N.Y. Comp. Codes R. & Regs. tit. 7 § 1900.3

Current through Register Vol. 46, No. 18, May 1, 2024

Section 1900.3 - Types of temporary release

(a)Leave of absence.

Any inmate may apply for this program regardless of time criteria, as long as all other eligibility requirements are satisfied. A minimum score of 30 is necessary for participation for a leave of absence. With the exception of the point score requirement, the commissioner reserves the right to waive all eligibility requirements for a leave of absence, unless otherwise prohibited by the Correction Law. A leave of absence lets an inmate leave an institution:

(1) to visit his/her spouse, child, brother, sister, grandchild, parent, grandparent or ancestral aunt or uncle during his or her grave illness when death appears to be imminent. (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.);

(2) to attend a funeral of such individual; or

(3) to undergo surgery or to receive medical, mental health or dental treatment not available in the 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/her designated representative. A temporary release programs medical leave of absence form 4188 must be completed and signed by the facility health services director.

(b)Community services leave.

This allows eligible inmates to be granted the privilege of leaving the premises of an institution for up to 14 hours in one day for the purpose of participation in religious services, volunteer work, in nonprofit organizations, public agencies or special community projects, athletic events or cultural events not available in the facility. A minimum score of 30 is necessary for participation on a one-day basis; however, continuous community services work on a daily basis requires a minimum score of 32.

(c)Furlough.

(1) This allows an eligible inmate to leave a facility for up to seven days:

(i) to solve family problems (family being those individuals identified in paragraph (a)(1) of this section) and maintain family ties;

(ii) to seek employment;

(iii) to seek post-release housing;

(iv) to attend a short accredited academic or vocational leave training program or class; or

(v) for rehabilitation therapy.

(2) A minimum point score of 30 is necessary for participation in the furlough program. General confinement inmates who have been previously accepted for furlough may apply only if they are eligible under the following rules:

(i) No one may take:

(a) more than 28 days in any furlough year;

(b) more than 14 days in the first six months of any furlough year; or

(c) more than seven days in any 28-day period.

(ii) No one may take a furlough longer than seven days.

(iii) The furlough year begins on the date an inmate takes his/her first furlough and ends 365 days thereafter.

(3) If the timing of the application does not conform to these guidelines, the application may be deferred from immediate consideration by the temporary release committee until he/she is time eligible.

(d)Industrial training leave.

This program allows an eligible inmate to leave a facility for up to 14 hours in any day to participate in an industrial training program. Thirty-two points are necessary for industrial training leave participation.

(e) This program allows an inmate to leave a facility for up to 14 hours in any day to attend an academic or vocational training program or class. Prior to application for educational leave, he/she must have applied to a college within commuting distance of a participating facility and must have been accepted to the academic or vocational training program or class. Thirty-two points are necessary for educational leave participation.

(f) Work release.

The work release program allows an eligible inmate to leave a facility for up to 14 hours in any day to work or for on-the-job training. Thirty-two points are necessary for work release participation.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1900.3

Amended New York State Register February 7, 2018/Volume XL, Issue 06, eff. 2/7/2018