NY Corr L § 201 (2021)
2021 New York Laws COR - Correction Article 8 - Community Supervision 201 - Authority and Responsibility for Community Supervision.

§  201. Authority and responsibility for community supervision. 1. The department shall have responsibility for the preparation of reports  and other  data required by the state board of parole in the exercise of its independent decision making functions.   2. In accordance with the provisions of this chapter,  the  department shall   supervise   incarcerated   individuals   released  to  community supervision, except that the department may consent to  the  supervision of  a  released  incarcerated  individual  by  the  United States parole commission pursuant to the witness  security  act  of  nineteen  hundred eighty-four.   3.  To  facilitate  the  supervision  of  all incarcerated individuals released to community supervision, the commissioner shall  consider  the implementation  of  a  program of graduated sanctions, including but not limited to the utilization of a risk  and  needs  assessment  instrument that  would be administered to all incarcerated individuals eligible for community supervision. Such a program would include  various  components including  approaches  that  concentrate  supervision  on  new releases, alternatives to incarceration for technical parole violators and the use of enhanced technologies.   4.  The  department  shall  conduct  such  investigations  as  may  be necessary   in   connection   with   alleged   violations  of  community supervision.   5. The department shall assist incarcerated individuals  eligible  for community  supervision and incarcerated individuals who are on community supervision to secure employment, educational  or  vocational  training, and housing.   6.  The  department  shall  have the duty to provide written notice to incarcerated individuals prior to release to  community  supervision  or pursuant  to subdivision six of section 410.91 of the criminal procedure law of any requirement to report to the office of  victim  services  any funds   of  a  convicted  person  as  defined  in  section  six  hundred thirty-two-a of the executive law, the procedure for such reporting  and any potential penalty for a failure to comply.   7.  The  department  shall  encourage  apprenticeship training of such persons through the assistance and cooperation of industrial, commercial and labor organizations.   8. The department may establish  a  community  supervision  transition program,   which   is  hereby  defined  as  community-based  residential facilities designed to aid community supervision violators to develop an increased capacity  for  adjustment  to  community  living.  Presumptive releasees,  parolees, conditional releasees and those under post-release supervision who have either (a) been found pursuant to article  twelve-B of  the executive law to have violated one or more conditions of release in an important respect, or (b) allegedly violated one or more  of  such conditions  upon a finding of probable cause at a preliminary hearing or upon the waiver  thereof  may  be  placed  in  a  community  supervision transition  facility.  Placement  in  such  a facility upon a finding of probable cause or the waiver thereof shall not preclude the conduct of a revocation hearing, nor, absent a waiver, operate to deny the releasee's right to such revocation hearing.   * 9. (a) The department shall collect a  fee  of  thirty  dollars  per month, from all persons over the age of eighteen who after the effective date  of this subdivision are supervised on presumptive release, parole, conditional release or post-release supervision.  The  department  shall waive  all  or  part  of such fee where, because of the indigence of the offender, the payment of said fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any  other  person who is dependent on such person for financial support.  (b)  The  supervision  fee  authorized  by  this subdivision shall not constitute nor be imposed as a condition of community supervision.  (c) In the event of non-payment of any fees that have not been waived, the  department  may  seek to enforce payment in any manner permitted by law for enforcement of a debt owed to the state; provided, however, such enforcement shall not include use of any private debt collection  agency or service.  (d)  Nothing  contained  in  this  subdivision  affects  or limits the provisions of section two hundred fifty-nine-mm of  the  executive  law, relating  to  out-of-state  parole  supervision.  Prior to a transfer of parole supervision to another state, the department shall eliminate  any supervision fee imposed pursuant to this subdivision. The department may collect  a fee, pursuant to this subdivision and regulations promulgated thereunder, from any person whose parole supervision is  transferred  to this state from another.  (e)  (i)  Notwithstanding  any  other  law,  rule or regulation to the contrary, and except as  provided  for  in  subparagraph  (ii)  of  this paragraph,  the supervision fee authorized by this subdivision shall not be collected by the parole officer of a person on community supervision. The  department  may  promulgate  rules  and  regulations  to  establish alternative  methods  for  payment of such supervision fee by persons on community supervision.  (ii) At any reporting location not under the dominion and  control  of the  department,  the  parole  officer  may be authorized to collect the supervision fee.   * NB Repealed September 1, 2023   10.  The  department  shall  have  the  power  to  grant  and   revoke certificates  of  relief  from  disabilities  and  certificates  of good conduct as provided for by law.   11. In any case where a person is entitled to jail time  credit  under the provisions of paragraph (c) of subdivision three of section 70.40 of the  penal law, to certify to the person in charge of the institution in which such person's sentence is being served the amount of such credit.   12. The department shall supervise all persons who  are  released  and subject  to  a regimen of strict and intensive supervision and treatment pursuant to article ten of the mental hygiene law. The department  shall issue  and  periodically  update  rules  and  regulations concerning the supervision of such persons in  consultation  with  the  office  of  sex offender management in the division of criminal justice services and the office of mental health.   13. The department shall perform such other functions as are necessary and  proper in furtherance of the objective of maintaining an effective, efficient and fair system of community supervision.   14.  The  commissioner  shall  promulgate  such  regulations  as   are necessary  and proper for the efficient performance of the functions set forth in this article. He or she shall have the  authority  to  contract with public or private agencies for the performance of the functions set forth  in  this  section  as are necessary or appropriate to promote the efficient performance of such  responsibilities,  except  the  functions defined in subdivisions one, two, four, ten and twelve of this section.   15.  The  commissioner shall provide an annual report to the temporary president of the senate, the  speaker  of  the  assembly,  the  minority leader  of  the  senate  and minority leader of the assembly, commencing January first, two thousand twelve. Such report shall include but not be limited to the number of persons: released to community supervision  and the  release  type;  supervised  on  community  supervision  during  the preceding year; whose community supervision  was  revoked;  returned  to incarceration  for  conviction  of  a  new  felony  committed  while  on  community  supervision;  transferred  out  of  state  pursuant  to   the Interstate  Compact for Adult Supervision. In addition, the commissioner shall  provide   other   available   information   regarding   community supervision to the temporary president of the senate, the speaker of the assembly,  the  minority leader of the senate and minority leader of the assembly upon request.