Department of Corrections and Community Supervision

Rules & Regulations

Temporary Release Program and Short Term Temporary Release Program (Sections 1900.3(a) and 1901.1 (a) & (c) of 7 NYCRR)

Date filed with the Department of State (DOS): 3/30/2011

DOS #:COR-16-11-00001

Date adopted:3/7/2012

Description:To add language to recognize same-sex marriages under certain circumstances.

TEXT OF RULE

Section 1900.3 (a)(1) of Title 7 NYCRR is amended as follows:

(1)To visit his/her spouse, child, brother, sister, grandchild, parent, grandparent or ancestral aunt or uncle during his or her last illness if death appears imminent; (For the purposes of this section the term "spouse" includes a person who is the same sex as the inmate, if the same-sex marriage was performed in New York State or if a same sex marriage or civil union was performed in any other jurisdiction that authorizes such marriage or union. Counsel's Office may be consulted to determine whether the outside jurisdiction does authorize same-sex marriages or civil unions.)

Section 1901.1 (a) of Title 7 NYCRR is amended as follows:
(a)Upon receipt of the inmate's application, the temporary release committee chairperson shall verify the facts of the case. A leave of absence can be granted to inmates who wish to visit their spouse, child, brother, sister, grandchild, parent (natural or legally adoptive), grandparent or ancestral aunt or uncle only. (For the purposes of this section the term "spouse" includes a person who is the same sex as the inmate, if the same-sex marriage was performed in New York State or if a same sex marriage or civil union was performed in any other jurisdiction that authorizes such marriage or union. Counsel's Office may be consulted to determine whether the outside jurisdiction does authorize same-sex marriages or civil unions.) For a deathbed visit, it is necessary that the temporary release committee chairperson contact the patient's doctor or hospital administrator directly in order to verify the patient's medical condition and to ascertain if death is imminent. The chairperson must also verify the name, address and telephone number of the hospital and attending physician along with any other facts necessary to consider this case.

Section 1901.1 (c)(2)(i)(a)(3) of Title 7 NYCRR to be amended as follows:
(3) spouse (see section 1901.1 (a)(1)(i)(a) or the scope of the term);

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.