7 CRR-NY 1901.2NY-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 1901.2
7 CRR-NY 1901.2
1901.2 Procedures for the operation of short-term temporary release.
This following section describes the procedures necessary for the successful operation of the short-term temporary release programs.
(a) Before release.
(1) Notification to inmates. Inmates shall be notified of the final decision as soon as it is known so that the inmate may make any further arrangements necessary to successfully complete a temporary release program.
(2) Parole field investigations. Field investigations shall be requested for those cases where the temporary release committee feels there is insufficient information regarding the requested residence or whenever there is some question relative to that residence, the individuals with whom the inmate may be staying, or any aspect of the case and its community impact. This will be done as soon as the inmate is finally approved for furloughs or leaves of absence. If the field investigation is negative, the inmate should be notified of the results honestly and diplomatically in consultation with counseling and parole staff where necessary.
(3) In those cases where there is no specific question raised by the temporary release committee relative to residence or community feelings, and the temporary release committee approves the case for furlough, a residence questionnaire, form 4118-A, will be sent to the requested residence if the residence is an occupied premises. That affidavit must be notarized and returned to the facility before the inmate is released. In any other case involving an otherwise legal and verifiable approved residence but the temporary release committee feels there is insufficient information regarding the residence, the procedure established in paragraph (2) of this subdivision shall be followed.
(4) Central monitoring case designations. Any nonstatutory case which has been designated a central monitoring case by the inspector general's office is a central office review case. All other nonstatutory cases must be screened by the inspector general's office prior to release to determine whether or not a central monitoring case designation is appropriate. A list of temporary release committee approved nonstatutory cases should be forwarded to the inspector general's office in Albany within three working days after each temporary release committee meets, on form 1171. Any cases which are returned designated central monitoring cases must be submitted to central office for review and will require final approval of the deputy commissioner for security. Those cases that are not designated central monitoring cases may be processed for release.
(5) Notification to local law enforcement offices. (i) At least five working days before releasing an inmate on a temporary release program, the superintendent shall notify, in writing, the sheriff or chief of police of the community into which the inmate is to be released.
(ii) Henceforth, form 4186 (TRP-8) shall be mailed to the appropriate law enforcement official at least five working days prior to the release of any inmate on any type of temporary release except in cases of emergency leaves of absence where telephone contact shall be made and the form 4186 (TRP-8) shall be mailed as soon as practical. In the cases of furloughs, community services leaves and leaves of absence where the inmate is not under supervision by a parole officer or is leaving the supervision area of his assigned parole officer, a form 4186 (TRP-8) shall then be forwarded to the appropriate parole area office to alert them of the impending release of an inmate subject to supervision.
(iii) A copy of the form 4186 (TRP-8) shall be filed in the inmate's institutional file.
(iv) A copy of the form 4186 (TRP-8) will also be sent to the area parole office administering the area in which the inmate is being released. This is to alert that office to expect the inmate to make phone contact. The notification shall include:
(a) The name and relationship of the person with whom the inmate plans to reside while on temporary release.
(b) The full address, including apartment number.
(c) The telephone number at that address, if available.
(d) In the case of medical leaves of absence, the name, address and telephone number of the inmate's hospital and physician.
(6) Short-term temporary release financial procedures. (i) Only in exceptional circumstances will an inmate be allowed to take with him or have access to more than $100 above his transportation costs.
(ii) Any short-term temporary release program may be postponed until the inmate can finance transportation. Inmates leaving the facility on a short-term temporary release program will assume all expenses in connection with the trip. If sufficient funds are not available in the inmate's account, an advance to cover transportation and minimal personal expenses may be granted but only in exceptional cases. Travel request form AC28H should be used by facility personnel where possible to purchase tickets for the inmate. Those costs must be reimbursed by the inmate.
(iii) The temporary release committee chairperson will tell the inmate the department's policy concerning reimbursement according to section 1900.4 of this Title. The inmate's repayment schedule should include reimbursement for transportation, lodging and personal expenses if required.
(7) Processing procedures. All inmates will leave and return to the facility through the processing room. General confinement facilities may modify these procedures to meet their unique needs. Each temporary release committee chairperson shall assure that their processing procedures are filed with the director of temporary release programs.
(i) Each temporary release approved inmate shall be photographed for a temporary release identification card. The identification card must be in the possession of the inmate when he leaves the facility, at all times during his release, and must be surrendered and destroyed upon his return to the facility.
(ii) The processing officer will arrange for the inmate's clothing, making sure to record what clothing is being worn from the facility. The inmate will not be allowed to return with any article other than what was taken out with him.
(iii) The temporary release committee chairperson will assure that the memorandum of agreement, rules and regulations (see Part 1902 of this Title), and other required forms are explained to the inmate and properly signed prior to the inmate going to the processing-out area. In the event an inmate cannot speak English, a notation will be made on the memo of agreement that it was explained to the inmate in a language which he/she understands and the notation will be signed by the temporary release committee chairperson. The temporary release committee chairperson will assure that the processing officer will double-check all papers and be sure that there is proper authorization to leave the facility and that no restriction order exists. The memorandum of agreement will be in the inmate's possession when he leaves the institution and surrendered upon his return.
(iv) The processing officer will then see that the inmate receives his approved funds and arranges for his departure from the facility.
(b) Release and return.
(1) Release of the inmate. Inmates approved for participation in temporary release programs in accordance with these regulations may be permitted to go outside the premises of the institution within the limits of the extended bounds of confinement described in the memorandum of agreement which must be signed by the inmates. The canary copy shall be sent to central office. Section 856(1) of the Correction Law requires every inmate leaving the premises of an institution to participate in a temporary release program to have on his or her person an identification card and to exhibit such card to any peace officer upon request. The temporary release committee chairperson shall arrange for all inmates to be issued an identification card as they are processed out of the facility. The memorandum of agreement will be in the inmate's possession when he leaves the institution and surrendered upon his return.
(2) Supervision of furlough, leave of absence and short-term community services leave.
(i) Section 852(5) of the Correction Law requires that all inmates participating in temporary release programs be supervised by parole officers.
(ii) Inmates who are already under the supervision of a parole officer in a work release, educational release, long-term community services leave, or other continuous temporary release programs are deemed to be also under the continuous supervision of this same parole officer for furlough supervision purposes and are not subject to the furlough supervision guidelines described in this paragraph. Instead, these inmates are the subject to a special supervision category described in Part 1903 of this Title.
(iii) Inmates who are not in any type of continuous temporary release program and are not already under the supervision of a parole officer shall be subject to the furlough supervision guidelines described in this paragraph.
(iv) Each inmate shall be explicitly instructed by the temporary release committee chairperson or his designee of his or her reporting obligations prior to leaving the facility.
(v) Failure to comply with these requirements shall subject an inmate to disciplinary penalties and shall be seriously considered upon any subsequent temporary release application.
(vi) The facility is to include on the inmate's release papers the address and telephone number of the area parole office which the inmate is to contact.
(vii) The inmate is to be informed that he or she is to call the reception desk at that area office the first weekday he is at home and shall follow any directions given him by the area parole office personnel.
(viii) No inmate may be released unless provision is made as stated in this paragraph, or in a commensurate manner for the inmate to contact an area parole office.
(ix) The staff person at the reception desk in the area office will verify the inmate's arrival and residence.
(x) Special arrangements or waiver of the requirements of this paragraph may have to be made by the area office, if the inmate is living in a rural area or is in the area for a very short period of time and is unable to get to either the area office or the nearest reporting station.
(xi) In New York City, all reports and telephone calls are to be made to the Division of Parole, 314 West 40th Street, and not to the Bronx substation.
(xii) Within one week of the termination of the temporary release, the area office will submit a report to the facility detailing its contacts with the inmate.
(xiii) In the event that an inmate on whom the area office has received a form 4186 (TRP-8) fails to contact the area office, or fails to keep his or her appointment for reporting to the area office, the area office shall notify the facility of such failure as soon as practicable; when necessary, delinquency action will be taken.
(xiv) In the event the parole officer becomes aware of an inmate's arrest or behavior which has caused concern in the community, the parole office will advise the facility of the inmate's delinquency through a memorandum outlining the facts of the case, with a copy sent to the director of temporary release programs as soon as possible.
(xv) Any further reports will be requested through the institutional parole office, which will issue a form IS-2 to the parole field office.
(3) Evaluation on return. After the inmate's release and subsequent return to the facility, his participation in temporary release shall be evaluated. Late returns or returns under the influence of drugs and alcohol and other program violations shall be noted on the inmate's temporary release record and referred for disciplinary action where appropriate. In the event of a failure, form 4132 will be used, with copies appropriately distributed.
(i) Lateness. The rules governing late returns to the facility are as follows:
(a) An inmate is late if he or she has not returned to the facility by the time he or she was due.
(b) Inmates who are late:
(1) lose 2 points pursuant to section 1900.4(e)(2)(v) of this Title; and
(2) shall be subject to disciplinary action and penalties, including loss of privileges, keeplock and special housing, and the temporary release committee may take time from the next furlough at the rate of three hours for every hour or part of an hour they are late.
(c) Inmates who are late with an excuse shall be subject to disciplinary action and penalties, including loss of privileges, keeplock and special housing, and the temporary release committee may take time from the next furlough at the rate of three hours for every hour or part of an hour they are late.
(d) If an inmate does not return to the facility by the time he is due because of delays in public transportation beyond his control, he should not be considered late if the temporary release committee chairperson can verify the delay through the bus company, train station or other transportation provider.
(e) If an inmate is late for a reason other than proven delays in public transportation, he will be considered late. If he is able to show that his reason for being late is a good one, he shall be considered late with an excuse. Any inmate who wishes to be considered late with an excuse must be able to provide proof of the reason for his lateness. A note of receipt for services from the filling station, tow truck or State Police would be acceptable proof for documenting a breakdown. A note from a doctor would be sufficient to show that return to the facility was delayed by tending to a sick child. The temporary release committee chairperson should decide what kind of documentation is required in each case.
(ii) Drug use and alcohol abuse.
(a) If an inmate returns to the facility with evidence of drug use or alcohol use/abuse (see clause [e] of this subparagraph for alcohol clarification), he will lose 2 points on the point system and be subject to losing more points for disciplinary action. If he returns to the facility both late and under the influence of drugs or alcohol, he will lose 4 points, with the possibility of losing more points for any disciplinary action.
(b) During the review of a temporary release application, careful attention must be given to the possibility that the inmate/applicant has had alcohol-related problems in the past. If the case file reveals that the inmate has ever experienced problems related to the use of alcohol, then the memorandum of agreement that the inmate signs before leaving on any form of temporary release must be amended to indicate that he or she must completely abstain from the use of alcohol while on temporary release.
(c) For those who have been directed to completely abstain, failure to abide by this rule will mean that disciplinary action will be taken against the inmate and violation of this rule could mean revocation of temporary release privileges.
(d) For inmates whose case files do not indicate any alcohol-related problems, their memorandum of agreement must contain a prohibition against the abuse of alcohol while on temporary release.
(e) Abuse is defined as the concentration of alcohol in the system of more than 0.10 as determined through the use of a breathalyzer, urinalysis or blood sample analysis.
(f) For those who have been directed to refrain from the abuse of alcohol, failure to abide by this rule will mean that disciplinary action will be taken against the inmate and violation of this rule could mean revocation of temporary release privileges.
(g) Any facility employee who observes that an inmate, who has recently returned from temporary release, appears to be under the influence of alcohol, or has the odor of liquor on his breath or clothes or is staggering or slurring his speech, must notify the temporary release committee chairperson or watch commander so that appropriate testing can be accomplished which will verify the presence and indicate the level of alcohol in the inmate's system.
(iii) Other program rule violations.
(a) Any other program rule violations known to have existed or occurred during the course of the furlough or leave of absence and the inmate's return to the facility must be reported on an inmate misbehavior report to the superintendent.
(b) The inmate misbehavior report must be written by the institutional employee who becomes aware of the violation. If a violation is noted during processing in procedures, but not reported on a misbehavior report, the temporary release committee chairperson will write the report and submit it for disciplinary hearing review. The same will be true of any violation of the rules realized by the temporary release committee chairperson subsequent to completion of the furlough.
(c) All violations of temporary release rules and regulations will be reported to the superintendent through the existing disciplinary procedures as with all other disciplinary cases. Any documentation relevant to the misbehavior should be reviewed by the disciplinary process to assist in a determination.
(d) The hearing officer should adjudicate the case according to Chapter V of this Title. The temporary release committee, however, has sole discretion to make temporary release decisions.
(iv) Absconding.
(a) Failure to return on time.
(1) Should an inmate be unable to return to the correctional facility where he is confined by the time that he is scheduled to return, the inmate must do one of the following:
(i) contact the facility temporary release committee chairperson (at night or on weekends, the watch commander) in advance of the time that he is due to return, and try to arrange for an extension of his return time; or
(ii) contact the facility temporary release committee chairperson (at night or on weekends, the watch commander) to let the facility know that he is returning late for reasons beyond his control, and state the reason why.
(2) The temporary release committee chairperson, or someone designated by the superintendent, must make the decision whether the inmate should be granted an extension of time on temporary release or is to be considered late. He should also make arrangements for the late return of inmates who telephone the facility after the time that they are due back.
(3) An inmate is to be considered a temporary release absconder if he fails to return to the correctional facility where he is confined by the time that he is scheduled to return as specified in the memo of agreement which he signed. If an inmate has not returned to the correctional institution within five hours after the time that he was due to return, or fails to follow the procedures set forth in this subparagraph, the facility will assume the inmate does not intend to return, a warrant for detention and return of temporary release inmate, form 4116 (TRP-6), is to be issued, and the inmate is to be dropped from the official facility count.
(4) Unusual incident report will be made in accordance with existing departmental policy.
(5) Section 856(2) of the Correction Law states that "The failure of an inmate to voluntarily return to the institution of his confinement more than 10 hours after his prescribed time of return shall create a rebuttable presumption that the failure to return was intentional. Any inmate pursuant to this subdivision shall be an absconder in violation of his temporary release program and will not be an eligible inmate as defined in this Chapter."
(6) Therefore, in the event that any participant returns to a correctional facility more than 10 hours late, the facility shall conduct a superintendent's hearing, during which the inmate will be given the opportunity to rebut the presumption that his failure to return on time was intentional. However, in the absence of such a rebuttal, the inmate is to be found guilty of the disciplinary charge, and removed from all temporary release programs. Further, the inmate is to be considered ineligible to take part in any kind of temporary release program at any time in the future.
(7) The temporary release committee chairperson shall see to it that a copy of such superintendent's hearing shall be made part of the inmate's case file at the facility and at central office as well as the institution's Division of Parole folder so that this information will be available to the Board of Parole at the inmate's next scheduled appearance before the board.
(b) When a program participant absconds—procedures to be followed. The following procedures shall be followed when any temporary release participant absconds from his temporary release program:
(1) A warrant for detention and return of temporarily released inmate, form 4116 (TRP-6), signed by the facility superintendent, acting superintendent, or an employee of the Inspector General's office, shall be issued for the absconder's arrest. Each warrant issued shall be numbered consecutively, and the number shall be prefixed by the abbreviated letters which correspond to the facility name. Line two of the warrant shall contain the inmate's full name and line three shall contain his New York State IIS identification number.
(2) The employee who caused the superintendent or acting superintendent to authorize the issuing of a warrant shall immediately notify the Department of Correctional Services command control center in central office that the inmate has absconded and that a warrant has been issued in accordance with departmental policy. This same employee shall also notify the facility's head correctional clerk and temporary release committee chairperson about the absconder.
(3) The employee who causes the warrant to be issued shall notify the local New York State Police and local police station houses about the absconded inmate according to the facility's local procedure.
(4) The chairperson of the facility's temporary release committee shall, at his earliest opportunity, telephone the office of the director of temporary release programs in central office and alert the director of temporary release programs that the inmate has absconded. It will then be the responsibility of the director of temporary release programs to immediately contact the Department of Correctional Services' inspector general's office to alert them to the absconder. It will then be the responsibility of the department's inspector general's office, in coordination with the various New York State Police violent felony warrant squads, to search for and apprehend the temporary release absconder.
(5) The chairperson of the facility's temporary release committee will then have the responsibility, within one working day of the inmate's absconding, to prepare and place in the mail five copies of an absconder packet which shall contain each of the following items:
(i) a certified copy of the warrant for the absconder's arrest. The notary certification should be on the back of the warrant itself, and should not be on a separate sheet of paper attached to the warrant;
(ii) a completed copy of the temporary release program absconder notification form 4190;
(iii) a set of the most recent photographs of the absconder;
(iv) a set of very clear copies of the absconder's fingerprints;
(v) a copy of the absconder's receiving blotter sheet. This must also comply with confidentiality requirements (see subparagraph [vi] of this paragraph);
(vi) a copy of the absconder's superintendent's card showing disciplinary violations. All references on that card to drug or alcohol use must be eliminated to comply with confidentiality requirements;
(vii) a copy of the absconder's correspondence sheet, a copy of the record of the absconder's visitors received with their names and addresses and a copy of the record of the absconder's telephone calls from the facility; and
(viii) a photostatic copy of the memo of agreement form which the absconder signed prior to leaving the facility.
(6) The chairperson of the temporary release committee shall afterwards forward one of each of these five absconder packets along with a letter requesting assistance in apprehending the absconder to:
(i) Absconder Search Unit
Inspector General's Office
New York State Department of Correctional Services
10-06 35th Avenue
Long Island City, NY 11106
(ii) The New York State Police barracks which covers the geographical area where the absconder went on his program of temporary release. In New York City this address is:
New York State Police
Violent Felony Warrant Squad
Inwood Station
Bronx, NY 10034
(iii) The Division of Parole area office which covers the geographical area where the absconder had been on temporary release. This absconder packet to the Division of Parole is for informational purposes only in the event that the staff of the area parole office unexpectedly learns of the absconder's whereabouts during the course of their investigations of parolees, and is not to be interpreted as an indication that the Division of Parole has any responsibility whatsoever to seek out the absconder. In New York City these packets should be mailed to:
Senior Warrant Officer
Warrant Unit
New York State Division of Parole
314 West 40th Street
New York, NY 10018
(iv) Two copies to:
Director of Temporary Release Programs
Room 308
New York State Department of Correctional Services
State Office Building Campus, Bldg. 2
Albany, NY 12226
(7) The director of temporary release programs, upon receipt of the absconder packet from the facility's temporary release committee chairperson, will have the responsibility to immediately post a form DCJS-20, wanted person form, with the New York State Division of Criminal Justice Services alerting both the Division of Criminal Justice Services (DCJS) and National Crime Information Center (NCIC) systems that the inmate is wanted for the crime of absconding from temporary release. Under no circumstances are correctional facilities to forward form DCJS-20 directly to the Division of Criminal Justice Services.
(c) Absconder's arrest. Procedures to be followed. The following procedures shall be followed when any temporary release absconder has a form 4116, warrant for detention and return of temporarily released inmate, lodged against him:
(1) The inspector general agent, parole officer, or other State employee who lodges the warrant against the absconder shall immediately telephone the director of temporary release programs to alert him where and when the warrant was lodged.
(2) That same employee shall afterwards telephone the correctional facility from which the inmate absconded from temporary release and request that both the facility's head correctional clerk and temporary release committee chairperson be alerted where and when the warrant was lodged.
(3) The director of temporary release programs, upon being advised that a warrant has been lodged, will alert the Department of Correctional Services command control center in central office about the warrant being lodged against the absconder and shall afterwards file a form DCJS-20, cancel notice, with the New York State Division of Criminal Justice Services alerting both the Division of Criminal Justice Services and National Crime Information Center systems that the inmate is no longer wanted.
(4) The chairperson of the temporary release committee at the facility from which the inmate absconded, upon being alerted that the inmate has had a warrant lodged against him, shall afterwards telephone the director of temporary release programs, to make absolutely certain that a warrant has, in fact, been lodged.
(5) Once the temporary release committee chairperson verifies with the director of temporary release programs that a warrant has actually been lodged against the absconder, the temporary release committee chairperson shall prepare five short memos stating that the absconder is back in custody, giving the date and location where the warrant was lodged, and requesting that the agency in question discontinue its efforts to search for the absconder. Most importantly, this memo should request that the agency in question immediately return the form 4116, warrant for detention and return of temporarily released inmate, to the temporary release committee chairperson. Copies of this memo should then be forwarded to:
(i) Absconder Search Unit
Inspector General's Office
New York State Department of Correctional Services
10-06 35th Avenue
Long Island City, NY 11106
(ii) The New York State Police barracks which was first notified when the inmate absconded from temporary release. In New York City this address is:
New York State Police
Violent Felony Warrant Squad
Box 61
Inwood Station
Bronx, NY 10034
(iii) The Division of Parole area office which was first notified when the inmate absconded from temporary release. In New York City this address is:
Senior Warrant Officer
Warrant Unit
New York State Division of Parole
314 West 40th Street
New York, NY 10018
(iv) Two copies to:
Director of Temporary Release Programs
Room 308
New York State Department of Correctional Services
State Office Building Campus, Bldg. 2
Albany, NY 12226
(v) Any local police jurisdiction notified of an absconder shall be notified when that absconder is back in custody.
(6) The temporary release committee chairperson shall follow-up to make certain that all temporary release absconder warrants which were mailed out when the inmate absconded are returned to the facility file (except, of course, the warrant which is filed against the inmate as a detainer). It is important that the temporary release committee chairperson assure that all other warrants are actually returned to the facility, as these nonreturned warrants could possibly result in the inmate being mistakenly and illegally arrested when he is released from custody in the future. Besides creating unnecessary work for the arresting law enforcement agency and inconvenience and hardship for the inmate, an illegal arrest under such circumstances could result in an inmate bringing a legal suit for damages against the Department of Correctional Services in the courts.
(7) In those cases where an inmate has been confined in other custody within New York State awaiting trial for new criminal charges or to serve a new local sentence, the temporary release committee chairperson shall maintain regular contact with the inmate's new place of custody to follow the progress of the pending criminal charges and to make certain that the department's form 4116, warrant, continues to be on file as further detainer. When the inmate is due to be released from local custody, the temporary release committee chairperson, in coordination with the director of temporary release programs, shall arrange for the inmate's return to Department of Correctional Services custody.
(8) In those cases where an inmate has been confined in other custody outside of the State of New York, the director of temporary release programs shall contact the appropriate officials in the other state to follow-up on the progress of any new criminal charges and to make certain the department's form 4116, warrant, continues to be on file as further detainer. The director of temporary release programs shall also be responsible to determine whether or not the inmate is willing to waive extradition from the other state and shall initiate extradition proceedings in the event that the inmate indicates a refusal to waive extradition back to New York. Once the inmate is scheduled to be released from out-of-state custody, the director of temporary release programs, in coordination with the department's absconder/escape extradition and return unit, shall arrange for the absconder's return to Department of Correctional Services custody.
(d) Receiving a returned absconder—procedures to be followed. The following procedures shall be followed when any temporary release absconder is returned to a Department of Correctional Services facility.
(1) The head correctional clerk at the receiving facility shall notify both the head correctional clerk at the facility from which the inmate absconded and the director of temporary release programs that the absconded inmate has been returned to his facility.
(2) The head correctional clerk at the receiving facility shall then contact the director of classification and movement for a transfer order to have the inmate returned to the facility from which he absconded, provided, the original facility is a maximum security facility. However, if it is not a maximum security facility, the head correctional clerk at the facility where the absconder is received shall secure from the director of classification and movement a T.O. to an appropriate maximum security facility as close to the facility from which the inmate absconded as possible so that the original facility may more easily conduct a superintendent's hearing on the absconded inmate.
(3) The head correctional clerk at the facility where the absconder is received shall prepare form 2054, notice of returned violator, and forward copies of this form to central office. He shall also make certain that the facility's temporary release committee chairperson at the original facility is aware of the absconded inmate's return.
(4) An employee having knowledge of the absconding offense should complete a misbehavior report and prepare charges for a superintendent's hearing.
(5) In all cases, the temporary release committee chairperson at the facility from which the inmate absconded shall follow-up to make certain that a superintendent's hearing is completed on the absconding charge.
(6) Absconding from temporary release is a felony crime. Therefore, once the temporary release committee chairperson at the facility from which the inmate absconded becomes aware that a superintendent's hearing has affirmed an absconding charge, the temporary release committee chairperson should, as soon as possible, forward a written statement to the prosecuting attorney or district attorney in the county where the facility is located, alerting the district attorney about the inmate's abscondence, return, and present status, and request that the district attorney bring new criminal charges of violation of Penal Law 205.17, absconding from temporary release, 1st degree against the inmate. A copy of this letter to the district attorney is to be forwarded to the director of temporary release programs so that it may be included in the inmate's central office case file.
(v) New arrest procedures of short-term temporary release participants.
(a) If an inmate is arrested while participating in a short-term temporary release program, the Department of Correctional Services employee who first becomes aware of the arrest shall immediately report this information to the facility's temporary release committee chairperson, head correctional clerk and superintendent.
(b) The temporary release committee chairperson, or in his absence whoever is designated by the superintendent, shall have the responsibility of contacting the arresting agency in order to secure the details of the new arrest (date, place, charge, arresting officer, precinct of arrest in New York City, arrest number in New York City, and court disposition to date). This will be followed up by a short memo to the case folder, Division of Parole folder and director of temporary release programs.
(c) If the temporary release committee chairperson learns that criminal charges are pending as a result of an inmate's new arrest while on temporary release, a form 4116, warrant of detention and return of temporarily released inmate, shall immediately be issued and shall be lodged against the inmate at his place of confinement.
(d) If the new arrest charge was dismissed when the inmate appeared in court on the charge, the facility superintendent or acting superintendent shall make a decision whether or not a form 4116, warrant, shall be issued.
(e) Whether or not a form 4116, warrant, is issued, the superintendent or acting superintendent, shall see to it that the department's command control center is advised of the arrest, and given the details of the arrest if they are available.
(f) The temporary release committee chairperson at his earliest opportunity shall telephone the director of temporary release programs and provide him with the details of the new arrest. He shall also make certain that the facility's head correctional clerk has been advised of the arrest.
(g) In the event that a temporary release participant is held in other custody following his new arrest and is unable to return to the facility, the head correctional clerk is to drop him from the official facility count as an absconder. This action is to be taken in spite of the fact that the inmate's whereabouts is very well known to all concerned, and in spite of the fact that he is not to be considered a temporary release absconder for legal or other administrative purposes, and is not to have criminal or departmental charges filed against him for absconding from temporary release. However, the facility remains free, and is encouraged, to bring departmental charges against the inmate for other reasons connected with the new arrest (i.e., new convictions, abuse of alcohol, use of illegal drugs, out-of-bounds of confinement, etc.).
(h) In those cases where a temporary release participant is arrested in New York State and is held in other custody to either await trial or to serve a new local sentence, the temporary release committee chairperson shall monitor all stages of the court process in regards to the inmate's pending criminal charges until there has been a court disposition. The temporary release committee chairperson shall then maintain regular contact with the inmate's new place of custody to make certain that he is still confined there and that the department's form 4116, warrant, continues to be on file as further detainer. When the inmate is due to be released from local custody, the temporary release committee chairperson, in coordination with the director of temporary release programs, shall arrange for the inmate's return to Department of Correctional Services custody.
(i) In those cases where a temporary release participant is arrested out-of-state and is being held in out-of-state custody to either await trial or to serve a new sentence, the director of temporary release programs shall monitor all stages of the court process in regards to the inmate's pending criminal charges until there has been a court disposition. The director of temporary release programs shall then maintain regular contact with the inmate's new place of custody to make certain that he is still confined there and that the department's form 4116, warrant, continues to be on file as further detainer. The director of temporary release programs shall also determine whether or not the inmate is willing to waive extradition from the other state, and shall initiate extradition proceedings in the event that the inmate indicates a refusal to waive extradition back to New York.
(4) Reports to central office.
(i) A temporary release furlough/leave of absence result document will be completed and sent to the director of temporary release programs upon the completion of all actions regarding the immediately completed temporary release activity. Nonpoint scoring facilities will generate their own form or report. Contained in that locally developed report will be:
(a) the inmate's name, DIN, and facility;
(b) the type of temporary release participation;
(c) inclusive dates of the participation;
(d) whether or not the activity has been deemed successful; and
(e) if not, any disciplinary proceedings/dispositions.
(ii) The yellow copy of the memo of agreement will be sent to central office for each participation.
(iii) Temporary release program monthly reports (forms 4114, 4115, 4115.1 and 4115.2) are due in the office of the director of temporary release programs no later than the fifth working day of the succeeding month.
7 CRR-NY 1901.2
Current through April 15, 2023
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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.