N.Y. Comp. Codes R. & Regs. tit. 7 § 1903.2

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

Section 1903.2 - Procedures for the operation of continuous temporary release programs

(a) Transfer.

(1) An inmate may not be transferred to another correctional facility for continuous temporary release programming unless his care has first been approved for such programming by the director of temporary release programs. Under no circumstances shall the director of classification and movement issue transfer orders to have inmates transferred to another correctional facility for continuous temporary release programming unless that inmate has first been approved for such programming by the director of temporary release programs.

(2) Any inmate transferred to a facility, who is approved for participation in a continuous temporary release program at the receiving facility, will have his release clothing issued at the transferring facility. That facility will send the clothing to the receiving facility on the same bus with the inmate and his other property.

(3) Prior to allowing an inmate to be transferred, the transferring facility's temporary release committee chairperson must check the inmate's record to ascertain whether or not any changes in the inmate's record would cause recision of approval as outlined in section 1901.1(d) of this Title.

(b) Orientation.

(1) As soon as possible after arrival at a correctional facility for continuous temporary release programming, each inmate shall be individually interviewed by a correction counselor and a temporary release parole officer. These interviews shall include the following:

(i) a clarification of the inmate's objectives in his continuous temporary release program and a compilation of his past employment and/or educational history;

(ii) an identification of the inmate's problem areas, and plans for dealing with them;

(iii) initial explanation of the program rules and expectations;

(iv) initial preparation of a time schedule and a financial plan for the inmate;

(v) a description of the correction counselor's responsibility for initial in-house preparation for continuous temporary release programming; and

(vi) a description of the temporary release parole officer's field responsibilities, including home and job visits.

(2) As soon a possible upon entry into any correctional facility where an inmate has been transferred in order to take part in a continuous temporary release program, the inmate shall participate in an orientation program which shall introduce the inmate to the facility and the program. This orientation shall include:

(i) a tour of the facility;

(ii) an explanation of the in-house maintenance programs, including the in-house work assignments which the inmate will be required to perform;

(iii) a detailed explanation of the facility rules as well as the rules of the temporary release program;

(iv) an explanation of the job development, alcohol counseling, narcotic drug counseling, and mental health counseling services which, if in operation, are available to the inmates;

(v) scheduling of further meetings with the correction counselor and temporary release parole officer staff;

(vi) explanations of facility financial processing procedures for the disbursement of inmate funds, advances of funds in special situations, and the surrender of pay checks and other monies to the facility processing officer upon the inmate's return to the facility each day as specified in more detail in this section. Those who conduct the orientation shall emphasize to the orientation group of inmates that failure to turn in pay checks and other monies which have come into the inmate's control shall be considered a serious violation of the rules of the temporary release program, and may result in the inmate's removal from such programming;

(vii) inmates shall be advised that they should try to have available in their inmate account sufficient funds to cover incidental expenses during job search furlough beyond that specified in subdivision (f) of this section;

(viii) inmates shall be advised that during the orientation period they will continue to earn an incentive wage allowance at step 2, grade II, and should be advised to budget some portion of these funds for incidental job search expenses described above;

(ix) inmates who have no funds in their inmate account upon arrival in program may be granted financial advances from the facility's business office to cover the incidental expenses connected with their job search furloughs on their initial furloughs provided the chairperson of the facility's temporary release committee and/or facility's superintendent has reason to believe that these funds will be repaid by the inmate once he begins receiving wages from his employment. Once these funds are actually disbursed to the inmate, the temporary release committee chairperson, in coordination with the facility's counseling, parole and business office staff, shall be responsible to see to it that these funds are repaid once the inmate is in a financial position to repay them. The refusal of an inmate to repay funds which were advanced to him, provided that the inmate is actually able to repay them, shall be an indication that the inmate is too untrustworthy a person to continue in his program of temporary release, and may be grounds for removing the inmate from program;

(x) explanation of the furlough eligibility requirements and furlough scheduling;

(xi) actual preparation for job search furlough, work release, or educational release by the facility's correction counselor or temporary release parole officer's staff, and the completion of the inmate's temporary release memo of agreement which the preparer shall make certain has been signed by the inmate; and

(xii) notification to local enforcement officers (form 4186 [TRP-8]) shall be sent out once indicating that the inmate is a continuous temporary participant. This will be done five working days to commencement of furlough/work release or community service leave.

(c) Processing procedures.

(1) All inmates who are confined in facilities which are exclusively continuous temporary release facilities shall leave and return to the facility through the processing room. However, general confinement facilities which have only a small number of inmates participating in continuous temporary release programs may modify these procedures to meet their unique needs. Notice of these processing procedures shall be filed with the director of temporary release programs.

(2) All inmates in continuous temporary release programs shall be assigned a numbered processing room locker, and shall be given a lock to protect their clothing and personal belongings. The facility may demand financial reimbursement for the lock which is provided to the inmate. The inmate will hold one of the two keys to the lock, while the second key will be sealed in an envelope, and kept in a locked, secure place in the facility. The inmate's locker may be opened at any time by the facility's superintendent or his designee.

(3) Facilities are encouraged to provide small lock boxes to the inmates participating in continuous temporary release programs in which they will keep their weekly allowance. Again, the inmate will be given one of the two keys to the lock box, while the second key will be sealed in an envelope, and kept in a locked, secure place in the facility. The contents of these lock boxes may be opened at any time by the facility's superintendent or his designee. However, a written notice must be filed in the inmate's case folder that this was done.

(4) Where the facility does not provide the continuous temporary release participant with a lock box for the inmate to secure his weekly allowance, the inmate will be given an envelope containing his funds each morning prior to leaving the facility, and must sign a receipt for receiving these funds. Further, upon his return to the facility, the inmate will turn in all of his funds to the processing room officer, and shall receive a receipt from the processing room officer documenting the amount of money which was turned in. This receipt should be signed by both the inmate and the processing room officer.

(5) No inmate shall be permitted to even enter the processing room unless the processing office has in his possession a temporary release program memo of agreement and a temporary release program inmate identification card. The facility's superintendent shall designate a correction counselor, temporary release parole officer, or correction officer who shall have the responsibility to deliver memos of agreement and identification cards to the processing room, and this same person shall be responsible to see to it that the memo of agreement and identification cards are removed from the processing area and placed in the inmate's case file in the event that the inmate is placed on restriction.

(6) The employee who is delegated by the superintendent with the responsibility to deliver and remove the memo of agreement and identification cards to the processing room shall not deliver any memos of agreement unless they have been signed by the inmate, and shall be held responsible if an inmate leaves a correctional facility without having signed a memo of agreement.

(7) The superintendent shall designate an employee in the facility's business or fiscal office to be responsible for delivering to the processing room the inmate's daily or weekly funds which are to be distributed by the officers in the processing room.

(8) In accordance with section 856.1 of the Correction Law, each inmate leaving a correctional facility in order "to participate in a temporary release program shall have on his or her person, a temporary release identification card identifying him or her as a participant in a temporary release program as signed by the superintendent of the institution, and shall exhibit such card to any peace officer upon request of the officer." The superintendent shall designate an employee to be responsible for the preparation of this card.

(i) All information required on the card is to be completed. Note that the section marked "effective date _____ to _____" shall be completed so that the first date of the inmate's participation in program shall appear in the left hand blank space and right hand blank space may remain uncompleted.

(ii) The temporary release identification card shall be given to the inmate as soon as possible after his reception in a continuous temporary release program. If the facility permits, he may keep it on his person for identification purposes in the facility and must carry it while he is outside of the facility.

(iii) [Reserved]

(iv) The loss of a temporary release identification card shall be deemed as an act of misconduct for which the inmate should be written up and taken through at least minimal disciplinary proceedings which would require reimbursement to the facility for the expense of issuing a new temporary release identification card.

(v) When a continuous temporary release participant is paroled, conditionally released, transferred to another correctional facility, or moved from his temporary release program, it is the responsibility of the chairperson of the temporary release committee to confiscate the inmate's temporary release identification card from the inmate, and see to it that the card is destroyed.

(9) Prior to the inmate's actual release from the processing room, the processing officer shall make certain that the inmate has in his possession a signed temporary release identification card and sufficient travel money to get him to the destination indicated on his memo of agreement and back to the facility. The processing officer is also responsible to see to it that no restriction order has been placed against the inmate. In the event that the inmate's papers are not in order or a restriction is in effect, the processing room officer shall advise the watch commander, and the chairperson of the temporary release committee by telephone, and shall refer the inmate to the facility's staff member who can clarify or correct the unusual situation. Under no circumstances shall the processing room officer permit an inmate whose status in his temporary release program is in question to wait for clarification of his situation in the processing room area.

(10) The inmate will change from his institutional clothing to his civilian clothing prior to leaving the facility, and will lock his institutional clothing in his locker.

(11) After a visual inspection by the processing officer, the inmate will go to the officer's desk area where he will be issued funds which were previously authorized by the program staff. The inmate will sign a receipt for monies received.

(12) Upon this return to the facility from temporary release, the inmate will empty his belongings into the appropriate receptacle at the entrance door and then proceed through a metal detector, if the facility has one, into the processing room.

(13) All money and tokens not used by the inmate when he was out of the facility will be either deposited in the inmate's lock box under the processing officer's supervision, or will be turned in to the officer. The officer will record the amount of money deposited in the lock box, or will give the inmate a receipt for money turned in to him. Under no circumstances shall continuous temporary release participants be permitted to take money, tokens, or other funds into the other parts of the facility.

(14) When the processing officer takes note than an inmate has returned to the facility with money in excess of what the inmate has been expected to bring back, the processing officer will either telephone the temporary release committee chairperson, correction counselor, or temporary release parole officer (depending upon who he was directed to contact by the superintendent). Immediately thereafter, an investigation shall be conducted into the source of these funds. If the inmate cannot offer an acceptable explanation for the source of these funds, he shall be placed on restriction, and referred to the temporary release committee for program evaluation.

(15) The inmate will remove his civilian clothing and be subject to an appropriate search as determined by the facility's superintendent. If the superintendent so directs, on an individual basis, the inmate may be directed to submit to a search of his or her internal body cavities.

(16) After the inmate has been searched and cleared by the processing officer, the officer shall verify the inmate's return time in the processing log book. The inmate will afterwards dress into his institutional clothing, and proceed to the residence area of the facility.

(d) Employment procurement.

(1) Employment program.

(i) No work release participant may be employed by or with a co-defendant unless specific permission is granted by the director of temporary release programs in writing.

(ii) No work release participant may work at the scene of his crime, nor may he be employed by the same company if his crime was related in any way to his employment, unless specific permission is granted by the director of temporary release programs in writing.

(iii) If a work release participant obtains employment which requires him to move about within a specific geographical area, he must supply an itinerary to his work release parole officer and also a phone number(s) where he can be contacted.

(iv) The temporary release committee, with the concurrence of the superintendent, has the authority to disapprove an employment program when, in their judgment, the inmate will have too great an opportunity to return to the same type of crime.

(v) Self-employment of continuous temporary release participants. Because of the extra demands which self-employment places upon employed people and because of the high level of maturity which is required in order to successfully compete in the labor force as a self-employed person, continuous temporary release participants must receive the approval of the temporary release committee, superintendent, and the director of temporary release programs before they may become self-employed while participating in a continuous temporary release program. Generally speaking, the director of the temporary release program will only approve continuous temporary release participants to become self-employed if these inmates were successfully self-employed before they were received in the correctional system and then only if the inmate displays a higher than average level of emotional maturity. In those cases where approval is granted, it will be contingent upon the inmate's compliance with any applicable laws and licensing procedures.

(2) Work search.

(i) Inmates who have been approved to participate in a work release program and who are unemployed may be granted job search furloughs.

(ii) Generally speaking, inmates who have been approved to participate in a work release program and are unemployed will be granted work search furloughs. On the inmate's day when he remains in the facility, the inmate will be interviewed by a correction counselor or temporary release parole officer, his/her activities of the previous day will be evaluated, job leads for the next day will be developed, and a new form 4182.3, temporary release memo of agreement, will be prepared and signed by the inmate. The correction counselor or temporary release parole officer, on a case-by-case basis and when possible considering time factors, shall make an effort to verify the inmate's previous day's job search efforts by telephone calls to the places where the inmate went to search for employment, and shall also make an effort to verify in advance any employment interviews which the inmate has scheduled.

(iii) If an inmate requests an extension of time on his job search furlough, he must immediately contact the correction counselor or temporary release parole officer who granted him the furlough, or in his absence the chairperson of the temporary release committee, or in his absence the superintendent, and request such an extension. Extensions of time may be granted only if the inmate has scheduled another verifiable employment interview, and the person who grants such an extension shall make an effort to verify the inmate's employment interview. Extensions of job search furloughs generally should not be for more than two hours.

(iv) Upon his return to the facility from a job search furlough, the inmate should, previously required by his correction counselor or temporary release parole officer, be able to provide the facility with a list of employers' names and addresses where he went during the day to attend employment interviews, or to search for employment. The inmate should also be able to account for the time spent at each prospective employment address and for transportation time between these prospective employment addresses. The refusal or failure of an inmate to account for his time spent searching for employment as described above, when the inmate has been previously required to do so, or the discovery that the inmate has been making false reports to the facility staff about his activities while on a job search furlough, may be considered an indication that the inmate is too untrustworthy and/or too unmotivated a person to continue in continuous temporary release programming, and may be grounds for the inmate's removal from the program.

(v) If an inmate has failed to secure employment three weeks after completion of orientation, the temporary release counselor should hold an interview with the inmate and review his efforts towards obtaining employment and counsel the inmate concerning attitude and motivation.

(vi) If an inmate has still not secured employment six weeks after completion of orientation, the temporary release counselor must refer the case to the temporary release committee for review. At this point the temporary release committee may remove the inmate from the program if they decide that the inmate is either unwilling or unable to obtain employment.

(e) Procedures following procurement of a work release, educational release or other continuous temporary release program.

(1) Inmates are to be advised that their employers or schools must be told of their status as inmates serving sentences in a correctional facility, and the inmates should be encouraged to notify their employers or schools about their status as inmates (in the event that the employer or school is not already aware of this fact).

(2) When an inmate returns to a correctional facility and has secured employment or made arrangements to begin an educational release program, the correction counselor or temporary release parole officer, depending upon who has been assigned this responsibility by the chairperson of the temporary release committee or superintendent, if there is not already some documentation in the inmate's case folder that the employer or school is already aware of his inmate's status, shall telephone the employer of school and make certain that the inmate's immediate employment supervisor, or the dean of academic affairs, or some other official in the school management, is fully aware of the inmate's status. If requested, the correction counselor or temporary release parole officer may give the employer or school the name of the type of crime for which the inmate was convicted, the sentence which he received, the date that the inmate will be eligible for parole and conditional release, and the inmate's maximum expiration date. Under no circumstances shall any correction counselor or temporary release parole officer give the employer or school, or for that matter any outside agency, any information whatsoever about the inmate's use of illegal narcotic drugs, excessive use of alcohol, mental health status, or physical health status without first obtaining a written statement from the inmate authorizing the department to release such information.

(3) After verifying that the employer or school is aware that the inmate is currently serving a sentence in a correctional facility, the correction counselor or parole officer shall obtain information concerning the inmate's work hours, place of employment and other information needed to complete the inmate's form 4182.2, continuous temporary release memo of agreement, and will inform the employer or school about the monitoring activities by the temporary release parole officer especially of the temporary release parole officer's requirements to make a positive on-site employment visit once a month.

(4) A form 4182.2, continuous temporary release memo of agreement, will then be prepared, and shall be signed by the inmate. The memo of agreement will include the employer's (or education institution's) name, address, and telephone number, the inmate's extended bounds of confinement (the most direct route to and from work or school), the salary of stipend which the inmate will earn or receive, and the hours that the inmate is to be out of the facility. The hours of release are to be computed according to the following formula:

(i) the hours of work or school, plus;

(ii) the basic travel time to and from work or school, plus;

(iii) one-half the basic travel time (the total travel time should never be less than one half hour).

(5) At the bottom of the inmate's form 4182.2, temporary release memo of agreement, the preparer shall indicate that there is already documentation in the inmate's case file that the employer or school is aware that the subject is an inmate, or that on the given date the correction counselor or temporary release parole officer advised the inmate's employer or school (name of person advised should be given) about the inmate's status.

(6) Time extensions.

(i) An inmate's request for an extension of time on work or educational release or in any other continuous temporary release program may be approved by a correction counselor or temporary release parole officer, or in their absence the chairperson of the temporary release committee, or in his absence by the superintendent, only for overtime work or medical and dental appointments.

(ii) Requests for time extensions for medical or dental appointments, except in emergency situations, must be submitted by the inmate to his correction counselor or temporary release parole officer 24 hours in advance of the appointment. These appointments should afterwards be verified by the staff member who authorized the extension of time.

(iii) Requests for time extensions to work overtime must be verified by the correction counselor or temporary release parole officer by means of a contact with the inmate's employer before approval can be granted.

(iv) Under no circumstances shall an inmate be given any extension of time in any continuous temporary release program as enumerated in sections 1903.1 of this Part which would cause him to be in the community more than 14 hours in any given day. However, nothing herein shall be construed to preclude an inmate who is participating in any continuous temporary release program from also receiving a furlough which would otherwise permit him to be in the community for more than 14 hours in any given day.

(7) If the inmate's release from the facility is required for some purpose which is not covered by the inmate's form 4182.2, continuous temporary release memo of agreement, a separate form 4182.1, temporary release memo of agreement, must be prepared and signed by the inmate before he may be permitted to leave the facility. Correction counselors and temporary release parole officers, upon being authorized to do so by the chairperson of the temporary release committee or superintendent, may only grant such furloughs (usually on weekday evenings or weekends) for the following purposes:

(i) for required court appearances upon verification;

(ii) for medical or dental services upon verification;

(iii) for attending A.A., substance abuse counseling, gamblers anonymous, or mental health counseling upon verification;

(iv) for taking part in community service activities upon verification and also upon receiving the approval of the facility's temporary release committee and superintendent to take part in such community service activities;

(v) for personal and family emergencies upon verification;

(vi) for doing laundry if the facility's laundry equipment is inoperable;

(vii) for local shopping for necessities needed to successfully adjust in the inmate's continuous temporary release program provided that he/she turns in receipts for purchases made to the facility employee who authorized the inmate's release; and

(viii) for other specific, verifiable purposes in keeping with section 851 of the Correction Law.

(8) All such requests for special furloughs must be submitted at least 24 hours in advance, except in cases of emergencies.

(9) No inmate is to be released from a correctional facility on a continuous community services leave program or continuous industrial training leave program unless a completed form 4182.2, continuous temporary release memo of agreement, has been prepared and signed by the inmate.

(10) Motor vehicle licenses and ownership of motor vehicles.

(i) Continuous temporary release participants who have motor vehicle licenses are not to be given their motor vehicle licenses while participating in continuous temporary release programs unless these inmates need them for employment purposes. If necessary for employment, the inmate must request and receive approval from the facility's temporary release committee.

(ii) No temporary release participant may apply for or renew any motor vehicle license without first receiving the written approval of his temporary release parole officer to do so.

(iii) No temporary release participant is to purchase, own, or operate, or have in his possession, any motor vehicle for his personal use without first receiving the written approval of the facility's temporary release committee, the superintendent, and the director of temporary release programs. Generally speaking, continuous temporary release participants should only be given authorization to own or operate a motor vehicle for personal use when there is unsuitable public transportation for the inmate to travel to and from his place of work, or when the inmate is in some way physically handicapped.

(f) Financial guidelines and procedures for continuous temporary release participants. The following financial procedures regarding inmates in continuous temporary release programs are to be followed at all times:

(1) Approved conditions for appropriation advances. Continuous temporary release participants who do not have funds available for program participation may, but do not have to, be granted advances from the facility's temporary release appropriation account for the following purposes only:

(i) Work release and industrial training leave expenses.

(a) Inmates on job search. An inmate on job search may receive an advance in an amount not to exceed $20 per day for all of his expenses, including meals and transportation costs not provided by the facility.

(b) Inmates employed on work release or on industrial training leave who have not received their first paycheck. A facility superintendent may advance an inmate on work release or industrial training leave who has not yet received his first paycheck a maximum of $20 per day for all of his expenses, including meals and other expenses not provided by the facility. The facility's superintendent may also advance funds to purchase necessary work clothing, tools needed on the job, or other incidental expenses necessary for the inmate's successful participation in his/her program of temporary release if in his/her judgment there is a substantial likelihood that these funds will be reimbursed by the inmate.

(ii) Educational release.

(a) For tuition costs up to $500 each semester, where the source of reimbursement is verified. All advanced money must be reimbursed.

(b) For clothing costs up to $100 each semester, where the source of reimbursement is verified.

(c) For books and school supplies up to $100 each semester, where the source of reimbursement is verified.

(d) For transportation costs.

(iii) Furloughs. For transportation costs up to $25 for one weekend furlough if the inmate meets all of the other furlough criteria. All advanced money will be reimbursed.

(iv) Emergency leave of absence. For transportation costs, and, if the inmate has no relative or friend who has agreed to provide him with lodging and meals, funds to cover the cost of lodging and meals. All money advanced must be reimbursed.

(2) Business or fiscal office responsibilities.

(i) Accounting for advances.

(a) Inmates, as a general rule, should only be granted financial advances when the facility's superintendent or the chairperson of the facility's temporary release committee feels that there is a substantial likelihood that the funds to be advanced to the inmate will eventually be reimbursed. Once these funds are actually advanced to the inmate, the temporary release committee chairperson, in coordination with the facility's counseling, parole, and business office staff, shall be responsible to see to it that these funds are repaid once the inmate is in a financial position to repay them. The refusal of an inmate to repay funds which were advanced to him when the temporary release committee has concluded that he has the financial resources to repay them shall be grounds for removing the inmate from the program.

(b) Funds will not be issued to any inmate from the facility's appropriated advance account until the business office receives a written request from the inmate's correction counselor, temporary release parole officer, the temporary release committee chairperson, or the superintendent detailing the amount to be advanced and the repayment schedule. Any requests for advances of more than $25 must be first approved by the superintendent.

The business officer shall report to the temporary release committee chairperson any repeated or unusual requests for advances of funds which do not appear to conform to what is thought to be the facility's financial guidelines.

(c) All funds advanced to inmates will be recorded on form 2759, inmate account ledger. Funds will subsequently be deducted from the inmate's account to repay the advances in accordance with the repayment schedule which was previously agreed upon between the inmate and the correction counselor or temporary release parole officer and will be deposited into the respective program advance account. Proper entries will be made on the inmate account ledger to reduce each inmate's advance balance.

(d) In those unusual incidents where funds advanced to an inmate become uncollectable, a voucher will be processed against the facility's appropriations to repay the advance account, and the procedure established by the department shall be followed.

(ii) Inmate's personal account.

(a) Funds will not be issued to any inmate from an inmate's personal account until a form IAS 2706, disbursement request has been completed, signed by the inmate, approved by the superintendents or his designee, and forwarded to the business office.

(b) If an inmate does not have sufficient funds in his personal account, his request will be rejected and returned to the correction counselor or temporary release parole officer who approved the request. The correction counselor or temporary release parole officer will subsequently make a casework decision whether funds should be requested from the facility's appropriation advance account.

(c) Once a continuous temporary release participant begins to regularly participate in his program of temporary release, he must submit form IAS 2706, disbursement request, each week to obtain funds from his personal account for work release expenses.

(d) The business office shall report to the temporary release committee chairperson any requests for an unusually large amount of money or repeated requests for funds which do not appear to conform to what is thought to be the facility's financial guidelines.

(iii) Report preparation.

(a) A monthly statement of each continuous temporary release participant's account will be prepared by the business office and copies will be distributed to the inmate and his correction counselor or temporary release parole officer depending upon who the superintendent has designated to receive them.

(b) The facility's steward shall prepare an annual report of financial operations in the continuous temporary release program to include total net earnings, total payment of fines, total payment of support of dependents, total savings accumulated, and total weeks of employment. This report will be submitted to the facility's superintendent and to the chairperson of the temporary release committee no later than January 5th of each year. The temporary release committee chairperson shall forward a copy of this report to the director of temporary release programs.

(3) Daily work release and industrial training leave financial procedures.

(i) Regular allowances.

(a) Inmates assigned to a work release program will assume all expenses related to their participation in this program.

(b) Once an inmate becomes employed, a weekly allowance will be established by agreement between the inmate and his correction counselor or temporary release parole officer, and an IAS 2706 disbursement request for the allowance will be prepared and turned into the business office. Upon receipt of the IAS 2706, the business office will issue the funds which were authorized from the inmate's account on one regularly scheduled day each week. It will then be the inmate's responsibility to live within this financial allowance until the next regularly scheduled day when the business office issues inmate funds.

(c) Unless the business office staff has been directed to do otherwise by the inmate's correction counselor, temporary release parole officer, the temporary release committee chairperson, or the superintendent, the business office will issue the amount of funds which were requested on the IAS 2706 on each of the regularly scheduled days when funds are issued.

(d) Under no circumstances shall the business office draw funds from an inmate's personal account for any reason unless a signed and approved IAS 2706 has been received.

(e) The business office will disburse all funds in amounts under $5 in cash. will draw a check from the inmate funds account and handle in accordance with prescribed fiscal procedures.

(ii) Transportation costs.

(a) Inmates will assume all costs related to their travel to and from work as well as to and from their weekend furlough address.

(b) In those cases where transportation is provided by the facility, an appropriate charge to cover the cost of gasoline, oil, lubricants and other nonfixed costs of the transporting vehicle may be assessed to each inmate who uses such transportation. These charges will be included in the inmate's requested weekly allowance, and must be approved by his correction counselor or temporary release parole officer who is in charge of the IAS 2706 disbursement request. The business office, upon receipt of the inmate's signed IAS 2706 will draw a check from the inmate funds account and handle in accordance with prescribed fiscal procedures.

(iii) Inmate wages.

(a) All inmates must turn in their earnings, or any other funds which come under their control, to the facility's processing officer immediately upon their return to the facility. All funds must be turned in to the processing officer in the form in which they were received (check or cash). Under no circumstances shall an inmate be allowed to cash a check received from an employer. An inmate may convert cash to a check form for receipt by the facility, but only with the prior permission of his correction counselor or parole officer. When money is turned in, the processing officer will issue the inmate a receipt for the full amount. These funds will subsequently be delivered to the business office, and will be deposited in the inmate's personal account.

(b) The failure of an inmate to turn in his earnings, or any other funds which come under his control, shall be considered a serious violation of the inmate's temporary release memo of agreement, and will make the inmate subject to disciplinary action which may result in his removal from the program. The inmate's repeated failure to turn in the full amount of his earnings or the full amount of any other funds which come under his control should be considered an indication that the inmate is too untrustworthy, immature, and/or unmotivated to continue to participate in a continuous temporary release program, and this should be considered to be a presumption against the inmate continuing to participate in program.

(c) The superintendent shall designate a facility employee the responsibility for the preparation of a schedule one day each week which lists the names of all of the employed continuous temporary release participants in the facility and the day of the week that these inmates should receive their paychecks. This list will afterwards be delivered to the processing room officer who will have the responsibility to notify the temporary release committee chairperson in the event that an inmate returns to the facility on the indicated day without his paycheck.

(iv) Work release inmate's dependents receiving public assistance.

(a) The superintendent shall designate a facility employee the responsibility to review the case folder of every work release participant once he begins working, and attempt to determine whether or not the inmate's acknowledged and legal dependents are receiving public assistance. If the case folder is unclear whether or not the inmate's dependents are receiving public assistance, the designated employee shall contract (preferably by telephone) the Department of Social Services center which covers the address where the inmate's dependents reside, and determine whether or not the inmate's dependents are receiving public assistance. Where the facility is far removed from the address of the inmate's dependents, the public assistance status of an inmate's dependents shall be determined by a letter to the Department of Social Services center in the area, a copy of which shall be filed in the inmate's facility folder. The designated employee will have the responsibility to follow-up to make certain that the letter is answered.

(b) When it is determined that an inmate's acknowledged or legal dependents are not receiving public assistance, the designated employee shall sign and place a form letter in the inmate's facility file to that effect.

(c) When it is determined that an inmate's acknowledged or legal dependents are, in fact, receiving public assistance, the designated employee shall have the responsibility to complete and sign a form letter to the Department of Social Services office in question informing them of this fact. This form letter should indicate the inmate's name, departmental number, social security number, and the names and addresses of his dependents who are receiving public assistance. The form letter should, likewise, give the name and address of the inmate's employer, the date when he began working, and the inmate's weekly earnings. If the inmate is contributing, or plans to contribute to, the support of his dependents, the Department of Social Services office shall be so advised.

(d) When it is determined that the inmate's acknowledged or legal dependents are receiving public assistance, the designated employee shall report this information to the correction counselor or temporary release parole officer who has the responsibility to approve the inmate's form IAS 2706, disbursement request. The correction counselor or temporary release parole officer will afterwards make contact with the inmate's dependents' caseworker at the Department of Social Services center, and a casework conference should be held to determine whether, or how much, an inmate should be required to contribute toward the support of his dependents. The correction counselor or temporary release parole officer shall assure that all future IAS 2706, disbursement requests, reflect the required support payments.

(e) Whenever possible, the facility will arrange for the business office to deduce support payments from the inmate's personal account, and shall forward these funds directly to the inmate's family, the Family Court, or the Department of Social Services.

(f) If a work release participant refuses to make financial payments toward the support of this acknowledged or legal dependents, he is likely to be charged with the crime of nonsupport. His continued temporary release participation is, therefore, in jeopardy. The inmate is to be immediately placed on restriction and referred to the temporary release committee for program evaulation.

(4) Educational release expenses and financial procedures--regular allowances.

(i) Inmates assigned to an educational release program will assume all expenses related to their participation in that program.

(ii) Inmates who enter the educational release program shall be cautioned that all funds which have been advanced to them, except funds for meals and their miscellaneous daily allowance, are reimbursable to the Department of Correctional Services. Should the inmate obtain, or be expected to obtain, financial assistance for any outside source (e.g., G.I. bill, veteran's benefits, Social Security, scholarships, family assistance) he or she will be required to reimburse the Department of Correctional Services for all funds which were advanced to them.

(iii) Inmates are to be instructed that they are not to apply for, or to receive funding for, any kinds of educational release reimbursement without the knowledge of the facility's temporary release committee chairperson. This includes all benefits from the Veterans Administration, Social Security, school stipends, or any other sources.

(iv) The superintendent shall delegate a correction counselor or temporary release parole officer the responsibility and authority to coordinate the educational release participant's application for, and utilization of, all educational release funding. The inmate shall be instructed that he is responsible to report all funds which he receives for educational release purposes to this same correction counselor or temporary release parole officer.

(v) If an educational release participant receives any kind of financial aid which is not paid directly to the college or school, this stipend must be reported to the facility, and placed in the inmate's personal account for the purpose of paying educational expenses.

(vi) If it is discovered that an educational release participant has failed to report all funds received by him for educational purposes, he is to be immediately placed on restriction and referred to the temporary release committee for program evaluation.

(vii) Educational release participants are eligible for the following funds:

(a) A maximum of $20 per day for all expenses, including transportation costs or meals not provided by the facility. Meal allowances are only for meals which the inmate is required to purchase while he is out of the facility. The facility must make every attempt to provide the inmate with a breakfast before he leaves the facility and with a dinner after he returns to the facility in the evening.

(b) A miscellaneous allowance of $2 per school day.

(1) The miscellaneous allowances of $2 per school day will only be given for each day that an inmate attends class. The inmate is not given this allowance for any day that he was held in the facility or was not in class.

(2) The miscellaneous allowance is not to be considered an advance which the inmate must repay. Inmates may still be assigned to perform institutional duties during days on which they do not attend classes.

(c) Advances for transportation costs if the facility does not provide the inmate with transportation to and from school.

(d) Advances for clothing costs, books and school supplies up to $200 each semester, where the source of reimbursement is verified. This advanced money must be reimbursed prior to the start of the next semester.

(e) Educational expenses for education release inmates are the responsibility of the college staff and the inmate. The college financial aid office or coordinator's staff should initiate inquiries into the financial capabilities of the inmate's families and the inmate himself 4-6 weeks before the start of the semester and final payment arrangements for the financial obligations must be completed before registration. Therefore, the Department of Correctional Services will identify potential students to the college 6-8 weeks before the start of the semester. If neither personal financing nor other educational funding (i.e., TAP or BEOG) is available to an inmate, that inmate cannot enroll.

(5) Community services leave financial procedures.

(i) Inmates participating in the community services leave program will receive an allowance which is the equivalent to the highest incentive allowance granted to an inmate plus one dollar, and will be credited for this allowance each day they leave the facility to perform volunteer community service work.

(ii) Inmates participating in the community services leave program will also receive their transportation costs and the meal allowances which were specified for the educational release participants in this subdivision, in the event that the facility elects not to provide the inmate with transportation and a boxed lunch.

(6) Leave of absence financial procedures.

(i) Inmates leaving a correctional facility to make a death bed visit or to attend a funeral will assume all expenses connected with this type of leave. The inmate may request the disbursement of money from his personal account to cover the costs of transportation, lodging, and meals when these needs are not going to be met by a relative or friend, and up to $25 for incidental expenses. However, the money requested by the inmate for incidental expenses is subject to review by the inmate's correction counselor or temporary release parole officer and by the superintendent.

(ii) Inmates leaving a correctional facility in order to receive medical or dental treatment which is not available in the New York State Department of Correctional Services system must assume the total financial responsibility for all medical and dental expenses incurred by them, except for those medical and dental expenses which the Department of Correctional Services had contracted with the doctor, dentist, hospital or clinic to provide for the inmate prior to his release from the institution on emergency leave of absence.

(iii) An inmate leaving the facility on emergency medical leave of absence may request the same funds as were detailed in paragraph (1) of this subdivision from his personal account. However, in those cases where the Department of Correctional Services has contracted with a doctor, dentist, hospital or clinic to provide medical or dental services for a temporary release participant, the department, itself, will assume the cost of all transportation, lodging and meals when the department has not already made arrangements for transportation, lodging and meals to be provided to the inmate.

(7) Furlough expenses.

(i) Family tie, housing, job search furloughs. Continuous temporary release participants who are granted furloughs for the purpose of seeking employment, seeking post-release housing, or maintaining family ties must use their own funds to cover all expenses connected with such furlough participation.

(ii) Job search furloughs.

(a) If a work release approved inmate does not have sufficient funds in his personal account to cover the expenses connected with searching for employment, the inmate's correction counselor or temporary release parole officer, depending upon who has been assigned this duty by the superintendent, may authorize the business office to disburse funds to cover the cost of the inmate's transportation, meals and telephone calls.

(b) If a work release approved inmate does not have sufficient funds in his personal account to cover the expenses connected with searching for employment, the inmate's correction counselor or temporary release parole officer, depending upon who has been designated this duty by the superintendent, may authorize the business office to advance to the inmate a maximum of $20 per day for all of his expenses, including meals and transportation costs not provided by the facility. The inmate should be made to understand that all money advanced to him must be repaid to the department as soon as the inmate has funds to repay these advances.

(iii) Furloughs.

(a) If a newly arrived continuous temporary release participant has never gone out of the facility on a family ties furlough since his arrival in the facility and cannot go on a family ties furlough because he has insufficient funds in his personal account, the inmate's correction counselor or temporary release parole officer, depending upon who has been assigned this responsibility by the facility's superintendent, may authorize the business office to advance the inmate up to $25 to cover the transportation costs of one furlough. However, the inmate may only be advanced funds to cover the transportation costs of one, and only one, furlough, and all other furlough expenses must be deducted from his own personal account.

(b) If a continuous temporary release participant has sufficient funds in his personal account, the inmate will be allowed to request the business office to release his funds for transportation and expenses. However, the disbursement of furlough funds from a continuous temporary release participant's personal account should not be allowed to deplete the inmate's personal account to the point that he may not be able to meet the following week's work or educational leave expenses, and the correction counselor or temporary release parole officer should make certain that the inmate's request for funds will not do so before approving his IAS 2706.

(c) For the same reason as was given above, the inmate's correction counselor, temporary release parole officer, and the superintendent should be very selective when reviewing the requests for out-of-area furloughs from inmates whose proposed furlough residences are far removed from the facility and who are requesting larger than usual amounts of transportation money to travel to and from these distant furlough addresses.

(8) Credit and installment purchases. Continuous temporary release participants are prohibited from taking out business or personal loans, applying for credit or credit cards, or making purchases on credit or on an installment basis without first receiving the written approval of the temporary release committee and superintendent to do so. It is expected that such approval will rarely be given, and then only for very unusual situations involving only the most emotionally mature inmates.

(g) Supervision standards in continuous temporary release programs.

(1) Casework and caseload assignment.

(i) Correction counselors and temporary release parole officers shall have concurrent responsibility to supervise inmates who are participating in continuous temporary release programs. The correction counselor shall have major casework responsibility and major supervisory responsibility for inmates who are in orientation, are unemployed, or who, for one reason or another, do not regularly leave the facility, while the temporary release parole officer shall have major casework responsibility and major supervisory responsibility for inmates who are employed, attending classes, and leaving the facility regularly each day. During the transition phase when an inmate is going out on job search furloughs, it will be necessary for the correction counselor and temporary release parole officer to coordinate their efforts to supervise the inmate and assist him in his quest for employment.

(ii) The chairperson of the facility's temporary release committee shall, therefore, assign every temporary release participant to the supervision of a correction counselor and, after consultation with the senior parole officer, make certain that each continuous temporary release participant has been assigned to the supervision of a temporary release parole officer at the ratio of no more than 33 inmate participants to each temporary release parole officer. The temporary release committee chairperson shall maintain records which clearly indicate which correction counselor and which temporary release parole officer have been assigned to supervise each continuous temporary release participant.

(iii) The temporary release committee chairperson and in his absence, the superintendent, are the Department of Correctional Services officials at the facility level who are responsible to monitor and assure the department's temporary release supervision standards are being maintained. The temporary release committee chairperson is also the facility's casework manager and shall coordinate the casework and supervisory activities of the correction counselor and, after consultation with the senior parole officer, the temporary release parole officers. The temporary release committee chairperson must be certain that casework services are being properly and efficiently delivered, that no duplication of effort exists, and that the inmate's activities both in-house and in the community, are being properly investigated, supervised and verified.

(iv) In order to carry out his responsibilities, the temporary release committee chairperson, after consulting the senior parole officer, shall schedule and preside over weekly casework conferences between the counselors, temporary release parole officers, security and administrative staff in order to monitor and discuss the progress, or lack of progress, of the temporary release participants in program, to discuss the problem areas among and between the various staff units providing services to the inmates, to monitor and evaluate the degree to which the department's supervisory standards are being met by the various staff units, and to assign responsibility and to delegate work assignments to various staff units so as to correct any program deficiencies that come to the temporary release committee chairperson's attention during these case conferences.

(v) Due to some unique aspects and staffing patterns at some of the upstate work release facilities, it is recognized that some of the foregoing rules and regulations on casework assignment will have to be modified to satisfy local conditions.

(vi) Initial interviews. As soon as possible upon reception at a continuous temporary release facility, each inmate shall be given an initial interview by both the correction counselor and temporary release parole officer who have been assigned to supervise him. Both the correction counselor and temporary release parole officer shall explain the rules and regulations of the program to the inmate, and assure themselves that the inmate understands what is expected of him.

(vii) Counseling sessions.

(a) Both correction counselors and temporary release parole officers shall meet at the facility with each inmate for whom they have major casework responsibility at least once each week in order to establish goals, review progress, formulate treatment plans, provide guidance and transmit information. The temporary release committee chairperson will advise who has the major casework responsibility for the inmate at the weekly meetings between the staff.

(b) In order to conduct these counseling sessions, it is necessary that both the correction counselors and temporary release parole officers spend a minimum of one evening each week at the facility, and perhaps two evenings each week when their caseloads require such coverage.

(viii) Job development. Correction counselors and temporary release parole officers shall have concurrent responsibility to develop jobs for unemployed work release participants on their caseloads.

(ix) Recording.

(a) The temporary release parole officer shall have the responsibility to submit a form 2551, chronological report, bimonthly to the temporary release committee chairperson on every inmate under his supervision. In those cases where a temporary release participant's progress in program is rated as unsatisfactory on the form 2551, monthly report, the temporary release parole officer shall indicate on the bottom of the report the reason(s) why the inmate's progress in program is unsatisfactory, and his treatment plan for dealing with the inmate's unsatisfactory progress.

(b) The temporary release parole officer shall also have the responsibility to submit a form 4184, monthly temporary release parole supervision report, to the temporary release committee chairperson by the seventh day of the following month which will list the names of all of the continuous temporary release participants whom the temporary release parole officer had under supervision that month and the case contacts which the temporary release parole officer had with each inmate.

(c) In the event that a continuous temporary release participant is arrested while participating in program, or absconds from program, the temporary release parole officer shall be responsible for submitting a violation of temporary release report to the temporary release committee chairperson, using the format normally used for violation of parole reports. The violation of temporary release report should be submitted within two weeks of the date that the continuous temporary release participant was arrested or absconded.

(2) Field supervision.

(i) Inmate's furlough residence.

(a) Verification of inmate's furlough residence prior to initial furlough.

(1) No inmate shall be granted a furlough while participating in a continuous TRP unless the proposed furlough residence has been approved by the facility's temporary release committee chairperson.

(2) In the case of an inmate with an out-of-area furlough residence which is located outside of the county, or in New York City, outside of the city, where the facility is located, no inmate shall be granted a furlough while participating in a continuous temporary release program unless either a parole officer has visited the residence within the past six months and that residence has been approved for furlough purposes by the facility's temporary release committee chairperson or until the facility's temporary release committee chairperson has mailed out a temporary release program residence questionnaire to the person who is offering the inmate a furlough residence and that questionnaire has been returned to the facility containing the notarized signature of the person offering the inmate a furlough residence. Whenever possible, this returned questionnaire should be followed up by the temporary release parole officer conducting a telephone interview with the person who has returned the signed and notarized temporary release program residence questionnaire before the inmate is actually released on a furlough.

(3) In any case where there is an unusual amount of doubt about the suitability of the inmate's proposed furlough residence, or for other unusual reasons, the inmate should not be granted a furlough while participating in a continuous temporary release program until a parole officer has requested an out-of-area parole supervision investigation on form IS-2 from the Division of Parole area parole office which covers the geographic region where the inmate's furlough residence is located, that investigation has been completed, and the proposed furlough residence has been approved by the facility's temporary release committee chairperson.

(b) Verification of furlough residence after the inmate's initial furlough.

(1) Each temporary release parole officer (with the exception of out-of-area cases noted in subclause [4] of this clause) should make a minimum of one home visit monthly to the approved furlough residence of those inmates who are participating in furloughs. That home visit may take place on a weekend day or holiday when the inmate could be expected to be at his furlough residence. When an inmate is on a furlough, he should anticipate a visit by a temporary release parole officer, and, where warranted, the parole officer may impose a curfew in order to make certain that he will find the inmate at his furlough residence. Regular visits to the inmate's residence, including personal interviews with the inmate and members of his family, are an essential part of the casework process. It is very important that the parole office endeavor to gain, in the course of home visits, an adequate knowledge of members of the inmate's family and their attitudes toward each other, the inmate and his problems. It is especially important that the parole officer attempt to become informed of any unusual problems which the family members are aware that the inmate is experiencing so that the proper corrective action can be taken. The simplest accomplishment of a home visit is residence verification.

(2) The temporary release parole officer must make at lease one positive home visit to a continuous temporary release participant's approved furlough residence (with the exception of out-of-area cases noted in subclause [4] of this clause) every three months. In order for a positive home visit to have taken place, the parole officer must actually see the inmate present inside of his approved furlough residence.

(3) If a continuous temporary release participant is not taking part in the furlough program and the temporary release parole officer has no responsibility to visit or verify the inmate's furlough residence (including out-of-area cases) this fact shall be carefully recorded in the inmate's case file each month and on form 2551 and form 4184 monthly reports.

(4) Where the continuous temporary release participant's approved furlough residence is outside the region covered by the area parole office where the facility is located (or if furloughed from a New York City facility and the residence is outside of the New York City and Long Island region), the temporary release parole officer is not required to make home visits to the inmate's furlough residence. However, after an inmate has completed his initial furlough the temporary release parole officer shall request an out-of-area parole supervision investigation on form IS-2 from the area parole officer which covers the geographic region where the inmate's furlough residence is located. If this IS-2 is returned indicating that there are not unusual problems with the inmate's furlough residence and that he had no unusual problems in the community while out on his furlough, the temporary release parole officer is not required to request any further checks of the inmate's furlough residence by the Division of Parole. However, the temporary release parole officer shall complete a minimum of one telephone call to the inmate's approved furlough residence each month in an attempt to verify the inmate's furlough residence, establish a relationship with his family, and to learn of any problems which the family is aware that the inmate is experiencing so that corrective action may be taken. In those out-of-area cases where the inmate's approved furlough residence does not have a telephone, the temporary release parole officer shall once a month request an out-of-area parole supervision investigation on form IS-2 from the area parole office which covers the geographic region where the inmate's approved furlough residence is located. Also, in certain out-of-area cases where the temporary release parole officer suspects that the inmate is having unusual problems, or, perhaps is making an unsatisfactory community adjustment while on furlough--even in those areas where the parole officer is in telephone contact with the inmate's furlough residence--the parole officer shall request an out-of-area parole supervision investigation on form IS-2 from the area parole office which covers the geographic region where the inmate's furlough residence is located.

(5) Where the continuous temporary release participant's furlough residence is outside of the city or town where the facility is located, the chairperson of the facility's temporary release committee shall see to it that prior to the inmate's initial furlough a form TRP-8 shall be forwarded to the appropriate local law enforcement agency and to the area parole office which covers the geographic region where the inmate's furlough residence is located, at least five days prior to the initial furlough alerting them of the inmate's pending furlough, his furlough address, and the name, work location and telephone number of the temporary release parole officer that has the inmate under continuous temporary release parole supervision. Provided that the initial TRP-8 alerts the local law enforcement agency and area parole office that the inmate will be continually released on a furlough at specified periods of time thereafter, there is no need to forward other form TRP-8's each time that the inmate goes on a furlough.

(6) Inmates who participate in continuous temporary release programs who are already under the supervision of a parole officer and who have furlough residences outside of the geographic region where the facility is located are not subject to the same reporting requirements as apply to general confinement inmates described in Part 1901 of this Title. However, the temporary release parole officer may, in unusual situations where he feels that it is appropriate, instruct the continuous temporary release participant to report to the area office if he has first made certain that the area office has the means to take a report from the inmate.

(ii) Inmate's employment program.

(a) The temporary release parole officer must make at least one positive employment visit per month to the inmate's place of employment in order to verify a continuous temporary release participant's employment program. Besides verifying the inmate's employment, the temporary release parole officer should use the employment visits to obtain information about the inmate's attendance, work habits, attitude toward work, and any other information which might be useful in planning for the casework needs of the inmate.

(b) The temporary release parole officer must make a positive employment visit to the inmate's place of employment during the first 10 days from the date an inmate becomes employed on a new job, and one positive employment visit to the inmate's place of employment every month thereafter. In order for a positive employment visit to have taken place, the temporary release parole officer must actually see the inmate present at his approved place of employment.

(c) When making his initial employment visit to the inmate's place of employment, the temporary release parole officer will make certain that the inmate's employer, or a representative of the inmate's employer, has been made aware of the inmate's work release status. If for some reason the inmate's employer, or a representative of his employer, has not been advised about the work release status of the inmate, the temporary release parole officer shall be responsible for informing the employer of this fact. Further, if the inmate's history of a specific type of criminal behavior, when viewed beside the type or nature of the employment which the inmate will be performing, would constitute a special hazard for the employer or the community, the temporary release parole officer shall have the responsibility to make the employer aware of these facts. However, under no circumstances shall any temporary release parole officer (or for that matter any New York State employee) give the employer any information whatsoever about the inmate's use of illegal narcotic drugs, excessive use of alcoholic beverages, mental health status, or physical health status without first obtaining a written statement from the inmate authorizing the department to release such information.

(d) Upon completion of his initial employment visit to the inmate's place of employment, the temporary release parole officer will record on his form 2551, monthly report, that the inmate's employer has been made aware of the inmate's work release status and whether or not the inmate's history of a specific type of criminal behavior would constitute a special hazard. If so, the temporary release parole officer must record on form 2551 that the inmate's employer was so informed.

(iii) Inmate's educational release program.

(a) The temporary release parole officer must make a minimum of one positive employment visit each month to the school where the inmate is taking part in an educational release program. In order for such a positive employment visit to have taken place, the temporary release parole officer must actually see the inmate, himself, present at school.

(b) The temporary release parole officer shall make use of these employment visits to the inmate's school in order to establish relationships with the staff of the institution which may help him to monitor the inmate's progress, or lack of progress, in his educational release program.

(c) When making his initial employment visit to the inmate's school or college, the temporary release parole officer shall make certain that the school or college's Registrar or Dean of academic affairs, or an appropriate representative of these officials, is aware of the educational release status of the inmate, and shall follow the procedures previously detailed in clause (ii)(c) of this paragraph.

(d) Section 852.3 of the Correction Law, states that the department may only permit temporary release participants to take part in educational release programs at schools and colleges which agree to maintain attendance records for participating inmates. The temporary release parole officer shall, therefore, have the responsibility to make certain that the educational release participant's school or college maintains a record of class attendance for each educational release participant, and that this attendance record is continually and accurately maintained by the college.

(e) The temporary release parole officer should request that each school or college which has educational release participants enrolled in classes designate a staff member to act as a liaison with him, and the name of this person should be reported to the temporary release committee chairperson. The liaison person should receive the attendance records from the school's instructors not less frequently than once every two weeks, and should make them available to the temporary release parole officer as required.

(f) Temporary release parole officers who supervise educational release participants must verify each participant's attendance in classes a minimum of once every two weeks. Unauthorized absences from classes are to be immediately reported to the facility's temporary release committee chairperson.

(g) In order for the temporary release parole officer to more easily accomplish his responsibility to supervise educational release participants, he should contact the person who has been delegated as his liaison with the school or college, and provide him with a list of inmates planning to attend the college during the next semester. The liaison person, upon receipt of this list and after registration for classes, will be able to determine the educational release participants' class schedule, obtain the necessary attendance information from the inmate's instructors, and alert the temporary release parole officer of any unsatisfactory behavior, deteriorating class performance, or lack of interest on the part of the inmate.

(h) The temporary release parole officer supervising educational release participants shall maintain attendance records in his field log for all educational release participants and shall file these attendance records in the inmate's institutional file when the inmate completes his educational release program or leaves the correctional facility.

(i) Section 855.4 of the Correction Law, states that the department shall consider the scheduling of classes to insure a reduction of release time (for educational release participants) not spent in educational pursuits. Consequently, the hours during which an educational release participant is permitted to be away from the correctional facility should bear a direct relation to the beginning and ending times of classes and should allow only reasonable travel time to and from the facility. The inmate's correction counselor and temporary release parole officer should, therefore, demand that the educational release participant schedule his classes as close together as possible in order to minimize idle time spent between classes. Of course, allowances may be made for reasonable meal periods and occasional periods of time for library study, conferences with instructors and counselors and for special help and attention from the school.

(j) However, it is clear that the intent of the State Legislature is obviously to reduce the amount of time that an educational release participant spends on campus while not engaged in educational pursuits. The temporary release committee chairperson should ensure that the correction counselor and temporary release parole officer has this fact in mind when scheduling the educational release participant's day outside of the facility.

(k) Each facility's temporary release committee chairperson shall keep a record of every inmate enrolled in a vocational or college level educational release program. At the conclusion of each semester the temporary release committee chairperson shall prepare and forward to the director of temporary release programs a list of all inmates who were enrolled in educational release programs at his facility that semester and indicate on the list whether or not the inmate completed the semester in a satisfactory manner. If the inmate did not complete the semester in a satisfactory manner for any reason (including parole, transfer to another facility, sickness, etc.), the list will indicate the reason(s) for the inmate's noncompletion. Whenever possible, the temporary release committee chairperson will request that the temporary release parole officer provide him with a transcript of the inmate's grades while in an educational release program during the semester and a photostatic copy of these transcripts will be forwarded to the director of temporary release programs attached to the temporary release committee chairperson's previously mentioned list.

(iv) Community services leave and industrial training leave programs. Inmates who are participating in continuous community services leave and industrial training leave programs shall be subject to the same supervision standards as are specified in this subdivision.

(3) Furlough schedules and procedures for continuous temporary release participants.

(i) Requests for furlough. The facility superintendent of the work release facility will establish the furlough schedule for inmates participating in a work release or educational release program of continuous temporary release. The facility superintendent of the general confinement facility overseeing a program of industrial training leave or community service leave will establish the furlough schedule for inmates participating in such programs of continuous temporary release. Such schedules may allow for repetitive, recurring furloughs provided that each individual furlough shall not exceed seven days in duration in accordance with Correction Law, section 851.

(ii) Parole board decisions which change an inmate's status with relation to his next parole board appearance date are to be taken into account in determining the inmate's furlough scheduling. Whenever an inmate appears before the board and is ordered held by the board, in addition to meeting and reviewing the question of whether the inmate should continue to remain in his continuous temporary release program, the temporary release committee must also determine whether a change in the inmate's furlough scheduling is in order.

(iii) Inmates without suitable furlough addresses may only be given furloughs for short, specified periods of time in order to take part in specified activities, section 1903.2(e)(7) of this Part.

(4) Absconding from continuous temporary release programs.

(i) The facility shall follow the same absconder procedures detailed in section 1901.2(b)(3)(iv) of this Title, for general confinement, short-term temporary release participants except as noted in this paragraph.

(ii) The temporary release parole officer who had the continuous temporary release participant under supervision, upon being advised that the participant has failed to return to the facility, shall have the responsibility to verify that the participant has, in fact, absconded from temporary release. This verification shall be done, wherever possible, by making visits to the absconder's furlough residence and place of employment. When the temporary release parole officer finds it impossible to make visits to the absconder's furlough residence and place of employment, he must, at a very minimum, make telephone contact with them.

(iii) For the first 30 days after a continuous temporary release participant has absconded from temporary release, the temporary release parole officer and the Department of Correctional Services inspector general's office shall have a concurrent responsibility to search for and apprehend the absconder. Generally speaking, the inspector general's office will assume the major responsibility for the search for and apprehension of the absconder if he is in the New York City metropolitan area, while the temporary release parole officer will assume major responsibility for the search and apprehension of continuous temporary releasees who abscond from upstate correctional facilities and remain in the upstate area.

(iv) Temporary release parole officers are not to search for or attempt to apprehend continuous temporary release participants in the New York City metropolitan area without first consulting with the agent in charge of the inspector general's office's absconder search unit to assure no duplication of effort in the search for the absconder.

(v) If a continuous temporary release participant has not been apprehended within 30 days of the date that he absconded, the inspector general's office will assume total responsibility, in coordination with law enforcement agencies, for the search and apprehension of the absconder. However, the temporary release parole officer shall still remain attentive to the absconder effort, should pass on all leads which come to his attention to the inspector general's absconder search unit, and shall be available to assist the staff of that unit when they are requested to do so.

(vi) The temporary release parole officers are responsible for preparing a violation of temporary release report using the format normally used in a violation of parole report within two weeks of the date that a continuous temporary release participant absconds from temporary release. If the absconder is later arrested on new criminal charges, the temporary release parole officers are responsible for preparing a supplementary violation of temporary release report detailing the new criminal charges within two weeks of the date that this new arrest takes place.

(5) New arrests of continuous temporary release participants.

(i) The facility shall follow the same procedures for new arrests of continuous temporary release participants as was detailed in section 1901.2(b)(3)(v) of this Title, for short-term temporary release participants except as noted below.

(ii) The temporary release parole officer, upon being advised of the continuous temporary release participant's new arrest, is responsible for gathering the facts surrounding the new arrest, presenting these facts to the temporary release committee chairperson or superintendent, and following up to determine the court's disposition of the pending criminal charges.

(iii) If a decision is made to issue a violation of temporary release warrant for the inmate's detention, the temporary release parole officer is responsible for lodging this warrant at the place where the inmate is confined.

(iv) When a continuous temporary release participant is arrested, the temporary release parole officer who had him under his supervision is responsible for the preparation of a violation of temporary release report presenting the facts surrounding the new arrest within two weeks of the date of the inmate's arrest. The temporary release parole officer shall also prepare and submit a supplementary violation of temporary release report within two weeks of the date of a court disposition of this new arrest.

(6) Temporary release committee review.

(i) Whenever any employee of the Department of Correctional Services or Division of Parole at a facility where a continuous temporary release participant is confined has any firsthand knowledge that a participant's adjustment in program is unsatisfactory or deteriorating, he must complete a form 4187, request for temporary release committee review, indicating the reason(s) for his concern as detailed in the following section and submit the completed form 4187 to the temporary release committee chairperson.

(ii) The temporary release committee chairperson must then arrange for the temporary release committee to interview the inmate, review the situation, and then make a recommendation to the superintendent on form 4187.

(iii) After the superintendent has made a decision in the case, it must be recorded on form 4187. The original form 4187 must be maintained at the facility and a copy placed in the inmate's file. The superintendent's decision is final unless the inmate appeals the decision to the director of central office temporary release programs (see section 1904.3 of this Title).

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1903.2

Amended New York State Register December 13, 2023/Volume XLV, Issue 50, eff. 12/13/2023