N.Y. Comp. Codes R. & Regs. Tit. 7 § 1901.1 - Criteria for participation in short-term temporary release
The following section contains the criteria for participation in the three types of short-term temporary release programs, leave of absence, community services programs and furlough. Each program is individually handled. However, it is also necessary to refer to other sections in this Part to properly process each individual case.
(a) Leave of absence program. Any inmate may
apply for this program, regardless of time criteria, as long as all other
eligibility requirements are satisfied. The point score must, however, be at
least 30. A leave of absence lets the inmate leave an institution to visit
his/her spouse, child, brother, sister, grandchild, parent (natural or legally
adoptive), grandparent or ancestral aunt or uncle during his or her last
illness if death appears to be imminent; to attend the funeral of such
individual, or to undergo surgery or to receive medical or dental treatment not
available in a 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 designee. A temporary release committee form 4188 must be
completed and signed by the facility health services director in the last
instance.
(1) Deathbed/funeral visit. One
deathbed visit may be granted for each terminally ill relative. If one escorted
visit has been previously granted, no leave of absence can be considered.
(i) During normal working hours.
(a) Upon receipt of the inmate's application,
the temporary release committee chairperson shall verify the facts of the case.
A leave of absence can be granted to inmates who wish to visit their spouse,
child, brother, sister, grandchild, parent (natural or legally adoptive),
grandparent or ancestral aunt or uncle only. (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.) For a
deathbed visit, it is necessary that the temporary release committee
chairperson contact the patient's doctor or a hospital administrator directly
in order to verify the patient's medical condition and to ascertain if death is
imminent. The chairperson must also verify the name, address and telephone
number of the hospital and attending physician along with any other facts
necessary to consider this case.
(b) For a funeral visit, it is necessary that
the temporary release committee chairperson contact the funeral home director
to verify the death and to ascertain the dates, times and addresses of the
wake, funeral and interment.
(c)
The temporary release committee then meets to render a decision. If approved by
the temporary release committee, the superintendent's approval is then
required. Central office review cases will need the required approval as
outlined in section
1900.4(n)
of this Title.
(d) The inmate will
be granted only the length of time necessary to accomplish the purpose of the
leave.
(e) Only with the
commissioner's approval will out-of-state leaves of absence be allowed, and
only for deathbed or funeral visits only for those relatives listed in
subdivision (a) of this section.
(ii) Weekends or nights. If the temporary
release committee chairperson or the temporary release interviewer are not
available, the superintendent, acting superintendent, or officer of the day
should be contacted directly. The superintendent of such facility alone will
decide on those cases which do not require central office review, whether to
let the inmate go out and whether the inmate will be escorted or unescorted. He
may use whatever information he has available in making a decision, including
the point system. However, central office review cases will need the required
approval as outlined in section
1900.4(n)
of this Title.
(2)
Medical/dental. A leave of absence for this purpose will be granted only for
surgery or to receive medical treatment not available in a 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 designee.
(i) All inmates applying for a leave of
absence for the purposes of obtaining dental or medical treatment must be
willing to obtain such treatment within the county where the facility is
located or in a city or town located within 30 miles of the facility.
(ii) Upon request of an inmate who is
approved for dental or medical leave, a list of three dentists or doctors will
be provided to him from which to choose in those cases where the inmate does
not have his own dentist or doctor within the radius or area as stated in
subparagraph (i) of this paragraph.
(iii) If the specific type of treatment
required is not available in the nearby area, the facility medical officer
shall report in writing that required treatment is not available nearby. The
report must also specifically state the area in which treatment can be obtained
by the inmate.
(iv) All medical or
dental leaves of absence more than one day in duration, even when not a central
office review case, must be approved by the director of temporary release
programs.
(v) The following steps
must be followed by temporary release committee chairpersons prior to an inmate
being granted a leave of absence for the purposes of obtaining dental or
medical treatment in the community:
(a)
Obtain a temporary release committee form 4188 completed and signed by the
facilty health services director.
(b) Obtain a detailed treatment plan that
delineates the expected number of visits required to accomplish the objective
and specific treatment to be provided during each visit.
(c) Arrange for examination by the facility
dentist or physician following each visit to the outside practitioner to ensure
the treatment has been performed. Leaves of absence on consecutive days should
not be granted as a rule, unless it is possible for the facility to make the
above-mentioned examinations after each visit.
(d) The inmate's bounds of confinement must
state that he will proceed directly to the dentist's or physician's office upon
release and return directly to the facility upon completion of the office
visits.
(e) Ensure that leaves of
absence granted for dental or medical treatment are never more than a
reasonable number of hours within a single day, with the inmate leaving the
facility and returning on the same day unless a leave of more than one day is
determined necessary by the facility dentist or medical officer. In such cases
where more than one day is deemed necessary, final approval must be obtained
from the director of temporary release programs.
(b) Community services
program (volunteer work).
(1) The temporary
release statute permits eligible inmates to engage in volunteer work in the
community for a period not exceeding 14 hours in any day. Such volunteer work
should be confined to nonprofit organizations or public agencies (e.g.,
hospitals, service clubs, special community projects, etc.) that have
established volunteer service programs with a definite job description
outlining the duties and responsibilities of a volunteer.
(2) Inmates should not be used to solicit
funds even though a given agency may use volunteers for this program. Under no
circumstances is an inmate volunteer to replace a paid employee or otherwise
fill a position that may be occupied by a paid worker.
(3) Volunteers may receive from their
sponsors, where appropriate, a uniform, meals, and a modest allowance for
out-of-pocket expenses with the knowledge and permission of the temporary
release committee chairperson. As a rule, however, participants in a volunteer
work program will receive an allowance from facility temporary release program
appropriations. The allowances will be equivalent to the highest incentive
allowance granted to an inmate, i.e., grade four, step four (currently $1.15
plus one dollar which will total $2.15).
(4) At an institution designated a work
release facility, the work release parole officer will assume responsibility
for supervision of the inmate volunteer worker in the community. At all other
facilities, arrangements must be made for appropriate parole supervision in the
community before any volunteer program is approved.
(5) If there are any questions about the
legitimacy of a volunteer program proposal for any inmate, or if assistance is
required to arrange for community supervision, the matter should be referred to
the director of temporary release programs.
(6) Religious services participation under
this title is permitted for eligible inmates only when the services are not
available within the facility.
(7)
Participation in athletic and cultural events is permitted provided those
events are not available in the facility.
(8) No out-of-state community services
program requests will be approved.
(c) Furlough program. Furlough program means
a program under which eligible inmates may be granted the privilege of leaving
the premises of an institution for a period not exceeding seven days for the
purpose of maintaining family ties, solving family problems, seeking
post-release housing, seeking employment, attending a short-term educational or
vocational training course, or for any matter necessary to the furtherance of
any such purpose. No out-of-state furloughs will be approved.
(1) Types of furlough.
(i) One-day furlough. A one-day furlough
allows the inmate to leave the institution for up to 14 hours in any 24-hour
period for the purposes listed in paragraph (2) of this subdivision.
(ii) Extended furlough. An extended furlough
is a furlough for more than one day, not exceeding seven days for the purposes
listed in paragraph (2) of this subdivision.
(2) Furlough purpose. Furloughs may be
granted for only the following purposes:
(i)
Family-tie furlough. A family-tie furlough is for the purpose of maintaining
family ties and/or solving family problems.
(a) An approved residence is required for a
one-day or an extended family tie furlough. The residence must be one of the
following:
(1) blood relative;
(2) verifiable guardian;
(3) spouse (see clause [a][1][(i][a] of this
section for the scope of the term);
(4) common law spouse where the relationship
had existed for more than one year before incarceration.
(b) For an inmate whose family resides
out-of-state, the inmate may request facility temporary release committee and
central office approval of a transient location (motel, hotel, private home,
etc.) within the State of New York.
(c) Where inmates from different facilities
request furloughs at the same time to the same residence based upon their
familiar relationships, the superintendent of both facilities must consent to
simultaneous furloughs. The temporary release committee chairperson is
responsible to inquire of the inmate to be furloughed whether any family member
or anyone else will be furloughed to that address simultaneously.
(ii) Job-search furlough. A
job-search furlough is for the purpose of seeking employment to prepare for the
inmate's release to the community.
(a) There
is no residence requirement for a one-day job-search furlough.
(b) For an extended job-search furlough, an
inmate may be allowed to furlough to an approved residence listed in clause
(i)(a) of this paragraph or, if such approved residence is not available, may
instead be allowed to furlough to a legal and verifiable residence provided,
however, that such residence is not also a publicly funded premises utilized
for members of the general public requiring temporary housing.
(iii) Post-release housing
furlough. A post-release housing furlough is for the purpose of seeking housing
to prepare for the inmate's return to the community.
(a) There is no residence requirement for a
one-day furlough.
(b) For an
extended post-release housing search furlough, the imate may be allowed to
furlough to an approved residence listed in clause (i)(a) of this paragraph, or
if such approved residence is not available, may instead be allowed to furlough
to a legal and verifiable residence, provided, however, that such residence is
not also a publicly funded premises utilized for members of the general public
requiring temporary housing.
(iv) Short-term educational/vocational
training course furlough. A short-term educational/vocational training course
furlough includes both a rehabilitation therapy furlough for the purpose of
attending a rehabilitation therapy program and educational/vocational furlough
for the purpose of attending a short-term noncontinuous educational
course/program.
(a) Rehabilitation therapy
furlough. Such a furlough is for the purpose of permitting an inmate to attend
an outside alcohol/substance abuse therapy program, Gambler's Anonymous or for
any matter necessary to the furtherance of any such purposes.
(1) A rehabilitation therapy furlough is a
one-day furlough only. There is no extended furlough.
(2) There is no residence
requirement.
(b)
Education furlough. Such a furlough could be for the purpose of taking an
examination for entrance to an education institution, attending an education
conference, short course or seminar.
(1)
Educational furlough purpose and residence require central office
approval.
(2) An educational
furlough may be a one-day or an extended furlough final approval will be made
by central office.
(3) Furlough
timing guidelines.
(i) Application timing. See
section
1900.4(c)(9)
of this Title.
(ii) Holiday
scheduling. Due to the increase in holiday applications, the director of
temporary release programs shall promulgate a schedule which will require
inmates to submit applications for furlough during holiday periods,
specifically Christmas and Thanksgiving, at dates sufficiently in advance of
each holiday to allow for completion of the process as described in the rules
and regulations, and in sufficient time to notify the inmates of the decisions
prior to such holiday. This procedure may require that some furlough
applications be approved well before the effective date of furlough.
(iii) Furlough timing. All general
confinement inmates must meet the following timing requirements:
(a) No inmate may take:
(1) more than 28 days in any furlough
year;
(2) more than 14 days in the
first six months of any furlough year;
(3) more than 7 days in any 28-day period;
or
(4) a furlough longer than seven
days.
(b) The furlough
year begins on the date an inmate takes his first furlough and ends 365/366
days thereafter.
(c) Furlough
timing does not apply to short educational/vocational training course furloughs
or job-search furloughs with the exception of subclause (a)(4) of this
subparagraph.
(d) Approval
contingencies.
(1) All furlough approvals
made by the temporary release committee for nonstatutory cases and by central
office for special review and statutory cases shall be considered continuous,
unless otherwise stated in the decision. After the initial furlough, subsequent
furlough requests shall be scheduled by the superintendent or his designee and
need only be approved as to the qualification of the inmate by the facility
temporary release committee unless the case status changes as outlined in this
subdivision. Under the situations described in this subdivision, recission is
mandatory.
(2) Approval to
participate in any type of temporary release program is a conditional approval
until such time as participation has commenced. Approval is contingent upon the
inmate's continuing good behavior from the time the conditional approval is
granted until the time the inmate begins each period of temporary release. The
inmate will be notified, in writing, of the above conditions at the same time
he is notified of an approval.
(3)
Conditional approval shall be rescinded by a change in the inmate's
disciplinary record as indicated by imposition of a penalty at a disciplinary
hearing or a superintendent's hearing, by a deterioration in the inmate's
program participation or upon receipt of significant and adverse information
not available when the inmate was originally approved for temporary release
participation.
(4) In those cases
where the conditional approval is rescinded the inmate's de novo application
may be resubmitted immediately except as noted in section
1900.4(c)(5)
of this Title.
(5) If the
conditional approval is rescinded as noted above, the superintendent must, in
writing, notify the inmate and the director of temporary release programs
clearly stating the reason(s) for rescission.
(6) In the event that an inmate's eligibility
for temporary release as defined in section
851 of the Correction Law, changes,
subsequent applications for temporary release shall be processed de
novo.
(7) An inmate pending
transfer to a work release or educational release program/facility after
central office approval shall be eligible for furlough from the transferring
facility. The superintendent and temporary release committee of the
transferring facility, with discretion, shall utilize this furlough approval to
appropriately maintain the efficient and orderly operation of the transferring
facility.
(8) Approval by the
commissioner for work or educational release shall be deemed to be approval for
assignment to a work or educational release facility and approval for furlough
from such facility. The superintendent of such facility may, however, at his
discretion elect to postpone furlough as he feels is most appropriate to
achieve the efficient and orderly operation of such facility.
(9) If approved for furlough only, the inmate
is not approved for any other temporary release programs. However, approval for
continuous temporary release programs also implies approval for all other
temporary release programs at the discretion of the temporary release committee
and the facility superintendent.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.