N.Y. Comp. Codes R. & Regs. tit. 7 § 1926.2

Current through Register Vol. 46, No. 22, May 29, 2024

Section 1926.2 - Memorandum of agreement (moa)

The MOA must be signed by the inmate and approved in accordance with the same procedures in effect for TRP memoranda of understanding, as set forth in section 1902.1 of this Title.

(a) The day reporting MOA shall contain the following information where applicable and any other information which may be applicable to the inmate's particular day reporting program:

(1) day reporting facility name, inmate name, department identification number, NYSID number;

(2) type of day reporting program and initial work date, if any;

(3) residence, residence telephone number, inmate's relationship to resident;

(4) inmate's extended bounds of confinement; and

(5) area parole office, assigned parole officer and correction counselor.

(b) A notation by the preparer that there is documentation in the inmate's file that the employer or school is aware that the subject is an inmate, or that on the given date the correction counselor or assigned parole officer advised the inmate's employer or school (name of person advised should be given) about the inmate's status.

(c) An MOA will also include the following statements:

(1) "Participation in a day reporting program may be terminated when, in the judgment of the temporary release committee an inmate's continued participation in the program is not consistent with the safety of the community.

I accept the foregoing program and agree to be bound by the terms and conditions thereof. I understand that I will be under the supervision of the N.Y.S. Department of Correctional Services while I am away from facility premises and I agree to comply with the instructions of any parole officer or employee of the department assigned to supervise me.

I understand that my participation in the program is a privilege which may be revoked at any time, and that if I violate any provision of the program I may be taken into custody by any peace officer or police officer and I will be subject to disciplinary procedures. I further understand that if I intentionally fail to report to my assigned reporting location at or before the time specified in the memorandum that I may be found guilty of a felony."

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1926.2