New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.11 - Criteria for participation in a continuous temporary release program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A continuous
				  temporary release program is a program under which an eligible and approved
				  resident is granted the privilege of leaving the premises of a facility on a
				  daily basis, for a period not exceeding 14 hours in any day, for the purpose of
				  participating in a work release program, an educational leave, a community
				  services program or an industrial training leave as described in section
				  179-3.4 of this Subpart. Approval
				  by the director of the division of a resident's participation in any continuous
				  temporary release program also implies approval of the resident's participation
				  in all other temporary release programs at the discretion of the temporary
				  release committee chairperson and the facility director. No out-of-state
				  continuous temporary release applications will be approved.
(b) Types of continuous temporary release
				  programs.
(1) Work release program. A work
				  release program is a continuous temporary release program under which an
				  eligible and approved resident may be granted the privilege of leaving the
				  premises of a facility designated for such purposes by the director of the
				  division, for a period not exceeding 14 hours in any day, for the purpose of
				  on-the-job training or employment, or for any matter necessary to the
				  furtherance of any such purposes.
(i)
				  Facility staff and the temporary release parole officer shall assist residents
				  who are eligible and suitable to participate in a work release program in any
				  manner necessary to secure education, on-the-job training and employment
				  opportunities and to participate successfully in the work release
				  program.
(ii) No employment under a
				  work release program may be approved or continued: if such employment results
				  in the displacement of employed workers, or is applied in skills, crafts or
				  trades in which there is a surplus of available labor in the locality; or if
				  the rates of pay and other conditions of employment are not at least equal to
				  those paid or provided for work of similar nature in the locality in which the
				  work is to be performed; or if there is any labor strike or lockout in the
				  establishment in which the resident is employed.
(iii) A resident who has been approved to
				  participate in a work release program, and who is unemployed, may be granted a
				  job search furlough by the temporary release committee chairperson or the
				  facility director for the purpose of attending employment interviews or
				  searching for employment. Such a furlough shall not exceed eight hours'
				  duration. These job search furloughs are not continuous and must be decided on
				  a case-by-case basis each time the resident requests such a furlough. A new
				  temporary release memorandum of agreement shall be prepared and signed by the
				  resident each time he leaves the facility on a job search furlough.
(iv) On those days when the resident remains
				  in the facility, he shall be interviewed by the facility vocational specialist
				  or similarly trained staff member, or, in that person's absence, by his
				  facility counselor or the temporary release parole officer, his job search
				  activities evaluated, and future job leads developed. Any employment interviews
				  scheduled for the resident shall be verified in advance whenever possible. The
				  resident's job search efforts also shall be verified.
(v) A temporary release participant may not
				  be employed by or with a codefendant, work at the scene of his crime, or be
				  employed by the same company if his crime was related in any way to his
				  employment, without the prior written approval of the temporary release parole
				  officer and the temporary release committee chairperson.
(vi) The temporary release parole officer or
				  the temporary release committee chairperson may disapprove an employment
				  program if, in his judgement, the resident may have too great an opportunity to
				  commit a crime.
(vii) A continuous
				  temporary release participant must receive the prior written approval of the
				  temporary release parole officer, the temporary release committee chairperson
				  and the facility director, before he may become self-employed while
				  participating in a continuous temporary release program. Such approval shall be
				  granted only in exceptional circumstances and shall be contingent upon the
				  resident's compliance with all applicable laws and licensing
				  procedures.