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 1900 - TEMPORARY RELEASE PROGRAM RULES AND REGULATIONS › Section 1900.4 - Procedures for temporary release committees when considering temporary release applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Inmate
				  application.
Inmates may apply for temporary release by completing a
					 notification to temporary release committee form 4133E indicating the type of
					 temporary release program and their reasons for applying. In cases where the
					 inmate is incapacitated, the facility health services director or an authorized
					 staff person may submit the application for him/her.
(b)
Application process.
The offender rehabilitation coordinator (ORC) shall
					 complete the application on the automated system.
(c)
Eligibility.
The ORC shall make sure that the inmate is statutorily or
					 otherwise eligible for temporary release.
(1)
(i) An
				  inmate must be within 24 months of possible release to community supervision
				  (except for leaves of absence).
(ii) Under the Drug Law Reform enacted on
				  April 7, 2009, inmates serving determinant sentences as 2nd felony drug inmates
				  wherein one of the present convictions is a Class B felony drug offense must
				  have a total amount in custody, including any jail time, of at least 18 months
				  to be eligible to participate in temporary release.
(iii) Except as provided by paragraph (4) of
				  this subdivision, an inmate's current commitment must not be the result of a
				  conviction or a youthful offender adjudication (YO) for any of the following
				  violent felony offenses where the crime involved either being armed with, the
				  use of, the threatened use of, or the possession with the intent to use
				  unlawfully against another, a deadly weapon or a dangerous instrument, or the
				  crime involved the infliction of serious physical injury. The offender
				  rehabilitation coordinator must submit a violent felony offense (VFO) review to
				  central office temporary release programs for inmates where current instant
				  offenses are of the following or YO for any of the following violent felony
				  offenses.
Offense
Penal Law
								Section
Assault 2
120.05
Gang Assault 2
120.06
Gang Assault 1
120.07
Assault on a peace officer, police officer, fireman
								or emergency medical services professional
120.08
Assault 1
120.10
Aggravated Assault upon a police officer or a peace
								officer
120.11
Burglary 2
140.25
Burglary 1
140.30
Attempted Arson 1
150.20
Robbery 2
160.10
Robbery 1
160.15
Intimidating a victim or witness 1
215.17
Criminal Possession of a Weapon 2
265.03
Criminal Possession of a dangerous Weapon 1
265.04
Criminal Use of a Firearm 2
265.08
Criminal Use of a Firearm 1
265.09
(iv) An inmate who can provide the temporary
				  release committee chairperson with a court-generated document or document
				  generated by the Office of the District Attorney which establishes that his/her
				  current commitment is for a subdivision of one of the above listed crimes which
				  did not involve: being armed with, the use of or threatened use of, or the
				  possession with the intent to use unlawfully against another of, a deadly
				  weapon or a dangerous instrument or the infliction of a serious physical injury
				  as defined in the Penal Law, shall be otherwise eligible for temporary
				  release.