N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.7

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

Section 179-3.7 - Procedures for committee considering an application

(a) Resident application. A resident may apply for a temporary release program by filling out the Application to Temporary Release Committee form, indicating the type of temporary release for which he wishes to apply and his reasons for applying.

(b) Preliminary review for eligibility. Upon receiving an Application to Temporary Release Committee form, the interviewer shall review the resident's file to determine whether the resident is eligible to participate in the temporary release program, using the criteria set out in section 179-3.6(a) of this Subpart. All subsequent steps shall be recorded on the appropriate forms.

(c) Review for suitability. The interviewer also shall evaluate the applicant for suitability, using the criteria set out in section 179-3.6(b) of this Subpart. The interviewer shall indicate the results of his evaluation on the Application Evaluation form. The interviewer shall preliminarily screen for offenses involving the use or threatened use of a weapon, infliction of a serious physical injury upon another, or a sexual offense involving forcible compulsion. Serious physical injury means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. If the applicant has committed one or more of these offenses, the interviewer shall indicate such by checking the statutory review box on the Application Evaluation form for the special attention of the director of temporary release programs and the director of the division.

(d) Notice to resident. The interviewer shall notify the resident, via the Notification to Resident form, of the results of the preliminary review. If the resident is ineligible to participate in the temporary release program, he for ineligibility include, but are not limited to: statutory ineligibility, outstanding warrants, a serious disciplinary action, escape or absconding, attempted escape or absconding, or improper temporary release purpose. If the resident is eligible to participate in the temporary release program, he shall be notified of the time of his interview.

(e) Interviewer meets with resident. After evaluating the application for suitability, the interviewer shall meet with the resident to explain the evaluation process and the preliminary results. Any dispute about information used in evaluating the application shall be noted by the interviewer. If there is no indication in the files that the information is inaccurate, the resident should be asked to provide some evidence that the information in the file is wrong. However, if it appears that the information in the file may be incorrect and it also appears that the resident might have some difficulty in obtaining the correct information, the interviewer should attempt to verify the information.

(f) Schedule resident meeting with temporary release committee. If the applicant is eligible to participate in the temporary release program, an interview for the resident with the temporary release committee will be scheduled. The chairperson shall notify the resident of the meeting via the Notification to Resident form. Copies of the notification shall be provided to all appropriate parties.

(g) Appearance before the temporary release committee and notice of decision.

(1) Review of the resident's facility file. When examining the file, the committee shall carefully review the placing offense(s). In the case of a crime of violence, attention should be paid to the resident's participation in the crime, whether serious physical injury resulted, and any use of a weapon.

(2) Temporary release committee recommendation. After meeting with the resident, the temporary release committee will either recommend approval of or disapprove the application for temporary release. The committee's decision shall be made at a meeting of the full committee. In making its decision, the committee should center its attention on the interview, documents in the facility record, Application Evaluation form and specific recommendations of staff. The committee shall also take into account any other factors which it finds significant.

(3) Standard for referral. In general, the applicant's ability to profit from participation in temporary release should be weighed against whatever risk his release would pose to the community or the program. A resident should be denied temporary release if his presence in the community would pose an unwarranted threat to his own or public safety, or if there is substantial evidence to indicate the resident cannot successfully complete his requested temporary release program.

(4) Disapproval of the application. If the committee decides not to approve an application, the resident shall be so notified and provided with a statement of the reasons. No further action shall be taken regarding the application. Should the case warrant, the resident may be advised not to reapply for the program requested because he is not suitable for such a program. Disapproval of an application by the temporary release committee shall be appealable pursuant to section 179-3.9 of this Subpart.

(5) Approval.

(i) A decision to recommend approval of an application must be approved by a majority vote of the committee. If the temporary release committee recommends approval of a resident's application, the resident's temporary release file, including a memorandum setting forth the proposed temporary release program and, where appropriate, stipulating the extended bounds of confinement, shall be forwarded to the facility director.

(ii) If, at any stage in the approval process, new or additional information becomes available concerning the resident's eligibility or suitability, the temporary release committee chairperson shall review that information for its impact on the temporary release committee's decision. If necessary, the temporary release committee shall be reconvened, the new information reviewed, the resident interviewed, and an updated decision rendered. Such information and decision shall be incorporated into the resident's temporary release file.

(h) Review by facility director. The facility director shall review the resident's temporary release file and decide whether to endorse the resident's application. If the facility director does not endorse the application, he shall state his reason(s) in writing and a copy of this statement shall be given to the resident and included in the resident's temporary release file. If the facility director endorses the application, he shall so indicate by signing the Central Office Referral Memorandum form.

(i) Referral of an application to the director of temporary release programs for review. All applications recommended for approval by the temporary release committee shall be forwarded to the director of temporary release programs in Central Office for review, regardless of whether the facility director endorsed the application. The resident's temporary release file, along with any other pertinent information, including the facility director's statement if he does not endorse the application, shall be sent to the director of temporary release programs.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.7