N.Y. Comp. Codes R. & Regs. tit. 7 § 220.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 220.5 - Family participation

(a) Eligible relations. Applications for participation in the FRP may be made for the following family members, all of whom must have established a recent and consistent visiting pattern. A recent and consistent visiting pattern is defined as three visits , not including family reunion visits, within the past 12 months . Central office d iscretion may be used in situations where a family member is elderly, a minor, infirmed or resides more than 300 miles (in or out of state) from the FRP site . A prolonged (one year or more) disruption in a visit pattern will require a written explanation from the visitor, as to the reason for the disruption, and central office review. In such cases, reestablishment of a consistent visit pattern may be required before being reconsidered for the FRP. The number of allowed participants, to include the incarcerated individual, will be limited to five.

(1) Legal spouses--a husband/wife of the Incarcerated Individual to whom he or she has been married for at least six months, prior to submitting an application, and who is not him self or herself a resident of a New York State correctional facility. Spouses must possess documentation of a valid marriage certificate or a declaratory judgment stating the validity of an out-of-state common-law marriage.

(2) Children of the Incarcerated Individual , 18 years of age and older.

(3) Minor children of the Incarcerated Individual , (under 18 years of age) may participate when accompanied by the incarcerated individual's spouse, parents or grandparents, provided:

(i) the accompanying adult is otherwise eligible for the FRP; and

(ii) written notarized permission has been received from the child's legal guardian, if that person is not the accompanying adult.

(4) Unaccompanied minor children, if:

(i) written permission is received from the child's non - incarcerated parent or legal guardian; and

(ii) subject to special review and approval by the superintendent; and

(iii) provided the child will be escorted to and from the facility by their non - incarcerated parent or legal guardian, another adult designated by the non - incarcerated parent or legal guardian, or an adult in an official capacity with proper identification and such escort will remain available via telephone for the duration of the visit; or

(iv) If married and proof of age and marriage have been provided.

(5) Parents or step-parents (one parent biological). Long term relationship with step-parent must have been established and documented prior to incarceration if biological parent is not participating.

(6) Grandparents.

(7) Foster parents/guardian, when legal documentation is provided and verification can be assured.

(b) Special review/family. The following family members, all of whom must have established a recent visiting pattern, may be considered for participation after a special review:

(1) N ieces and nephews : Eighteen (18) of age and under when accompanied by an approved parent or legal guardian. Individual cases may receive special consideration in the review process for nieces and nephews over age 18 who have a history of prior FRP participation ;

(2) Ancestral aunts and uncles : an approved ancestral aunt or uncle may be accompanied by his or her spouse ;

(3) Siblings: full or half, must have at least one biological parent in common. A Birth Certificate must be provided to verify the relationship. a dult siblings may be accompanied by their legal spouses;

(4) Cousins are not allowed;

(5) Step children : Notarized, written permission from noncustodial biological parent if the custodial parent claims that they no longer have contact with the noncustodial parent, they must provide a notarized letter explain why the noncustodial biological parent cannot/will not provide permission and that the custodial parent is assuming responsibility for the visit. Stepchildren must be accompanied by their biological parent if they are alive. Those over 18 years of age must have a history of prior FRP participation ;

(6) Grandchildren and step - grandchildren of the incarcerated individual when accompanied by an approved parent or legal guardian;

(7) In-laws: In-law relationships that may be considered: Mother-in-law/Father-in-law, son-in-law/daughter-in-law, brother-in-law/sister-in-law. Brother-in-law and sister-in-law are defined as the legal spouse/partner to the sibling of the incarcerated individual. All in-law relationships require special review and do not imply approval;

(8) Incarcerated individuals are not allowed to participate with other incarcerated individuals;

(9) Family members who are currently under parole/probation supervision require special review. In addition, they will need written approval from their parole/probation officer, stating specifically that they can participate in a FRP visit;

NOTE: For relationships/situations requiring notarized letters, those letters must be updated for every visit.

(c) Suspension of eligibility: A visitor participant found in violation of the FRP regulations/standards may have his or her eligibility suspended. Suspension will be levied according to the severity of the violation and in accordance with section 201.4 of this Title. Any suspension of FRP visitation will include a reapply date. Upon reapplication, the restoration of FRP or continuation of the suspension will be decided.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 220.5

Amended and Renumbered from 220.3 New York State Register August 4, 2021/Volume XLIII, Issue 31, eff. 8/4/2021