WHEREAS, temporary release programs provide an important opportunity for inmates committed to state prison to transition back into their home communities under supervision, and to assume responsibilities that will facilitate their ability to lead law-abiding lives; and
WHEREAS, temporary release programs should be focused on those inmates who are most likely to live and work within the local community in a law-abiding manner; and
WHEREAS, the positive acceptance of temporary release programs within the surrounding community is vital for the overall success of such programs; and
WHEREAS, there are certain classes of inmates who have committed crimes of particular violence, depravity or victimization, and who are less likely to succeed in temporary release programs; and
WHEREAS, the temporary release of such inmates likely would cause alarm and concern in the surrounding community, and thereby would diminish the acceptance of temporary release programs generally; and
WHEREAS, Correction Law § 851(2) grants the Governor the power to exclude or limit the participation of any class of otherwise eligible inmates from participation in a temporary release program;
NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the Laws of the State of New York, do hereby order the Commissioner of the Department of Correctional Services to promulgate, modify, adopt, or rescind any rules, regulations, directives, policies or procedures as may be necessary to prevent the future transfer of any inmate to any program of temporary release, when the inmate is convicted of any of the following crimes, or is convicted of an attempt or a conspiracy to commit any of the following crimes:
Signed: Eliot SpitzerDated: March 5, 2007
N.Y. Comp. Codes R. & Regs. Tit. 9 § 6.9