State Codes and Statutes

Statutes > New-york > Cor > Article-4 > 73

§  73.  Residential  treatment  facilities.    1. The commissioner may  transfer any inmate of a  correctional  facility  who  is  eligible  for  parole  or  who  will become eligible for parole within six months after  the date of transfer or who has one year or less remaining to be  served  under  his  sentence to a residential treatment facility and such person  may be  allowed  to  go  outside  the  facility  during  reasonable  and  necessary  hours  to  engage  in  any activity reasonably related to his  rehabilitation and in accordance with the program established  for  him.  While  outside  the  facility he shall be at all times in the custody of  the department of correction and under  the  supervision  of  the  state  division of parole.    2.   The   division  of  parole  shall  be  responsible  for  securing  appropriate education, on-the-job training and  employment  for  inmates  transferred to residential treatment facilities. The division also shall  supervise  such inmates during their participation in activities outside  any such facility and at all times  while  they  are  outside  any  such  facility.    3. Programs directed toward the rehabilitation and total reintegration  into  the  community  of  persons transferred to a residential treatment  facility shall be established jointly by the  department  of  correction  and  the  division  of  parole. Each inmate shall be assigned a specific  program by the superintendent of the facility and a  written  memorandum  of such program shall be delivered to him.    4.  If  at  any  time  the  superintendent  of a residential treatment  facility is of the opinion that any aspect of the program assigned to an  individual is inconsistent with the welfare or safety of  the  community  or  of  the facility or its inmates, the superintendent may suspend such  program or any part thereof and restrict the inmate's activities in  any  manner  that  is  necessary and appropriate. Upon taking such action the  superintendent shall promptly notify the commissioner of correction  and  pending  decision  by  the commissioner the superintendent may keep such  inmate under such security as may be necessary.    5. The commissioner may at any time and for  any  reason  transfer  an  inmate  from  a  residential  treatment facility to another correctional  facility. The chairman of the state board  of  parole  may  request  the  commissioner  of  correction  to  transfer a person out of a residential  treatment facility if at any time the chairman is of  the  opinion  that  such person should no longer be allowed to follow a program that permits  him  to  engage in activities in the community. Upon receipt of any such  request, the commissioner shall  forthwith  transfer  the  inmate  to  a  correctional facility other than a residential treatment facility.    6. Where a person who is an inmate of a residential treatment facility  absconds,  or  fails  to  return  thereto  as  specified  in the program  approved for him, he may be arrested  and  returned  by  an  officer  or  employee of the department of correction or the division of parole or by  any  peace  officer,  acting  pursuant  to his special duties, or police  officer without a warrant; or a member of the  board  of  parole  or  an  officer  of  the division of parole designated by such board may issue a  warrant for the retaking of such person. A warrant  issued  pursuant  to  this  subdivision  shall  have  the  same force and effect, and shall be  executed in the same manner,  as  a  warrant  issued  for  violation  of  parole.    7. The provisions of this chapter relating to good behavior allowances  and  conditional  release  shall  apply  to  behavior  of  inmates while  assigned to  a  residential  treatment  facility  for  behavior  on  the  premises  and  outside  the  premises of such facility and good behavior  allowances may be granted, withheld, forfeited or cancelled in whole  or  in  part  for  behavior outside the premises of the facility to the sameextent and in the same manner as is  provided  for  inmates  within  the  premises of any facility.    8. The board of parole may grant parole to any inmate of a residential  treatment  facility at any time after he becomes eligible therefor. Such  parole shall be in accordance with provisions of law that would apply if  the person were still  confined  in  the  facility  from  which  he  was  transferred, except that any personal appearance before the board may be  at any place designated by the board.    9.  The  earnings  of  any  inmate of a residential treatment facility  shall be dealt with in  accordance  with  the  procedure  set  forth  in  section eight hundred fifty-seven of this chapter.    10.  The  commissioner  of correction and the chairman of the board of  parole are authorized to enter into an agreement  for  the  use  of  any  residential  treatment  facility  as  a residence for persons who are on  parole or conditional release, and  persons  under  supervision  of  the  board  of  parole  who  reside  in  such  facility  shall  be subject to  conditions of parole or release imposed by the board.

State Codes and Statutes

Statutes > New-york > Cor > Article-4 > 73

§  73.  Residential  treatment  facilities.    1. The commissioner may  transfer any inmate of a  correctional  facility  who  is  eligible  for  parole  or  who  will become eligible for parole within six months after  the date of transfer or who has one year or less remaining to be  served  under  his  sentence to a residential treatment facility and such person  may be  allowed  to  go  outside  the  facility  during  reasonable  and  necessary  hours  to  engage  in  any activity reasonably related to his  rehabilitation and in accordance with the program established  for  him.  While  outside  the  facility he shall be at all times in the custody of  the department of correction and under  the  supervision  of  the  state  division of parole.    2.   The   division  of  parole  shall  be  responsible  for  securing  appropriate education, on-the-job training and  employment  for  inmates  transferred to residential treatment facilities. The division also shall  supervise  such inmates during their participation in activities outside  any such facility and at all times  while  they  are  outside  any  such  facility.    3. Programs directed toward the rehabilitation and total reintegration  into  the  community  of  persons transferred to a residential treatment  facility shall be established jointly by the  department  of  correction  and  the  division  of  parole. Each inmate shall be assigned a specific  program by the superintendent of the facility and a  written  memorandum  of such program shall be delivered to him.    4.  If  at  any  time  the  superintendent  of a residential treatment  facility is of the opinion that any aspect of the program assigned to an  individual is inconsistent with the welfare or safety of  the  community  or  of  the facility or its inmates, the superintendent may suspend such  program or any part thereof and restrict the inmate's activities in  any  manner  that  is  necessary and appropriate. Upon taking such action the  superintendent shall promptly notify the commissioner of correction  and  pending  decision  by  the commissioner the superintendent may keep such  inmate under such security as may be necessary.    5. The commissioner may at any time and for  any  reason  transfer  an  inmate  from  a  residential  treatment facility to another correctional  facility. The chairman of the state board  of  parole  may  request  the  commissioner  of  correction  to  transfer a person out of a residential  treatment facility if at any time the chairman is of  the  opinion  that  such person should no longer be allowed to follow a program that permits  him  to  engage in activities in the community. Upon receipt of any such  request, the commissioner shall  forthwith  transfer  the  inmate  to  a  correctional facility other than a residential treatment facility.    6. Where a person who is an inmate of a residential treatment facility  absconds,  or  fails  to  return  thereto  as  specified  in the program  approved for him, he may be arrested  and  returned  by  an  officer  or  employee of the department of correction or the division of parole or by  any  peace  officer,  acting  pursuant  to his special duties, or police  officer without a warrant; or a member of the  board  of  parole  or  an  officer  of  the division of parole designated by such board may issue a  warrant for the retaking of such person. A warrant  issued  pursuant  to  this  subdivision  shall  have  the  same force and effect, and shall be  executed in the same manner,  as  a  warrant  issued  for  violation  of  parole.    7. The provisions of this chapter relating to good behavior allowances  and  conditional  release  shall  apply  to  behavior  of  inmates while  assigned to  a  residential  treatment  facility  for  behavior  on  the  premises  and  outside  the  premises of such facility and good behavior  allowances may be granted, withheld, forfeited or cancelled in whole  or  in  part  for  behavior outside the premises of the facility to the sameextent and in the same manner as is  provided  for  inmates  within  the  premises of any facility.    8. The board of parole may grant parole to any inmate of a residential  treatment  facility at any time after he becomes eligible therefor. Such  parole shall be in accordance with provisions of law that would apply if  the person were still  confined  in  the  facility  from  which  he  was  transferred, except that any personal appearance before the board may be  at any place designated by the board.    9.  The  earnings  of  any  inmate of a residential treatment facility  shall be dealt with in  accordance  with  the  procedure  set  forth  in  section eight hundred fifty-seven of this chapter.    10.  The  commissioner  of correction and the chairman of the board of  parole are authorized to enter into an agreement  for  the  use  of  any  residential  treatment  facility  as  a residence for persons who are on  parole or conditional release, and  persons  under  supervision  of  the  board  of  parole  who  reside  in  such  facility  shall  be subject to  conditions of parole or release imposed by the board.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-4 > 73

§  73.  Residential  treatment  facilities.    1. The commissioner may  transfer any inmate of a  correctional  facility  who  is  eligible  for  parole  or  who  will become eligible for parole within six months after  the date of transfer or who has one year or less remaining to be  served  under  his  sentence to a residential treatment facility and such person  may be  allowed  to  go  outside  the  facility  during  reasonable  and  necessary  hours  to  engage  in  any activity reasonably related to his  rehabilitation and in accordance with the program established  for  him.  While  outside  the  facility he shall be at all times in the custody of  the department of correction and under  the  supervision  of  the  state  division of parole.    2.   The   division  of  parole  shall  be  responsible  for  securing  appropriate education, on-the-job training and  employment  for  inmates  transferred to residential treatment facilities. The division also shall  supervise  such inmates during their participation in activities outside  any such facility and at all times  while  they  are  outside  any  such  facility.    3. Programs directed toward the rehabilitation and total reintegration  into  the  community  of  persons transferred to a residential treatment  facility shall be established jointly by the  department  of  correction  and  the  division  of  parole. Each inmate shall be assigned a specific  program by the superintendent of the facility and a  written  memorandum  of such program shall be delivered to him.    4.  If  at  any  time  the  superintendent  of a residential treatment  facility is of the opinion that any aspect of the program assigned to an  individual is inconsistent with the welfare or safety of  the  community  or  of  the facility or its inmates, the superintendent may suspend such  program or any part thereof and restrict the inmate's activities in  any  manner  that  is  necessary and appropriate. Upon taking such action the  superintendent shall promptly notify the commissioner of correction  and  pending  decision  by  the commissioner the superintendent may keep such  inmate under such security as may be necessary.    5. The commissioner may at any time and for  any  reason  transfer  an  inmate  from  a  residential  treatment facility to another correctional  facility. The chairman of the state board  of  parole  may  request  the  commissioner  of  correction  to  transfer a person out of a residential  treatment facility if at any time the chairman is of  the  opinion  that  such person should no longer be allowed to follow a program that permits  him  to  engage in activities in the community. Upon receipt of any such  request, the commissioner shall  forthwith  transfer  the  inmate  to  a  correctional facility other than a residential treatment facility.    6. Where a person who is an inmate of a residential treatment facility  absconds,  or  fails  to  return  thereto  as  specified  in the program  approved for him, he may be arrested  and  returned  by  an  officer  or  employee of the department of correction or the division of parole or by  any  peace  officer,  acting  pursuant  to his special duties, or police  officer without a warrant; or a member of the  board  of  parole  or  an  officer  of  the division of parole designated by such board may issue a  warrant for the retaking of such person. A warrant  issued  pursuant  to  this  subdivision  shall  have  the  same force and effect, and shall be  executed in the same manner,  as  a  warrant  issued  for  violation  of  parole.    7. The provisions of this chapter relating to good behavior allowances  and  conditional  release  shall  apply  to  behavior  of  inmates while  assigned to  a  residential  treatment  facility  for  behavior  on  the  premises  and  outside  the  premises of such facility and good behavior  allowances may be granted, withheld, forfeited or cancelled in whole  or  in  part  for  behavior outside the premises of the facility to the sameextent and in the same manner as is  provided  for  inmates  within  the  premises of any facility.    8. The board of parole may grant parole to any inmate of a residential  treatment  facility at any time after he becomes eligible therefor. Such  parole shall be in accordance with provisions of law that would apply if  the person were still  confined  in  the  facility  from  which  he  was  transferred, except that any personal appearance before the board may be  at any place designated by the board.    9.  The  earnings  of  any  inmate of a residential treatment facility  shall be dealt with in  accordance  with  the  procedure  set  forth  in  section eight hundred fifty-seven of this chapter.    10.  The  commissioner  of correction and the chairman of the board of  parole are authorized to enter into an agreement  for  the  use  of  any  residential  treatment  facility  as  a residence for persons who are on  parole or conditional release, and  persons  under  supervision  of  the  board  of  parole  who  reside  in  such  facility  shall  be subject to  conditions of parole or release imposed by the board.