N.Y. Comp. Codes R. & Regs. Tit. 7 § 1900.5 - Central office review procedures and policies
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.
Notes
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