Section 2100.1 Statement of purpose.

This Part sets forth the policies and procedures governing the earned eligibility program. Consideration for this program is available to any inmate serving an indeterminate sentence with a minimum term of not more than eight[six] years.

(b) The guidance unit will coordinate a comprehensive evaluation of each inmate's program files and records. This evaluation shall include all files and records regarding counseling, education, occupational training, family services, ministerial services, transitional services[pre-release], temporary release, alcohol and substance abuse treatment, network, special subjects, and any other appropriate programs and activities in which the inmate has participated. All other facility staff will assist and participate in conducting this evaluation as assigned or requested.

In accordance with Correction Law section 112, the Commissioner of the Department of Correctional Services is designated with the superintendence, management and control of correctional facilities in the department and of the inmates confined therein, and of all matters relating to the government, discipline, policing, contracts and fiscal concerns thereof. Section 805 of Correction Law mandates that “an inmate who is serving a sentence with a minimum term of not more than eight years and who has been issued a certificate of Earned Eligibility, shall be granted parole release supervision at the expiration of his minimum term….”. This section of Correction Law was revised effective September 1, 2007 to reflect a change from six to eight years. The amendment to 7NYCRR, Part 2100.1 is being made to bring the regulation into compliance with Correction Law 805, changing six years to eight years. The amendment to section 2100.4(b) is being made to update the reference to a Department program that has changed its functional name in recent years from “pre-release” to “transitional services”. The Department has determined that no person is likely to object to the adoption of this proposed rulemaking because they are technical and non-controversial in nature (SAPA 102 (11)(c)).

A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities.