New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XII - TEMPORARY RELEASE, RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER, AND COMPREHENSIVE ALCOHOL AND SUBSTANCE ABUSE TREATMENT CENTER › Subchapter A - TEMPORARY RELEASE PROGRAMS › Part 1904 - Removal From Temporary Release Program › Section 1904.1 - Revocation of temporary release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Participation in the temporary release
				  program is a privilege. An inmate does not have the right to participate, or to
				  continue to participate, in the temporary release programming. A superintendent
				  may at any time revoke an inmate's participation in the temporary release
				  program, and upon the recommendation of the temporary release committee, the
				  commissioner, or the chairman of the board of parole or his designee, shall
				  revoke an inmate's privilege to participate in the temporary release
				  program.
(b) A superintendent may
				  revoke an inmate's participation in the temporary release program upon
				  recommendation of the temporary release committee, or the commissioner, or at
				  any time that the superintendent has knowledge that the inmate's continued
				  participation in a temporary release program is inconsistent with the safety of
				  the community, is inconsistent with the best interest of the inmate, or if the
				  inmate has indicated by his conduct that there is a substantial likelihood that
				  he cannot successfully adjust his temporary release program.
(c) Indicators of unsuitability for continued
				  participation in the temporary release program include, but not limited to, the
				  following:
(1) arrest and/or conviction for
				  crimes committed while participating in the temporary release
				  program;
(2) absconding, or
				  attempting to abscond from the temporary release program or otherwise not
				  returning to the facility at the time and date directed pursuant to the signed
				  temporary release contract;
(3)
				  violations of departmental rules;
(4) threats made by the participant against
				  himself or others;
(5) threats made
				  against the inmate which require his placement in protective custody;
(6) changes in an inmate's physical or mental
				  status;
(7) an inmate's poor
				  attitude as indicated by evaluations by a parole officer, employer, or
				  educational institutional representative;
(8) lack of motivation by an inmate in his
				  temporary release program;
(9)
				  significant change in employment or student status;
(10) if an inmate has failed to secure
				  employment within six weeks of completion of orientation;
(11) refusal by the inmate to repay any
				  advance made to him;
(12) refusal
				  by inmate to repay the weekly work release participation charge;
(13) inmate's presence in the community
				  places him at risk or there is information which indicates that the inmate's
				  presence in the community places the integrity or public acceptance of the
				  program at risk; or
(14)
				  outstanding warrants/detainers, commitments, open charges or immigration status
				  as stated in section
				  1900.4(c)(5) 
				  of this Title.