7 CRR-NY 1902.1NY-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 1902. MEMORANDUM OF AGREEMENT
7 CRR-NY 1902.1
7 CRR-NY 1902.1
1902.1 Memorandum of agreement rules and regulations.
In order for an inmate applicant to accept any temporary release program, such inmate shall, prior to being released to such program, agree to be bound by the following rules and regulations, and such other special conditions as may be necessary in a given circumstance:
STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
RULES AND REGULATIONS GOVERNING TEMPORARY RELEASE PROGRAMS
Facility
__
 
Inmate name
__
 
DIN __
I understand that participation in a temporary release program is a privilege which may be terminated when the temporary release committee believes my participation to be inconsistent with the welfare and safety of the community and/or integrity of the program. I will abide by the conditions specified in this agreement and all other conditions and instructions given to me by any representative of the Department of Corrections and Community Supervision, and will be subject to disciplinary proceedings and/or program removal for failure to do so.
1. I will abide by the standards of inmate behavior (institutional rule book).
2. (a) I will proceed directly to the place to which I have been temporarily released and designated on my signed memorandum of agreement contract.
(b) If I am participating in the furlough or leave of absence program, I will call the area community supervision office and/or my assigned correctional facility as indicated in my memorandum of agreement contract on the first day of my leave or as indicated and arrange for my report to that office if so instructed.
3. (a) I will not travel outside my approved geographical areas as specified in my memorandum of agreement contract without the approval of my facility superintendent.
(b) I will not leave the State of New York. In the event that I leave the jurisdiction of the State of New York, I hereby waive my right to resist extradition to the State of New York from any state in the union and from any territory or country outside the United States.
4. (a) I will reply promptly/fully and truthfully to any inquiry of/or communication by any representative of the Department of Corrections and Community Supervision. I am fully aware that providing false information shall be considered a violation of the conditions of my temporary release program.
(b) I will promptly and fully comply with directions given to me. I am aware that failure to follow directions from any representative of the Department of Corrections and Community Supervision shall be considered a violation of the conditions of my temporary release program.
5. (a) I fully understand that my parole officer will visit me or contact me at my residence, place of employment and/or educational/training/vocational facility and/or my program of rehabilitation.
(b) I fully understand that my person, residence and property are subject to search and inspection.
(c) I shall not change my residence, employment or temporary release program without the approval of my offender rehabilitation coordinator. I will discuss any proposed changes with my parole officer and offender rehabilitation coordinator.
(d) I understand that I remain in the custody of the Department of Corrections and Community Supervision.
(e) I will abide by a curfew as stipulated on my memorandum of agreement contract.
6. (a) I will not use, possess, or purchase any alcoholic beverages or intoxicants.
(b) I will not frequent any establishment where alcohol is served as its main business.
7. I will not use, possess or purchase any drug paraphernalia or use, possess or purchase any controlled substances or intoxicants without prior medical authorization and the written permission from DOCCS. I will not consume any poppy seeds or items containing poppy seeds since it has been determined that the consumption of poppy seeds may cause a positive result for opiates in urinalysis.
8. I will not own, possess or purchase any shotgun, rifle or firearm of any type. I will not own, possess or purchase any deadly weapon as defined in the Penal Law or any dangerous knife, dirk, razor, stiletto or imitation pistol. In addition, I will not own, possess or purchase any instrument readily capable of causing physical injury.
9. (a) I will not behave in such a manner as to violate the provision of any law, nor will my behavior threaten the safety or well-being of myself or others.
(b) I will not be in the company of or fraternize with any person I know to have a criminal record or whom I know to have been an adjudicated YO except for accidental encounters in public places, work, school or in any other instance without the permission of my parole officer, offender rehabilitation coordinator and/or superintendent.
(c) I understand that I have a responsibility to immediately advise my parole officer and assigned correctional facility any time I am in contact with or arrested by any law enforcement agency.
10. I will conform to NYS Department of Corrections and Community Supervision directives before applying for a license to marry.
11. I will not return to the facility with any form of contraband.
12. I will not apply for or renew any driver's license, nor will I own, operate or possess any motor vehicle without the approval of the superintendent.
13. I will return to the facility on or before the date and time specified in my memorandum of agreement contract or be subject to disciplinary proceedings in accordance with Department Rule #108.15 (section 270.2 of this Title) (Absconding from Temporary Release Programs) and possibly felony prosecution.
14. I will submit to drug, intoxicants and alcohol testing.
15. I will surrender my I.D. card and memorandum of agreement contract to the processing officer upon my return to the facility.
16. I will not engage in any legal or business contract including but not limited to personal or business loans, licenses, credit cards, installment purchases or bank accounts. I will not become involved with personal or business loans, cell phones, licenses, credit card or installment purchases, or other contracts without the written approval of my parole officer, offender rehabilitation coordinator and superintendent.
17. (a) I will not terminate my temporary release program participation without the prior approval of my parole officer, offender rehabilitation coordinator and/or superintendent.
(b) If I am terminated from my employment or any other program, I will report this to my parole officer and offender rehabilitation coordinator immediately and will then follow directions from staff.
(c) I will adhere to my work schedule. I will report immediately to my parole officer and offender rehabilitation coordinator any deviation from the schedule.
(d) I will contribute to the support of my dependents, if any, and assume toward them my legal and moral obligations.
(e) I will surrender the full amount of my employment earnings, Federal/State tax refunds or educational/training stipends upon my return to the facility for deposit into my inmate account.
(f) I will pay a mandatory participation charge of 20 percent of my net earnings.
18. If I apply for any public assistance benefits or any government subsidy, I will notify my facility offender rehabilitation coordinator within seven business days.
19. (a) I fully understand I am required to have a land line telephone prior to approval of my residence. This phone line must remain operational during my temporary release programs participation and any changes to the telephone number must be provided within 24 hours to my assigned parole officer and to my offender rehabilitation coordinator no later than the next business day.
(b) I fully understand the land line phone must not have third party calling or forwarding, no block restriction and may not be on an answering machine mode during curfew hours.
20. (a) I fully understand that I must provide the number of any cell phone that I use (contract or non contract) to my offender rehabilitation coordinator and my parole officer. I fully understand that any changes to my cell phone number must be provided within 24 hours to my assigned parole officer and to my offender rehabilitation coordinator, not later than the next business day.
(b) I understand that I cannot enter a contract to possess a cell phone for a long or short term period and/or obtain a non-contract cell phone without the prior written approval from the superintendent and temporary release committee.
21. Special Conditions:
 
 
I have read and understand the above rules and regulations or have had them read to me.
I understand them and I agree to fully abide by them.
I was informed and I understand that I have the right to request the verbal and/or written translation of this contract in my dominant/native language.
Inmate Signature
__________
 
Date _________
Witness
____________
 
Date _________
7 CRR-NY 1902.1
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.