TEXT OF RULE
Section 220.2 (a) (1), (2), (i)-(ii) are amended and new subparagraphs (iii)
and (iv) are added as follows:
(1) Time. The inmate has been in the department’s custody, in other
than initial reception [or initial hub assessment status], for at least
[90 days] 6 months , and has been at the time
of application a resident of a facility that offers the FRP for at least
30 days.
(2) Adjustment. The inmate has exhibited a pattern of good institutional
adjustment, and has not had any recent major disciplinary problems ,
[nor] any chronic disciplinary problems
or severe
disciplinary problems
. Satisfactory behavior must be maintained throughout
the duration of the application processing and the visit.
(i) [Recent m] M ajor disciplinary problem.
Any Tier II or III disciplinary proceedings in the eight weeks prior to
the application resulting in confinement to cell, room or dorm continuously
on certain days or during certain hours, for longer than 14 days, or, any
loss of good time.
Satisfactory behavior must be
maintained throughout the duration of application processing and the visit.
Reapplication can be made eight weeks from the confinement release date,
or date of misbehavior report if loss of good time is the only sanction
imposed.
(ii) Chronic disciplinary problem. Three or more Tier II or III disciplinary
proceedings in the last four months resulting in the imposition of any keeplock
time, any loss of privileges, or any loss of good time. [The term, however,
is evaluative. Facility family service coordinators, superintendents, and
the division of ministerial and family services will exercise discretion in
determining whether or not an inmate with chronic disciplinary problems may
participate in FRP.]
(iii) Severe disciplinary problem. A conviction or disciplinary
finding for any of the following will result in a one year ban from the
FRP beginning after any disciplinary confinement is over. Substance abuse
disciplinary situations will require the completion of the ASAT program
or equivalent before reapplication. A Tier II or III disciplinary report
which includes:
(a) A conviction for a federal or state crime while
incarcerated;
(iv) Facility family service coordinators, superintendents,
and the division of ministerial, family and volunteer services will exercise
discretion in determining whether or not an inmate with disciplinary problems
may participate in FRP.
Section 220.2 (a) (3) (i)-(iii) is repealed and a new section 220.2 (a) (3)
is proposed to read as follows:
(3) Program participation. The inmate applicant must have participated in
or pursued required programs as identified on his or her program/earned eligibility
plan. Program/earned eligibility plan refusals, negative removals or regressions
make an applicant ineligible until that need is addressed. Formal therapeutic
programs sanctioned by the department, such as the Alcohol and Substance Abuse
Treatment Program (ASAT) or other approved department treatment program (including
CASAT, DWI, the Stay n’ Out Program at Arthurkill and Bayview and other
specialized substance abuse programs approved by the department) for substance
abuse and the Aggression Replacement Training Program (ART) for aggression/violence,
are the standards that must be met. Inmates who have actively pursued their
plan yet who have not completed programs and satisfied their needs will be
evaluated according to their entire record. Active participation or actual
completion, however, may be required to satisfy this precondition.
Section 220.2 (b) (3) and (4) are amended as follows:
(3) the inmate is assigned to a special housing unit for disciplinary reasons
or is in administrative segregation or in a mental
health unit with concurrent SHU time (BHU, RMHU or IICP).
(4) an inmate participant found in violation of FRP regulations/standards
is ineligible to participate for [90 days]
6 months
from the date of the disciplinary hearing finding.
A new application[,
filed more than 90 days after the violation,] must be reviewed and approved
by central office prior to the inmate’s future program participation.
Section 220.2 (c) (1) (ii), (v), (vi)(a), (vii) are amended and new subparagraphs
(viii)-(x) are added as follows:
(1)
A special review will be conducted which will
include consideration of the specifics of the crime, the age of the inmate
at the time of the offense, progress in programs, custodial adjustment,
victim impact and the entire case record.
A special review to determine
eligibility will be conducted if an inmate:
(ii) has any outstanding warrants, show cause order
(e.g., [U.S.] Bureau of Immigration [Services]
& Customs Enforcement );health unit;
(a) review must include consideration of evaluation by psychiatric
(vii) is diagnosed as having a communicable disease[.];
(viii) has been convicted of a violent crime against
an elderly person or a child;
Section 220.3 (a), (1), (2) and (3) are amended as follows:
(a) Eligible relations. Applications for participation in the FRP may be
made for the following family members, all of whom must have established
a recent visiting pattern[:].
A
recent visiting pattern is defined as three visits of any kind within the
past year. Discretion can be used in situations where family members are
elderly, infirmed or out of state.
(1) Legal spouses - a husband/wife of the inmate to whom (s)he has been
married for at least [90 days] 6 months , and
who is not him/herself an inmate of a state correctional facility. Spouses
must possess documentation of a valid marriage license or a declaratory
judgment stating the validity of an out-of-state common-law marriage.
(2) Children of the inmate , 18 years
of age or older.
(3) Minor children of the inmate (under
18 years of age) may participate when accompanied by the inmate’s
spouse, parents or grandparents, provided:
New paragraphs (4) and (5) are added to section 220.3 (b) as follows:
(4) Step children of the inmate with permission from both biological parents
if they are alive.
(5) Grandchildren and step grandchildren of the inmate with permission of
their parents.
Section 220.4 (c)(1), (f), (g) and (j) (2) (ii) are amended as follows:
(1) Checks inmate’s security file for major, [or] chronic
,
or severe
disciplinary problems.
(f) [Assistant] Deputy commissioner
for
program services
(or designee).
(g) Family service coordinator. Upon approval of the [assistant] deputy
commissioner for program services (or designee)
or the superintendent, transmits the names of approved applicants to the
facility health service unit….
(ii) Arranges to interview family members prior to visit. Places AIDS educational
material in unaddressed envelope and gives it to an adult, non-spouse visitor.
Gives each visiting spouse the unaddressed envelope prepared by facility
health services containing AIDS educational material .
Provides support and referral to family members who request assistance.
Section 220.5 (b) and (c) are amended as follows:
(b) Advises the inmate that (s)he may appeal the disapproval by letter
to the [assistant] deputy commissioner
for
program services
, with a copy to the facility family services coordinator,
to be mailed within 10 days of notification of disapproval. The inmate’s
letter must state the reason(s) for challenging the disapproval.
(c) The [assistant] deputy commissioner
for program services will respond within
[two] four weeks of receipt of the letter
of appeal stating the reason(s) for sustaining or reversing the approval.
The [assistant] deputy commissioner’s
decision shall be final.
Section 220.6 (a)-(c) are amended as follows:
(a) the inmate has been transferred from one FRP facility to another (inmate’s
application must be reviewed by [assistant] deputy
commissioner for program services or designee);
(b) the facility family services coordinator or superintendent recommends
disapproval (inmate’s application must be reviewed by [assistant]
deputy commissioner
for
program
services or designee);
(c) new family participants over the age of 12 are added.
Note: In the event of either subdivision (a) or (b) of this
section, the inmate’s application must be reviewed by the [assistant]
deputy commissioner
for
program services
or his/her designee….
Section 220.7 (c), (d) and (f) are amended as follows:
(c) Unusual termination. A visit may be terminated before the designated
time upon the request of the participants. It may also be terminated by
the judgment of the family reunion coordinator with the officer of the day
(for example, if there is a family disturbance
or
a weather emergency
). The visit will be terminated immediately if
any participants are found to be under the influence of alcohol or drugs.
(d) Emergency termination. Illness, deaths, immediate family problems
or
a facility emergency
.
(f) In all cases of terminations pursuant to subdivisions (c)-(e) of this
section, thorough documentation is required with an unusual incident report
filed with local institution, family reunion office, and [assistant] deputy
commissioner for [ministerial and family] program
services.
Section 220.8 is repealed and a new section 220.8 is proposed as follows:
(a) A urine sample will be obtained from a participating inmate at the following
times:
(1) between two to ten days prior to a FRP visit;
(i) A urinalysis will be required at points (1) and (3); the sample drawn
at (2) may be analyzed immediately or if the inmate tests positive at point
(3).
(b) If the inmate tests positive for drugs at point (1), the FRP visit will
be cancelled. Security will inform the Family Services Coordinator, who will
be responsible for advising the inmate's family of the cancellation. If the
inmate is found guilty at the time of the disciplinary hearing, he/she, in
addition to being subject to penalties under the Standards of Inmate Behavior,
7 NYCRR Chapter V, will also be suspended from the Family Reunion Program
for one year. As a condition of reapplication, the inmate must have completed
the ASAT program or equivalent in the interim, and must present documentation
of same at the time of reapplication. If the inmate is found not guilty, the
FRP visit will be rescheduled for a date that is acceptable to both the family
and the facility.
(c) If the inmate tests negative at point (1) and positive at point (3), the
urine sample taken at point (2) will be tested to determine if the inmate
ingested drugs between points (1) and (2). If the (2) sample is positive,
the family cannot be implicated. However, if the (2) sample is negative, it
can be concluded that the drugs were ingested during the Family Reunion visit,
with the family, therefore, being involved at some level. In this situation,
the inmate will be subject to the sanctions outlined in B (above); additionally,
the family will be required to participate in a drug education program at
some point during the one-year suspension, and present documentation of same
at the time of reapplication.
(d) The sanctions outlined in B and C above will be discussed in the context
of a counseling session conducted by the Family Services Coordinator subsequent
to the inmate's disciplinary proceeding. At that time, drug education alternatives
will be presented, e.g. ASAT and Narcotics Anonymous (for inmates) and community-based
programs (for inmates' families), with referrals being made to appropriate
personnel and organizations as needed.
Section 220.9 (c), (e)(1), and (g) are amended as follows:
(c) Visitors are allowed to bring only a minimum amount of personal property,
including items of personal hygiene. The facility shall provide: pillows,
blankets, bed linens, towels, soap and condoms[,
sanitary pads and tampons (female facilities only)].
(1) General. Glass containers are prohibited. Except for fresh fruits and
vegetables, [meats and prepared foods,] food products must be commercially
packaged in airtight hermetically sealed containers impervious to external
influence….
(g) Visitors may not bring in any alcohol, narcotics, dangerous drugs,
[or] weapons
cellular phones, wireless phones, pagers,
laptop computers, personal digital assistants, any device with global positioning
(G.P.S.) capabilities, any device with audio recording capabilities, radios,
cameras or other similar electronic devices.