N.Y. Comp. Codes R. & Regs. tit. 7 § 1904.1

Current through Register Vol. 46, No. 19, May 8, 2024

Section 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.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1904.1