N.Y. Comp. Codes R. & Regs. Tit. 7 § 1904.1 - Revocation of temporary release
(a) Participation in the temporary release
program is a privilege. An inmate does not have the right to participate, or to
continue to participate, in the temporary release programming. A superintendent
may at any time revoke an inmate's participation in the temporary release
program, and upon the recommendation of the temporary release committee, the
commissioner, or the chairman of the board of parole or his designee, shall
revoke an inmate's privilege to participate in the temporary release
program.
(b) A superintendent may
revoke an inmate's participation in the temporary release program upon
recommendation of the temporary release committee, or the commissioner, or at
any time that the superintendent has knowledge that the inmate's continued
participation in a temporary release program is inconsistent with the safety of
the community, is inconsistent with the best interest of the inmate, or if the
inmate has indicated by his conduct that there is a substantial likelihood that
he cannot successfully adjust his temporary release program.
(c) Indicators of unsuitability for continued
participation in the temporary release program include, but not limited to, the
following:
(1) arrest and/or conviction for
crimes committed while participating in the temporary release
program;
(2) absconding, or
attempting to abscond from the temporary release program or otherwise not
returning to the facility at the time and date directed pursuant to the signed
temporary release contract;
(3)
violations of departmental rules;
(4) threats made by the participant against
himself or others;
(5) threats made
against the inmate which require his placement in protective custody;
(6) changes in an inmate's physical or mental
status;
(7) an inmate's poor
attitude as indicated by evaluations by a parole officer, employer, or
educational institutional representative;
(8) lack of motivation by an inmate in his
temporary release program;
(9)
significant change in employment or student status;
(10) if an inmate has failed to secure
employment within six weeks of completion of orientation;
(11) refusal by the inmate to repay any
advance made to him;
(12) refusal
by inmate to repay the weekly work release participation charge;
(13) inmate's presence in the community
places him at risk or there is information which indicates that the inmate's
presence in the community places the integrity or public acceptance of the
program at risk; or
(14)
outstanding warrants/detainers, commitments, open charges or immigration status
as stated in section
1900.4(c)(5)
of this Title.
Notes
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