9 CRR-NY 179-3.10NY-CRR
9 CRR-NY 179-3.10
9 CRR-NY 179-3.10
179-3.10 Criteria for participation in a short-term temporary release program.
This section contains the criteria for participation in the following short-term temporary release programs: leaves of absence, community services programs and furlough programs.
(a) Leave of absence.
Any resident may apply for a leave of absence at any time, provided his purpose for applying fits within the purposes for a leave of absence set out in section 179-3.4(a) of this Subpart.
(1) Deathbed visit or funeral attendance.
One deathbed visit may be granted for each terminally ill family member specified in section 179-3.4(a) of this Subpart. If the resident previously has been granted an escorted visit to said family member, an additional leave of absence will not be considered.
(i) Verification and approval.
(a) During normal business hours. Upon receipt during normal business hours of the resident's application for a deathbed visit, the temporary release committee chairperson shall verify the patient's medical condition and ascertain whether death is imminent. Upon receipt of a request to attend a funeral, the temporary release committee chairperson shall verify the death and ascertain the dates, times and addresses of the wake, funeral and interment. After verifying the facts underlying the request, the temporary release committee shall meet to determine whether approval of the application should be recommended. If the temporary release committee recommends approval, the application shall be reviewed by the facility director, director of temporary release programs and the director of the division, pursuant to the procedures required by sections 179-3.7(h)-(i) and 179-3.8 of this Subpart.
(b) Weekends or nights. Upon receipt on a weekend or at night of an application for a deathbed visit or to attend a funeral, the facility director, acting facility director or officer of the day should be contacted directly regarding the application if the temporary release chairperson or the temporary release interviewer is not available. In such cases, the facility director alone shall decide whether the resident's application should be approved. The facility director's decision regarding the application shall be reviewed by the director of temporary release programs and the director of the division, pursuant to the procedures required by section 179-3.8 of this Subpart.
(ii) Field contact. Field contact shall be made by the appropriate youth service team worker or parole officer with the requested residence to verify the suitability and availability of the residence for use by the youth while on temporary release. This will be done prior to final approval of the resident's application for a leave of absence.
(2) Medical or dental leave.
Any resident may apply for medical or dental leave at any time, provided the purposes for applying correspond with the purposes for such leave set out in section 179-3.4(a) of this Subpart.
(i) The temporary release committee chairperson must complete the following steps prior to a resident being granted a leave of absence to obtain medical or dental treatment in the community:
(a) obtain a detailed treatment plan delineating the expected number of visits or the length of hospital stay required to accomplish the objective and the specific treatment to be provided; and
(b) arrange for examination of the resident by the facility dentist or physician, following each visit to the outside practitioner or each hospital stay, to ascertain the youth's condition and to ensure the treatment has been performed.
(ii) An application for medical or dental leave shall be reviewed by the temporary release committee, the facility director, the director of temporary release programs and the director of the division pursuant to the procedures required by sections 179-3.7 and 179-3.8 of this Subpart, except that the application shall be reviewed by the director of temporary release programs and the director of the division regardless of the temporary release committee's recommendation. The director of temporary release programs shall obtain the recommendation of the director of the Office of Health Services regarding the appropriateness of the request prior to submitting the request to the director of the division.
(3) Exigent circumstances.
If exigent circumstances exist, the resident may apply directly to the facility director for approval of a leave of absence request. The facility director alone shall decide whether the resident's application should be approved. A written statement of the facility director's reasons for approving or disapproving a leave of absence under exigent circumstances shall be placed in the resident's facility file. The facility director's decision regarding the application must be reviewed by the director of temporary release programs and the director of the division pursuant to the procedures required by section 179-3.8 of this Subpart.
(4) Length of leave.
The resident will be allowed to leave the facility only for the length of time necessary to accomplish the purposes of the leave.
(b) Community services program.
A resident may apply to participate in a community services program, provided his purpose for applying fits within the purposes for such program set out in section 179-3.4(b) of this Subpart. An eligible applicant may leave the facility for a period not exceeding 14 hours in any day.
(1) Religious services.
An eligible resident may be granted the privilege of participating in a community services program for the purpose of attending services by a recognized religion only when the services are not available within the facility.
(2) Volunteer work.
(i) An eligible resident may be granted the privilege of participating in volunteer work for a nonprofit organization or public agency (e.g., hospitals, service clubs, special community projects, etc.) which has an established volunteer services program with a definite job description outlining the duties and responsibilities of the volunteer. A resident shall not be used to solicit funds, even though a given agency may use volunteers for this purpose. Efforts should be made to avoid having a resident volunteer replace a paid employee or otherwise fill a position that may be occupied by a paid worker.
(ii) Where appropriate, a volunteer may be granted permission by the facility director to receive a uniform, meals, and reimbursement for out-of-pocket expenses from the volunteer organization.
(iii) Arrangements must be made for appropriate supervision of the resident in the community by either parole or facility staff before any volunteer program application is approved.
(3) Athletic events.
An eligible resident who is physically qualified may be granted the privilege of participating in an officially sponsored athletic event.
(c) Furlough program.
An eligible resident may be granted the privilege of leaving the premises of a facility for a period not exceeding seven days for a furlough program, provided his purpose for applying corresponds with the purposes set out in paragraph (2) of this subdivision. A request for an out-of-state furlough will not be approved.
(1) Types of furlough.
(i) One-day furlough. A one-day furlough allows the resident to leave the facility for up to 14 hours in any 24-hour period.
(ii) Extended furlough. An extended furlough allows a resident to leave the facility for more than one day but not more than seven days.
(2) Furlough purposes.
A furlough may be granted for one or more of the following purposes only:
(i) Family-tie furlough. A family-tie furlough is for the purpose of solving family problems and/or maintaining family ties.
(a) An approved residence is required for a one-day or an extended family-tie furlough. The residence must be with one of the following:
(1) blood relative;
(2) verifiable guardian;
(3) spouse; or
(4) common-law spouse where the relationship existed for more than one year before imposition of the resident's sentence.
(b) Furlough of two residents to the same residence at the same time must be approved by the director of the temporary release programs. The temporary release committee chairperson shall inquire of the resident to be furloughed whether anyone else will be furloughed simultaneously to that address.
(c) Field contact. Field contact shall be made with the requested residence to verify the suitability and availability of the residence for use by the youth while on temporary release. This will be done prior to final approval of a resident's application for a furlough.
(ii) Job search furlough or post-release housing furlough. A job search furlough is for the purpose of seeking employment in preparation for the resident's parole or release to the community. A post-release housing furlough is for the purpose of seeking housing in preparation for the resident's parole or release to the community. The processing of a job search or post-release housing furlough request shall be coordinated with the resident's parole or release plans made through the assigned parole office.
(a) A resident must be within 120 days of a parole release board or conditional release date to apply for, and within 90 days of a parole release board or conditional release date to participate in, a job search or post-release housing furlough.
(b) There is no residence requirement for a one-day furlough.
(c) For an extended furlough, a resident must meet the same residence requirements listed for a family-tie furlough in clause (i)(a) of this paragraph.
(d) An approved transient location may be used for a resident with no approved family-tie residence only if the location of the job or housing search is too distant from the facility to require return in the same day.
(iii) Short-term educational course furlough. A short-term educational course furlough may be granted for the purpose of attending a short-term educational or vocational training course or program or for satisfying the criteria for entrance to an educational institution, such as taking an entrance examination or attending a required orientation session. A short-term educational furlough may be for one day or an extended furlough may be allowed. A resident participating in an extended short-term educational furlough may stay in an approved transient location.
(3) Furlough timing.
A resident may not take:
(i) more than 28 furlough days in any furlough year;
(ii) more than 14 furlough days in the first six months of any furlough year;
(iii) more than seven furlough days in any 28-day period; or
(iv) a furlough longer than seven days.
The furlough year starts on the day a resident begins his first furlough program and ends 365/366 days later. If the timing of the application does not conform to these requirements, the application may be deferred from immediate consideration by the temporary release committee.
(4) Finances.
A resident may be required to bear the expenses related to his furlough. The facility director shall make such a determination.
9 CRR-NY 179-3.10
Current through September 15, 2021
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