reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.6 - Showers and exercise

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				inmate shall be permitted to shower at least three times a week.
(b) An inmate shall be permitted to exercise
				outside of his or her cell for at least one hour daily, except as provided in
				subdivisions (c) and (d) of this section. Such exercise shall be provided
				out-of-doors, weather permitting, unless the size of the population or the
				physical plant of the facility renders such daily exercise out-of-doors
				unfeasible. If daily exercise out-of-doors is not feasible, outdoor exercise
				shall be provided at least once every other day, indoor exercise shall be
				provided as a substitute on those days that outdoor exercise is not available
				and the Deputy Commissioner of Correctional Facilities shall be
				notified.
(c) An inmate newly
				arrived at a correctional facility will not be permitted out-of-cell activities
				until it is reasonably concluded that he/she has no known enemies at the
				facility. This restriction shall not exceed five days unless extenuating
				circumstances exist and approval is granted by the Deputy Commissioner of
				Correctional Facilities or his designee.
(d) An inmate who has lost recreation
				privileges but who is not otherwise keeplocked or confined to his or her cell
				need not be permitted the daily exercise referred to in subdivision (b) of this
				section. However, an inmate who is on loss of recreation status and who has no
				program shall be permitted the daily exercise referred to in subdivision (b) of
				this section.
(e) This section
				shall not be construed so as to prohibit emergency action by the superintendent
				of the facility. If necessary for the safety and security of the facility, the
				superintendent may suspend shower and exercise privileges for all inmates or
				for any segment of the inmate population until the emergency has passed. In any
				such case the superintendent shall immediately notify the deputy commissioner
				for correctional facilities.
(f)
				Whenever in the judgment of the officer in charge, there is imminent danger
				that a "keeplock" inmate will do injury to himself/herself or to another, if
				permitted out of the cell for a shower or exercise, the officer with the
				approval of the area supervisor, may deprive the inmate of the shower or
				exercise. A written report shall be prepared immediately and delivered to the
				superintendent or deputy superintendent for security indicating the reason for
				the deprivation. In all cases the activity will be restored as soon as it can
				be deemed consistent with safety.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.7 - Visiting, correspondence and phone calls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Visiting, correspondence and phone calls
				are seen as means of reinforcing family ties that will be beneficial to inmates
				upon their release. The visiting, family reunion, correspondence, privileged
				correspondence and phone call programs are described in Parts 201, 220, 720,
				721 and 723 of this Title, respectively.
(b) An inmate may at any reasonable time
				address a written communication to the superintendent or the commissioner. When
				an inmate makes a request for permission to write such a communication, the
				responsible employee to whom the request is made shall supply the inmate with
				necessary writing materials and an envelope; allow the inmate to write his
				communication in privacy, and forward it promptly to the addressee.
(c) Inmates are to be afforded pastoral
				visiting opportunities upon request. It shall be the responsibility of the
				chaplain to determine whether his/her immediate attention is
				required.
(d) An inmate confined to
				a cell or room for more than 30 days pursuant to Part 254 of this Title shall
				be limited to one non-legal visit per week. However, the inmate's visitation
				privileges may be subject to further restriction under this Title in accordance
				with:
(1) an administrative action under Part
				201 of this Title;
(2) a
				disciplinary disposition under Chapter V of this Title; or
(3) special precautions applicable to inmates
				to SHU under section
				302.2(i)(1) 
				of this Title.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.8 - Food

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Food must be
				nourishing and palatable, of a sufficient caloric intake as recommended by the
				Director of Nutritional Services.
(b) Variety in the weekly menu must be
				afforded.
(c) Inmates may refrain
				from eating those food items served to the general population which are
				contrary to their religious beliefs. An inmate may petition the directors of
				ministerial, family and volunteer, and nutritional services for provision of a
				nutritionally adequate alternative diet consistent with his or her religious
				beliefs.
(d) Therapeutic diets may
				be specified by the director of facility health services when
				appropriate.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1704 - Minimum Provisions For Health And Morale › Section 1704.9 - Other minimum provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following items shall be provided for each inmate:
(1) standard issue of clothing as per
				department directives concerning inmate clothing;
(2) utensils and supplies for daily cell
				cleaning; and
(3) writing materials
				(paper, pen or pencil, envelopes).
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1705 - Body Imaging Scanning Equipment › Section 1705.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part shall be to ensure that body imaging scanning
											  equipment is used in correctional facilities to prevent the entry of contraband, in a manner that ensures the
											  safety and security of incarcerated individuals, visitors and employees.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1705 - Body Imaging Scanning Equipment › Section 1705.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) Body imaging scanning equipment shall mean equipment that utilizes a
										low dose of ionizing radiation to produce an anatomical image capable of detecting objects placed on,
										attached to, or secreted within a person's body.
(b) Employee
										shall mean any individual employed by the department, outside agency, volunteer or service
										provider.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1705 - Body Imaging Scanning Equipment › Section 1705.3 - General use of body imaging scanning equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall ensure that
										the installation, registration, recordkeeping, maintenance, operation and inspection of any body imaging
										scanning equipment utilized in a state correctional facility shall comply with the regulatory requirements
										promulgated by the Department of Health.
(b) An individual who is
										pregnant shall not be subject to body imaging scanning equipment at any time.
(c) Procedures for identifying pregnant individuals shall be implemented by
										the department, consistent with applicable Department of Health regulations.
(d) Body imaging scanning equipment may not be used for medical
										examinations or to diagnose an illness or injury.
(e) Absent
										exigent circumstances, all body scans must be conducted by an officer of the same sex as the individual being
										scanned. Individuals who are transgender or intersex may request that they be scanned by an officer of a
										specific gender.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter X - Facility Administration › Part 1705 - Body Imaging Scanning Equipment › Section 1705.4 - Body Imaging Scanning of Employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees may randomly be processed utilizing
										the body imaging scanner when entering a facility or when directed as part of an official investigation. Any
										employee who declines to undergo body imaging scanning will be excluded from being scanned and will be
										processed in accordance with Directive #4936, "Search of DOCCS Employees," unless security considerations
										warrant otherwise.
(b) Any employee who is pregnant, has a medical
										condition, or declines to undergo body imaging scanning will be excluded from being scanned and will be
										processed in accordance with Directive #4936, "Search of DOCCS Employees," unless security considerations
										warrant otherwise.
(c) No employee who chooses to be searched by
										an alternative method in lieu of body imaging scanning shall be subjected to any form of harassment,
										intimidation, or disciplinary action.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The rules and regulations set forth in this Part govern the
				  administration of the department's shock incarceration
				  program.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
There is a present need to provide to selected young inmates
				  a special six-month program of shock incarceration, stressing a highly
				  structured routine of discipline, intensive regimentation, exercise and work
				  therapy, together with substance abuse workshops, education, prerelease
				  counseling and self-improvement counseling. If an inmate successfully completes
				  the shock incarceration program, he or she will be eligible for parole release
				  and will be awarded a certificate of earned eligibility pursuant to Correction
				  Law, sections
				  805 and 807.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.3 - Composition and function of the shock incarceration selection committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				superintendent of designated shock incarceration facilities shall appoint a
				shock incarceration selection committee, which shall meet at least once weekly
				to review applications for the shock incarceration program.
(b) Eligible inmates may make application to
				the shock incarceration selection committee for permission to participate in
				the shock incarceration program.
(c) If the shock incarceration screening
				committee determines that an inmate's participation in the shock incarceration
				program is consistent with the safety of the community, the welfare of the
				applicant and the selection criteria for the program, the committee shall
				forward the application to the commissioner or his designee for approval or
				disapproval.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.4 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An inmate
				sentenced to an indeterminate term of imprisonment may apply for participation
				in the shock incarceration program if the inmate meets all of the following
				requirements:
(1) has not reached 40 years of
				age;
(2) will become eligible for
				release on parole within three years;
(3) unless already provided, has agreed to
				provide a DNA sample for forensic analysis;
(4) has not previously been convicted of a
				felony upon which an indeterminate term of imprisonment was imposed;
				and
(5) was at least 16 but less
				than 40 years of age at the time of commission of the crime upon which his or
				her present sentence was based.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.5 - Transfer

Current through Register Vol. 46, No. 28, July 10, 2024
Inmates will be given preliminary screening at reception
				  centers to determine if they meet the statutory eligibility criteria for
				  participation in the shock incarceration program. Selected inmates may then be
				  transferred to designated shock incarceration facilities for final screening
				  and approval for program participation.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.6 - Program structure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				General. Shock incarceration is an alternative form of correctional life
				stressing a highly structured and regimented daily routine which includes
				extensive discipline and counseling. The program is designed to be a
				resocialization and learning period, with inmates expected to participate in
				considerable physical work, exercise and therapeutic programs.
(b) The daily inmate schedule at each shock
				incarceration facility will include an early morning regimen of physical
				training, military style drilling, and cleaning of residence areas, a complete
				workday, daily group meetings, high school equivalency education, substance
				abuse counseling and organized physical recreation.
(c) Evaluations.
(1) Inmates will be frequently evaluated, in
				order to obtain an objective assessment of the inmates' progress in the shock
				incarceration program.
(2) Each
				inmate will be evaluated daily by his drill instructor and work supervisor.
				Inmates will be evaluated weekly by their academic/vocational teacher, drug
				counselor, recreation leader and network officer. The evaluations will be based
				on indicators which reflect program expectations.
(3) The evaluations will be reviewed at least
				monthly by supervisors and department head. A monthly review summary sheet will
				be completed, to be forwarded to the inmate's facility file, to be available to
				the parole board prior to release. All unsatisfactory determinations will be
				forwarded to the superintendent's committee for a final recommendation
				concerning the inmate's continuation in the shock incarceration
				program.
(4) The inmate's final
				review must be at least satisfactory in order for the inmate to successfully
				complete this program.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.7 - Discipline

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Inmates are
				expected to adhere to strict standards of discipline within the shock
				incarceration correctional facility. After orientation, inmates will be
				expected to know and comply with the rules and regulations of the shock
				incarceration program.
(b) The
				following standardized procedures will be complied with:
(1) stand-up count procedures;
(2) living areas clean at all
				times;
(3) laundry completed in a
				timely manner;
(4) mandatory
				attendance at all scheduled activities; and
(5) no disrespect or disobedience to lawful
				orders will be tolerated at any time.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.8 - Shock incarceration grooming standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All incoming shock inmates will have a
				haircut on the first day in the facility. Haircuts will be military style, 1/4"
				in length and completely trimmed around the ears.
(b) All shock inmates are required to be
				clean-shaven each day. No facial hair is allowed.
(c) Shock inmates' hair will be allowed to
				grow after the first haircut, but must be maintained and cut to a maximum on
				top of one-half inch for males and one and one half inches for females. Ears
				are to show at all times. Hair will be kept combed and neat.
(d) Fingernails and toenails will be kept
				clipped and clean at all times.
(e)
				Every shock inmate will take one shower every day. All other personal hygiene
				is to be attended to on a daily basis.
(f) Shock inmate boots are to be kept
				polished with laces threaded to the top of the boot and boots worn whenever
				leaving the building or during class and inspection. Pants are to be kept neat
				and pressed. No cuffs allowed. Shirts are to be tucked inside the pants at all
				times and edge of shirt is to be in line with edge of pants fly. Caps are to be
				worn when outside only.
(g) Every
				shock inmate will be fully dressed between the hours of 5:30 a.m. and 9:30 p.m.
				On free time or time off, pants and shirts are to be worn at all
				times.
(h) There will be no writing
				or printing allowed of any kind that shows on the clothing. Shirts are to be
				marked with shock inmate's DOCS number on the inside of the neck collar and
				name and number on the shirt.
(i)
				No combs or other items will be allowed in pants pockets where they can be
				seen. Only pens, pencils, eyeglasses, I.D. cards and/or cigarettes are to be
				carried in shirt pockets.
(j) Shock
				inmates may wear tennis shoes or sneakers for physical training or organized
				sports.
(k) Jewelry will be limited
				to one wedding ring and one religious medal.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XI - Shock Incarceration › Part 1800 - Shock Incarceration Program › Section 1800.10 - Removal from shock incarceration program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An inmate's privilege to continue to
				participate in the shock incarceration program may be revoked at the sole
				discretion of the commissioner or his designee, the deputy commissioner for
				facility operations or the director of shock development or upon recommendation
				of the shock incarceration correctional facility's superintendent's committee.
				The superintendent's committee shall consist of at least three persons
				appointed by the superintendent and approved by the deputy commissioner for
				facility operations.
(b) Procedure
				before superintendent's committee. Upon receiving a request to review a
				participant's unsatisfactory or deteriorating adjustment in the shock
				incarceration program, the chairperson of the superintendent's committee will
				evaluate the referral and schedule a meeting of the superintendent's committee
				in accordance with the urgency of the referral. If the inmate has not had a
				disciplinary violation sustained via a disciplinary hearing pursuant to Part
				253 or 254 of this Title, the inmate shall be interviewed by the committee.
				This interview may be by telephonic means if, for security reasons, the inmate
				has already been transferred to another correctional facility. The purpose of
				this interview is to give the inmate the opportunity to discuss his program
				participation. The chairperson shall give the inmate a written statement of the
				reasons for his referral to the superintendent's committee and a written record
				shall be made of the inmate being served with this notice.
(c) Post-disciplinary hearing cases. The
				disciplinary hearing officer at either a Tier II or Tier III hearing may, as a
				disposition, refer an inmate's case to the superintendent's committee for
				review. In such cases, the superintendent's committee shall make a
				recommendation to the superintendent concerning whether the inmate will be
				removed from the program after review of the disciplinary hearing and any other
				materials the committee deems appropriate to review. The chairperson shall
				forward to the superintendent a written statement of such
				recommendation.
(d) Voluntary
				removal. At any time an inmate may request in writing to be removed from the
				shock incarceration program. Such request will be processed as a transfer
				request. The requesting inmate will be transferred to a general confinement
				correctional facility to continue the court-imposed sentence.
(e) Any inmate who is eligible for the shock
				incarceration program who chooses not to participate in it, or who is removed
				from the program will be considered ineligible for participation in the
				temporary release program, unless the reason for the removal was due to an
				intervening circumstance beyond the control of the inmate.
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 1900.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The rules and regulations set forth in this Part govern the
					 administration of the department's temporary release program.
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 1900.2 - Composition and function of the temporary release committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  institution having a potential body of inmates who could qualify for temporary
				  release programs shall have a temporary release committee. The temporary
				  release committee shall be composed of a chairperson at salary grade 22 or
				  above, unless otherwise authorized, and two staff members from either community
				  supervision, program services, or security, unless otherwise
				  authorized.
(b) The chairperson,
				  two committee members, and no more than three alternates (unless otherwise
				  authorized) for each of the three committee positions shall be nominated by the
				  superintendent and shall be subject to approval by the commissioner or his/her
				  designee. One of the two members shall also be designated as an alternate
				  chairperson. Members shall continue service at the pleasure of the
				  commissioner. To assure familiarity of members of the committee with the
				  process and consistency in decisionmaking, changes in the membership of the
				  committee shall not be made frequently and only with the approval of the
				  commissioner or his/her designee.
(c) The temporary release committee shall
				  meet at least once a week, unless otherwise authorized by the director of
				  temporary release, in a formal meeting for the consideration of temporary
				  release applications. Three committee members (including the chairperson) shall
				  be present at each temporary release committee meeting.
(d) The chairperson shall be responsible for
				  all administrative duties and the functioning of the temporary release
				  committee. The chairperson shall participate in committee selection decisions
				  as a voting member.
(e) Once a
				  year, the entire facility temporary release committee membership must be
				  submitted to the Director of temporary release for approval of the commissioner
				  or designee.
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 1900.3 - Types of temporary release

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Leave
				  of absence.
Any inmate may apply for this program regardless of time
					 criteria, as long as all other eligibility requirements are satisfied. A
					 minimum score of 30 is necessary for participation for a leave of absence. With
					 the exception of the point score requirement, the commissioner reserves the
					 right to waive all eligibility requirements for a leave of absence, unless
					 otherwise prohibited by the Correction Law. A leave of absence lets an inmate
					 leave an institution:
(1) to visit
				  his/her spouse, child, brother, sister, grandchild, parent, grandparent or
				  ancestral aunt or uncle during his or her grave illness when death appears to
				  be imminent. (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.);
(2) to attend a funeral of such individual;
				  or
(3) to undergo surgery or to
				  receive medical, mental health or dental treatment not available in the
				  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/her designated representative. A temporary release programs medical leave
				  of absence form 4188 must be completed and signed by the facility health
				  services director.
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 1900.5 - Central office review procedures and policies

Current through Register Vol. 46, No. 28, July 10, 2024
Director, temporary release programs.
(a) Upon receipt by central office of a
				  temporary release application form, inmates within the aforementioned central
				  office review categories, the director of temporary release programs and his
				  staff shall review requests, and when he or a member of his staff concurs with
				  the decision of the temporary release committee and the superintendent, he,
				  when applicable, shall transmit that application to the commissioner who shall
				  then review the application in accordance with the procedure hereinafter
				  described in this directive.
(b)
				  When statutory applications are approvable by the central office reviewer, he
				  shall transmit to the commissioner the summary prepared by the temporary
				  release committee, the superintendent's endorsement, the criminal history
				  summary, the temporary release decision guidelines, and the recommendation of
				  the central office staff.
(c)
				  Statutory and special review cases shall require central office temporary
				  release program staff to not only review each application to assure compliance
				  with program guidelines and policy, but such monitoring shall be a review of
				  the file to determine that the release decision is consistent with the welfare
				  of the inmate, the safety of the community, and the general purposes of section 851  of the Correction Law. Where the review
				  by central office temporary release program staff reveals a lack of compliance
				  with the guidelines or that the decision to permit the inmate to participate in
				  a temporary release program is inconsistent with the welfare of the inmate, the
				  safety of the community, or the general purpose of section 851  of the Correction Law, the application
				  shall be disapproved. Such disapprovals shall be appealable in accordance with
				  the relevant provisions provided for in section
				  1900.6  of this
				  Part.
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 1900.6 - Appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An inmate
				  may appeal the following kinds of negative decisions:
(1) point scores;
(2) decision of the superintendent;
(3) decision of TRC (including presumptive
				  CASAT); and
(4) decision of central
				  office reviewer.
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 1900.10

Current through Register Vol. 46, No. 28, July 10, 2024
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 1900.15

Current through Register Vol. 46, No. 28, July 10, 2024
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 1900.20

Current through Register Vol. 46, No. 28, July 10, 2024
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 1902 - MEMORANDUM OF AGREEMENT › Section 1902.1 - Memorandum of agreement rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
In order for an inmate applicant to accept any temporary
					 release program, such inmate shall, prior to being released to such program,
					 agree to be bound by the following rules and regulations, and such other
					 special conditions as may be necessary in a given circumstance:
STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY
					 SUPERVISION
RULES AND REGULATIONS GOVERNING TEMPORARY RELEASE
					 PROGRAMS
Facility __ Inmate name __ DIN
					 __.............................................................................
I understand that participation in a temporary release
					 program is a privilege which may be terminated when the temporary release
					 committee believes my participation to be inconsistent with the welfare and
					 safety of the community and/or integrity of the program. I will abide by the
					 conditions specified in this agreement and all other conditions and
					 instructions given to me by any representative of the Department of Corrections
					 and Community Supervision, and will be subject to disciplinary proceedings
					 and/or program removal for failure to do so.
1. I will abide by the standards of inmate
				  behavior (institutional rule book).
2.
(a) I
				  will proceed directly to the place to which I have been temporarily released
				  and designated on my signed memorandum of agreement contract.
(b) If I am participating in the furlough or
				  leave of absence program, I will call the area community supervision office
				  and/or my assigned correctional facility as indicated in my memorandum of
				  agreement contract on the first day of my leave or as indicated and arrange for
				  my report to that office if so instructed.
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 1903 - Continuous Temporary Release Programs › Section 1903.2 - Procedures for the operation of continuous temporary release programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Transfer.
(1) An inmate may not be
											  transferred to another correctional facility for continuous temporary release programming unless his care has
											  first been approved for such programming by the director of temporary release programs. Under no
											  circumstances shall the director of classification and movement issue transfer orders to have inmates
											  transferred to another correctional facility for continuous temporary release programming unless that inmate
											  has first been approved for such programming by the director of temporary release programs.
(2) Any inmate transferred to a facility, who is approved for participation
											  in a continuous temporary release program at the receiving facility, will have his release clothing issued at
											  the transferring facility. That facility will send the clothing to the receiving facility on the same bus
											  with the inmate and his other property.
(3) Prior to allowing an
											  inmate to be transferred, the transferring facility's temporary release committee chairperson must check the
											  inmate's record to ascertain whether or not any changes in the inmate's record would cause recision of
											  approval as outlined in section
											  1901.1(d)  
											  of this Title.
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 1904.2 - Removal procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  facility employee of the Department of Correctional Services or the Division of
				  Parole who is assigned to the facility where the inmate is confined and who has
				  knowledge of an inmate's unsatisfactory adjustment may file a written statement
				  to the chairperson of the temporary release committee requesting that the
				  committee review the inmate's adjustment to the Temporary Release Program. Upon
				  completion of its review, the committee will forward a recommendation regarding
				  the inmate's continued participation to the facility superintendent.
(b) If a temporary release inmate violates
				  any provision of the program, or any rule or regulation promulgated by the
				  commissioner for conduct of inmates participating in temporary release
				  programs, such inmate shall be subject to disciplinary measures to the same
				  extent as if he or she violated a rule or regulation of the commissioner for
				  conduct of inmates confined in a general confinement facility.
(c) An inmate who is considered a security
				  risk may be immediately transferred to a more secure correctional facility
				  prior to the initiation of disciplinary proceedings or an appearance before the
				  temporary release committee if:
(1) he is
				  violent;
(2) he presents a danger
				  to himself, to others, to property or to facility security;
(3) there is an immediate threat to his
				  safety;
(4) there is reasonable
				  cause to believe that he may try to abscond; or
(5) the inmate has been arrested.
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 1904.4 - Appeal of removal from temporary release program

Current through Register Vol. 46, No. 28, July 10, 2024
An inmate may appeal the decision to remove him from a
					 continuous temporary release program by completing the appropriate form and
					 submitting it to the central office director of temporary release.
(a) The appeal must be submitted within 30
				  days of the inmate's receipt of the superintendent's decision to remove him
				  from program.
(b) Upon the request
				  of central office temporary release programs, the superintendent will transmit
				  a copy of form 4187 and all supporting documentation to the director of central
				  office temporary release programs.
(c) The central office director of temporary
				  release will render a final decision within 60 days of receipt of the
				  appeal.
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 1904.5 - Parole board action affecting temporary release participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notification.
(1) The senior parole officer at a facility
				  will immediately notify the TRC chairperson of any board decisions concerning
				  continuous TRP participants who have met the board and have been ordered held
				  for some period of time, so that the committee may make a prompt decision as to
				  whether or not a participant should continue to participate in TRP. Whenever
				  possible, the senior parole officer should give the TRC chairperson the
				  reason(s) for the inmate's being held to appear before a later meeting of the
				  board.
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 1905 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 1910 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 1915 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 1920 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.1 - In general

Current through Register Vol. 46, No. 28, July 10, 2024
The rules and regulations set forth in Subchapter B govern
					 the administration of the department's residential treatment facility day
					 reporting center program. Day reporting center programs may only be established
					 at correctional facilities classified as residential treatment
					 facilities.
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.2 - Criteria for participation in a day reporting center program

Current through Register Vol. 46, No. 28, July 10, 2024
A day reporting center program under which an eligible and
					 approved inmate who:
(a) has
				  successfully participated in a work release program;
(b) has successfully completed furloughs to
				  an approved residence; and
(c) is
				  within six months of becoming eligible for parole or, who has one year or less
				  to be served under his sentence, is assigned from a work release facility to a
				  residential treatment facility to participate in a program regimen which shall
				  consist of continued employment, reporting to the facility and/or other
				  designated reporting locations during certain prescribed periods of time while
				  residing at an approved residence, frequent urinalysis and, where appropriate,
				  participation in alcohol and substance abuse treatment programs or other
				  programs of rehabilitation. An inmate may only be assigned to the day reporting
				  program by the superintendent of the work release facility where the inmate is
				  currently located.
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.3 - Criminal history criteria

Current through Register Vol. 46, No. 28, July 10, 2024
No inmate shall be permitted to participate in a day
					 reporting program if his underlying criminal conviction was for an A-1 felony
					 offense, or an offense defined in article 130 of the Penal
					 Law.
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.15 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.20 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.25 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.30 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1925 - Criteria For Residential Treatment Facility Day Reporting Center Program › Section 1925.35 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1926 - MEMORANDUM OF AGREEMENT AND DAY REPORTING RULES › Section 1926.1 - In general

Current through Register Vol. 46, No. 28, July 10, 2024
Before an inmate may participate in a day reporting
					 program, he must sign both a memorandum of agreement (MOA) and a copy of the
					 day reporting rules contained in section
					 1926.3  of
					 this Part, including any special conditions as may be necessary in a given
					 circumstance.