CHAPTER 33 - Columbia Law School

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902 A JAILHOUSE LAWYER’S MANUAL Ch. <strong>33</strong> You will lose four points (-4) if you have been convicted of any of the following within the last ten years: assault, first degree; manslaughter, first or second degree; arson, first or second degree; burglary, first degree; robbery, first degree; sexual misconduct or sexual abuse, second or third degree; or endangering the welfare of a child. You will lose two points (-2) if in the last ten years you have been convicted of any of the following: criminal trespass, first degree; robbery, second or third degree; criminally negligent homicide; assault, second or third degree; possession of firearms and other dangerous weapons; menacing; reckless endangerment, first degree; unlawful imprisonment; coercion, first degree; riot, first degree; arson, third or fourth degree; vehicular assault; or vehicular manslaughter. If you have been convicted of more than one of these crimes during the last ten years, then you will lose points only for the most serious one. Thus, if you have been convicted of kidnapping (-6) and vehicular assault (-2), you will lose six points. (ii) Institutional Behavior 60 Participation months are used to calculate your institutional behavior score. A participation month is a thirty-day period of regular participation, at least one out of three segments of a day, five days per week, four weeks per month. The three segments are morning, afternoon, and evening. The participation month must be in either a program or a work assignment, supervised by a certified instructor or teacher within the two years prior to applying for the release program. Prisoners in involuntary protective custody (“IPC”) who have not had a chance to participate in programs will get one point (+1) for every six months spent in IPC during the last two years. (1) Program Participation I You can get a maximum of sixteen points (+16) under this item. You can earn up to two points (+2) for each three-month period: one point (+1) for participating in a work assignment and one point (+1) for participating in a program. If you have been in IPC and have not had an opportunity to participate, you will be awarded one point (+1) for every six months in IPC during the two years prior to your application. (2) Program Participation II You can get a maximum of one point (+1) under this item. You can get this extra point by accumulating eight participation months for the period of twenty-five to thirty-six months prior to application. In other words, since under Program Participation I you can only get points for the two years prior to application, this item will give you a point if you have successfully completed programs in the year before the two-year period starts. You cannot earn the extra point unless you have been incarcerated for more than twenty-four months. (3) Discipline I You can get a maximum of four points (+4) if you have had only a limited number of disciplinary proceedings that impose a loss of privileges for fourteen days or more, or any term of special housing or keeplock in a certain time period. Room and dorm restrictions are equivalent to keeplock for the purposes of this calculation. If you have had no disciplinary proceedings in the last three months before you apply for temporary release, you will get one point (+1); you will get a second point if you have had one or no disciplinary proceedings in the last six months; you will get a 60. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1900.4(e)(2) (2001).
Ch. <strong>33</strong> TEMPORARY RELEASE PROGRAMS 903 third point for having two or fewer proceedings over the last nine months; and you will get the full four points if you have had three or fewer proceedings over the last twelve months. (4) Discipline II You will get another point (+1) if you have had three or fewer disciplinary proceedings of the same type as above in the twelve to twenty-four months prior to application, as long as you have been a prisoner for at least twenty-four months. (5) Temporary Release Record This only applies if you have been on temporary release before. If you have been convicted or arrested for a crime while on temporary release during the past year, you will lose six points (-6); if you have been removed from work release or educational leave for disciplinary reasons other than rearrest within the last year, you will lose three points (-3); you will lose three points (-3) if convicted or arrested while on temporary release within the twelve to twenty-four months prior to application; you will lose two points (-2) if within the last six months, you returned late or under the influence of drugs or alcohol, or violated any temporary release program rules. You will gain two points (+2) if you have successfully completed your last temporary release, if it was within the last year; you will get four points (+4) if your two most recent releases in the past year were successful. You will get zero points if none of the above applies to you; if your last release was over a year ago or was an escorted or supervised group activity; or if you have had your parole revoked since your last successful participation in temporary release. Anyone found to be an absconder will be ineligible for temporary release. You will lose three points (-3) if, during the last year, you have been removed from a work or educational release program for reasons other than rearrest. If any of these violations took place over six months ago, you will lose no points. (iii) Total Score After each prisoner has been scored, twenty-six points (+26) are added to the score to make sure that the score is not negative. 61 You will need thirty points to participate in a short-term temporary release program 62 and thirty-two points to participate in a continuous program. So, while you could participate for one day only in a community service program with a score of thirty, a score of thirtytwo lets you participate on a daily basis. 63 However, just because you have scored the right number of points does not mean that you are going to get the release. Having sufficient points only means that you will be able to meet with the interviewer. 64 (b) Department Procedures for Considering Your Application After scoring the application, the interviewer will conduct a preliminary review. 65 The interviewer will verify the information in your application and determine if you are eligible based on your point score, your crime, and any other factors that were discussed in Part C above. 66 After the interview, you will have two work days to challenge the information used in the point score. 67 Once 61. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1900.4(e)(3) (2001). 62. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1901.1(a) (2001). 63. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1903.1(c) (2001). 64. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1900.4(f) (2001). 65. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1900.4(g) (2001). 66. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1900.4(h) (2001). 67. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1900.4(i) (2001).
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CHAPTER 33 - Columbia Law School

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