not require central office review, whether to let the inmate go out and whether the inmate will be escorted or unescorted. He may use whatever information he has available in making a decision, including the point system. However, central office review cases will need the required approval as outlined in section 1900.4(n) of this Title.

(2) Medical/dental. A leave of absence for this purpose will be granted only for surgery or to receive medical treatment not available in a correctional institution only if deemed absolutely necessary to the health and well-being of the inmate and where approval is granted by the commissioner or his designee.

(i) All inmates applying for a leave of absence for the purposes of obtaining dental or medical treatment must be willing to obtain such treatment within the county where the facility is located or in a city or town located within 30 miles of the facility.

(ii) Upon request of an inmate who is approved for dental or medical leave, a list of three dentists or doctors will be provided to him from which to choose in those cases where the inmate does not have his own dentist or doctor within the radius or area as stated in subparagraph (i) of this paragraph.

(iii) If the specific type of treatment required is not available in the nearby area, the facility medical officer shall report in writing that required treatment is not available nearby. The report must also specifically state the area in which treatment can be obtained by the inmate.

(iv) All medical or dental leaves of absence more than one day in duration, even when not a central office review case, must be approved by the director of temporary release programs.

(v) The following steps must be followed by temporary release committee chairpersons prior to an inmate being granted a leave of absence for the purposes of obtaining dental or medical treatment in the community:

(a) Obtain a temporary release committee form 4188 completed and signed by the facilty health services director.

(b) Obtain a detailed treatment plan that delineates the expected number of visits required to accomplish the objective and specific treatment to be provided during each visit.

(c) Arrange for examination by the facility dentist or physician following each visit to the outside practitioner to ensure the treatment has been performed. Leaves of absence on consecutive days should not be granted as a rule, unless it is possible for the facility to make the above-mentioned examinations after each visit.

(d) The inmate's bounds of confinement must state that he will proceed directly to the dentist's or physician's office upon release and return directly to the facility upon completion of the office visits.

(e) Ensure that leaves of absence granted for dental or medical treatment are never more than a reasonable number of hours within a single day, with the inmate leaving the facility and returning on the same day unless a leave of more than one day is determined necessary by the facility dentist or medical officer. In such cases where more than one day is deemed necessary, final approval must be obtained from the director of temporary release programs.

(b) Community services program (volunteer work).

(1) The temporary release statute permits eligible inmates to engage in volunteer work in the community for a period not exceeding 14 hours in any day. Such volunteer work should be confined to nonprofit organizations or public agencies (e.g., hospitals, service clubs, special community projects, etc.) that have established volunteer service programs with a definite job description outlining the duties and responsibilities of a volunteer.

(2) Inmates should not be used to solicit funds even though a given agency may use volunteers for this program. Under no circumstances is an inmate volunteer to replace a paid employee or otherwise fill a position that may be occupied by a paid worker.

(3) Volunteers may receive from their sponsors, where appropriate, a uniform, meals, and a modest allowance for out-of-pocket expenses with the knowledge and permission of the temporary release committee chairperson. As a rule, however, participants in a volunteer work program will receive an allowance from facility temporary release program appropriations. The allowances will be equivalent to the highest incentive allowance granted to an inmate, i.e., grade four, step four (currently $1.15 plus one dollar which will total $2.15).

(4) At an institution designated a work release facility, the work release parole officer will assume responsibility for supervision of the inmate volunteer worker in the community. At all other facilities, arrangements must be made for appropriate parole supervision in the community before any volunteer program is approved.

(5) If there are any questions about the legitimacy of a volunteer program proposal for any inmate, or if assistance is required to arrange for community supervision, the matter should be referred to the director of temporary release programs.

(6) Religious services participation under this title is permitted for eligible inmates only when the services are not available within the facility.

(7) Participation in athletic and cultural events is permitted provided those events are not available in the facility.

(8) No out-of-state community services program requests will be approved.

Furlough program means a program under which eligible inmates may be granted the privilege of leaving the premises of an institution for a period not exceeding seven days for the purpose of maintaining family ties, solving family problems, seeking post-release housing, seeking employment, attending a short-term educational or vocational training course, or for any matter necessary to the furtherance of any such purpose. No out-of-state furloughs will be approved.

(1) Types of furlough.

(i) One-day furlough. A one-day furlough allows the inmate to leave the institution for up to 14 hours in any 24-hour period for the purposes listed in paragraph (2) of this subdivision.

(ii) Extended furlough. An extended furlough is a furlough for more than one day, not exceeding seven days for the purposes listed in paragraph (2) of this subdivision.

(2) Furlough purpose. Furloughs may be granted for only the following purposes:

(i) Family-tie furlough. A family-tie furlough is for the purpose of maintaining family ties and/or solving family problems.

(a) An approved residence is required for a one-day or an extended family tie furlough. The residence must be one of the following:

(1) blood relative;

(2) verifiable guardian;

(3) spouse (see clause [a][1][(i][a] of this section for the scope of the term);

(4) common law spouse where the relationship had existed for more than one year before incarceration.

(b) For an inmate whose family resides out-of-state, the inmate may request facility temporary release committee and central office approval of a transient location (motel, hotel, private home, etc.) within the State of New York.

(c) Where inmates from different facilities request furloughs at the same time to the same residence based upon their familiar relationships, the superintendent of both facilities must consent to simultaneous furloughs. The temporary release committee chairperson is responsible to inquire of the inmate to be furloughed whether any family member or anyone else will be furloughed to that address simultaneously.

(ii) Job-search furlough. A job-search furlough is for the purpose of seeking employment to prepare for the inmate's release to the community.

(a) There is no residence requirement for a one-day job-search furlough.

(b) For an extended job-search furlough, an inmate may be allowed to furlough to an approved residence listed in clause (i)(a) of this paragraph or, if such approved residence is not available, may instead be allowed to furlough to a legal and verifiable residence provided, however, that such residence is not also a publicly funded premises utilized for members of the general public requiring temporary housing.

(iii) Post-release housing furlough. A post-release housing furlough is for the purpose of seeking housing to prepare for the inmate's return to the community.

(a) There is no residence requirement for a one-day furlough.

(b) For an extended post-release housing search furlough, the imate may be allowed to furlough to an approved residence listed in clause (i)(a) of this paragraph, or if such approved residence is not available, may instead be allowed to furlough to a legal and verifiable residence, provided, however, that such residence is not also a publicly funded premises utilized for members of the general public requiring temporary housing.

(iv) Short-term educational/vocational training course furlough. A short-term educational/vocational training course furlough includes both a rehabilitation therapy furlough for the purpose of attending a rehabilitation therapy program and educational/vocational furlough for the purpose of attending a short-term noncontinuous educational course/program.

(a) Rehabilitation therapy furlough. Such a furlough is for the purpose of permitting an inmate to attend an outside alcohol/substance abuse therapy program, Gambler's Anonymous or for any matter necessary to the furtherance of any such purposes.

(1) A rehabilitation therapy furlough is a one-day furlough only. There is no extended furlough.

(2) There is no residence requirement.

(b) Education furlough. Such a furlough could be for the purpose of taking an examination for entrance to an education institution, attending an education conference, short course or seminar.

(1) Educational furlough purpose and residence require central office approval.

(2) An educational furlough may be a one-day or an extended furlough final approval will be made by central office.

(3) Furlough timing guidelines.

(i) Application timing. See section 1900.4(c)(9) of this Title.

(ii) Holiday scheduling. Due to the increase in holiday applications, the director of temporary release programs shall promulgate a schedule which will require inmates to submit applications for furlough during holiday periods, specifically Christmas and Thanksgiving, at dates sufficiently in advance of each holiday to allow for completion of the process as described in the rules and regulations, and in sufficient time to notify the inmates of the decisions prior to such holiday. This procedure may require that some furlough applications be approved well before the effective date of furlough.

(iii) Furlough timing. All general confinement inmates must meet the following timing requirements:

(a) No inmate may take:

(1) more than 28 days in any furlough year;

(2) more than 14 days in the first six months of any furlough year;

(3) more than 7 days in any 28-day period; or

(4) a furlough longer than seven days.

(b) The furlough year begins on the date an inmate takes his first furlough and ends 365/366 days thereafter.

(c) Furlough timing does not apply to short educational/vocational training course furloughs or job-search furloughs with the exception of subclause (a)(4) of this subparagraph.

(d) Approval contingencies.

(1) All furlough approvals made by the temporary release committee for nonstatutory cases and by central office for special review and statutory cases shall be considered continuous, unless otherwise stated in the decision. After the initial furlough, subsequent furlough requests shall be scheduled by the superintendent or his designee and need only be approved as to the qualification of the inmate by the facility temporary release committee unless the case status changes as outlined in this subdivision. Under the situations described in this subdivision, recission is mandatory.

(2) Approval to participate in any type of temporary release program is a conditional approval until such time as participation has commenced. Approval is contingent upon the inmate's continuing good behavior from the time the conditional approval is granted until the time the inmate begins each period of temporary release. The inmate will be notified, in writing, of the above conditions at the same time he is notified of an approval.

(3) Conditional approval shall be rescinded by a change in the inmate's disciplinary record as indicated by imposition of a penalty at a disciplinary hearing or a superintendent's hearing, by a deterioration in the inmate's program participation or upon receipt of significant and adverse information not available when the inmate was originally approved for temporary release participation.

(4) In those cases where the conditional approval is rescinded the inmate's de novo application may be resubmitted immediately except as noted in section 1900.4(c)(5) of this Title.

(5) If the conditional approval is rescinded as noted above, the superintendent must, in writing, notify the inmate and the director of temporary release programs clearly stating the reason(s) for rescission.

(6) In the event that an inmate's eligibility for temporary release as defined in section 851 of the Correction Law, changes, subsequent applications for temporary release shall be processed de novo.

(7) An inmate pending transfer to a work release or educational release program/facility after central office approval shall be eligible for furlough from the transferring facility. The superintendent and temporary release committee of the transferring facility, with discretion, shall utilize this furlough approval to appropriately maintain the efficient and orderly operation of the transferring facility.

(8) Approval by the commissioner for work or educational release shall be deemed to be approval for assignment to a work or educational release facility and approval for furlough from such facility. The superintendent of such facility may, however, at his discretion elect to postpone furlough as he feels is most appropriate to achieve the efficient and orderly operation of such facility.

(9) If approved for furlough only, the inmate is not approved for any other temporary release programs. However, approval for continuous temporary release programs also implies approval for all other temporary release programs at the discretion of the temporary release committee and the facility superintendent.

7 CRR-NY 1901.1

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.