New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter XXI - Earned Eligibility Program
Part 2100 - Earned Eligibility Program
Section 2100.4 - Procedure

(a) No more than three months prior to a scheduled board hearing date at a correctional facility, the facility inmate records coordinator will transmit to the facility guidance unit a list of inmates scheduled to appear before the board. The inmate records coordinator and the guidance unit will continuously update this list until the board hearing to ensure that all eligible inmates are evaluated for certificates of earned eligibility. Simultaneously, the senior counselor responsible for earned eligibility will develop a list of all inmates eligible to be evaluated for a certificate.

(b) The guidance unit will coordinate a comprehensive evaluation of each inmate's program files and records. This evaluation shall include all files and records regarding counseling, education, occupational training, family services, ministerial services, transitional services, temporary release, alcohol and substance abuse treatment, network, special subjects, and any other appropriate programs and activities in which the inmate has participated. All other facility staff will assist and participate in conducting this evaluation as assigned or requested.

(c) Facility correction counselors will complete an earned eligibility evaluation for each eligible inmate. Counselors shall consider all available program attendance, participation and progress information as well as appropriate institutional behavior information in conducting evaluations.

(d) Evaluations shall be reviewed and signed by an assistant deputy superintendent or senior correction counselor, and by the deputy superintendent for programs.

(e) Completed evaluations will be reviewed under the auspices of the Office of Guidance and Counseling/Earned Eligibility unit. Staff conducting such reviews will consult with facility staff for clarification. Reviews will take place either at a facility or in central office.

(f) Upon the conclusion of the central office review, final determinations will be sent to the facility from the commissioner. A copy of the determination for each inmate will be placed in the inmate's guidance unit file.

(g) The facility guidance unit will provide a copy of the final determination to the facility parole office.

(h) If an inmate is issued a certificate, he shall receive written notification from the facility deputy superintendent for programs prior to his appearance before the board.

(i) If the evaluation of an inmate's files and records results in denial of a certificate, the inmate shall be notified in writing by the facility deputy superintendent for programs prior to his appearance before the board. This notification shall indicate the reasons why the inmate was denied a certificate of earned eligibility.

(j) If the evaluation of an inmate's files and records results in the granting of noncertifiable status, the inmate shall be notified in writing by the facility deputy superintendent for programs prior to his appearance before the board. This notification shall indicate the reasons why the inmate was granted noncertifiable status.