9 CRR-NY 179-3.6NY-CRR
9 CRR-NY 179-3.6
9 CRR-NY 179-3.6
179-3.6 Criteria for selection of participants.
The selection of applicants for participation in the division's temporary release program involves a two-phase process. The first phase - eligibility - involves the application of basic threshold criteria to determine whether a resident is eligible to participate in the program. The second phase suitability - involves the application of general criteria to determine whether an eligible resident is suitable to participate in the program.
(a) Eligibility.
The applicant's file shall be reviewed to determine whether the resident is eligible to participate in a temporary release program. Eligibility criteria include:
(1) Parole or conditional release date.
(i) The resident is within 12 months of possible parole or conditional release.
(ii) An applicant for a leave of absence is exempted from this requirement.
(2) Escape offenses.
The resident has never been convicted of any escape offenses or of absconding from temporary release or furlough as defined in the Penal Law.
(3) Out-of-state escape offenses.
(i) The resident has no out-of-state convictions for offenses comparable to the escape and absconding offenses referred to in paragraph (2) of this subdivision.
(ii) Convictions for attempt to commit these offenses also render a resident ineligible.
(4) Outstanding warrants.
(i) The resident has no outstanding warrants from any jurisdiction, except Family Court warrants for alimony, child support or paternity; nor any concurrent or consecutive commitments by a local, out-of-state or Federal jurisdiction; unless the sentencing authority has indicated in writing that there is no objection to temporary release participation.
(ii) The interviewer, or a designated staff person, shall contact the appropriate court(s) to ascertain the status of any outstanding warrants or commitments. Failure to respond within 30 days will be construed as an indication that either no record of the charges exists or that the sentencing authority has no objection to the resident's participation in a temporary release program.
(iii) After the 30-day period has lapsed, the resident's application shall be processed using the information readily available. Open charges for which no disposition is received shall not be considered in determining the resident's eligibility or suitability for temporary release.
(5) Applicant's facility behavior.
The resident has not, in the eight weeks prior to application, been found to have committed a serious or very serious misbehavior by a facility director's proceeding.
(6) Prior temporary release participation.
The resident has not been found, in a disciplinary proceeding, to have absconded from a temporary release program.
(7) Consistent purpose.
The resident's purpose for requesting temporary release is consistent with the purposes set out in section 179-3.4 of this Subpart for the type of temporary release program for which he is applying.
(8) Time in system.
The resident has served the following time in system:
(i) A resident under sentence for an offense involving the use or threatened use of a deadly weapon, infliction of serious physical injury upon another, or a sex offense involving forcible compulsion, shall not be permitted to participate in a temporary release program until he has served at least six months in custody. Jail time shall be credited toward the six-month requirement. Serious physical injury means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
(ii) A resident not under sentence for an offense described in subparagraph (i) of this paragraph may apply for, and be permitted to participate in, a temporary release program upon admission, provided that a parole eligibility date is known and he is otherwise eligible and qualified pursuant to this Subpart.
(iii) A returned parole violator must serve at least six months after his most recent return before he may apply for temporary release.
(iv) A resident whose last application for temporary release has been disapproved must wait at least eight weeks from the date of original disapproval before reapplication for the same type of temporary release program, unless otherwise directed to wait a longer period of time prior to reapplication.
These time requirements shall not apply to a request for a leave of absence.
(9) Immigration status.
(i) Prior to the processing of a temporary release program application, the division must request clarification of an alien resident applicant's immigration status from the U.S. Immigration and Naturalization Service. The purpose of this inquiry is to determine the resident's immigration status and to clarify whether the Immigration and Naturalization Service is going to commence deportation proceedings upon the resident's release from State custody.
(ii) A letter must be forwarded to the Immigration and Naturalization Service regarding the possibility of deportation proceedings against the resident. A failure by the Immigration and Naturalization Service to respond to an inquiry within 30 days will be construed as an indication by the Immigration and Naturalization Service that they do not intend to initiate deportation proceedings. The letter must advise them of the 30-day deadline.
(iii) A resident shall be ineligible for temporary release consideration if a response from the Immigration and Naturalization Service:
(a) indicates an investigation is underway; or
(b) indicates deportation proceedings are underway.
(b) Suitability criteria.
The applicant's legal history and facility record shall be reviewed and evaluated to determine whether permitting the resident to participate in a temporary release program is consistent with the safety of the community and the welfare of the applicant.
(1) Legal history.
The applicant's entire legal history shall be reviewed and evaluated, including any probation presentence reports, intake sheets, court transcripts, juvenile delinquency probation reports and placement orders, paying specific attention to:
(i) prior and current juvenile delinquent residential placements and juvenile offender and juvenile offender/youthful offender sentences of confinement;
(ii) prior and current juvenile delinquent and juvenile offender/youthful offender adjudications and juvenile offender convictions;
(iii) prior revocations of probation, parole or release; and
(iv) incidents in which the individual absconded or AWOLed or attempted to abscond or AWOL during current juvenile offender secure or nonsecure confinement under division authority, from escorted or unescorted off-campus trips, or from bail, detention or a previous residential placement.
(2) Facility record.
The applicant's entire facility record for his current juvenile offender confinement also shall be reviewed and evaluated, paying specific attention to the youth's physical and mental health and his behavior and performance in program, on escorted and/or unescorted trips or in a previous temporary release program. All available documents shall be reviewed, including but not limited to:
(i) The resident's behavioral record, including:
(a) facility director's proceeding dispositions for serious or very serious misbehaviors within the past six months;
(b) adjustment committee reviews and recommendations;
(c) room confinement reports;
(d) counseling area referrals;
(e) facility and wing log entries;
(f) facility infractions; and
(g) violations of program rules on escorted and unescorted trips or while in a temporary release program.
(ii) Evaluations of the resident's progress, attitudes and consistency in program, including:
(a) problem-oriented service plans and case reviews;
(b) individual education plans, academic evaluations and test results;
(c) vocational evaluations and test results;
(d) work assignment evaluations;
(e) recreational/leisure evaluations;
(f) counseling evaluations;
(g) peer/staff relationship evaluations;
(h) evaluations of success on escorted or unescorted trips and any previous temporary release program;
(i) factors underlying transfer to a nonsecure facility, where applicable; and
(j) parole board reviews.
(iii) Medical, psychiatric and psychological records, including:
(a) psychiatric and psychological evaluations, psychiatric hospital admissions, reports of suicide attempts and evidence of prolonged treatment on an outpatient basis;
(b) physical/medical evaluations; and
(c) alcohol and substance abuse evaluations.
9 CRR-NY 179-3.6
Current through September 15, 2021
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