reglab/statecodes huggingface dataset:
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 1926.2 - Memorandum of agreement (moa)

Current through Register Vol. 46, No. 28, July 10, 2024
The MOA must be signed by the inmate and approved in
					 accordance with the same procedures in effect for TRP memoranda of
					 understanding, as set forth in section
					 1902.1  of
					 this Title.
(a) The day reporting MOA
				  shall contain the following information where applicable and any other
				  information which may be applicable to the inmate's particular day reporting
				  program:
(1) day reporting facility name,
				  inmate name, department identification number, NYSID number;
(2) type of day reporting program and initial
				  work date, if any;
(3) residence,
				  residence telephone number, inmate's relationship to resident;
(4) inmate's extended bounds of confinement;
				  and
(5) area parole office,
				  assigned parole officer and correction counselor.
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 1926.3 - Day reporting rules

Current through Register Vol. 46, No. 28, July 10, 2024
In order for an inmate applicant to be accepted into a day
					 reporting program, the 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 RESIDENTIAL TREATMENT
					 FACILITY
DAY REPORTING CENTER PROGRAM
Facility __ Inmate Name __ DIN
					 __..........................................................................................
I understand that participation in a residential treatment
					 facility day reporting center program and participation in a temporary release
					 program is a privilege which may be terminated when the superintendent and
					 temporary release committee believes my participation to be inconsistent with
					 the welfare or safety of the community and/or integrity of the program. I will
					 abide by the conditions specified previously and in this agreement and all
					 other conditions and instructions given to me by any representatives 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 not travel outside my approved geographical area as specified in my
				  memorandum of agreement contract without the written approval of my offender
				  rehabilitation coordinator, parole officer, temporary release committee and
				  superintendent.
(b) I will not
				  leave the State of New York. In the event that I leave the jurisdiction of the
				  State of New York, I hereby waive my right to resist extradition to the State
				  of New York from any state/district in the Union and from any territory or
				  country outside of the United States.
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 1927 - Operating And Removal Procedures › Section 1927.1 - Employment verification

Current through Register Vol. 46, No. 28, July 10, 2024
A day reporting center MOA will include the inmate's
					 employer's name, address and telephone number, the inmate's extended bounds of
					 confinement (the most direct routes to and from work, the reporting locations
					 and, where applicable, locations where programs of rehabilitation are provided
					 as well as the day, time, and schedule of such programs), the salary or stipend
					 the inmate will earn or receive, and information specifying the location of the
					 approved residence.
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 1927 - Operating And Removal Procedures › Section 1927.2 - Motor vehicle use

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of sections
					 1902.1
					 and
					 1903.2 
					 of this Title relating to the licensure and ownership of motor vehicles for
					 inmates participating in continuous temporary release shall apply to inmates
					 participating in a day reporting 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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1927 - Operating And Removal Procedures › Section 1927.3 - Inmate wages

Current through Register Vol. 46, No. 28, July 10, 2024
The earnings of a day reporting inmate shall be retained by
					 the inmate without being turned over to the superintendent or his designee. The
					 superintendent or his designee shall document and retain all relevant
					 information regarding payroll deductions. Notwithstanding the foregoing, in the
					 event that a day reporting inmate owes money to the department, the
					 superintendent or his designee shall apply the provisions of Part 1903 of this
					 Title, relating to work release financial procedures until such money is
					 repaid.
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 1927 - Operating And Removal Procedures › Section 1927.4 - Approved residence

Current through Register Vol. 46, No. 28, July 10, 2024
The approved residence at which an inmate participating in
					 a day reporting program is permitted to reside shall be the same residence such
					 inmate was previously furloughed to pursuant to Part 1903 of this Title, unless
					 a different residence is approved by the director of TRP or his
					 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 B - RESIDENTIAL TREATMENT FACILITY DAY REPORTING CENTER PROGRAM › Part 1927 - Operating And Removal Procedures › Section 1927.5 - Removal from day reporting program

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 1904 of this Title relating to
					 removal from TRP programming shall apply to inmates participating in a day
					 reporting program, except that, only the superintendent of the residential
					 treatment facility shall have the authority to direct the removal of an inmate
					 from the day reporting 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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 1950 - General Provisions › Section 1950.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the policies and procedures governing
					 the comprehensive alcohol and substance abuse treatment program (CASAT). The
					 purpose of CASAT is to prepare chemically dependent inmates for return to the
					 community, to reduce recidivism by providing education and counseling focused
					 on continued abstinence from all mood altering substances, and to encourage
					 participation in self-help groups.
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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 1950 - General Provisions › Section 1950.2 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
To ensure a maximum benefit for the chemically dependent
					 inmate, a CASAT program has been developed to assist these inmates in preparing
					 for a successful transition to their families and communities upon release. The
					 program design provides the sustained support and services necessary for an
					 inmate's successful community reintegration. CASAT provides a three-phase
					 continuum of intensive therapy programs:
(a) Phase 1 -- provided in a facility setting
				  in an alcohol and substance abuse treatment correctional annex;
(b) Phase 2 -- a transitional period in a
				  community reintegration component, which would include transfer to a work
				  release facility for employment and placement in appropriate community-based
				  programs, either in-house or on an out-patient basis, or participation in a
				  residential treatment facility day reporting center program, or other
				  employment and program arrangements recommended by the community-based
				  treatment provider;
(c) Phase 3 --
				  an aftercare component in the community under parole supervision, which will
				  provide for an orderly community transition for participants granted release by
				  the parole 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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 1950 - General Provisions › Section 1950.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) Eligible inmate. An inmate who:
(1) is within 12-24 months to earliest
				  release;
(2) has a documented
				  history of drug and/or alcohol abuse; Preference will be given to inmates who
				  have participated in ASAT programming, however, ASAT participation is not an
				  essential prerequisite;
(3) unless
				  already provided, has agreed to provide a DNA sample for forensic
				  analysis;
(4) is in good health and
				  is able to participate actively in the program; and
(5) is eligible for presumptive work release
				  approval contingent upon successful completion of Phase I of the CASAT program,
				  or work release approval;
(i) parole board
				  action may or may not adversely affect an inmate's continued eligibility for
				  CASAT;
(ii) an inmate who has
				  already been screened for CASAT and has received presumptive work release
				  approval should not be automatically removed from the CASAT pool or denied
				  transfer orders based on parole board action. The inmate's status shall be
				  reviewed to determine if continued placement in program is
				  appropriate;
(6) no
				  inmate shall be considered eligible for participation in the CASAT program if
				  the inmate:
(i) was eligible to participate
				  in the shock incarceration program and chose not to participate in that
				  program; or
(ii) entered the shock
				  incarceration program but failed to successfully complete the program for any
				  reason other than 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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 1951 - Casat Screening Procedure › Section 1951.1 - General confinement facility screening procedure

Current through Register Vol. 46, No. 28, July 10, 2024
These procedures apply to inmates at maximum, medium and
					 minimum correctional facilities, including shock incarceration facilities. In
					 order for an inmate to participate in the CASAT program, the inmate must meet
					 the basic program requirements, and be eligible for presumptive work release
					 approval contingent upon successful completion of Phase I of the CASAT program,
					 or be approved for work release.
(a)
				  Identification of eligible inmates. Each month the senior correction counselor
				  will identify the pool of time eligible inmates, who have not previously been
				  screened for CASAT eligibility, and will insure that these inmates are screened
				  for CASAT by the appropriate counselor. When an inmate is disqualified from
				  participation in shock incarceration, the senior counselor will immediately
				  determine whether the inmate is time eligible for CASAT. If the inmate is time
				  eligible, he should be immediately screened for CASAT.
(b) Initial screening. Correction counselors
				  will use form K-17, the CASAT Checklist, to screen for CASAT
				  eligibility.
(c) Work release
				  approval or presumptive work release approval. Prior to placement in a CASAT
				  annex, an inmate must receive either work release approval or presumptive work
				  release approval.
(1) With the exception of
				  the point score requirement, an inmate's temporary release screening for CASAT
				  participation will be done in accordance with the provisions of Subchapter A of
				  this Chapter.
(2) Point scores will
				  be completed for all inmates being screened for CASAT. An inmate who does not
				  meet the point score requirement for work release approval shall be reviewed
				  for presumptive work release approval.
(3) Point scores are deemed to be waived for
				  presumptive work release approval, based upon satisfactory completion of Phase
				  I of the CASAT program.
(4) An
				  inmate may only be deemed unsuitable for presumptive work release approval
				  based upon his:
(i) crime of
				  commitment;
(ii) criminal
				  history;
(iii) custodial
				  adjustment; or
(iv) outstanding
				  warrants/detainers.
(5)
				  The temporary release chairperson will schedule the inmate for an appearance
				  before the facility temporary release committee. The committee will determine
				  if the inmate is suitable for work release, or is suitable for presumptive work
				  release approval contingent upon successful completion of the CASAT Phase I
				  program component.
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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 1951 - Casat Screening Procedure › Section 1951.2 - Central office temporary release review

Current through Register Vol. 46, No. 28, July 10, 2024
Central office temporary release will review the inmate's
					 suitability for work release or presumptive work release, pursuant to the
					 provisions of Part 1900 of this Title. However, an inmate may only be deemed
					 unsuitable for presumptive work release approval based upon one or more of the
					 following criteria:
(a) crime of
				  commitment;
(b) criminal
				  history;
(c) custodial adjustment;
				  or
(d) outstanding
				  warrants/detainers.
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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 1951 - Casat Screening Procedure › Section 1951.3 - Appeal procedure

Current through Register Vol. 46, No. 28, July 10, 2024
An inmate who has been determined to be unsuitable for
					 presumptive work release approval may appeal the decision to central office
					 temporary release.
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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 1952 - Central Office Temporary Release Referrals › Section 1952.1 - Central office temporary release referrals

Current through Register Vol. 46, No. 28, July 10, 2024
If an inmate, who has applied for work release, has been
					 found to be unsuitable because he is in need of alcohol and/or substance abuse
					 programming, central office temporary release will so indicate on the denial
					 notice sent to the facility temporary release chairperson and the inmate. The
					 inmate should then immediately be screened for CASAT eligibility and
					 presumptive work release approval.
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 C - Comprehensive Alcohol And Substance Abuse Treatment Program › Part 2000 - 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 XXI - Earned Eligibility Program › Part 2100 - Earned Eligibility Program › Section 2100.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the policies and procedures governing
				  the earned eligibility program. Consideration for this program is available to
				  any inmate serving an indeterminate sentence with a minimum term of not more
				  than eight years.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXI - Earned Eligibility Program › Part 2100 - Earned Eligibility Program › Section 2100.2 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The earned
				eligibility program is based upon the premise that an incarcerated individual
				who has successfully participated in appropriate programs will have an
				increased likelihood of making a successful transition to the community upon
				release. The program recognizes that many inmates are motivated to achieve a
				positive change in their lives, that the programs and services offered by the
				department can help individuals to prepare to live law abiding lives in the
				community, and that program plans can assist and guide inmates in preparing for
				their release.
(b) An eligible
				inmate who successfully participates in appropriate programs prior to his
				scheduled parole board (hereinafter the board) appearance shall be eligible to
				be issued a certificate of earned eligibility (hereinafter certificate) in the
				discretion of the commissioner. An inmate who has been issued a certificate
				shall be granted parole release by the board unless the board determines that
				there is a reasonable probability that, if the inmate is released, he will not
				live and remain at liberty without violating the law and that his release is
				not compatible with the welfare of society. Any action taken by the
				commissioner pursuant to this Part shall be deemed a judicial function and
				shall not be reviewable if done in accordance with law.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXI - Earned Eligibility Program › Part 2100 - Earned Eligibility Program › Section 2100.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part:
(a) Eligible inmate means an inmate who is
				serving an indeterminate sentence with a minimum term of eight years or
				less.
(b) Work and treatment
				program means the program(s) and/or work assignment(s) recommended or assigned
				by the inmate's correction counselor or the facility program committee, and any
				other approved independent or voluntary program in which the inmate may
				participate during his period of incarceration.
(c) Certificate means a certificate of earned
				eligibility which the commissioner may, in his discretion, issue to an eligible
				inmate prior to his board appearance if it is determined that the inmate has
				successfully participated in appropriate programs.
(d) Noncertifiable status means the status
				granted to those eligible inmates who through no fault of their own have been
				unable to participate in programs for most or all of their period of
				incarceration. Inmates may be granted noncertifiable status if they have been
				in reception center status, in a hospital or infirmary, in protective custody,
				out to court, or have not yet been assigned a program. Noncertifiable status
				represents neither a positive nor a negative recommendation to the
				board.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXII - Presumptive Release Program For Nonviolent Inmates › Part 2200 - Presumptive Release Program For Nonviolent Inmates › Section 2200.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part sets forth the policies and procedures governing
				  the presumptive release program for nonviolent inmates whereby eligible inmates
				  who satisfy all statutory, program and disciplinary criteria may be released to
				  parole supervision without the necessity of a personal appearance before, and a
				  grant of parole by, the Board of Parole.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXII - Presumptive Release Program For Nonviolent Inmates › Part 2200 - Presumptive Release Program For Nonviolent Inmates › Section 2200.2 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
An inmate eligible for presumptive release may be released to
				  parole supervision at the expiration of the minimum sentence, or earlier if the
				  inmate also qualifies for merit time as set forth in Part 280 of this Title and
				  as outlined in section
				  2200.4 
				  of this Part. Pursuant to Executive Law section 259-g, the conditions of
				  release for any inmate granted presumptive release shall be fixed by the Board
				  of Parole. Any otherwise eligible inmate who is not granted presumptive release
				  to parole for any reason shall appear before the Board of Parole for
				  discretionary parole release consideration at the regularly scheduled time, or
				  as soon thereafter as is practicable.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXII - Presumptive Release Program For Nonviolent Inmates › Part 2200 - Presumptive Release Program For Nonviolent Inmates › Section 2200.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An inmate must
				satisfy all criteria set forth in subdivisions (b) through (g) of this section
				to be eligible for presumptive release.
(b) Crime, sentence, commitment and prior
				history criteria. An inmate cannot presently be serving a sentence for, nor
				previously have been convicted of, any of the following crimes, or an attempt
				or conspiracy to commit any of the following crimes:
(1) an A-I felony;
(2) a violent felony offense;
(3) manslaughter in the second
				degree;
(4) vehicular manslaughter
				in the first or second degree;
(5)
				criminally negligent homicide;
(6)
				incest;
(7) an offense defined in
				article 130 of the Penal Law (sex offense);
(8) an offense defined in article 263 of the
				Penal Law (use of a child in a sex performance);
(9) a hate crime as defined in article 485 of
				the Penal Law;
(10) an act of
				terrorism as defined in article 490 of the Penal Law; or
(11) aggravated harassment of an employee by
				an inmate; or
(12) any out-of-state
				conviction which has all of the essential elements of any of the offenses
				listed in paragraphs (1) through (10) of this subdivision.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXII - Presumptive Release Program For Nonviolent Inmates › Part 2200 - Presumptive Release Program For Nonviolent Inmates › Section 2200.4 - Effect on minimum period of sentence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An inmate otherwise eligible for
				presumptive release may be released after five-sixths of the minimum term if
				the inmate also satisfies the program criteria set forth in section
				280.2(d) 
				of this Title.
(b) An inmate
				identified in subdivision (a) of this section who is serving a sentence for any
				Class A-II through Class E drug offense may earn supplemental merit time in the
				amount of an additional one-sixth of the minimum period of the sentence imposed
				for the drug felony if he or she has either:
(1) completed two or more of the four
				possible merit program objectives listed in section
				280.2(d) 
				of this Title:
(i) earned a general
				equivalency diploma (G.E.D.);
(ii)
				received an alcohol and substance abuse treatment certificate;
(iii) received a vocational trade certificate
				following at least six months of programming in that program; or
(iv) performed 400 hours or more of service
				as part of a community work crew/outside assignment; or
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXII - Presumptive Release Program For Nonviolent Inmates › Part 2200 - Presumptive Release Program For Nonviolent Inmates › Section 2200.5 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Presumptive
				release reviews.
(1) The records of an inmate
				eligible for presumptive release under the criteria set forth in section
				2200.3  of this Part
				shall be reviewed by facility guidance staff prior to his or her presumptive
				release merit eligibility date or presumptive release initial parole
				eligibility date.
(2) The inmate's
				program history and record will be reviewed by a senior counselor, deputy
				superintendent for programs, and superintendent, or their respective designees
				to identify any inmate whose behavior, subsequent to commitment to the
				department, may be regarded as inconsistent with the intent of Correction Law,
				sections
				803(1)(d),
				805 and public safety. Factors which will be
				viewed negatively include:
(i) evidence of
				escape or attempted escape; and
(ii) refusal to participate in the shock
				incarceration program.
(3) The following additional factors, if
				present, must be noted and taken into consideration by the commissioner's
				designee in the review of the inmate for presumptive release:
(i) any recommendation from the sentencing
				court and/or the district attorney in response to the letter from the division
				of parole, pursuant to Executive Law, section
				259-i, requesting a position on the
				possible release of the inmate to parole;
(ii) any statement made to the Board of
				Parole by the crime victim or victim's representative, pursuant to Executive
				Law, section
				259-i;
(iii) any letter received from a sentencing
				court or district attorney expressing a position on the inmate's potential
				eligibility for, or participation in, any other department program;
(iv) whether the inmate has been designated
				as a central monitoring case (CMC) pursuant to Part 1000 of this Title;
				or
(v) any order of protection. If
				there is or was during the current term of incarceration an active order of
				protection, the correction counselor must attempt to obtain all available
				information, including, but not limited to:
(a) the identification of the court which
				issued the order, the date the order was originally issued and whether there
				have been any extensions or modifications;
(b) the relationship to the inmate of the
				person or persons covered by the order;
(c) whether the inmate has ever violated or
				attempted to violate the order; and
(d) whether the order was in any manner
				related to an incident of domestic violence.
New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter XXII - Presumptive Release Program For Nonviolent Inmates › Part 2200 - Presumptive Release Program For Nonviolent Inmates › Section 2200.6 - Effect of the presumptive release determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any inmate who is granted a presumptive
				merit allowance may be released to parole supervision at a date computed by
				subtracting the merit time allowance from his or her parole eligibility
				date.
(b) Any inmate who is granted
				a presumptive initial earned eligibility certificate may be released to parole
				supervision at the expiration of the minimum sentence.
(c) If presumptive merit allowance is denied
				by the commissioner or designee, either due to the nature and circumstances of
				the crime, or due to the inmate's prior history, character or background, or
				due to one or more questions raised in the inmate's file, such denial
				represents a determination that the parole release decision can best be made
				following the individual's appearance before the Board of Parole. Therefore,
				the inmate will not be eligible for presumptive release consideration at any
				subsequent time. The presumptive release denial is not an indiction one way or
				the other as to the inmate's suitability for possible release on
				parole.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 1 - Definitions › Section 1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Chapter and in the regulations of the
				  department (see Chapter II of this Title):
(a) Admission or admitted to the university
				means the recognition by the department of a secondary school as being entitled
				to hold Regents examinations or to receive apportionments of State funds as a
				secondary school.
(b) Apportion or
				apportionment means the distribution of State funds pursuant to the Education
				Law.
(c) Approved means
				satisfactory to the commissioner.
(d) Association library means a library
				established and controlled, in whole or in part, by a group of private
				individuals operating as an association, corporation or trustees under the
				provisions of a will or a deed of trust.
(e) Commissioner means Commissioner of
				Education.
(f) Department means the
				Education Department of the State of New York.
(g) University means The University of the
				State of New York.
(h) Free library
				means a library maintained for the benefit and free use on equal terms of all
				the people of the community in which the library is located.
(i) Higher education means education in
				advance of secondary education, and includes the work of colleges,
				universities, professional and technical schools, and educational work
				connected with libraries, museums, university and educational extension courses
				and similar agencies.
(j) President
				means President of The University of the State of New York.
(k) Public library means a library, other
				than a professional, technical or public school library, established for free
				public purposes by official action of a municipality or district or the
				Legislature, where the whole interests belong to the public.
(l) Qualifying certificate means a
				certificate that gives evidence that the holder has the education required by
				law, the Regents rules (this Chapter) and the regulations of the Commissioner
				of Education (Chapter II of this Title) for admission to the study of a
				profession.
(m) Regents means the
				Board of Regents of The University of the State of New York.
(n) Registered:
(1) when used with reference to a private
				secondary school, means acceptance of the credentials of such school as
				equivalent to like credentials of public secondary schools;
(2) when used with reference to a higher
				institution, means approval of a course of study in such institution;
(3) when used with reference to a library,
				means approval as maintaining an adequate library service;
(4) when used with reference to an historical
				association or museum, means approval as maintaining adequate educational and
				cultural exhibitions and collections.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 2 - Amendments › Section 2.1 - Amendments

Current through Register Vol. 46, No. 28, July 10, 2024
No proposal to amend this Chapter shall be considered unless
				  the proposed amendment and notice of intention to bring up the same shall have
				  been mailed to each Regent at least 10 days previous to the meeting at which
				  such amendment is to be considered.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 2 - Amendments › Section 2.2 - Pending proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
This Chapter and regulations made by the commissioner
				  pursuant thereto (see Chapter II of this Title) shall not affect any proceeding
				  pending before the Regents or the commissioner, or both, on October 29, 1954,
				  and such proceedings shall continue under and be controlled by the rules of the
				  Regents and of the commissioner in effect prior to such date.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.1 - Board of regents; officers and meetings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chancellor or, in his absence or
				inability to act, the vice chancellor, shall be the presiding officer of the
				Board of Regents. In the absence or inability to act of both the chancellor and
				the vice chancellor, the senior Regent present shall act as the presiding
				officer.
(b) Regular meetings of
				the Board of Regents shall be held once each month except August at a time and
				place determined by the chancellor or, in the chancellor's absence, by the vice
				chancellor, and as specified in the calls therefor. Special meetings may be
				called by the chancellor or, in the chancellor's absence, by the vice
				chancellor, or upon the written request of seven members of the
				board.
(c) Seven Regents attending
				shall be a quorum. A smaller number, if a quorum is not present, may adjourn a
				meeting from day to day, or over Sunday or any holiday, without giving notice
				to absent members; but in case of a longer adjournment a notice of the time and
				place of the adjourned meeting shall be mailed to each Regent, at his usual
				address, five days prior to such adjourned meeting.
(d) The commissioner, the president and the
				counsel shall be present at all meetings. Such other members of the department
				as the presiding officer or the commissioner may summon shall also be
				present.
(e) The term of office of
				the chancellor and vice chancellor shall be three years, except this provision
				shall not apply to the present incumbents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.2 - Committees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chancellor
				shall appoint the following standing committees and designate the leadership of
				each committee:
(1) Higher
				Education.
(2) P-12
				Education.
(3) Cultural
				Education.
(4) Ethics.
(5) Professional Practice.
(6) Adult Career and Continuing Education
				Services (ACCES).
(7) Audits/Budget
				and Finance.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.4 - Journal of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall cause a journal to be kept of the
				  proceedings of the Regents and, as the official record thereof, after approval
				  by the board, from time to time he shall have copies bound in form suitable for
				  permanent preservation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.5 - President of the university

Current through Register Vol. 46, No. 28, July 10, 2024
There shall continue to be a President of the University of
				  the State of New York, chosen by the Regents by ballot, who shall hold office
				  during the pleasure of the Regents, and such other officers as the Regents
				  shall from time to time designate.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.6 - Duties of the president

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				president shall devote himself to the duties devolving upon him by statute and
				the rules and resolutions of the Regents, to the encouragement and promotion of
				education throughout the University and to the inspection of its several
				institutions and departments, and shall make such recommendations to the
				Regents as he may deem necessary or proper. In the absence of other officially
				designated representatives of the Board of Regents, he shall represent the
				Board of Regents and the University on ceremonial occasions in this and other
				academic jurisdictions.
(b) No
				person may sign any agreement or contract on behalf of the University of the
				State of New York except the president or a fiscal agent designated by him. A
				contract, for the purpose of this paragraph, shall include a contract, a
				memorandum of understanding, or any other written promise to pay money or incur
				a financial obligation.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.7 - Commissioner of education

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				signature of the Commissioner of Education as such shall be sufficient
				indication of and shall validate his official action as commissioner.
(b) Whenever a statutory power or duty is or
				shall have been conferred or imposed upon the commissioner, such statutory
				power or duty shall be exercised or performed in the department by or under the
				direction of the commissioner for and in the name of the department.
(c) A statutory power or duty heretofore or
				hereafter assigned to the department, so far as the same is executive or
				administrative, shall be exercised or performed in the department by the
				commissioner, or by such agency or agencies of the department as he may
				designate.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.8 - Counsel and other personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				shall be a counsel to the Education Department and the University and such
				other personnel as may be appointed from time to time by the
				commissioner.
(b) The executive
				deputy commissioner shall be the deputy commissioner of education as specified
				in section 101  of the Education Law. In the absence or
				disability of the commissioner or when a vacancy exists in the office of
				commissioner, the executive deputy commissioner shall exercise and perform the
				functions, powers and duties conferred or imposed on the commissioner by
				statute and by rule of the Regents.
(c) There shall be in the department, in
				addition to the divisions established by statute, such other divisions and such
				bureaus as shall be established by the commissioner with the approval of the
				Regents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.9 - Appointments

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall appoint all officers and employees of
				  the department. Appointments to the positions of deputy commissioner, associate
				  commissioner, assistant commissioner and director of the Office of Professional
				  Discipline shall be made with approval of the Board of
				  Regents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.10 - Education building

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall have charge, care and control of the
				  Education Building and all the State property contained
				  therein.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.11 - Appropriations, expenditures and accounts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications to the Legislature for
				appropriations for the department shall be made only with the approval of the
				Regents, and shall first be submitted to the committee on planning and
				administration.
(b) There shall be
				kept in the department records and accounts of all business transactions and of
				all receipts and expenditures of money. The custody and expenditure of all
				moneys, except as otherwise provided, shall be under the control of the
				commissioner.
(c) The commissioner
				shall submit to the Board when requested a financial statement of the funds
				under the jurisdiction of the Regents, showing the balances on the date of the
				last preceding report, receipts and disbursements subsequent to said report,
				and the balances on the date of the statement.
(d) All officers and employees of the
				department having the care, custody and control of public funds shall file in
				the office of the commissioner the undertaking of a fidelity or surety
				corporation as provided by law. The reasonable expense of procuring such surety
				shall be a charge against an available appropriation.
(e) Certification or approval of the accounts
				or vouchers of the department, or of any agent or agency thereof, or of any
				institution under the control and supervision of the department, for submission
				to the Comptroller for audit, shall be made by such person as shall be
				designated in writing by the commissioner.
(f) The commissioner shall direct the
				distribution of department publications and fix the price therefor.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.13 - Committee on geographic names

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner with the approval of the
				Regents shall appoint a committee on geographic names of five members. The
				committee shall determine, subject to approval by the Regents, place names in
				New York State pursuant to section 174  of the Education Law.
(b) The committee shall submit its findings
				to the Regents for final action.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.14 - State professional standards and practices board for teaching

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Board of
				Regents, upon nomination of the Commissioner of Education, shall appoint a
				State professional standards and practices board for teaching to consist of 30
				members. The board shall serve in a consultative and advisory capacity to the
				Regents and the commissioner on matters pertaining to teacher education,
				certification and practice and shall carry on such specific duties as are
				assigned by the Board of Regents and the commissioner. The State professional
				standards and practices board for teaching shall be the successor board to the
				teacher education, certification and practice board.
(b) The board, or a subcommittee thereof, as
				determined in the bylaws of the board, shall serve to examine such cases in
				teacher certification as may be referred to it by the commissioner and shall
				advise the commissioner of its recommendations and review and make reports on
				the moral character of individuals holding teaching certificates and applicants
				for teaching certificates.
(c)
				Subcommittees. The board shall establish such subcommittees as it deems
				necessary to carry out its functions, including but not limited to:
(1) a higher education subcommittee to
				oversee issues relating to teacher education, as directed by the board, and
				which shall be composed of a majority of representatives of higher education
				institutions in New York State that prepare teachers; and
(2) a professional practices subcommittee to
				oversee issues relating to the practice of teaching, as directed by the board,
				and which shall be composed of a majority of certified teachers currently
				practicing in schools in New York State.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.15 - Authorization to execute contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following persons only are authorized
				to execute contracts on behalf of the State Education Department:
(1) Commissioner of Education;
(2) Counsel and Deputy Commissioner for Legal
				Affairs;
(3) Deputy Counsel;
				and
(4) Assistant
				Counsel.