7 CRR-NY 1926.3NY-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 B. RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM
PART 1926. MEMORANDUM OF AGREEMENT AND DAY REPORTING RULES
7 CRR-NY 1926.3
7 CRR-NY 1926.3
1926.3 Day reporting rules.
In order for an inmate applicant to be accepted into a day reporting program, the 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 RESIDENTIAL TREATMENT FACILITY
DAY REPORTING CENTER PROGRAM
Facility
__
 
Inmate Name
__
 
DIN __
I understand that participation in a residential treatment facility day reporting center program and participation in a temporary release program is a privilege which may be terminated when the superintendent and temporary release committee believes my participation to be inconsistent with the welfare or safety of the community and/or integrity of the program. I will abide by the conditions specified previously and in this agreement and all other conditions and instructions given to me by any representatives 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 not travel outside my approved geographical area as specified in my memorandum of agreement contract without the written approval of my offender rehabilitation coordinator, parole officer, temporary release committee and 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/district in the Union and from any territory or country outside of the United States.
3. (a). I understand that I will be contacted on a daily and/or random basis by the day reporting center and will reply truthfully and promptly to any communication from a representative of the New York State Department of Corrections and Community Supervision, and I will fully comply with all instructions given to me.
(b) I will promptly and fully comply with directions.
4. (a). I will permit my parole officer or representative of the Department of Corrections and Community Supervision to visit or contact me at my approved residence, my place of employment, and/or my program of rehabilitation, and/or educational training/vocational facility.
(b) I will discuss any proposed changes in my residence, employment, and/or program of rehabilitation, and/or educational training/vocational facility with a representative of the Department of Corrections and Community Supervision or my parole officer, and I shall not change such program without prior approval by the Department of Corrections and Community Supervision.
(c) I understand that I remain in the custody of the Department of Corrections and Community Supervision and that my person, residence, or any other property under my control may be searched by my parole officer or representative of the Department of Corrections and Community Supervision.
(d) I will abide by a curfew as stipulated on my memorandum of agreement contract.
5. (a). I will not use, possess or purchase any alcoholic beverages.
(b) I will not frequent any establishment where alcohol is served as its main business.
6. I will not use, possess, or purchase controlled substances/intoxicants or use or possess drugs that have been unlawfully obtained. 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 the presence of opiates in urinalysis. Absent exigent circumstances, I will not take any medication without the prior approval of the day reporting facility.
7. I will submit to drug, intoxicant and alcohol testing.
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, my day reporting center, and my assigned offender rehabilitation coordinator any time I am in contact with or arrested by any law enforcement agency.
10. (a) I understand that while traveling I am to use only the method of transportation approved by a representative of the Department of Corrections and Community Supervision.
(b) 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 day reporting center and superintendent.
11. I will report to the day reporting center and any other designated reporting locations on the dates and times specified in the memorandum of agreement contract. If I intentionally fail to report, I understand that I may be found guilty of absconding, a Class E felony offense and be subject to departmental disciplinary proceedings.
12. 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.
13. (a) I will surrender my paystubs reflecting the full amount of my employment earnings to the day reporting parole officer on the day I report, so that the parole officer can document my earnings and deductions.
(b) I will contribute to the support of my dependents, if any, and assume toward them my legal and moral obligations.
(c) I will pay a mandatory participation fee as stipulated by the department.
14. I understand that, should I be unable to report to my employment, for health reasons or otherwise, it is my obligation on the day of the occurrence to personally notify my employer, Parole Officer and Offender Rehabilitation Coordinator of the reason for not working. The Temporary Release facility Watch Commander or highest ranking security officer on duty must be notified if the Temporary Release staff is not available.
15. If I apply for public assistance benefits, or any government subsidy, I will notify my facility Offender Rehabilitation Coordinator within seven business days.
16. (a) I fully understand that I must provide the number of any cell phone that I use (contract or noncontract) to my offender rehabilitation coordinator and 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 officer rehabilitation coordinator, no 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.
17. Special Conditions:
 
 
I have read 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 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 __
Superintendent signature
 
 
Date __
7 CRR-NY 1926.3
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.