Current through Register Vol. 46, No. 12, March 20, 2024
An inmate must satisfy all of the criteria set forth in
subdivisions (a) through (d) of this section to be eligible for an LCTA
benefit.
(a) Eligibility by crime. An
inmate is eligible for an LCTA benefit if:
(1) he or she IS NOT serving a sentence for
murder in the first degree;
(2) he
or she IS NOT serving a sentence for an offense defined in article 130 of the
Penal Law;
(3) he or she IS NOT
serving a sentence for an attempt or conspiracy to commit such offense;
and
(4) he or she IS serving an
indeterminate sentence fora non-drug A-I felony, such as murder in the second
degree;
(5) he or she IS serving a
determinate or indeterminate sentence for a violent felony offense as defined
in subdivision 1of Penal Law section 70.02; or
(6) he or she IS serving a determinate or
indeterminate sentence for an offense defined in article 125 of the Penal
Law.
(b) To be eligible.
An inmate cannot have committed a "serious disciplinary infraction" or
"maintained an overall poor institutional record" during the current term of
incarceration. This means that an inmate cannot have received a recommended
loss of good time sanction within the five year period preceding the LCTA date.
Inmates serving maximum life terms will be considered reviewable when there are
no recommended loss of good time sanctions within the five years prior to the
review date, rather than within the five years prior to their LCTA date. Any
recommended loss of good time that occurred earlier will be separately reviewed
by the facility LCTA committee. Furthermore, an inmate's overall disciplinary
history will be subject to review relative to date, substance and number of
incidents.
(c) Frivolous lawsuit.
An inmate must not have filed an action, proceeding or claim against a State
agency officer or employee that was found to be frivolous pursuant to:
(1) section 8303 of the Civil Practice Law
and Rules; or
(2) Rule 11 of the
Federal Rules of Civil Practice.
(d) Program criteria. An inmate must be
successfully pursuing his or her most recent recommended Earned Eligibility
Plan(EEP)/Program Plan and must complete at least one of the nine significant
program accomplishments listed below during the current term of incarceration.
Programming standards for LCTA are consistent with those applied to earned
eligibility, merit time and presumptive release reviews, whereas, if an inmate
is removed from a recommended program due to unsatisfactory program efforts or
due to discipline, he or she must return to that program and establish a period
of successful program effort in order to be considered for LCTA.
(1) A minimum of two years successful
participation in college programming. College participation is defined as two
years cumulative participation in an institution of higher education that is
accredited, provides transcripts, credit-bearing courses that can lead to a
degree or certificate and are transferrable to other institutions of higher
learning. The LCTA College criteria will be satisfied if at least one of the
following two criteria is accomplished:
(i)
Successful completion of an Associates or Bachelors Degree from an accredited
college while serving the current term of incarceration;
(ii) two years cumulative participation in an
accredited college program during the current term of incarceration; having
earned a minimum of 24 credits and having participated in college for a minimum
of four semesters.
(2) A
Masters of Professional Studies degree issued at Sing Sing Correctional
Facility. Successful completion of the Masters of Professional Studies Program
(New York Theological Seminary) at Sing Sing Correctional Facility.
(3) A minimum of two years successful
participation as an Inmate Program Associate (IPA). The IPA must have completed
the inmate program associate training and have served for two years atone
module a day consecutively * in the IPA title during this term or an aggregate
consisting of consecutive time in a retired title and the IPA title. Or, the
IPA must have completed the Inmate Program Associate Training and have served
for two years at one module a day consecutively * in one of the following
retired titles, prior to September, 2011, during this term:
(i) Academic Teacher Aide;
(ii) Vocational Teacher Aide;
(iii) Chaplain Aide;
(iv) Program Aide II;
(v) Transitional Services Director;
(vi) Casework Supervisor;
(vii) ART/Transitional Services
Facilitator;
(viii) HIV/AIDS Peer
Educators;
*The exceptions to the consecutive criteria involve the
following: Inmates were removed from the program:
(a) to complete a recommended program for
EEP/Program Plan purposes, or
(b)
due to a break in assignment through no fault of their own, e.g., transfer,
court trip, program reduction, or closure AND go on to participate for a total
of two years at one module a day in a retired title or in the Inmate Program
Associate title during this term. An IPA who does not hold an IPA position for
more than one year, or has had a break in service of one year or greater, or
has an unsuitable disciplinary record as specified in the IPA Policy and
Procedure Handbook, will be required to be rescreened for participation and
repeat the full IPA training program.
(4) Certification for the New York State
Department of Labor for successful participation in an apprenticeship program.
Attainment of a New York State Department of Labor apprenticeship certification
during this term.
(5) A minimum of
two years successful work as an Inmate Hospice Aide. Hospice Aides must have
completed a Hospice Aide training program and have served in the capacity of a
Hospice Aide for two consecutive years.*
*The exceptions to the consecutive criteria involve the
following. Inmates were removed from the program:
(a) to complete a recommended program for
EEP/Program Plan purposes, or
(b)
due to a break in assignment through no fault of their own, e.g., transfer,
court trip, program reduction or closure.
(6) A minimum of two years successful
participation in the Puppies Behind Bars Program.
An inmate must have participated in the Puppies Behind Bars
Program for a minimum of 24 months as a puppy handler or alternate puppy
handler AND earned job title 875Dog Trainer.
(7) Successfully worked in the Division of
Correctional Industries Optical Program for a minimum of two years and received
a certification as an optician from the American Board of Opticianry.
Successfully completed vocational training and worked in
various areas of fabrication for a minimum of two years. Must have taken and
passed the American Board of Opticianry exam for certification.
(8) Received an asbestos handling
certificate from the Department of Labor and a minimum of 18 months work in the
Division of Correctional Industries Asbestos Abatement Program as a Hazardous
Materials Removal Worker or a Hazardous Materials Removal Group Leader.
Successfully completed a 32-hour training program to earn
an asbestos handling certificate from the Department of Labor. Upon completion
of the training program, successfully worked in the title of either Hazardous
Materials Removal worker or a Hazardous Materials Removal Group Leader for a
minimum of 18 months.
(9)
Successfully completed the course curriculum and passed the minimum competency
screening process performance exam for Sign Language Interpreter and a minimum
of one year of work as a Sign Language Interpreter for deaf inmates.
Successfully completed the course curriculum of Signing
Naturally Level I and II. Must have taken and passed the course exams with a
score of 80 percent or better. Must have taken and passed the Minimum
Competency Screening Process (MCSP) exam and earned a MCSP certificate. Upon
receipt of the MCSP certificate, must have successfully worked as a Sign
Language Interpreter for a minimum of one year.
