Department of Corrections and Community Supervision

Rules & Regulations

Increase Allowable Length of Minimum Sentence for Inmates to Qualify for the Earned Eligibility Program and Change the Term "Pre-Release" Program to "Transitional Services" Program (Sections 2100.1 and 2100.4 (b) of 7 NYCRR)

Date filed with the Department of State (DOS): 2/17/2009

DOS #: COR 09-09-00013

Date adopted: 6/03/2009

Description: To modify Section 2100.1 so eligible inmates can be serving an indeterminate sentence within a minimum term of not more than eight years, rather than not more than six years, to be considered for the Earned Eligibility Program, and to modify Section 2100.4 (b) to replace the name "pre-release" program with "transitional services" program to reflect a Departmental change.


The Department of Correctional Services amends 7NYCRR, sections 2100.1 and 2100.4(b) as indicated below:

Section 2100.1 Statement of purpose.

This Part sets forth the policies and procedures governing the earned eligibility program. Consideration for this program is available to any inmate serving an indeterminate sentence with a minimum term of not more than eight[six] years.

(b) The guidance unit will coordinate a comprehensive evaluation of each inmate's program files and records. This evaluation shall include all files and records regarding counseling, education, occupational training, family services, ministerial services, transitional services[pre-release], temporary release, alcohol and substance abuse treatment, network, special subjects, and any other appropriate programs and activities in which the inmate has participated. All other facility staff will assist and participate in conducting this evaluation as assigned or requested.

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 New and/or repealed rules are noted in the description heading at the top of the document.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.