N.Y. Comp. Codes R. & Regs. tit. 9 § 8010.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 8010.4 - Interim procedures for inmates previously subject to Correction Law, section 865(1)(ii)

(a) Purpose. The purpose of these interim procedures is to expedite release of shock inmates who had previously been required to complete 12 months of incarceration prior to release. These inmates are now eligible for immediate review, or immediate release if they have already received release decisions from the Parole Board, by virtue of amendments to the Correction Law contained in sections 292 and 293 of chapter 55 of the Laws of 1992.

(b) Those inmates who have successfully completed the six-month shock incarceration program, who have received a certificate of earned eligibility, who have received a Parole Board decision as of the effective date of these interim procedures which grants release, and whose release date has been established based on the 12-month period previously required by Correction Law, section 867(4), may be released on or after the effective date of these interim procedures. Release shall occur as soon as practicable once the proposed parole program has been investigated and approved.

(c) For those inmates who have successfully completed the six-month shock incarceration program, and who have not yet received a Parole Board decision granting or denying release due to the 12-month incarceration period previously required by Correction Law, section 867(4), the following procedures shall apply upon issuance of a certificate of earned eligibility by the Department of Correctional Services. At least two members of the board shall review the information specified in sections 259-a (1)-(3) and 259-c (3) of the Executive Law with respect to such inmates, and shall make a determination whether to grant parole release to each such inmate or to order the appearance of the inmate for a personal interview. If the board determines than an interview is necessary, the interview shall be conducted as soon as practicable after the effective date of these regulations. At the conclusion of each such interview, where one is ordered by the board, if release is denied, the inmate shall be provided with a written statement of the reasons for such denial.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8010.4