(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.
(b)
Inmates with a low-point score can only appeal the scoring of their
applications to central office.
Inmates with a low-point score and who have received an
open date may appeal the scoring of their application to central office.
Inmates with a low-point score and an open date who have been referred to the
TRC can appeal on grounds paragraphs (1) and (3) of this subdivision, provided
each ground is relevant to the case. An inmate may appeal a denial by the
superintendent under paragraph (a)(2) of this section, by submitting form 4145
and any pertinent information to the director of central office temporary
release programs. An inmate has 10 working days from the date of the notice of
denial to submit his or her intent to appeal a decision of the superintendent.
A perfected appeal must be received within 30 days of the date of notice of
denial by the superintendent.
(c) Paragraph (a)(3) of this section will be
used by inmates who have been approved by the TRC and then turned down by the
office of temporary release programs on central office review. Inmates may
petition to have their applications reconsidered by the director if they think
the disapproval was unfair or unreasonable. However, a disapproval by the
commissioner of the department, or his designee, cannot be appealed.
(d) Inmates may appeal decisions of the TRC
by submitting form 4145 and any pertinent information to the director of
central office temporary release programs. An inmate has 10 working days from
the date of the notice of denial to submit his intent to appeal a decision of
the TRC. A perfected appeal must be received within 30 days of the disapproval
decision. If at the end of the 10-day period, no intent to appeal has been
indicated, the central office reviewer shall assume no appeal will be taken.
Appeals for LOA, furloughs, and CASAT should be accompanied with a copy of the
TRC and superintendent's denial decision, and any other pertinent information.
The central office reviewer will notify the inmate and the TRC of its findings
on the notice of results of appeal form.
(e) Appeals of a designation as a central
monitoring case (CMC) must be made in accordance with existing departmental
policy. The CMC designation appeals are not handled by central office temporary
release staff.
(f) A subsequent
application for the same requested program will not be considered until the
appeal process on the prior application is complete. An inmate may withdraw a
pending appeal, in writing, at any time.