Current through Register Vol. 46, No. 12, March 20, 2024
This section contains the criteria for participation in the
following short-term temporary release programs: leaves of absence, community
services programs and furlough programs.
(a) Leave of absence. Any resident may apply
for a leave of absence at any time, provided his purpose for applying fits
within the purposes for a leave of absence set out in section
179-3.4(a)
of this Subpart.
(1) Deathbed visit or funeral
attendance. One deathbed visit may be granted for each terminally ill family
member specified in section
179-3.4(a)
of this Subpart. If the resident previously has been granted an escorted visit
to said family member, an additional leave of absence will not be considered.
(i) Verification and approval.
(a) During normal business hours. Upon
receipt during normal business hours of the resident's application for a
deathbed visit, the temporary release committee chairperson shall verify the
patient's medical condition and ascertain whether death is imminent. Upon
receipt of a request to attend a funeral, the temporary release committee
chairperson shall verify the death and ascertain the dates, times and addresses
of the wake, funeral and interment. After verifying the facts underlying the
request, the temporary release committee shall meet to determine whether
approval of the application should be recommended. If the temporary release
committee recommends approval, the application shall be reviewed by the
facility director, director of temporary release programs and the director of
the division, pursuant to the procedures required by sections
179-3.7(h)-(i)
and
179-3.8 of
this Subpart.
(b) Weekends or
nights. Upon receipt on a weekend or at night of an application for a deathbed
visit or to attend a funeral, the facility director, acting facility director
or officer of the day should be contacted directly regarding the application if
the temporary release chairperson or the temporary release interviewer is not
available. In such cases, the facility director alone shall decide whether the
resident's application should be approved. The facility director's decision
regarding the application shall be reviewed by the director of temporary
release programs and the director of the division, pursuant to the procedures
required by section
179-3.8 of
this Subpart.
(ii) Field
contact. Field contact shall be made by the appropriate youth service team
worker or parole officer with the requested residence to verify the suitability
and availability of the residence for use by the youth while on temporary
release. This will be done prior to final approval of the resident's
application for a leave of absence.
(2) Medical or dental leave. Any resident may
apply for medical or dental leave at any time, provided the purposes for
applying correspond with the purposes for such leave set out in section
179-3.4(a)
of this Subpart.
(i) The temporary release
committee chairperson must complete the following steps prior to a resident
being granted a leave of absence to obtain medical or dental treatment in the
community:
(a) obtain a detailed treatment
plan delineating the expected number of visits or the length of hospital stay
required to accomplish the objective and the specific treatment to be provided;
and
(b) arrange for examination of
the resident by the facility dentist or physician, following each visit to the
outside practitioner or each hospital stay, to ascertain the youth's condition
and to ensure the treatment has been performed.
(ii) An application for medical or dental
leave shall be reviewed by the temporary release committee, the facility
director, the director of temporary release programs and the director of the
division pursuant to the procedures required by sections
179-3.7
and
179-3.8 of
this Subpart, except that the application shall be reviewed by the director of
temporary release programs and the director of the division regardless of the
temporary release committee's recommendation. The director of temporary release
programs shall obtain the recommendation of the director of the Office of
Health Services regarding the appropriateness of the request prior to
submitting the request to the director of the division.
(3) Exigent circumstances. If exigent
circumstances exist, the resident may apply directly to the facility director
for approval of a leave of absence request. The facility director alone shall
decide whether the resident's application should be approved. A written
statement of the facility director's reasons for approving or disapproving a
leave of absence under exigent circumstances shall be placed in the resident's
facility file. The facility director's decision regarding the application must
be reviewed by the director of temporary release programs and the director of
the division pursuant to the procedures required by section
179-3.8 of
this Subpart.
(4) Length of leave.
The resident will be allowed to leave the facility only for the length of time
necessary to accomplish the purposes of the leave.
(b) Community services program. A resident
may apply to participate in a community services program, provided his purpose
for applying fits within the purposes for such program set out in section
179-3.4(b)
of this Subpart. An eligible applicant may leave the facility for a period not
exceeding 14 hours in any day.
(1) Religious
services. An eligible resident may be granted the privilege of participating in
a community services program for the purpose of attending services by a
recognized religion only when the services are not available within the
facility.
(2) Volunteer work.
(i) An eligible resident may be granted the
privilege of participating in volunteer work for a nonprofit organization or
public agency (e.g., hospitals, service clubs, special community projects,
etc.) which has an established volunteer services program with a definite job
description outlining the duties and responsibilities of the volunteer. A
resident shall not be used to solicit funds, even though a given agency may use
volunteers for this purpose. Efforts should be made to avoid having a resident
volunteer replace a paid employee or otherwise fill a position that may be
occupied by a paid worker.
(ii)
Where appropriate, a volunteer may be granted permission by the facility
director to receive a uniform, meals, and reimbursement for out-of-pocket
expenses from the volunteer organization.
(iii) Arrangements must be made for
appropriate supervision of the resident in the community by either parole or
facility staff before any volunteer program application is approved.
(3) Athletic events. An eligible
resident who is physically qualified may be granted the privilege of
participating in an officially sponsored athletic event.
(c) Furlough program. An eligible resident
may be granted the privilege of leaving the premises of a facility for a period
not exceeding seven days for a furlough program, provided his purpose for
applying corresponds with the purposes set out in paragraph (2) of this
subdivision. A request for an out-of-state furlough will not be approved.
(1) Types of furlough.
(i) One-day furlough. A one-day furlough
allows the resident to leave the facility for up to 14 hours in any 24-hour
period.
(ii) Extended furlough. An
extended furlough allows a resident to leave the facility for more than one day
but not more than seven days.
(2) Furlough purposes. A furlough may be
granted for one or more of the following purposes only:
(i) Family-tie furlough. A family-tie
furlough is for the purpose of solving family problems and/or maintaining
family ties.
(a) An approved residence is
required for a one-day or an extended family-tie furlough. The residence must
be with one of the following:
(1) blood
relative;
(2) verifiable
guardian;
(3) spouse; or
(4) common-law spouse where the relationship
existed for more than one year before imposition of the resident's
sentence.
(b) Furlough
of two residents to the same residence at the same time must be approved by the
director of the temporary release programs. The temporary release committee
chairperson shall inquire of the resident to be furloughed whether anyone else
will be furloughed simultaneously to that address.
(c) Field contact. Field contact shall be
made with the requested residence to verify the suitability and availability of
the residence for use by the youth while on temporary release. This will be
done prior to final approval of a resident's application for a
furlough.
(ii) Job
search furlough or post-release housing furlough. A job search furlough is for
the purpose of seeking employment in preparation for the resident's parole or
release to the community. A post-release housing furlough is for the purpose of
seeking housing in preparation for the resident's parole or release to the
community. The processing of a job search or post-release housing furlough
request shall be coordinated with the resident's parole or release plans made
through the assigned parole office.
(a) A
resident must be within 120 days of a parole release board or conditional
release date to apply for, and within 90 days of a parole release board or
conditional release date to participate in, a job search or post-release
housing furlough.
(b) There is no
residence requirement for a one-day furlough.
(c) For an extended furlough, a resident must
meet the same residence requirements listed for a family-tie furlough in clause
(i)(a) of this paragraph.
(d) An
approved transient location may be used for a resident with no approved
family-tie residence only if the location of the job or housing search is too
distant from the facility to require return in the same day.
(iii) Short-term educational
course furlough. A short-term educational course furlough may be granted for
the purpose of attending a short-term educational or vocational training course
or program or for satisfying the criteria for entrance to an educational
institution, such as taking an entrance examination or attending a required
orientation session. A short-term educational furlough may be for one day or an
extended furlough may be allowed. A resident participating in an extended
short-term educational furlough may stay in an approved transient
location.
(3) Furlough
timing. A resident may not take:
(i) more
than 28 furlough days in any furlough year;
(ii) more than 14 furlough days in the first
six months of any furlough year;
(iii) more than seven furlough days in any
28-day period; or
(iv) a furlough
longer than seven days.
The furlough year starts on the day a resident begins his
first furlough program and ends 365/366 days later. If the timing of the
application does not conform to these requirements, the application may be
deferred from immediate consideration by the temporary release
committee.
(4)
Finances. A resident may be required to bear the expenses related to his
furlough. The facility director shall make such a determination.