N.Y. Comp. Codes R. & Regs. tit. 7 § 1900.5

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

Section 1900.5 - Central office review procedures and policies

Director, temporary release programs.

(a) Upon receipt by central office of a temporary release application form, inmates within the aforementioned central office review categories, the director of temporary release programs and his staff shall review requests, and when he or a member of his staff concurs with the decision of the temporary release committee and the superintendent, he, when applicable, shall transmit that application to the commissioner who shall then review the application in accordance with the procedure hereinafter described in this directive.

(b) When statutory applications are approvable by the central office reviewer, he shall transmit to the commissioner the summary prepared by the temporary release committee, the superintendent's endorsement, the criminal history summary, the temporary release decision guidelines, and the recommendation of the central office staff.

(c) Statutory and special review cases shall require central office temporary release program staff to not only review each application to assure compliance with program guidelines and policy, but such monitoring shall be a review of the file to determine that the release decision is consistent with the welfare of the inmate, the safety of the community, and the general purposes of section 851 of the Correction Law. Where the review by central office temporary release program staff reveals a lack of compliance with the guidelines or that the decision to permit the inmate to participate in a temporary release program is inconsistent with the welfare of the inmate, the safety of the community, or the general purpose of section 851 of the Correction Law, the application shall be disapproved. Such disapprovals shall be appealable in accordance with the relevant provisions provided for in section 1900.6 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1900.5

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