Current through Register Vol. 46, No. 12, March 20, 2024
(a) Notice to the
superintendent.
(1) To ensure mutual
agreement, the inmate and the intended spouse shall write to the superintendent
expressing an intent to marry.
(2)
The notices are to be recorded and filed in the inmate's guidance
file.
(3) The superintendent shall
designate a n offender rehabilitation coordinator to be responsible for
processing the request, interviewing the inmate and intended spouse, and
ensuring that the inmate has a valid marriage license and that administrative
requirements have been fulfilled.
(b) Offender rehabilitation coordinator's
interviews.
(1) The offender rehabilitation
coordinator shall conduct an initial interview with the inmate to explain the
entire marriage procedure, emphasizing that while the department will assist
the inmate, the primary responsibility for making all arrangements and securing
the necessary documents rests with the inmate and the intended spouse.
(2) The offender rehabilitation
coordinator shall explain that the temporary release program and the family
reunion program operate independently of the marriage process and any
applications or arrangements for those programs are likewise the responsibility
of the inmate. An inmate who wishes to be married while on temporary release
must conform to the procedures delineated in Subchapter A of Chapter XII of
this Title. NOTE: For family reunion program purposes, legal spouses must be
married for at least 12(twelve) months prior to submitting a family reunion
program application; and both parties can not be himself/herself a resident of
a New York State correctional facility.
(3) The offender rehabilitation coordinator
shall examine the inmate's entire folder, including the presentence report,
paying particular attention to information which may present legal impediments
to a marriage (e.g., the existence of a previous marriage).
(4) Subsequently, the offender rehabilitation
coordinator shall interview the intended spouse at the facility to explain the
marriage process and the complications imposed by the inmate's confinement in a
correctional facility. In the course of this interview, the offender
rehabilitation coordinator should advise the intended spouse to discuss with
the inmate the circumstances surrounding his/her incarceration. The offender
rehabilitation coordinator shall inform the intended spouse of the inmate's
parole eligibility date, conditional release date, and maximum expiration of
sentence date.
(5) If the intended
spouse refuses to participate in the offender rehabilitation coordinator's
interview, the offender rehabilitation coordinator shall explain that the
interview is a part of the total procedure for processing marriage requests.
The participation of the intended spouse shall be encouraged; however, a
refusal to participate shall not be grounds for disallowing the
marriage.
(d) Application for marriage
license.
(1) The inmate and the intended
spouse must appear before a town, city or county clerk to apply for a marriage
license. A marriage license is valid for 60 days from the date of
validation.
(2) In some facilities,
an official at the facility is designated a town clerk. In such cases, this
person shall receive the application for the marriage license.
(3) At other facilities, the offender
rehabilitation coordinator or head clerk shall make every effort to get the
local town, city or county clerk to either visit the facility or to designate a
deputy in the facility community for the completion of the license application
form.
(4) An inmate may choose to
coordinate the application for a marriage license with a scheduled temporary
release application if eligible under the guidelines of the temporary release
program. The inmate must, however, conform to all the requirements of this
directive, including but not limited to prior notification to the
superintendent and participation in counseling.
(5) Under no circumstances will an inmate be
allowed to proceed to the town, city or county clerk's office under escort by
department personnel.
(6) The
responsibility to determine whether a marriage can be contracted under the law
rests with the town, city or county clerk. The license-issuing agency reviews
competency and questions both parties regarding the legal dissolution of prior
marriages.
(e)
Solemnization of the marriage.
(1) A
marriage, whether it takes place in the facility or in the community, must be
solemnized by either:
(i) a clergyperson or
minister of any religion or a leader of the Society for Ethical Culture
licensed to perform marriages in New York State;
(ii) a justice or judge of a court of record
or a municipal court, or a police justice of a village or town; or
(iii) others as indicated in the Domestic
Relations Law.
(2) If
the marriage ceremony takes place within the facility , the inmate and the
intended spouse may select two individuals to serve as witnesses, e.g.,
employees who are willing, inmates, relatives or friends.
(3) The ceremony will be limited to the
participating partners, the official solemnizer and two witnesses who may be
selected according to the inmate's wishes.
(4) If the marriage is to be solemnized in
the facility by some one other than the facility chaplain, the assigned
offender rehabilitation coordinator should assist the inmate in recruiting the
clergyman, minister, or civil official chosen to perform the ceremony.
(5) if the facility chaplain
officiates at the ceremony, he or she may not accept any fee or
honorarium.
(6) There must be an
interval of 24 hours between the date that the marriage license is issued and
the date of the marriage ceremony (Domestic Relations Law, section
13-b ).
(f) Responsibility for expense incurred. The
marriage license fee and other expenses incurred for solemnization of the
marriage shall be the responsibility of the inmate and the intended
spouse.
(g) The offender
rehabilitation coordinator assigned will notify the superintendent in writing
upon completion of the solemnization of the marriage providing the information
required in subdivision (i) of this section.
(h) Notification of marriage to central
office. By the Monday of the last full week of the month, the Director of
Ministerial and Family Services shall be advised in writing, by the
superintendent, of the various facts concerning the marriage ceremony (i.e.,
names and addresses of partners, date of ceremony, name and address of church,
witnesses and officiating chaplain, clergyperson or civil official).