New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.7 - Procedures for committee considering an application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Resident application. A resident may
				  apply for a temporary release program by filling out the Application to
				  Temporary Release Committee form, indicating the type of temporary release for
				  which he wishes to apply and his reasons for applying.
(b) Preliminary review for eligibility. Upon
				  receiving an Application to Temporary Release Committee form, the interviewer
				  shall review the resident's file to determine whether the resident is eligible
				  to participate in the temporary release program, using the criteria set out in
				  section 179-3.6(a) of this
				  Subpart. All subsequent steps shall be recorded on the appropriate
				  forms.
(c) Review for suitability.
				  The interviewer also shall evaluate the applicant for suitability, using the
				  criteria set out in section
				  179-3.6(b) of this
				  Subpart. The interviewer shall indicate the results of his evaluation on the
				  Application Evaluation form. The interviewer shall preliminarily screen for
				  offenses involving the use or threatened use of a weapon, infliction of a
				  serious physical injury upon another, or a sexual offense involving forcible
				  compulsion. Serious physical injury means physical injury which creates a
				  substantial risk of death, or which causes death or serious and protracted
				  disfigurement, protracted impairment of health or protracted loss or impairment
				  of the function of any bodily organ. If the applicant has committed one or more
				  of these offenses, the interviewer shall indicate such by checking the
				  statutory review box on the Application Evaluation form for the special
				  attention of the director of temporary release programs and the director of the
				  division.
(d) Notice to resident.
				  The interviewer shall notify the resident, via the Notification to Resident
				  form, of the results of the preliminary review. If the resident is ineligible
				  to participate in the temporary release program, he for ineligibility include,
				  but are not limited to: statutory ineligibility, outstanding warrants, a
				  serious disciplinary action, escape or absconding, attempted escape or
				  absconding, or improper temporary release purpose. If the resident is eligible
				  to participate in the temporary release program, he shall be notified of the
				  time of his interview.
(e)
				  Interviewer meets with resident. After evaluating the application for
				  suitability, the interviewer shall meet with the resident to explain the
				  evaluation process and the preliminary results. Any dispute about information
				  used in evaluating the application shall be noted by the interviewer. If there
				  is no indication in the files that the information is inaccurate, the resident
				  should be asked to provide some evidence that the information in the file is
				  wrong. However, if it appears that the information in the file may be incorrect
				  and it also appears that the resident might have some difficulty in obtaining
				  the correct information, the interviewer should attempt to verify the
				  information.
(f) Schedule resident
				  meeting with temporary release committee. If the applicant is eligible to
				  participate in the temporary release program, an interview for the resident
				  with the temporary release committee will be scheduled. The chairperson shall
				  notify the resident of the meeting via the Notification to Resident form.
				  Copies of the notification shall be provided to all appropriate
				  parties.
(g) Appearance before the
				  temporary release committee and notice of decision.
(1) Review of the resident's facility file.
				  When examining the file, the committee shall carefully review the placing
				  offense(s). In the case of a crime of violence, attention should be paid to the
				  resident's participation in the crime, whether serious physical injury
				  resulted, and any use of a weapon.
(2) Temporary release committee
				  recommendation. After meeting with the resident, the temporary release
				  committee will either recommend approval of or disapprove the application for
				  temporary release. The committee's decision shall be made at a meeting of the
				  full committee. In making its decision, the committee should center its
				  attention on the interview, documents in the facility record, Application
				  Evaluation form and specific recommendations of staff. The committee shall also
				  take into account any other factors which it finds significant.
(3) Standard for referral. In general, the
				  applicant's ability to profit from participation in temporary release should be
				  weighed against whatever risk his release would pose to the community or the
				  program. A resident should be denied temporary release if his presence in the
				  community would pose an unwarranted threat to his own or public safety, or if
				  there is substantial evidence to indicate the resident cannot successfully
				  complete his requested temporary release program.
(4) Disapproval of the application. If the
				  committee decides not to approve an application, the resident shall be so
				  notified and provided with a statement of the reasons. No further action shall
				  be taken regarding the application. Should the case warrant, the resident may
				  be advised not to reapply for the program requested because he is not suitable
				  for such a program. Disapproval of an application by the temporary release
				  committee shall be appealable pursuant to section
				  179-3.9 of this Subpart.
(5) Approval.
(i) A decision to recommend approval of an
				  application must be approved by a majority vote of the committee. If the
				  temporary release committee recommends approval of a resident's application,
				  the resident's temporary release file, including a memorandum setting forth the
				  proposed temporary release program and, where appropriate, stipulating the
				  extended bounds of confinement, shall be forwarded to the facility
				  director.
(ii) If, at any stage in
				  the approval process, new or additional information becomes available
				  concerning the resident's eligibility or suitability, the temporary release
				  committee chairperson shall review that information for its impact on the
				  temporary release committee's decision. If necessary, the temporary release
				  committee shall be reconvened, the new information reviewed, the resident
				  interviewed, and an updated decision rendered. Such information and decision
				  shall be incorporated into the resident's temporary release file.