N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.13

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

Section 179-3.13 - Procedures for the operation of temporary release programs

This section describes the procedures necessary for the operation of short-term and continuous temporary release programs.

(a) Pre-release procedures.

(1) Notification to local law enforcement offices.

(i) At least three working days before releasing a resident on a temporary release program, a completed Notification to Authorities - Temporary Release form shall be mailed to the sheriff or chief of police of the community in which the resident is to be released. In the case of an emergency leave of absence, notification may be made by telephone and a notification form mailed as soon as practical.

(ii) For a short-term temporary release participant, a copy of the Notification to Authorities - Temporary Release Program form shall also be sent to the parole office administering the area in which the resident will be released. The form shall indicate the telephone or personal contact the resident is required to make with the office. The notification shall include: the name and relationship of the person with whom the resident plans to reside while on temporary release; the full address, including the apartment number, of the residence where the resident will reside; and, the telephone number at that address, if available, or, in the case of a medical leave of absence, the name, address and telephone number of the resident's hospital and physician.

(2) Memorandum of agreement. A temporary release memorandum of agreement must be prepared and shall be signed by the resident. The memorandum of agreement shall include: the resident's extended bounds of confinement, i.e., most direct route to and from the temporary release program site; the hours the resident is to be out of the facility; and other information pertinent to the activity.

(3) Separate memorandum of agreement. If a resident participating in a continuous temporary release program must leave the facility for a purpose not covered by the continuous temporary release memorandum of agreement, a separate temporary release memorandum of agreement must be prepared and signed before the resident may be permitted to leave the facility. Upon being authorized to do so by the chairperson of the temporary release committee or the facility director, the resident's counselor or the temporary release parole officer may grant such a furlough, after verifying the furlough circumstances. Except when exigent circumstances exist, a request for a special furlough must be submitted at least 24 hours in advance. A furlough may be granted for one or more of the following purposes only:

(i) required court appearances;

(ii) medical or dental services;

(iii) attending special counseling programs, such as Alcoholics Anonymous, substance abuse counseling, Gamblers Anonymous or mental health counseling;

(iv) taking part in community service activities, provided the facility's temporary release committee chairperson and the facility director have approved the resident's participation in such community service activities;

(v) personal and family emergencies;

(vi) local shopping for necessities needed for successful adjustment to a continuous temporary release program, provided the resident turns in receipts for the purchases; or

(vii) other specific furlough purposes delineated in section 179-3.4(c) of this Subpart.

(4) Temporary release identification card. Each temporary release participant shall be photographed for a temporary release identification card which must be signed by the facility director. The identification card must be in the resident's possession when he leaves the facility and at all times during his release and must be exhibited to any police or peace officer upon request. The card must be surrendered upon the resident's return to the facility.

(5) The memorandum of agreement, temporary release identification card, conditions of temporary release document and other required forms shall be explained to the resident and properly signed before the resident leaves the facility. Prior to the resident leaving the facility, the facility director shall make sure that the resident has in his possession a signed memorandum of agreement and temporary release identification card and sufficient travel money to get the resident to the destination indicated on his memorandum of agreement and back to the facility. The memorandum of agreement and the temporary release identification card shall be surrendered by the resident immediately upon his return to the facility.

(6) The facility director shall insure that the resident receives the funds which were previously authorized for his participation in the temporary release program. The resident will sign a receipt for monies received.

(7) Motor vehicle licenses and ownership of motor vehicles.

(i) A resident who has a motor vehicle license shall not be given his license while participating in a temporary release program unless the resident needs his license for employment purposes and then only with the approval of the temporary release committee chairperson, the temporary release parole officer and the facility director.

(ii) A temporary release participant may not apply for or renew any motor vehicle license without first receiving the written approval of the temporary release parole officer and the temporary release committee chairperson.

(iii) A temporary release participant may not purchase, operate, or have in his possession any motor vehicle without the prior written approval of the temporary release committee chairperson, the temporary release parole officer and the facility director. A temporary release participant should be given authorization to operate a motor vehicle only if no suitable public transportation exists for the resident to use for travel to and from his place of work or the resident is physically handicapped.

(8) Credit and installment purchases. A temporary release participant is prohibited from taking out any business or personal loans, applying for credit or a credit card, or making purchases on credit or on an installment basis without the prior written approval of the temporary release committee chairperson, the temporary release parole officer and the facility director. Such approval should be given only in exceptional circumstances.

(9) Review of resident's record. Immediately prior to the resident's temporary release, the facility director shall review the resident's record, including his disciplinary record, to insure that no negative change in the resident's overall adjustment to program has occurred since his application was approved. The facility director shall notify the director of temporary release programs immediately if there has been a change in the resident's status. The director of temporary release programs shall advise the director of the division of the change of status and make a recommendation regarding the application. Approval of the application may be suspended or rescinded.

(10) Release of the resident. A resident approved for participation in a temporary release program may then be permitted to go outside the premises of the facility within the limits of the extended bounds of confinement and any other conditions described in his memorandum of agreement.

(b) Supervision of a temporary release participant.

(1) Supervision of a short-term temporary release participant.

(i) A resident participating in a short-term temporary release program shall be supervised by a parole officer. Special arrangements or waiver of this requirement may be made by the area parole office.

(ii) Prior to the resident leaving the facility, the temporary release committee chairperson, temporary release parole officer or the resident's counselor, or, where appropriate, the vocational specialist, shall provide explicit instructions to the resident regarding his reporting obligations, including his responsibility to provide the division with a full account of the activities engaged in during temporary release. The resident shall be advised that his failure to comply with these requirements or any other temporary release program rules and regulations shall result in disciplinary action to the same extent as if he violated a division rule or regulation governing resident conduct within the facility.

(iii) The area parole office shall notify the facility, as soon as practicable, if a resident fails to comply with his obligation to contact or report to the area parole office.

(iv) In the event the parole officer becomes aware of a resident's arrest or failure to comply with the conditions of temporary release, the parole officer shall notify the facility by telephone as soon as possible. A follow-up memorandum outlining the facts of the case shall be sent to the facility.

(v) Within one week of termination of a resident's temporary release program, the parole officer or other designated supervising staff shall submit a field report to the facility which shall include, but not be limited to, an evaluation of the resident's participation in the temporary release program, a statement of any problems encountered and the manner in which such problems were resolved relative to the resident's participation in the program, and a recommendation concerning the resident's continued participation in the program.

(2) Supervision of a continuous temporary release participant.

(i) Supervision responsibilities.

(a) Each temporary release participant shall be assigned to the supervision of a facility counselor and a temporary release parole officer. Records shall be maintained regarding the respective assignments.

(b) The resident's facility counselor and the temporary release parole officer shall have concurrent responsibility for supervising a resident participating in a continuous temporary release program. The counselor shall have the major counseling and supervisory responsibility for a resident who is in orientation, unemployed, or who, for any reason, does not regularly leave the facility. The temporary release parole officer shall have major counseling and supervisory responsibility for a resident who is employed, attending classes or leaving the facility regularly each day. During the transition phase when a resident is going out on job search furloughs, the resident's counselor, the temporary release parole officer and other facility staff, when appropriate, shall coordinate efforts to supervise the resident and to assist the resident in his quest for employment.

(c) The facility director or the temporary release committee chairperson must ensure that counseling and other services are being delivered properly and efficiently and that the resident's activities are investigated, supervised and properly verified.

(d) The temporary release committee chairperson shall preside over weekly conferences between the counselors, temporary release parole officers and administrative facility staff for the purpose of monitoring and reviewing each temporary release participant's progress, discussing any service delivery problems, monitoring and reviewing the supervision of each resident and delegating necessary work assignments to various staff.

(e) Orientation. Upon approval of a resident's application for participation in a continuous temporary release program, the resident shall be interviewed by his facility counselor and, where appropriate, the temporary release parole officer. The interview shall include the following:

(1) clarification of the resident's objectives in his continuous temporary release program;

(2) identification of the resident's problem areas and plans for dealing with them;

(3) an initial explanation of facility and temporary release program rules and expectations;

(4) the initial preparation, and an explanation, of a time schedule and, when appropriate, a financial plan for the resident including an explanation of facility financial processing procedures for the disbursement of resident funds, advances of funds in special situations and the surrender of paychecks and other monies to the facility upon the resident's return to the facility each day;

(5) review of the conditions of temporary release document;

(6) an explanation of weekend furlough eligibility requirements and furlough scheduling; and

(7) a description of the temporary release parole officer's field responsibilities, including home and job or educational visits.

In the case of a resident who has been transferred to another facility in order to participate in a continuous temporary release program, the resident shall receive orientation to the facility and to the program, as described above, which shall include an explanation of any special program services available to the resident.

(f) Counseling sessions. Both the facility counselor and the temporary release parole officer shall meet at least once each week with each assigned resident in order to establish the resident's goals, review his progress, formulate treatment plans, provide guidance and transmit information.

(g) Reporting. The temporary release parole officer shall submit a chronological report on each assigned resident each month to the temporary release committee chairperson. Such report shall include, but not be limited to: the case contacts with the resident during the month; and evaluation of the resident's participation in the program; a statement of any problems relative to the resident's participation in the program and the treatment plan developed to deal with the problems; and, a recommendation with respect to the resident's continued participation in the program.

(ii) Field supervision.

(a) Resident's furlough residence.

(1) Verification of resident's furlough residence prior to initial furlough. A resident participating in a continuous temporary release program shall not be granted a weekend furlough unless a parole officer has made a visit, within the 30 days immediately preceding, to the resident's proposed furlough residence and, on the basis of his recommendation, the residence has been approved for weekend furlough purposes by the temporary release committee chairperson or the facility director.

(2) Verification of furlough residence after the resident's initial furlough.

(i) The temporary release parole officer shall make a minimum of one home visit each month to the approved furlough residence of a resident participating in a weekend furlough program. The home visit shall occur on a weekend day or a holiday when the resident is expected to be at the furlough residence. A resident on a weekend furlough should anticipate a visit from the temporary release parole officer. When warranted, the parole officer may impose a curfew in order to make certain that the resident will be at his furlough residence. Additional home visits may be made on weekdays. Regular visits to the furlough residence for counseling purposes should include personal interviews with the resident and members of his family, whenever possible, to determine whether the resident is experiencing any unusual problems so that the proper corrective action may be taken. The temporary release parole officer must see the resident at his approved furlough residence at least once every three months. The temporary release parole officer has no responsibility to visit or verify a resident's furlough residence if a resident is not taking part in a weekend furlough program. In such cases, this fact shall be recorded in the resident's case file each month, in the parole officer's temporary release monthly report and in any other necessary files and documents.

(ii) Where the continuous temporary release participant's furlough residence is outside of the county where the facility is located, or if the facility is located in New York City, outside of the city, the chairperson of the temporary release committee shall ensure that at least three days prior to the resident's initial furlough, a Notification to Authorities of a Temporary Release Program form is forwarded to the appropriate local law enforcement agency and the area parole office covering the geographic region where the furlough residence is located, alerting them of the resident's pending furlough, his furlough address, and the name, work location and telephone number of the temporary release parole officer responsible for the resident. If the initial notification alerts the local law enforcement agency and area parole officer that the resident will be continually released on a weekend furlough at specified periods of time thereafter, a subsequent form does not have to be sent each time the resident goes on a weekend furlough.

(iii) However, if a resident has an approved weekend furlough residence outside of the county where the facility is located, or if the facility is located in New York City, outside of the city, the temporary release parole officer shall, after the resident has completed his initial furlough, request an out-of-area parole supervision investigation from the area parole officer responsible for the geographic region containing the furlough residence. If the area parole officer indicates that no unusual problems exist with respect to the furlough residence and the resident experienced no unusual problems during his initial furlough, the temporary release parole officer is not required to request any further checks by the area parole officer of the furlough residence. The temporary release parole officer shall complete a minimum of one telephone call to the approved furlough residence each month to verify the furlough residence, establish a relationship with the resident's family, and learn of any problems the resident is experiencing so that corrective action may be taken. However, if the temporary release parole officer suspects that the resident is experiencing unusual problems or unsatisfactory adjustment to the community while on furlough, the temporary release parole officer shall also request an out-of-area parole supervision investigation. Additionally, in out-of-area cases where the approved furlough residence does not have a telephone, the temporary release parole officer shall request an out-of-area parole supervision investigation once a month.

(iv) The temporary release parole officer shall provide explicit instructions regarding the reporting requirements to a resident participating in a continuous temporary release program who has a weekend furlough residence outside of the geographical region where the facility is located. When appropriate, the temporary release parole officer may instruct the resident to report to the area parole office after ascertaining that such office has the ability to take a weekend report from the resident.

(3) Residents participating in a work release program.

(i) The temporary release parole officer must visit and see a resident participating in a work release program at his place of employment during the first 10 days of the resident's employment at a new job.

(ii) Thereafter, the temporary release parole officer must visit and see the resident at his place of employment at least once a month in order to verify the resident's participation in the employment program. The temporary release parole officer should also use the employment visits to obtain information about the resident's attendance, work habits, attitude toward work, and any other information which might be useful in planning for the needs of the resident.

(4) Residents participating in an educational leave program.

(i) The temporary release parole officer must visit and see the resident at the school or program where the resident is participating in an educational leave program at least once a month.

(ii) The temporary release parole officer also should use these visits to establish relationships with the staff of the institution who may help him monitor the resident's progress in his educational release program.

(iii) A temporary release participant may take part in an educational leave program only at a college, university or vocational training program which agrees to maintain attendance records for him. The temporary release parole officer shall be responsible for ensuring that the educational release participant's college, university or vocational training program maintains an accurate record of class attendance on the educational release participant.

(iv) The temporary release parole officer must verify the resident's class attendance with the college, university or vocational program at least once every two weeks. Unauthorized absences from class are to be reported immediately to the temporary release committee chairperson.

(v) The temporary release parole officer shall maintain attendance records for each educational leave participant and shall file these attendance records in the resident's facility file when the resident completes his educational leave program or leaves the facility.

(vi) The resident's counselor or the temporary release parole officer should require that the resident schedule his classes to insure a minimum of release time not spent in educational pursuits. The hours that a resident is permitted to be away from the facility should bear a direct relation to the beginning and ending times of his classes and should allow reasonable travel time to and from the facility only. Allowances may be made for reasonable meal periods and occasional periods of time for library study, conferences with instructors and counselors and for special help and attention from the educational program.

(vii) The temporary release committee chairperson shall keep a record of each resident enrolled in an educational leave program. At the conclusion of each semester, the temporary release committee chairperson shall prepare and forward to the facility director a list of all residents who were enrolled in educational leave programs that semester, and indicate whether the residents completed the semester in a satisfactory manner. If a resident did not complete the semester in a satisfactory manner for any reason, including parole, transfer to another facility or sickness, the reason(s) for the resident's noncompletion shall be indicated. The facility director shall transmit such reports to the director of temporary release programs. When appropriate, the temporary release parole officer shall provide the temporary release committee chairperson with a transcript of each resident's semester grades. A copy of these transcripts shall be attached to the temporary release committee chairperson's previously mentioned list of educational leave program participants.

(5) Community services leave and industrial training leave programs. A resident participating in a continuous community services leave or industrial training leave program shall be subject to the same supervision standards required for residents participating in work release programs as specified in paragraph (3) of this subdivision.

(6) Furlough schedules and procedures for continuous temporary release participants.

(i) In order to request a furlough for the purpose of maintaining family ties, a resident must submit a Temporary Release Authorization Request form to his temporary release parole officer. In order to request any other type of furlough, a resident must submit his request form to his facility counselor.

(ii) When a holiday falls on a Monday or a Friday, that day may be granted as part of a furlough after verification by the temporary release parole officer that the resident is not scheduled to work or attend classes on that day.

(iii) A resident who begins a furlough on Saturday morning must return to the facility no later than the following Monday evening. A resident furloughed on Friday evening, or during the day as provided in subparagraph (iv) of this paragraph, must return by Sunday evening.

(iv) A resident who is an active member of a religion which has its religious services or part of its holy day on Friday evening may be granted special permission by the temporary release committee chairperson or the facility director not to return to the facility on the Friday evening before an overnight furlough and may go directly from his job or educational program to his furlough address.

(v) Whenever a resident appears before the Board of Parole and is ordered held by the board, the temporary release committee shall determine whether the resident should remain in his continuous temporary release program and/or whether the resident's furlough schedule should be changed.

(vi) A resident who does not have a suitable furlough address may be given a furlough only for a short, specified period of time.

(c) Return procedures.

(1) Whenever a resident participating in either a short-term or continuous temporary release program returns to the facility from a temporary release program, the resident shall surrender his memorandum of agreement and temporary release identification card.

(2) If a resident fails to surrender his temporary release identification card upon return to the facility, he shall be subject to disciplinary action and referred to the temporary release committee for evaluation of his temporary release program, as appropriate.

(3) The resident shall also surrender any earnings or other funds which come under his control and all money and tokens not used by him while he was out of the facility. All funds must be surrendered in the form in which they were received (i.e., check or cash). The funds shall be delivered to the business office for deposit in the resident's account or to the petty cash account, whichever is appropriate. The resident will be given a receipt for the money he surrenders. Under no circumstances shall a continuous temporary release participant be permitted to take money, tokens or other funds into other parts of the facility.

(4) When a resident has returned to the facility with money in excess of what he has been expected to bring back, an investigation shall be conducted into the source of these funds. If the resident cannot offer an acceptable explanation for the source of these funds, he shall be subject to disciplinary action and referred to the temporary release committee for evaluation of his temporary release program, as appropriate. All excess funds found in the possession of a resident will be considered contraband. Additionally, the failure of a resident to turn in his earnings or any other funds which come under his control shall be considered a serious violation of the resident's temporary release memorandum of agreement, and the resident shall be subjected to disciplinary action which may result in his removal from the program.

(5) The resident will remove his clothing and may be subject to an appropriate search as determined by the facility director. If the facility director so directs, on an individual case-by-case basis and based on reasonable cause, the resident may be directed to submit to a body cavity search.

(6) After the resident has been searched and cleared, the facility staff shall verify the resident's return time in the logbook. The resident may dress in his facility clothing and proceed to the residence area of the facility.

(7) Evaluation upon return. Upon the return of a short-term temporary release participant to the facility, or upon completion or termination of a resident's participation in a continuous temporary release program, the resident's participation in the temporary release program shall be evaluated to determine whether the program was completed successfully and to ascertain whether any program violations occurred. A full report of the resident's performance shall be prepared. The report shall include, but not be limited to: the resident's adjustment to release, his supervision contacts, a statement of any violations of the terms and conditions of release committed by the resident and of any disciplinary action taken, and an assessment of the resident's suitability for parole. A copy of the report, along with a copy of the memorandum of agreement, shall be placed in the resident's facility file and made available to the Board of Parole for the resident's next scheduled board appearance. One copy of each shall also be sent to the director of temporary release programs.

(8) Program violations. If either a short-term or continuous temporary release participant commits any program violation, he shall be subject to disciplinary action and referred to the temporary release committee for evaluation of his temporary release program, as appropriate. Such reports and any follow-up action shall be noted in the resident's facility record. The provisions in Subparts 179-1 and 179-2 of this Part relating to good behavior allowances shall apply to a resident's behavior while participating in a temporary release program outside the premises of the facility. Such allowances may be granted, withheld, forfeited or canceled in whole or in part for behavior outside the premises of a facility to the same extent and in the same manner as is provided for with regard to behavior within the facility premises.

(9) Absconding and failure to return on time.

(i) If a short-term or continuous temporary release participant is unable to return to the facility by the time he is scheduled to return, the resident must contact the facility to report that he is returning late for reasons beyond his control and state the reasons why.

(ii) The facility director, the chairperson of the temporary release committee, the temporary release parole officer, or the resident's facility counselor must either approve the resident's request for an extension of time on temporary release or determine that the resident is to be considered late. However, under no circumstances shall a resident be given any extension of time on work, educational or another continuous temporary release program which would cause him to be in the community more than 14 hours in any given day.

(iii) A resident is to be considered a temporary release absconder if he fails to return to the facility by the time scheduled for return specified in the memorandum of agreement which he signed. If a resident has not returned to the institution at the time that he was due to return, or fails to notify the facility that he will be returning late, the facility will assume the resident does not intend to return and a warrant for his return shall be issued pursuant to Part 181 of this Title.

(iv) If a resident returns to a facility after the scheduled time of return but less than 10 hours late, he shall be subject to disciplinary action and referred to the temporary release committee for evaluation of his temporary release program, as appropriate. An affirmative finding that the resident was late without a legitimate reason shall not automatically render the resident ineligible to continue participating in the current temporary release program or to participate in any kind of temporary release program in the future.

(v) The failure of a resident to voluntarily return to the facility more than 10 hours after his prescribed time of return shall create a rebuttable presumption that the failure to return was intentional. Therefore, in the event that a resident returns to a facility more than 10 hours late, the facility director shall be notified, the incident investigated, and a facility director's proceeding conducted during which the resident will be given the opportunity to rebut the presumption that his failure to return on time was intentional. In the absence of such a rebuttal, the resident is to be found guilty of the disciplinary charge and procedures for his removal from participation in any current temporary release program shall be initiated pursuant to section 179-3.14 of this Subpart. Further, the resident is to be considered ineligible to take part in any temporary release program at any time in the future. A copy of the facility director's proceeding record shall be made part of the resident's facility file. A copy of the record shall be transmitted to Central Office and a copy made available to the Board of Parole for the resident's next scheduled board appearance.

(vi) For temporary releasees 16 years of age and older, absconding from temporary release constitutes a felony. Upon an affirmative finding at a facility director's proceeding that a youth has absconded from temporary release, the facility director shall file criminal charges against the resident alleging a violation of section 205.17 of the Penal Law--absconding from temporary release, 1st degree--and shall promptly notify regional administration.

(vii) The temporary release parole officer is responsible for promptly preparing a report of violation of temporary release after a continuous temporary release participant absconds from temporary release.

(10) Arrest of a resident on temporary release. If it becomes known that a resident is arrested while participating in a short-term or continuous temporary release program, the facility director shall arrange contact with the arresting agency in order to secure the details of the arrest. The temporary release parole officer shall prepare a supplementary report of violation of temporary release, detailing the new criminal charges, as soon as possible following the arrest. If criminal charges are pending as a result of a resident's arrest while on temporary release, a division warrant and/or detainer shall be issued immediately and lodged against the resident at his place of confinement. The facility director shall advise both regional administration and the director of temporary release programs of the details of the arrest and any action taken. The facility director shall arrange for the resident's return to Division for Youth custody upon release from local custody, if legally appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.13