NY Corr L § 272 (2021)
2021 New York Laws COR - Correction Article 12 - Local Conditional Release Commission 272 - Local Conditional Release Commission; Function, Powers and Duties.

§  272.  Local  conditional  release  commission; function, powers and   duties. The commission shall:1. have the power and duty  of  determining  which  persons  sentenced   within  the  county,  or  the  city  of New York, and serving a definite   sentence of imprisonment and eligible for conditional  release  pursuant   to  subdivision two of section 70.40 of the penal law may be released on   conditional release and when and under  what  conditions  in  accordance   with section two hundred seventy-three of this article;2.  have  the  power  to  determine,  as  each incarcerated individual   applies for conditional release, the need for supplemental investigation   of the  background  of  such  incarcerated  individual  and  cause  such   investigation as may be necessary to be made as soon as practicable. The   commission  may  require  that  the  probation department located in the   jurisdiction of the commission conduct such supplemental  investigation.   The  results  of  such investigation together with all other information   compiled by the local correctional facility and  the  complete  criminal   record  and family court record of such incarcerated individual shall be   readily available when the  conditional  release  of  such  incarcerated   individual  is  being  considered.  Such  information  shall  include  a   complete statement of the crime for which  the  incarcerated  individual   has  been  sentenced,  the  circumstances of such crime, all presentence   memoranda,  the  nature  of  the  sentence,  the  court  in  which  such   incarcerated  individual  was  sentenced,  the  name  of  the  judge and   district attorney and copies of such probation reports as may have  been   made  as  well  as  reports  as to the incarcerated individual's social,   physical, mental and psychiatric condition and history;3. have the legal custody of persons conditionally released and placed   under the supervision of the local probation department for a period  of   one  year,  or  until  returned to the custody of the local correctional   facility located in the jurisdiction of the commission, as the case  may   be;4.  have  the power to revoke the conditional release of any person in   the legal custody  of  the  commission  and  to  issue  declarations  of   delinquency  and authorize the issuance of a warrant for the retaking of   such person, as provided for in section two hundred seventy-four of this   article;5. for the purpose of any investigation necessary in  the  performance   of  its  duties,  have  the  power  to  issue  subpoenas,  to compel the   attendance of witnesses and the production of books, papers,  and  other   documents  pertinent  to  the subject of its inquiry. The minutes of all   commission meetings must be recorded and such records shall be  retained   according to applicable standards;6. have the power to authorize any members thereof to administer oaths   and take the testimony of persons under oath;7.  notify,  in  writing,  the  initial sentencing court, the district   attorney and defense counsel within five business days of receipt of  an   application for a local conditional release filed under this article and   provide  a  fifteen day period for comment on such application. Comments   submitted under this subdivision shall be provided to the commission and   all parties;8. notify in writing the appropriate local probation department  prior   to  release  of  a  conditionally  released  person of such department's   responsibilities to supervise such person;Such notice shall include the name and residence of  the  person,  the   date  of  release,  the conditions of release, and all necessary records   maintained on such person to aid the local probation department  in  the   performance  of  its  responsibilities  pursuant  to  subdivision six of   section two hundred fifty-six of the executive law; 9.  have  the  power  to  transfer  the  legal  custody   of   persons   conditionally  released in accordance with the provisions of section two   hundred seventy-five of this article;10. present an annual report to the county legislature, or in the case   of  the  city  of  New  York,  to  the city council, of its findings and   actions on submitted applications.