1. (1) The records of an inmate eligible for presumptive release under the criteria set forth in section 2200.3 of this Part shall be reviewed by facility guidance staff prior to his or her presumptive release merit eligibility date or presumptive release initial parole eligibility date.

2. (2) The inmate's program history and record will be reviewed by a senior counselor, deputy superintendent for programs, and superintendent, or their respective designees to identify any inmate whose behavior, subsequent to commitment to the department, may be regarded as inconsistent with the intent of Correction Law, sections 803(1)(d), 805 and public safety. Factors which will be viewed negatively include:

   1. (i) evidence of escape or attempted escape; and
   2. (ii) refusal to participate in the shock incarceration program.

3. (3) The following additional factors, if present, must be noted and taken into consideration by the commissioner's designee in the review of the inmate for presumptive release:

   1. (i) any recommendation from the sentencing court and/or the district attorney in response to the letter from the division of parole, pursuant to Executive Law, section 259-i, requesting a position on the possible release of the inmate to parole;
   2. (ii) any statement made to the Board of Parole by the crime victim or victim's representative, pursuant to Executive Law, section 259-i;
   3. (iii) any letter received from a sentencing court or district attorney expressing a position on the inmate's potential eligibility for, or participation in, any other department program;
   4. (iv) whether the inmate has been designated as a central monitoring case (CMC) pursuant to Part 1000 of this Title; or

   5. (v) any order of protection. If there is or was during the current term of incarceration an active order of protection, the correction counselor must attempt to obtain all available information, including, but not limited to:

      1. (a) the identification of the court which issued the order, the date the order was originally issued and whether there have been any extensions or modifications;
      2. (b) the relationship to the inmate of the person or persons covered by the order;
      3. (c) whether the inmate has ever violated or attempted to violate the order; and

      4. (d) whether the order was in any manner related to an incident of domestic violence.

         (b) Presumptive release determination.

4. (1) Presumptive release determinations shall be made by the commissioner or designee after central office review.
5. (2) The decision of the commissioner or designee to grant or withhold a presumptive release allowance is final, except as provided in paragraph (4) of this subdivision.
6. (3) The presumptive release determination notice shall be delivered to the inmate approximately one week following the commissioner or designee review.
7. (4) A presumptive release allowance may be revoked at any time prior to an inmate's release on parole if the inmate commits a serious disciplinary infraction, as defined in section 2200.3(c) of this Part, fails to continue to perform and pursue his or her assigned program plan or earned eligibility plan or if information that would have affected the central office review subsequently comes to light and indicates that the parole release decision can best be made after an appearance by the inmate before the Board of Parole.

(a) Presumptive release reviews.