N.Y. Comp. Codes R. & Regs. tit. 7, § 1904.2 – Removal procedure.

(a) Any facility employee of the Department of Correctional Services or the Division of Parole who is assigned to the facility where the inmate is confined and who has knowledge of an inmate's unsatisfactory adjustment may file a written statement to the chairperson of the temporary release committee requesting that the committee review the inmate's adjustment to the Temporary Release Program. Upon completion of its review, the committee will forward a recommendation regarding the inmate's continued participation to the facility superintendent.
(b) If a temporary release inmate violates any provision of the program, or any rule or regulation promulgated by the commissioner for conduct of inmates participating in temporary release programs, such inmate shall be subject to disciplinary measures to the same extent as if he or she violated a rule or regulation of the commissioner for conduct of inmates confined in a general confinement facility.
(c) An inmate who is considered a security risk may be immediately transferred to a more secure correctional facility prior to the initiation of disciplinary proceedings or an appearance before the temporary release committee if:
1. (1) he is violent;
2. (2) he presents a danger to himself, to others, to property or to facility security;
3. (3) there is an immediate threat to his safety;
4. (4) there is reasonable cause to believe that he may try to abscond; or
5. (5) the inmate has been arrested.
(d) An inmate may be transferred to another correctional facility for medical purposes prior to an evaluation by the temporary release committee.
(e) A transfer order to move an inmate out of a work release facility shall be obtained from the director of the temporary release program.
(f) Upon completion of Tier I and II hearings, the hearing officer may refer the case to the temporary release committee for review. All Tier III hearings however must be referred to the temporary release committee by the hearing officer for review. The hearing officer may not impose as a penalty removal from the temporary release program. Only the temporary release committee can remove an inmate from the program. Regardless of the outcome of any disciplinary hearing, the temporary release committee retains the right to review an inmate's behavior and remove the inmate from the program based on the factors delineated in section 1904.1(b) of this Part. If the temporary release committee does conduct a review of an inmate's program adjustment, the temporary release committee must submit a recommendation to the superintendent concerning the inmate's continued participation in the temporary release program.
(g) The temporary release committee may not use a misbehavior report as a basis for recommending that an inmate be removed from the temporary release program when the violation has not been sustained.
(h) When the temporary release committee is reviewing an inmate’s appropriateness for continued participation in a temporary release program, the temporary release committee shall conduct a full hearing to ensure that the inmate has been afforded due process. The following procedures are to be followed:
1. (1) An inmate should be provided with a notice of specific reasons for the referral at least 24 hours prior to the temporary release committee meeting. A non-English speaking inmate who cannot read and understand English must be given a translated notice and a translator shall be present at the hearing.
2. (2) The inmate shall make a personal appearance before a temporary release committee unless he or she refuses to attend, or is excluded for reasons of institutional safety or correctional goals.
3. (3) An electronic recording of the entire hearing shall be made.
4. (4) An opportunity for an inmate to request an inmate assistant if the inmate is illiterate, non-English speaking, the issues are complex, the inmate is “keeplocked” or in SHU and unable to prepare a defense, or the inmate is sensorially disabled (in which case the inmate will be provided reasonable accommodations including, but not limited to, the provision of a qualified sign language interpreter for a deaf and hard-of-hearing inmate who uses sign language to communicate).
5. (5) An opportunity for the inmate to call witnesses and to proffer questions to be asked of witnesses called.
6. (6) An opportunity to reply and produce documentary evidence.
7. (7) A written statement setting forth the decision and the evidence relied on, following the superintendent's review of the temporary release committee's recommendation. A non-English-speaking inmate who cannot read and understand English must be given a translated statement.
8. (8) Form 4187 must then be completed and a copy kept on file.
(i) The superintendent shall either approve or disapprove a recommendation made by the temporary release committee. If the superintendent disapproves a temporary release committee recommendation, he/she shall submit a written statement to the temporary release committee.
(j) Where the superintendent revokes an inmate’s privilege to participate in the temporary release program, he will immediately decide whether or not the inmate’s removal from the temporary release committee makes him unsuitable to remain at his present facility. If the superintendent determines that the inmate should not remain at his present facility, he shall contact the director of the temporary release program to obtain a transfer order to a more secure facility.
(k) When a superintendent revokes an inmate's privilege to participate in the temporary release program, he will immediately advise the chairperson of the temporary release committee. The chairperson of the temporary release committee will forward to the inmate a written statement briefly advising the inmate that the superintendent has ordered him removed from the temporary release program and stating the reasons why the temporary release committee recommends that the action be taken. This statement should be forwarded to the inmate within a week of his removal. Copies of this statement should be forwarded to the guidance unit and parole officer at any institution where the inmate has been transferred.