N.Y. Comp. Codes R. & Regs. tit. 7 § 220.6

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

Section 220.6 - Application processing (full cycle)

The following full-cycle procedures are to be used in processing applications of :

* incarcerated individuals who have not successfully participated in the program

* prior participants who now have received a disapproval recommendation at the facility level

* current participants who request to add new family members

* two or more documented, consecutive FRP visit cancellations/no shows by the incarcerated individual or requested visitor. Reapplication will require a notarized, written statement from the visitor explaining the reason for the cancellation and their desire/commitment to re-establish FRP visitation. Excessive cancellations/no-shows may lead to program suspension.

(a) Processing of the application: The facility level process may take up to five weeks to conduct. The FRP ORC is responsible for tracking the application progress.

(1) Incarcerated Individual.

(i) submits written request to the FRP ORC for an FRP application;

(ii) completes sections 1 and 2; application must be completed in entirety and be legible;

(iii) returns completed application to FRP ORC; and

(iv) if a marriage occurred prior to incarceration, the incarcerated individual must provide the FRP ORC with a valid copy of the marriage certificate.

(2) Facility FRP ORC .

(i) Receives the application from the incarcerated individual and date stamps it; logs receipt of application and assigns a log number on the FRP program log; and enters the log number on the FRP application. Only individuals listed on a specific application will be considered for the corresponding visit ;

(ii) Reviews application for completeness and accuracy; incomplete or illegible applications will be returned to the incarcerated individual;

(iii) Ensures the total number of requested FRP participants, to include the incarcerated individual, does not exceed the occupancy capacity of the FRP unit (trailer/modular). Applications requesting participants exceeding this limit will be returned to the incarcerated individual;

(iv) FRP ORC prepares the FRP ORC Family Reunion Program preparation checklist. (v) Reviews for disqualifying conditions set forth in Section 220.4(b). Proceeds as warranted;

(vi) Obtains authorization form for the release of health information including alcohol/drug treatment, mental health information, and confidential HIV-related information from every applicant who is applying for a N FRP visit with his or her spouse. This authorization needs to be completed only once for a particular spouse at the current facility :

(a) reads and/or explains the above authorization to the applicant if the applicant cannot read , cannot understand, or has questions concerning the authorization;

(b) explains that this authorization in no way implies that the applicant is HIV positive or has AIDS; and

(c) files the notice of authorization in the incarcerated individual's FRP folder.

(vii) Returns incarcerated individual copy of the application with the log number to the incarcerated individual ; and

(viii) If all above conditions are satisfied, forwards the application to incarcerated individual's designated ORC .

(3) ORC .

(i) Confirms temporary release eligibility ;

(ii) Reviews incarcerated individual's institutional program participation and adjustment which includes verifying current program status and any previous refusals and negative removals. This also includes verification of participation in any therapeutic self-help service (e.g., AA/NA/AVP) along with participation in any contract agency programs;

(iii) Verifies that all requested visitors are on incarcerated individual's approved visiting list ; notes any order of protection known to exist; (iv) Recommends approval or disapproval, including reason(s) for recommendation;

(v) Returns application to facility FRP ORC, who forwards it to the deputy superintendent for security services (DSS) .

(4) DSS or designee (not below the rank of captain).

(i) Checks incarcerated individual's security file for major, chronic, severe , or excessive disciplinary problems and reviews for unusual incidents;

(ii) Checks for outstanding warrants; indicates whether Incarcerated Individual is an escape risk ;

(iii) Recommends approval or disapproval, including reason(s) for recommendation;

(iv) Forwards application to the facility FRP ORC .

(5) Facility FRP ORC .

(i) Reviews incarcerated individual's guidance unit records ;

(ii) Reviews family data from probation report and checks for psychiatric evaluation ;

(iii) Attaches pertinent supplemental data for superintendent's evaluation and review ;

(iv) Recommends approval or disapproval, including reason(s) for recommendation ;

(v) Forwards the FRP ORC Family Reunion Program Preparation Checklist to the DSP for review;

(vi) Forwards application to superintendent.

(6) Facility superintendent (or designee : specifically, assistant deputy superintendent for program services (ADSP) and above).

(i) Reviews application in its entirety ;

(ii) Recommends approval or disapproval; if recommending disapproval , the reason(s) must be stated;

(iii) Returns application and signed checklist to the facility FRP ORC , who makes a copy of the packet for the facility file and forwards the originals to central office.

(7) Director of ministerial, family and volunteer services (MFVS) (or designee).

(i) Date stamps and logs the application;

(ii) Reviews the application to ensure completeness; incomplete and/or illegible applications will be returned to the facility FRP ORC with an explanation as to the deficiency. The FRP ORC will advise the incarcerated individual of the inaccuracy with direction to submit a new legible application. This will restart the whole process;

(iii) All FRP eligibility criteria must be established prior to the submission of the application;

(iv) The approval or disapproval shall specifically specify the reason(s) supporting the decision. In addition, any disapproval in full or in part, must contain any corrective action the incarcerated individual must make in order to reapply for reconsideration;

(v) MFVS will log out the application;

(vi) Returns the application to the facility FRP ORC with the appropriate information. Note: An incarcerated individual may rescind an application prior to the central office decision. In order to do so, the incarcerated individual must submit their request in writing to the FRP ORC. The request must include the incarcerated individual's name, identification number, date, application number, and explanation as to why he or she is rescinding the application. Any incomplete requests will be returned. The FRP ORC will forward the request to central office for determination. Central office will return the decision to the FRP ORC who will notify the incarcerated individual of the decision and file it in the FRP folder.

At no time will family members be given information related to the status of an application/appeal. Completion of suggested corrective action does not imply future approval. Compliance only affords the incarcerated individual eligibility to reapply.

(8) Facility FRP ORC . Upon approval of the director of ministerial, family and volunteer services (or designee) or the superintendent, transmits the names of approved applicants to the facility health services unit. Approved spousal visit applicants shall be clearly highlighted. For initial spousal visits, the authorization for the release of health information including alcohol/drug treatment, mental health information, and confidential HIV-related information shall be provided to the health services unit. A copy of this authorization shall be retained on file in the incarcerated individual's guidance unit record.

(9) Facility health services unit. Upon receiving the name of a spousal visit applicant, verifies the existence of the signed authorization for the release of health information including alcohol/drug treatment, mental health information, and confidential HIV-related information and reviews the incarcerated individual's medical record.

(i) Health services staff (e.g., MD, PA, NP, RN) will review the incarcerated individual's medical record and screen for communicable diseases. A determination of the incarcerated individual's medical clearance will be documented in the medical record for each FRP visit. For initial visits, and/or any confirmed changes in communicable disease status, health services staff will document, in the medical record, the completion of the notification letter to the incarcerated individual's spouse .

The notification letter will include educational materials and shall be placed in a sealed envelope with the spouse's name written on the envelope. The envelope is returned to the FRP ORC who will forward it, with the seal unbroken, to the spouse in an interview prior to the visit.

(ii) if an Incarcerated Individual is HIV positive or known to have HIV disease, chronic hepatitis B, or chronic hepatitis C disease, a notification letter of known communicable diseases will be utilized.

(iii) If an incarcerated individual has no known communicable diseases, a notification letter of no known communicable diseases will be prepared for the incarcerated individual's spouse of the inmate's health status.

(iv) The incarcerated individual may have a medical condition other than HIV infection , chronic hepatitis B, or chronic hepatitis C disease that is communicable or otherwise prevents a FRP visit . T he health services staff (e.g., MD, PA, NP, RN) shall notify the FRP ORC that the FRP visit is denied "for medical reasons" but that the Incarcerated Individual may reapply at a later date.

(b) Processing approval for Incarcerated Individual to participate. The facility FRP ORC shall notif y the inmate of their approved application.

(c) Processing approvals of family members to visit. All visitors are required to submit two forms of identification. One must be a photo I.D. In addition, a birth certificate will be required to establish proof of biological relationship and remain on file in order to participate.

(1) First-time visitors. The ] FRP ORC shall:

(i) Forward a notification packet to each adult that has been approved for participation in the FRP. Family members will be informed of the need for a photo identification interview and verification of documents by the facility FRP ORC. The notification packet should consist of the following: the FRP approval, the document verification form, and the FRP guidelines.

(ii) Upon receipt of the required documents, schedule a photo identification interview, described below, for each first time visitor age 13 or older and for previously approved children at the time they become 13.

Note: approved relatives from out-of-state may be scheduled for this identification interview on the first day of an approved visit.

(iii) Visitors shall be advised to bring with them two forms of identification to be presented during the interview. Spouses must bring marriage certificates , and brothers and sisters their birth certificates. Other relatives (aunt, uncle, etc.) must bring proof of relationship.

(iv) Visitors shall be informed that a full front face photograph will be taken, which will be signed and dated by the visitor, and countersigned and dated by the facility FRP ORC or assistant.

(v) Visitors shall be informed that the photograph will be retained in the incarcerated individual's FRP file and will be used only for identification purposes at the time of the visit.

(vi) If a photograph is lost or destroyed, or if the facility's superintendent, deputy superintendent for security services, or FRP ORC determines that there is a demonstrably essential need for an additional photograph, it shall be taken.

(2) Processing for Interview/Photo Identification Interview: The FRP ORC shall:

(i) On the scheduled day, meet family members, collect and review all of the hard-copy documents requested for verification. Interview family members and address all concerns, and conduct a review of the FRP guidelines.

(ii) Ensure that a full-front face photograph is taken for the photo identification that is required for each of the approved family members. The identification shall be signed and dated by the family member visitor and countersigned and dated by the FRP ORC or designee.

(iii) Schedule the visit for the first available date. Issue the completed FRP visitor contact letter to the visitor with a copy going to the incarcerated individual and the FRP file.

(3) Prior to the FRP visit. The FRP ORC shall:

(i) Complete the security card for the FRP no later than one week before visit and distribute it to appropriate areas. .

(ii) Place communicable disease educational material in an unaddressed envelope and give it to an adult visitor that is not the incarcerated individual's spouse. Give each visiting spouse the addressed envelope prepared by facility health services containing communicable disease educational material (which will be distributed at the commencement of the scheduled FRP visit) .

(iii) For the initial visit, if the FRP visit begins on a weekday, the FRP ORC will greet family members upon their arrival in order to provide orientation which will include, but is not limited to, FRP policy and procedures, consequences of FRP violations (for incarcerated individual and family members), prepared envelope, and the Prison Rape Elimination Act (PREA).

(iv) Provide support and referral to family members who request assistance.

(d) Processing disapproval of incarcerated individual to participate: appeal process

(1) The FRP ORC shall:

(i) inform incarcerated individual of disapproval, and the reason(s) for such disapproval using the appropriate form;

(ii) inform the incarcerated individual what steps they may take to remedy the reason(s) for disapproval.

(iii) Inform incarcerated individual of their option to appeal and the rules of appeal:

(a) FRP ORC will provide the documentation for the appeals process for FRP denials. Appeals must be submitted in accordance with this documentation.

(b) From the date of receiving the notice of disapproval, the incarcerated individual has 30 days to submit an appeal.

(c) The appeal must contain a copy of the disapproval notice issued by the FRP ORC and the incarcerated individual's appeal statement which must include a clear description of why an appeal is being submitted. Incomplete appeal packets will not be considered and will be returned to the incarcerated individual. Resubmissions must be received within 30 days from the date the Incomplete FRP Appeal Notice is returned to the incarcerated individual.

Note: An incarcerated individual may rescind an appeal prior to the director of MFVS's review. In order to do so, the incarcerated individual must submit their request in writing to the FRP ORC. The request must include the incarcerated individual's name, identification number, date, application number, and explanation as to why he or she is rescinding the appeal. Any incomplete requests will be returned. The FRP ORC will forward the request to central office for a determination. Central office will return a decision to the FRP ORC who will notify the incarcerated individual of the decision and file it in the FRP folder.

(2) The director of ministerial, family and volunteer services (or designee) shall:

(i) Review the appeal packet to ensure timeliness and completeness; untimely and incomplete appeals will not be considered eligible for review.

(ii) Ensure that FRP criteria was met prior to the date of application.

(iii) Forward a written decision to the incarcerated individual, with a copy to the FRP ORC. If the appeal is denied, the notice will inform the incarcerated individual as to his or her ability to reapply. If approved, the notice will give direction to the FRP ORC as how to proceed.

(iv) Satisfactory completion of recommended programs does not imply approval for the FRP.

(v) The director of ministerial, family and volunteer services will respond within 90 days of receipt of the letter of appeal stating the reason(s) for sustaining or reversing the decision. Appeal decisions are final and cannot be appealed.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 220.6

Amended and Renumbered to 220.7 New York State Register August 4, 2021/Volume XLIII, Issue 31, eff. 8/4/2021

In the event of either subdivision (a) or (b) of this section, the inmate's application must be reviewed by the deputy commissioner for program services or his/her designee. In the event of subdivision (c), the inmate's application must be processed full-cycle pursuant to sections 220.4 and 220.5 of this Part, with the new visitors being subject to the requirements of a home visit and photo interview.