Department of Corrections and Community Supervision

Rules & Regulations

Temporary Release Program (Part 1900 of 7 NYCRR)

Date filed with the Department of State (DOS): 6/20/2007

DOS #: COR-25-07-00005

Date adopted: 9/05/2007

Description: To amend Part 1900 of Title 7 NYCRR in accordance with the Governor's Executive Order 9, enacted the fifth day of March, in the year two thousand seven.

TEXT OF RULE

The following sections of Part 1900 of title 7 NYCRR are amended as follows:

The text in section 1900.4 (c) (1) (ii), is hereby amended as follows:

(ii) Except as provided by paragraph (4) of this subdivision, an inmate’s current commitment must not be the result of a conviction or a youthful offender adjudication (Y.O.) for any of the following violent felony offenses if the crime involved either being armed with, the use of,[or] the threatened use of, or the possession with the intent to use unlawfully against another of, a deadly weapon or a dangerous instrument, or the crime involved the infliction of serious physical injury.

The list of Offenses and Penal Law Sections in section 1900.4 (c) (2) (ii) is hereby amended by as follows:

Offense Penal Law Section
Criminally negligent homicide 125.1
Aggravated criminally negligent homicide 125.11
Vehicular manslaughter 2 125.12
Vehicular manslaughter 1 125.13
Manslaughter 2 125.15
Manslaughter 1 125.2
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 2 125.4
Abortion 1 125.45
Self-abortion in the second degree 125.5
Self-abortion in the first degree 125.55
Issuing abortional articles 125.6
Sexual misconduct 130.2
Rape 3 130.25
Rape 2 130.3
Rape 1 130.35
[Consensual sodomy] [130.38]
[Sodomy 3] Criminal sexual act in the third degree 130.4
[Sodomy 2] Criminal sexual act in the second degree 130.45
[Sodomy 1] Criminal sexual act in the first degree 130.5
Forcible Touching 130.52
Persistent sexual abuse 130.53
Sexual abuse 3 130.55
Sexual abuse 2 130.6
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 1 130.7
Course of sexual conduct against a child 1 130.75
Course of sexual conduct against a child 2 130.8
Female genital mutilation 130.85
Facilitating a sex offense with a controlled substance 130.9
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 263.1
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 490.1
Soliciting or providing support for an of terrorism in the first degree 490.15
Making a terroristic threat 490.2
Crime of terrorism 490.25
Hindering prosecution of terrorism in the second degree 490.3
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 490.4
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 490.5
Criminal use of a chemical weapon or biological weapon in the first degree 490.55
Note:

Changes in the proposed text are indicated by underlining new text and [bracketing] text to be deleted. Rules that are new are presented as regular text without underlining or brackets. New and/or repealed rules are noted in the description heading at the top of the document.

The complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website.