Inmates may apply for temporary release by completing a notification to temporary release committee form 4133E indicating the type of temporary release program and their reasons for applying. In cases where the inmate is incapacitated, the facility health services director or an authorized staff person may submit the application for him/her.
The offender rehabilitation coordinator (ORC) shall complete the application on the automated system.
The ORC shall make sure that the inmate is statutorily or otherwise eligible for temporary release.
Offense | Penal Law Section |
Assault 2 | 120.05 |
Gang Assault 2 | 120.06 |
Gang Assault 1 | 120.07 |
Assault on a peace officer, police officer, fireman or emergency medical services professional | 120.08 |
Assault 1 | 120.10 |
Aggravated Assault upon a police officer or a peace officer | 120.11 |
Burglary 2 | 140.25 |
Burglary 1 | 140.30 |
Attempted Arson 1 | 150.20 |
Robbery 2 | 160.10 |
Robbery 1 | 160.15 |
Intimidating a victim or witness 1 | 215.17 |
Criminal Possession of a Weapon 2 | 265.03 |
Criminal Possession of a dangerous Weapon 1 | 265.04 |
Criminal Use of a Firearm 2 | 265.08 |
Criminal Use of a Firearm 1 | 265.09 |
Offense | Penal Law Section |
Escape, third degree | 205.05 |
Escape, second degree | 205.1 |
Escape, first degree | 205.15 |
Absconding, second degree | 205.16 |
Absconding, first degree | 205.17 |
Absconding from furlough | 205.18 |
Absconding from a community treatment facility | 205.19 |
Offense | Penal Law Section |
Criminally negligent homicide | 125.10 |
Aggravated criminally negligent homicide | 125.11 |
Vehicular manslaughter 2 | 125.12 |
Vehicular manslaughter 1 | 125.13 |
Manslaughter 2 | 125.15 |
Manslaughter 1 | 125.20 |
Aggravated manslaughter in the second degree | 125.21 |
Aggravated manslaughter in the first degree | 125.22 |
Murder 2 | 125.25 |
Aggravated murder | 125.26 |
Murder 1 | 125.27 |
Abortion 2 | 125.40 |
Abortion 1 | 125.45 |
Self-abortion in the second degree | 125.50 |
Self-abortion in the first degree | 125.55 |
Issuing abortional articles | 125.60 |
Sexual misconduct | 130.20 |
Rape 3 | 130.25 |
Rape 2 | 130.30 |
Rape 1 | 130.35 |
Criminal sexual act in the third degree | 130.40 |
Criminal sexual act in the second degree | 130.45 |
Criminal sexual act in the first degree | 130.50 |
Forcible touching | 130.52 |
Persistent sexual abuse | 130.53 |
Sexual abuse 3 | 130.55 |
Sexual abuse 2 | 130.60 |
Sexual abuse 1 | 130.65 |
Aggravated sexual abuse in the fourth degree | 130.65-A |
Aggravated sexual abuse 3 | 130.66 |
Aggravated sexual abuse 2 | 130.67 |
Aggravated sexual abuse 1 | 130.70 |
Course of sexual conduct against a child 1 | 130.75 |
Course of sexual conduct against a child 2 | 130.80 |
Female genital mutilation | 130.85 |
Facilitating a sex offense with a controlled substance | 130.90 |
Sexually motivated felony | 130.91 |
Predatory sexual assault | 130.95 |
Predatory sexual assault against a child | 130.96 |
Aggravated harassment of an employee by an inmate | 240.32 |
Incest in the third degree | 255.25 |
Incest in the second degree | 255.26 |
Incest in the first degree | 255.27 |
Use of a child in a sexual performance | 263.05 |
Promoting an obscene sexual performance by a child | 263.10 |
Possessing an obscene sexual performance by a child | 263.11 |
Promoting a sexual performance by a child | 263.15 |
Possessing a sexual performance by a child | 263.16 |
Soliciting or providing support for an act of terrorism in the second degree | 490.10 |
Soliciting or providing support for an act of terrorism in the first degree | 490.15 |
Making a terroristic threat | 490.20 |
Crime of terrorism | 490.25 |
Hindering prosecution of terrorism in the second degree | 490.30 |
Hindering prosecution of terrorism in the first degree | 490.35 |
Criminal possession of a chemical weapon or biological weapon in the third degree | 490.37 |
Criminal possession of a chemical weapon or biological weapon in the second degree | 490.40 |
Criminal possession of a chemical weapon or biological weapon in the first degree | 490.45 |
Criminal use of a chemical weapon or biological weapon in the third degree | 490.47 |
Criminal use of a chemical weapon or biological weapon in the second degree | 490.50 |
Criminal use of a chemical weapon or biological weapon in the first degree | 490.55 |
The offender rehabilitation coordinator shall score the application using the temporary release point system on the application work sheet making one copy for his/her department files and one for the inmate. The offender rehabilitation coordinator will then do the preliminary screening for those cases described in subdivision (n) of this section. There are 11 items in the point score system. Six are based on criminal history and five are based on behavior while under departmental custody. The items in the point system and the manner in which they should be scored are as follows:
Offense | Penal Law Section |
Murder in 1st degree | Section 125.27 |
Murder in 2nd degree | Section 125.25 |
Kidnapping 1st degree | Section 135.25 |
Kidnapping 2nd degree | Section 135.20 |
Rape in 1st degree | Section 130.35 |
Rape in 2nd degree | Section 130.30 |
Rape in 3rd degree | Section 130.25 |
Sodomy in 1st degree | Section 130.50 |
Sodomy in 2nd degree | Section 130.45 |
Sodomy in 3rd degree | Section 130.40 |
Sexual abuse 1st degree | Section 130.65 |
Incest | Section 255.25 |
Use of child in sexual performance | Section 263.05 |
Promoting an obscene sexual performance by a child | Section 263.10 |
Promoting a sexual performance by a child | Section 263.15 |
Offense | Penal Law Section |
Assault 1st degree | Section 120.10 |
Manslaughter 1st degree | Section 125.20 |
Manslaughter 2nd degree | Section 125.15 |
Arson 1st degree | Section 150.20 |
Arson 2nd degree | Section 150.15 |
Burglary 1st degree | Section 140.30 |
Robbery 1st degree | Section 160.15 |
Sexual misconduct | Section 130.20 |
Sexual abuse 2nd degree | Section 130.60 |
Sexual abuse 3rd degree | Section 130.55 |
Endangering the welfare of a child | Section 260.10 |
Offense | Penal Law Section |
Criminal trespass 1st degree | Section 140.17 |
Robbery 2nd degree | Section 160.10 |
Robbery 3rd degree | Section 160.05 |
Criminally negligent homicide | Section 125.10 |
Assault 2nd degree | Section 120.05 |
Assault 3rd degree | Section 120.00 |
Firearms and other dangerous weapons | Sections 265.01 - 265.15 |
Menacing | Section 120.15 |
Reckless endangerment 1st degree | Section 120.25 |
Unlawful imprisonment | Section 135.10 |
Coercion 1st degree | Section 135.65 |
Riot 1st degree | Section 240.06 |
Arson 3rd degree | Section 150.10 |
Arson 4th degree | Section 150.05 |
Vehicular assault | Section 120.03 |
Vehicular manslaughter | Section 125.12 |
If the preliminary review reveals that the inmate is eligible for temporary release, the offender rehabilitation coordinator will notify the inmate of the scheduled temporary release committee appearance.
It is mandatory for the offender rehabilitation coordinator/offender rehabilitation coordinator aide to meet with the inmate to discuss his/her application eligibility or ineligibility. Inmates who score in the low range must be informed. After scoring the application and preliminary screening for review categories, the ORC shall meet with the inmate to explain how the application was scored and the range into which he/she falls. Possible inclusion in a central monitoring case category, statutory review or special review category shall be noted, where necessary. Any disputes about information used to score the application must be documented by the offender rehabilitation coordinator.
After the interview, the inmate has two work days to challenge information used in the point score. At the end of that time, if the inmate has not challenged the scoring, or as soon as all disputes have been reviewed, the offender rehabilitation coordinator shall refer the scored application to the temporary release committee chairperson.
The temporary release committee chairperson must review all applications for eligibility including central monitoring cases (CMC), special reviews and statutory status. The chairperson will then review the score which becomes official upon his/her approval. He/she will also check the file to determine possible low-point status or possible inclusion in CMC, statutory review or special review categories.
Inmates shall be notified of their official point score, the range into which it falls, and any scheduled appearance before the temporary release committee via the notification to inmate form.
All applications must be referred to central office for review and decision.
N.Y. Comp. Codes R. & Regs. Tit. 7 § 1900.4