NY Corr L § 274 (2021)
2021 New York Laws COR - Correction Article 12 - Local Conditional Release Commission 274 - Conditional Release; Procedures for Violation, Deliquency, Warrants and Revocation.

§  274.  Conditional  release;  procedures for violation, delinquency,   warrants and revocation.  1.  If  at  any  time  during  the  period  of   conditional   release,  the  commission,  or  any  member  thereof,  has   reasonable cause to believe that a person  who  has  been  conditionally   released  has  lapsed into criminal ways or company, or has violated one   or more conditions of conditional release, the commission or such member   may declare such person delinquent and issue a  written  declaration  of   delinquency.  Upon  such declaration, such commission or such member may   issue a warrant for the retaking and temporary detention of such person.2.  A  warrant  issued  pursuant  to  this  section  shall  constitute   sufficient  authority  to  the chief administrative officer of any local   correctional facility to whom it  is  delivered  to  hold  in  temporary   detention the person named therein.3.  A  warrant  issued pursuant to this section may be executed by any   probation officer or any officer authorized to serve criminal process or   any peace officer, who is acting pursuant to his or her special  duties,   or  any  police  officer. Any such officer to whom such warrant shall be   delivered is authorized and required to execute such warrant  by  taking   such  person  and  having  him  or  her detained as provided for in this   section.4. The alleged violator shall, within five days of  the  execution  of   the  warrant,  be given written notice of the time, place and purpose of   the hearing. The notice  shall  state  what  conditions  of  conditional   release  are  alleged to have been violated and in what manner and shall   inform the alleged violator of his or her right to counsel  as  provided   for in subdivision seven of this section.5.  The  alleged  conditional release violator shall appear before the   commission within twenty days of the execution of the  warrant.  At  the   time  of  such  appearance the commission shall ask the alleged violator   whether he or she wishes to make  any  statement  with  respect  to  the   violation. If the alleged violator makes a statement, the commission may   accept it and base a decision thereon. If the commission does not accept   it, or if the alleged violator does not make a statement, the commission   shall proceed with the hearing.6.  The  commission  may  receive  any  relevant evidence. The alleged   violator may cross examine witnesses and may present evidence on his  or   her own behalf.7.  The  alleged  violator is entitled to counsel at all stages of any   proceeding under this section and the commission shall advise him or her   of such right upon delivering to the alleged  violator  written  notice,   required pursuant to subdivision four of this section.8.  At  the  conclusion  of  the hearing, the commission shall issue a   finding.  If  the  commission  is  not  satisfied  that   there   is   a   preponderance  of  evidence  in support of the violation, the commission   shall dismiss the violation, cancel delinquency and restore  the  person   to  supervision.  If  the  commission  is  satisfied  that  there  is  a   preponderance of evidence that the alleged violator violated one or more   conditions  of  conditional  release  in  an  important   respect,   the   commission shall so find.9.  Upon  a  finding  in  support of the violation, the commission may   revoke the conditional release, or continue or modify the conditions  of   such  conditional  release.  Where  the  commission  revokes  a person's   conditional release, such person shall be committed to  the  custody  of   the  chief  administrative officer of the local correctional facility to   serve the time remaining on his or  her  sentence,  in  accordance  with   subdivision  three  of  section  70.40  of  the  penal  law.  Where  the   commission modifies the  conditions  of  the  conditional  release,  the    commission  shall  inform  the  person,  in  writing,  of  such modified   conditions.10.  Any  actions  by the commission pursuant to this article shall be   deemed a judicial function and  shall  not  be  reviewable  if  done  in   accordance with law.* 11.  The commission, or any member thereof, shall not determine that   a person who has been conditionally released has  lapsed  into  criminal   ways  or  company, or has violated one or more conditions of conditional   release because such person engages in bona fide work for  an  employer,   including travel time to or from bona fide work, during curfew times set   by conditions of conditional release. For purposes of this section, bona   fide  work  is work performed as an employee for an employer, as defined   in section two of the labor law.* NB There are 2 sb 11's* 11. The commission, or any member thereof, shall not determine  that   a  person  who  has been conditionally released has lapsed into criminal   ways or company, or has violated one or more conditions  of  conditional   release because such person participated in work related labor protests,   or in a lawful labor dispute, strike or other concerted stoppage of work   or  slowdown pursuant to article twenty of the labor law or the national   labor relations act (29 U.S.C. sections 151 et. seq.).* NB There are 2 sb 11's