New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXI - Earned Eligibility Program › Part 2100 - Earned Eligibility Program › Section 2100.4 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No more than
				three months prior to a scheduled board hearing date at a correctional
				facility, the facility inmate records coordinator will transmit to the facility
				guidance unit a list of inmates scheduled to appear before the board. The
				inmate records coordinator and the guidance unit will continuously update this
				list until the board hearing to ensure that all eligible inmates are evaluated
				for certificates of earned eligibility. Simultaneously, the senior counselor
				responsible for earned eligibility will develop a list of all inmates eligible
				to be evaluated for a certificate.
(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, 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.
(c) Facility correction counselors will
				complete an earned eligibility evaluation for each eligible inmate. Counselors
				shall consider all available program attendance, participation and progress
				information as well as appropriate institutional behavior information in
				conducting evaluations.
(d)
				Evaluations shall be reviewed and signed by an assistant deputy superintendent
				or senior correction counselor, and by the deputy superintendent for
				programs.
(e) Completed evaluations
				will be reviewed under the auspices of the Office of Guidance and
				Counseling/Earned Eligibility unit. Staff conducting such reviews will consult
				with facility staff for clarification. Reviews will take place either at a
				facility or in central office.
(f)
				Upon the conclusion of the central office review, final determinations will be
				sent to the facility from the commissioner. A copy of the determination for
				each inmate will be placed in the inmate's guidance unit file.
(g) The facility guidance unit will provide a
				copy of the final determination to the facility parole office.
(h) If an inmate is issued a certificate, he
				shall receive written notification from the facility deputy superintendent for
				programs prior to his appearance before the board.
(i) If the evaluation of an inmate's files
				and records results in denial of a certificate, the inmate shall be notified in
				writing by the facility deputy superintendent for programs prior to his
				appearance before the board. This notification shall indicate the reasons why
				the inmate was denied a certificate of earned eligibility.
(j) If the evaluation of an inmate's files
				and records results in the granting of noncertifiable status, the inmate shall
				be notified in writing by the facility deputy superintendent for programs prior
				to his appearance before the board. This notification shall indicate the
				reasons why the inmate was granted noncertifiable status.