N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.12

Current through Register Vol. 46, No. 43, October 23, 2024

Section 179-3.12 - Financial procedures for temporary release participants

As a rule, a resident participating in a temporary release program shall assume certain costs associated with his participation in a temporary release program as hereinafter described, over and above the cost of maintaining the resident in a Division for Youth facility. Funds may be drawn from the resident's personal account for these purposes. However, under certain circumstances, the division may use funds from the petty cash account to assume the costs of certain expenses or advance the resident funds for certain costs from the facility's temporary release schedule for funds. Funds may be issued in the amounts designated by the director of the division for the purposes delineated in subdivisions (c) through (g) of this section.

(a) Resident's personal account.

(1) Funds shall not be issued to any resident from his personal account for temporary release purposes until a budget has been established for the resident and a completed disbursement request signed by the resident and forwarded to the facility business office. Requests for funds in excess of a minimum amount as established by the facility director must be approved by the facility director before such funds may be disbursed. All other requests must be approved by the resident's counselor, the facility parole officer, the temporary release committee chairperson or the facility vocational specialist or similarly trained staff member.

(2) A resident regularly participating in a continuous temporary release program must submit a disbursement request, each week, to obtain funds from his account for temporary release expenses. The established budget or disbursement schedule may not be substantially modified without prior written permission of the facility director.

(b) Approved conditions for advances and other funds.

(1) If a continuous temporary release participant does not have sufficient funds in his personal account to participate in a temporary release program, the facility director shall determine whether the division should assume, or advance funds to the resident for, certain expenses.

(2) Funds may be advanced to a resident from the facility's special temporary release account upon receipt by the business office of a written request from the resident approved by the facility director detailing the amount to be advanced and the repayment schedule.

(3) All monetary advances must be reimbursed by the resident. Each resident receiving an advance shall be advised of, and sign a statement attesting to, this fact. The facility director, the temporary release committee chairperson or the temporary release parole officer shall be responsible for insuring that these funds are repaid once the resident is in a financial position to repay them.

(4) Advances shall be repaid by subsequently deducting funds from the resident's account in accordance with the established repayment schedule.

(5) The facility's appropriation shall be used to repay any uncollectible advance.

(c) Work release and industrial training leave financial procedures.

(1) As a rule, a resident assigned to a work release or industrial training leave program shall assume the costs of travelling to and from the job site, eating while away from the facility, and for any clothing, tools or other costs directly associated with the performance of the job.

(2) However, a resident granted permission to leave the facility for a job search furlough may be provided telephone money and funds for transportation costs and lunch if the facility does not provide a box lunch. Additionally, a newly arrived unemployed resident searching for his first job may receive an incentive wage allowance, on a daily basis, until he secures his first job. A continuous temporary release participant who was employed and subsequently becomes unemployed due to no fault of his own also is entitled to an incentive wage allowance while in the program. Reimbursement of the incentive wage allowance is not required.

(3) A resident on work release or industrial training leave who is employed but has not received his first paycheck may be advanced funds, on a daily basis, for transportation costs, lunch, if the facility does not provide a box lunch, and telephone money. The facility director also may advance the resident funds to purchase necessary basic work clothing, specialized clothing and tools, and to cover other incidental expenses required for the resident's successful participation in the temporary release program. These funds may be advanced only if, in the judgement of the facility director, there is a substantial likelihood that the funds will be reimbursed by the resident.

(4) Once a resident becomes employed, a weekly budget based on the youth's earnings shall be established by agreement between the resident and his counselor or temporary release parole officer. Each week a disbursement request for the weekly amount budgeted shall be prepared and submitted to the business office. The resident is responsible for living within the established budget until the next regularly scheduled disbursement. The business office shall issue the amount of funds requested on the disbursement request unless directed otherwise by the facility director.

(5) As a rule, a resident shall assume all costs related to his travel to and from work. In those cases where the resident is provided transportation by the facility, an appropriate charge may be assessed to the resident for the cost of such transportation. This charge will be included in the resident's weekly budget and on his weekly disbursement request, and must be approved by his counselor or the temporary release parole officer.

(d) Educational release expenses and financial procedures.

(1) Guidelines.

(i) As a rule, a resident participating in an educational release program shall assume certain expenses associated with his attendance in the educational or vocational training program, including tuition costs, over and above the cost of maintaining the resident in a division facility.

(ii) The resident shall be instructed that he may not apply, or receive funding, for any kind of educational release program, including social security benefits or school stipends, without the knowledge of the facility educational coordinator and either his counselor or the temporary release parole officer.

(iii) The facility educational coordinator, the resident's counselor or the temporary release parole officer shall be responsible for coordinating the educational release participant's application for, and utilization of, all educational release funding.

(iv) Any financial aid not paid directly to the college, university or vocational training program must be reported and turned in by the resident to the facility educational coordinator, the resident's counselor or the temporary release parole officer and placed in the resident's personal account for the purpose of paying educational expenses.

(v) If a resident fails to report all funds received by him for educational purposes, he shall be subject to disciplinary action and referred to the temporary release committee for evaluation of his temporary release program, as appropriate.

(vi) The division may pay directly to the college, university or vocational training program a portion of a resident's tuition costs on a semester basis. Reimbursement of these funds by the resident is required. The reimbursement source must be verified prior to the funds being advanced.

(vii) The resident must complete payment arrangements for tuition costs prior to registration. If the funding arrangements have not been completed, the resident may not enroll in the college, university or vocational training program.

(2) A resident participating in an educational leave program shall be eligible for the following funds:

(i) Meal allowances shall be available for meals which the resident is required to purchase while he is out of the facility. The facility must make every attempt to provide the resident with breakfast before he leaves the facility and with dinner after his return. Meal allowances shall be available for lunch if the facility does not provide the resident with a box lunch. If a box lunch is provided, the resident shall be given funds for the purchase of a beverage.

(ii) The resident shall be given a miscellaneous allowance each day he attends class. This miscellaneous allowance replaces the incentive wage allowance provided to work release participants and is not considered a financial advance which the resident must repay. At the discretion of the facility director, a resident also may receive an incentive wage allowance for performing facility assignments.

(iii) Necessary street clothing may be provided by the facility. The resident may be given an advance to purchase additional clothing. No new advances may be made for this purpose until the previous advance has been repaid.

(iv) Funds also may be provided for books, school supplies and specialized clothing each semester. Reimbursement of these funds may be required.

(v) Additionally, funds may be provided for transportation costs and other incidentals. Reimbursement is not required for these expenses.

(e) Community services leave financial procedures.

(1) A resident participating in a community services leave program shall receive an allowance for each day he leaves the facility to perform volunteer community service work.

(2) The resident also shall receive funds for transportation costs and a meal allowance if the facility does not provide him with transportation and a box lunch.

(f) Leave of absence financial procedures.

(1) A resident leaving a facility to make a deathbed visit or to attend a funeral will assume all expenses connected with the leave, provided he has sufficient funds in his personal account. If a resident does not have sufficient funds to cover these expenses, the expenses may be assumed by the division.

(2) The costs associated with a resident's leaving a facility in order to receive medical or dental treatment shall be paid in accordance with established division fiscal procedures for the payment of medical and dental costs.

(g) Furlough financial procedures. As a rule, a resident participating in a continuous temporary release program who is granted a furlough for the purpose of seeking post-release housing or maintaining family ties must use his own funds to cover the expenses connected with such a furlough. However, if the resident has never gone out of the facility on a family-tie furlough, the resident may be provided the funds necessary to cover the transportation costs of one such furlough at the discretion of the facility director. The expenses related to subsequent furloughs will be deducted from the resident's personal account. However, the disbursement of furlough funds from the resident's personal account shall not be allowed to deplete the resident's account to the point that he may not be able to meet the following week's work or educational leave expenses. At the discretion of the facility director, funds may be advanced for subsequent furloughs. Reimbursement of advances made for subsequent furloughs is required.

(h) Report preparation.

(1) The facility business office shall maintain appropriate records of all financial transactions occurring pursuant to this Subpart.

(2) A monthly report of each continuous temporary release participant's personal account will be prepared by the business office and copies distributed to the facility director, the resident, and the resident's counselor or the temporary release parole officer.

(3) A schedule shall be prepared which lists the names of all of the employed continuous temporary release participants in the facility and the days of the week these participants receive their paychecks. The facility director and the temporary release committee chairperson shall be notified when a resident returns to the facility on the indicated payday without his paycheck.

(4) An annual report of the continuous temporary release programs' financial operations shall be prepared, which shall include the following information on each temporary release participant: total net earnings, total payment of fines, total payment for support of dependents, total savings accumulated, and total weeks of employment. This report shall be submitted to the facility director and the chairperson of the temporary release committee no later than January 31st of the following year. The facility director shall forward a copy of this report to the director of temporary release programs and the central office fiscal control unit.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.12