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 1901.1 - Criteria for participation in short-term temporary release

Current through Register Vol. 46, No. 28, July 10, 2024
The following section contains the criteria for
					 participation in the three types of short-term temporary release programs,
					 leave of absence, community services programs and furlough. Each program is
					 individually handled. However, it is also necessary to refer to other sections
					 in this Part to properly process each individual case.
(a) Leave of absence program. Any inmate may
				  apply for this program, regardless of time criteria, as long as all other
				  eligibility requirements are satisfied. The point score must, however, be at
				  least 30. A leave of absence lets the inmate leave an institution to visit
				  his/her spouse, child, brother, sister, grandchild, parent (natural or legally
				  adoptive), grandparent or ancestral aunt or uncle during his or her last
				  illness if death appears to be imminent; to attend the funeral of such
				  individual, or to undergo surgery or to receive medical or dental treatment not
				  available in a correctional institution only if deemed absolutely necessary to
				  the health and well-being of the inmate and where approval is granted by the
				  commissioner or his designee. A temporary release committee form 4188 must be
				  completed and signed by the facility health services director in the last
				  instance.
(1) Deathbed/funeral visit. One
				  deathbed visit may be granted for each terminally ill relative. If one escorted
				  visit has been previously granted, no leave of absence can be considered.
(i) During normal working hours.
(a) Upon receipt of the inmate's application,
				  the temporary release committee chairperson shall verify the facts of the case.
				  A leave of absence can be granted to inmates who wish to visit their spouse,
				  child, brother, sister, grandchild, parent (natural or legally adoptive),
				  grandparent or ancestral aunt or uncle only. (For the purposes of this section
				  the term spouse includes a person who is the same sex as the inmate, if the
				  same-sex marriage was performed in New York State or if a same sex marriage or
				  civil union was performed in any other jurisdiction that authorizes such
				  marriage or union. Counsel's office may be consulted to determine whether the
				  outside jurisdiction does authorize same-sex marriages or civil unions.) For a
				  deathbed visit, it is necessary that the temporary release committee
				  chairperson contact the patient's doctor or a hospital administrator directly
				  in order to verify the patient's medical condition and to ascertain if death is
				  imminent. The chairperson must also verify the name, address and telephone
				  number of the hospital and attending physician along with any other facts
				  necessary to consider this case.
(b) For a funeral visit, it is necessary that
				  the temporary release committee chairperson contact the funeral home director
				  to verify the death and to ascertain the dates, times and addresses of the
				  wake, funeral and interment.
(c)
				  The temporary release committee then meets to render a decision. If approved by
				  the temporary release committee, the superintendent's approval is then
				  required. Central office review cases will need the required approval as
				  outlined in section
				  1900.4(n) 
				  of this Title.
(d) The inmate will
				  be granted only the length of time necessary to accomplish the purpose of the
				  leave.
(e) Only with the
				  commissioner's approval will out-of-state leaves of absence be allowed, and
				  only for deathbed or funeral visits only for those relatives listed in
				  subdivision (a) of this section.