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 1901 - Short-term Temporary Release Programs › Section 1901.2 - Procedures for the operation of short-term temporary release

Current through Register Vol. 46, No. 28, July 10, 2024
This following section describes the procedures necessary
					 for the successful operation of the short-term temporary release
					 programs.
(a) Before release.
(1) Notification to inmates. Inmates shall be
				  notified of the final decision as soon as it is known so that the inmate may
				  make any further arrangements necessary to successfully complete a temporary
				  release program.
(2) Parole field
				  investigations. Field investigations shall be requested for those cases where
				  the temporary release committee feels there is insufficient information
				  regarding the requested residence or whenever there is some question relative
				  to that residence, the individuals with whom the inmate may be staying, or any
				  aspect of the case and its community impact. This will be done as soon as the
				  inmate is finally approved for furloughs or leaves of absence. If the field
				  investigation is negative, the inmate should be notified of the results
				  honestly and diplomatically in consultation with counseling and parole staff
				  where necessary.
(3) In those cases
				  where there is no specific question raised by the temporary release committee
				  relative to residence or community feelings, and the temporary release
				  committee approves the case for furlough, a residence questionnaire, form
				  4118-A, will be sent to the requested residence if the residence is an occupied
				  premises. That affidavit must be notarized and returned to the facility before
				  the inmate is released. In any other case involving an otherwise legal and
				  verifiable approved residence but the temporary release committee feels there
				  is insufficient information regarding the residence, the procedure established
				  in paragraph (2) of this subdivision shall be followed.
(4) Central monitoring case designations. Any
				  nonstatutory case which has been designated a central monitoring case by the
				  inspector general's office is a central office review case. All other
				  nonstatutory cases must be screened by the inspector general's office prior to
				  release to determine whether or not a central monitoring case designation is
				  appropriate. A list of temporary release committee approved nonstatutory cases
				  should be forwarded to the inspector general's office in Albany within three
				  working days after each temporary release committee meets, on form 1171. Any
				  cases which are returned designated central monitoring cases must be submitted
				  to central office for review and will require final approval of the deputy
				  commissioner for security. Those cases that are not designated central
				  monitoring cases may be processed for release.
(5) Notification to local law enforcement
				  offices.
(i) At least five working days
				  before releasing an inmate on a temporary release program, the superintendent
				  shall notify, in writing, the sheriff or chief of police of the community into
				  which the inmate is to be released.
(ii) Henceforth, form 4186 (TRP-8) shall be
				  mailed to the appropriate law enforcement official at least five working days
				  prior to the release of any inmate on any type of temporary release except in
				  cases of emergency leaves of absence where telephone contact shall be made and
				  the form 4186 (TRP-8) shall be mailed as soon as practical. In the cases of
				  furloughs, community services leaves and leaves of absence where the inmate is
				  not under supervision by a parole officer or is leaving the supervision area of
				  his assigned parole officer, a form 4186 (TRP-8) shall then be forwarded to the
				  appropriate parole area office to alert them of the impending release of an
				  inmate subject to supervision.
(iii) A copy of the form 4186 (TRP-8) shall
				  be filed in the inmate's institutional file.
(iv) A copy of the form 4186 (TRP-8) will
				  also be sent to the area parole office administering the area in which the
				  inmate is being released. This is to alert that office to expect the inmate to
				  make phone contact. The notification shall include:
(a) The name and relationship of the person
				  with whom the inmate plans to reside while on temporary release.
(b) The full address, including apartment
				  number.
(c) The telephone number at
				  that address, if available.
(d) In
				  the case of medical leaves of absence, the name, address and telephone number
				  of the inmate's hospital and physician.
(6) Short-term temporary release financial
				  procedures.
(i) Only in exceptional
				  circumstances will an inmate be allowed to take with him or have access to more
				  than $100 above his transportation costs.
(ii) Any short-term temporary release program
				  may be postponed until the inmate can finance transportation. Inmates leaving
				  the facility on a short-term temporary release program will assume all expenses
				  in connection with the trip. If sufficient funds are not available in the
				  inmate's account, an advance to cover transportation and minimal personal
				  expenses may be granted but only in exceptional cases. Travel request form
				  AC28H should be used by facility personnel where possible to purchase tickets
				  for the inmate. Those costs must be reimbursed by the inmate.
(iii) The temporary release committee
				  chairperson will tell the inmate the department's policy concerning
				  reimbursement according to section
				  1900.4 
				  of this Title. The inmate's repayment schedule should include reimbursement for
				  transportation, lodging and personal expenses if required.
(7) Processing procedures. All inmates will
				  leave and return to the facility through the processing room. General
				  confinement facilities may modify these procedures to meet their unique needs.
				  Each temporary release committee chairperson shall assure that their processing
				  procedures are filed with the director of temporary release programs.
(i) Each temporary release approved inmate
				  shall be photographed for a temporary release identification card. The
				  identification card must be in the possession of the inmate when he leaves the
				  facility, at all times during his release, and must be surrendered and
				  destroyed upon his return to the facility.
(ii) The processing officer will arrange for
				  the inmate's clothing, making sure to record what clothing is being worn from
				  the facility. The inmate will not be allowed to return with any article other
				  than what was taken out with him.
(iii) The temporary release committee
				  chairperson will assure that the memorandum of agreement, rules and regulations
				  (see Part 1902 of this Title), and other required forms are explained to the
				  inmate and properly signed prior to the inmate going to the processing-out
				  area. In the event an inmate cannot speak English, a notation will be made on
				  the memo of agreement that it was explained to the inmate in a language which
				  he/she understands and the notation will be signed by the temporary release
				  committee chairperson. The temporary release committee chairperson will assure
				  that the processing officer will double-check all papers and be sure that there
				  is proper authorization to leave the facility and that no restriction order
				  exists. The memorandum of agreement will be in the inmate's possession when he
				  leaves the institution and surrendered upon his return.
(iv) The processing officer will then see
				  that the inmate receives his approved funds and arranges for his departure from
				  the facility.