CHAPTER 33 - Columbia Law School

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896 A JAILHOUSE LAWYER’S MANUAL Ch. 33 (c) Community Services Program As described in Part B(1)(b) above, the community service program allows prisoners to leave the facility for up to fourteen hours a day in order to participate in religious services, athletic events, volunteer work, or cultural events not offered at the facility. The advantage of participating in the continuous community service program is that once accepted, you will not have to reapply in order to get released. That is, so long as your disciplinary record remains the same, you will be able to leave your facility for up to fourteen hours a day, week after week. The short-term program has fewer benefits (for example, you can only leave the facility for a maximum of seven days at a time before reapplying for temporary release privileges), but, as discussed in Part C below, it is easier to get. 25 (d) Industrial Training Leave This program allows an eligible prisoner to leave the facility for up to fourteen hours in any day to participate in an industrial training program. An industrial training program assigns a prisoner to the supervision of a federal, state, county, or local government employee, who is not a correction officer, and allows the prisoner to assist that employee in performing his job assignment. 26 4. Continuous Temporary Release Procedures In order to qualify for a continuous temporary release, you must first apply and be approved at the facility level. If you are approved, you may be transferred to a different criminal facility that has the temporary release program for which you applied. When you arrive at the new facility, you will be interviewed by a correction counselor and a temporary release parole officer. You will participate in an orientation program that will introduce you to the facility and to the program. 27 If you have no money when you arrive at the program facility, prison administrators may give you an advance. You can use the advance to cover the costs of your job search, tuition or related expenses, transportation costs for a weekend furlough, or an emergency leave of absence. You must repay the advance as soon as possible. Prisoners in a work release program will earn money. All other prisoners may receive an incentive allowance, or the equivalent, provided they satisfactorily perform their institutional duties. All money that comes into your control while you are in a continuous temporary release program must be turned over to the facility processing officer to be deposited into your account. If you are in a work or educational release program, you must pay for all expenses related to your participation in that program. If you do not have money or other educational funds (such as a scholarship), you will not be allowed to enroll in college. 28 Just as with short-term temporary release programs, you must have a photo identification card and a signed “Memorandum of Agreement.” The identification card must be carried with you at all times. 29 There are many restrictions on the types of jobs that you may take. If you are accepted into a work release program, the facility will help you determine what employment you may accept. If necessary, you may be granted an eight-hour, non-continuous job search furlough. If you have not 25. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1903.1(c) (2001). 26. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1903.1(d) (2001). 27. N.Y. Comp. Codes R. & Regs. Tit. 7, §§ 1903.2(a), (b)(2) (2001). 28. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1903.2(f)(ii) (2001). 29. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1903.2(c)(8) (2001).
Ch. 33 TEMPORARY RELEASE PROGRAMS 897 found employment within six weeks after orientation, you may be removed from the program if the TRC decides you are unwilling or unable to secure a job. 30 5. Family Reunion Program If you do not qualify for either the leave of absence for funeral/deathbed visits, or the furlough family-ties programs, you may still have another chance to visit with your family. The Family Reunion Program allows selected prisoners and their families to meet privately for an extended period of time. 31 This program has nothing to do with the Temporary Release program. Rather, it is part of visitation and is only available to those prisoners who are not eligible for the temporary release program. Any prisoner may apply if his facility offers the program. 32 The rules state that to be eligible, the prisoner: (1) Must have been in the department’s custody for at least ninety days, and be a resident for at least thirty days of a facility that offers the program; 33 and (2) Must have shown a pattern of good institutional adjustment and have not recently had any major disciplinary problems, nor an extended history of disciplinary problems. 34 The prisoner must also maintain satisfactory behavior throughout the application and the visit. 35 Further, a prisoner is not eligible for the Family Reunion Program if he: (1) Is eligible for the Temporary Release Program, unless the prisoner’s application for temporary release has been denied; (2) Has a higher security designation than permitted at the program site; (3) Is assigned to a special housing unit for disciplinary reasons; or (4) Has violated the Family Reunion Program rules within the past ninety days. 36 Applicants who have violated Family Reunion Program rules in the past must be approved and reviewed by the Central Office. 37 For more information about which family members may participate in the program, the procedures for applying, and the instructions for conducting the visit, please see N.Y. Comp. Codes R. & Regs. title 7, section 220. C. Eligibility Requirements for Temporary Release Programs If you have ever been convicted of any of the following offenses, you are not eligible for temporary release: (1) Escape, first, second, and third degree; (2) Absconding, first and second degree; and (3) Absconding from furlough or from a community treatment facility. 38 30. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1903.2(d)(2)(vi) (2001). 31. N.Y. Comp. Codes R. & Regs. Tit. 7, § 220.1 (2001). 32. N.Y. Comp. Codes R. & Regs. Tit. 7, § 220.2 (2001). 33. N.Y. Comp. Codes R. & Regs. Tit. 7, § 220.2(a)(1) (2001). 34. N.Y. Comp. Codes R. & Regs. Tit. 7, § 220.2(a)(2) (2001). 35. N.Y. Comp. Codes R. & Regs. Tit. 7, § 220.2(a)(2) (2001). 36. N.Y. Comp. Codes R. & Regs. Tit. 7, §§ 220.2(b)(1)–(4) (2001). 37. N.Y. Comp. Codes R. & Regs. Tit. 7, § 220.2(b)(4) (2001). 38. N.Y. Comp. Codes R. & Regs. Tit. 7, § 1900.4(c)(2)(i) (2001). Absconding refers to failing to report or moving without informing your Parole Officer.
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CHAPTER 33 - Columbia Law School

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