9 CRR-NY 179-3.14NY-CRR
9 CRR-NY 179-3.14
9 CRR-NY 179-3.14
179-3.14 Removal from a temporary release program.
(a) Participation in a temporary release program is a privilege.
Nothing contained in the Correction Law, the Executive Law or this Subpart shall be construed to confer upon any resident the right to participate, or to continue to participate, in a temporary release program.
(b) Any resident's privilege to participate in a temporary release program may be revoked by the facility director: whenever he has knowledge that a resident's continued participation in the program is inconsistent with the safety of the community, the disciplined secure functioning of the facility, or the best interests or welfare of the resident; or if the resident has indicated by his conduct that there is a substantial likelihood he cannot successfully adjust to or complete his temporary release program; or upon recommendation of the temporary release committee chairperson. Such revocation must be made only with the approval of the director of temporary release programs.
(c) Indications of unsuitability for continued temporary release programming include, but are not limited to:
(1) arrest and/or conviction for a crime committed while participating in program;
(2) absconding, or attempting to abscond, from program;
(3) a violation of division, facility or temporary release program rules or regulations;
(4) threats by the participant against himself, his family, other residents, facility employees, or members of the community;
(5) threats made against the participant which require his placement in a protective custody location;
(6) changes in the participant's physical or mental status which have changed his ability to successfully adjust to program;
(7) an uncooperative attitude or a lack of motivation on the part of the participant evidenced by his failure to successfully participate in the temporary release program; or
(8) a significant negative change in the participant's employment or student status.
(d) Removal procedures for short-term temporary release participants.
The assigned parole officer or any employee of the Division for Youth shall notify the facility director of any firsthand knowledge of a resident's unsatisfactory participation in a short-term temporary release program. The facility director shall determine whether the resident should be removed from the short-term temporary release program and notify the temporary release committee chairperson of this decision.
(e) Removal procedures for continuous temporary release participants.
(1) The temporary release parole officer or any employee of the Division for Youth who has firsthand knowledge of a continuous temporary release participant's unsatisfactory or deteriorating adjustment to his temporary release program may file a written statement with the chairperson of the temporary release committee requesting a review of the participant's adjustment to the program. The temporary release committee shall then evaluate the participant's progress in, and adjustment to, the program and make a recommendation to the facility director regarding the participant's suitability for continued participation in the temporary release program. If a resident violates a division, facility or temporary release rule or regulation, a report of such violation shall be referred to the adjustment committee for consideration. This violation must be resolved by normal division disciplinary procedures, pursuant to Subpart 179-1 of this Part, before the temporary release committee may review the participant's program adjustment and suitability for continuation in the temporary release program.
(2) If a temporary release participant receives a disciplinary infraction or misbehavior report and appears before an adjustment committee or facility director's proceeding for a violation of division, facility or temporary release rule or regulation prior to his appearance before the temporary release committee, the adjustment committee or facility director's proceeding shall not recommend removal from a temporary release program as a dispositional option. However, the adjustment committee or facility director's proceeding may refer a resident's case to the temporary release committee for review pursuant to paragraph (1) of this subdivision. It is the temporary release committee's responsibility to make a recommendation to the facility director concerning the resident's suitability for continued participation in a temporary release program. The temporary release committee may not use a disciplinary infraction or misbehavior report as a reason for recommending that a resident be removed from a temporary release program if the disciplinary violation is not sustained by an adjustment committee or facility director's proceeding. However, the temporary release committee may recommend a participant's removal from a temporary release program for other reasons.
(3) Upon receiving a written request to review a temporary release participant's adjustment in a temporary release program, the chairperson of the temporary release committee shall evaluate the referral and schedule a meeting of the temporary release committee in accordance with the urgency of the referral. If the resident has not had a disciplinary violation sustained by an adjustment committee or a facility director's proceeding, and the resident has not been transferred from the temporary release facility, he shall be scheduled to appear at the temporary release committee meeting. At least 24 hours before the resident's scheduled meeting with the temporary release committee, he shall be given a written statement of the reason(s) for his referral. A copy of the statement shall be retained in the resident's facility file.
(4) Upon convening the meeting of the temporary release committee, the chairperson shall advise the committee members of the nature of the referral and the resident's adjustment in program to date, and provide any other information which the committee needs to evaluate the resident's adjustment. The resident shall then be given the opportunity to meet with the temporary release committee to discuss the evaluation of his program participation.
(5) The temporary release committee shall ensure that appropriate efforts have been made to address the resident's problems. Then, the temporary release committee shall decide, by majority vote, what action should be recommended to the facility director. The chairperson of the temporary release committee shall promptly forward to the facility director a written statement containing the committee's recommendation and its reason(s) therefor.
(6) Immediate transfer.
(i) A temporary release participant who is considered a security risk may be transferred from a temporary release facility to another division secure facility before a temporary release committee meeting, adjustment committee meeting or facility director's proceeding is convened. A participant may be considered a security risk if:
(a) he is violent;
(b) he presents a danger to himself, other persons, property, or facility security;
(c) there is an immediate threat to his safety;
(d) there is reasonable cause to believe he may try to escape or abscond; or
(e) he has been arrested and released on bail or his own recognizance.
(ii) A temporary release participant also may be transferred if he requires immediate medical or other professional care or treatment which is not available at the temporary release facility.
(iii) A transfer order must be obtained from the director of temporary release programs to move a resident out of a temporary release facility.
(iv) In all other cases, the removal or revocation procedures described in paragraphs (2)-(5) and (7)-(10) of this subdivision must be completed before a participant may be transferred from the temporary release facility.
(v) It is not necessary for a temporary release participant who has been transferred from the temporary release facility and who has a sustained disciplinary violation to appear at the temporary release committee meeting. However, if a disciplinary violation is not sustained against a temporary release participant who has already been transferred from the temporary release facility, the chairperson of the temporary release committee at the facility from which the resident was transferred shall visit the resident at the facility to which he has been transferred to advise the resident of the nature of the referral and the factors about which the temporary release committee is concerned, and to give the resident the opportunity to address these issues in the chairperson's presence. At least 24 hours before the resident is scheduled to appear before the temporary release committee chairperson, the resident shall be given a written statement of the reason(s) for his referral.
(vi) In exigent circumstances, the facility director of the facility from which the resident has been transferred may request the facility director of the facility to which the resident was transferred to have that facility's temporary release committee meet with the resident to advise him of the nature of the referral and the factors about which the sending temporary release committee is concerned, and to give the resident the opportunity to address these issues in the presence of the receiving facility's temporary release committee. At least 24 hours before the resident is scheduled to appear before the temporary release committee, he shall be given a written statement of the reasons for his referral.
(vii) In exigent circumstances where the receiving facility's temporary release committee cannot be assembled, the facility director may act as the temporary release committee for program review purposes.
(viii) The chairperson of the temporary release committee holding the meeting shall promptly forward a written statement to the facility director of the facility where the resident has been participating in a temporary release program, recommending that the resident either be returned to that facility for further temporary release programming or be removed from temporary release. The statement shall include the reason(s) for the recommendation.
(7) The facility director shall either approve or disapprove the temporary release committee's recommendation. If the facility director disapproves such a recommendation, he shall provide the temporary release committee chairperson who made the recommendation with a written statement of the reason(s) for his decision.
(8) If the facility director approves a recommendation that a resident be removed from the temporary release program, the resident's privilege to participate in a temporary release program shall be revoked.
(9) The facility director shall advise the chairperson of the temporary release committee of any action to revoke a resident's privilege to participate in a temporary release program. The temporary release committee chairperson then shall forward a written statement to the resident, advising that removal from temporary release has been ordered by the facility director and stating the reason(s) why this action is being taken. Copies of this statement shall also be placed in the resident's facility file and made available to the Board of Parole before the resident's next appearance.
(10) When a resident's privilege to participate in a temporary release program is revoked, a copy of the temporary release committee's recommendation and the facility director's decision shall be forwarded to the director of temporary release programs for review. If a disciplinary violation was a factor in the decision to revoke the resident's temporary release privilege, a copy of the adjustment committee's or facility director's proceeding reports regarding the violation shall also be forwarded. A transfer order shall be obtained from the director of temporary release programs to move a resident out of the temporary release facility.
(11) Parole Board action affecting participation.
(i) A resident held more than 12 months.
(a) A resident who meets the Board of Parole and is ordered held in excess of 12 months is statutorily ineligible to continue to participate in a temporary release program unless his conditional release or maximum expiration date is less than 12 months away. Such a resident shall be removed from program immediately. An order from the director of temporary release programs shall be obtained to transfer the resident to an appropriate secure facility.
(b) A resident who is removed from the program because he was held by the Board of Parole in excess of 12 months has no entitlement to be placed back in a temporary release program immediately upon his again becoming statutorily eligible for temporary release. A new application for temporary release must be submitted at that time.
(ii) A resident held less than 12 months.
(a) A resident who meets the Board of Parole and is ordered held for less than 12 months, or a resident held for more than 12 months who has a conditional release or maximum expiration date less than 12 months away, shall be reevaluated by the temporary release committee to determine whether he should be permitted to continue in program or any aspect of his program should be changed before he is again permitted to leave the facility on temporary release. If the temporary release committee concludes that a resident should be removed from his temporary release program, the resident shall appear before the temporary release committee and the procedures detailed in paragraphs (2) through (10) of this subdivision shall be followed.
(b) When appropriate, the parole officer at the temporary release facility shall ensure that the Board of Parole's decision regarding a continuous temporary release participant is made available immediately to the temporary release committee chairperson so the temporary release committee can make a prompt decision whether the participant should be permitted to leave the facility on temporary release, and schedule an evaluation if necessary. Whenever possible, the parole officer should give the temporary release committee chairperson the Board of Parole's reason(s) for ordering an appearance at a later date.
9 CRR-NY 179-3.14
Current through September 15, 2021
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