2023 New York Laws › COR - Correction › Article 12 - Local Conditional Release Commission › 273 - Conditional Release; Procedures for Application and Determinations.

§   273.   Conditional   release;   procedures   for  application  and
determinations. 1. Any  incarcerated  individual  who  is  eligible  for
conditional  release  by  a  commission  pursuant  to subdivision two of
section 70.40 of the penal law and who has served a  minimum  period  of
sixty  days  in  a local correctional facility may apply for conditional
release.  Eligibility  criteria  shall  be   limited   to   incarcerated
individuals:
(a)  who  have  not  been  previously  convicted  and who do not stand
convicted of any crime which would  make  such  incarcerated  individual
ineligible  for  the  receipt  of  merit  time pursuant to section eight
hundred three of this chapter, any crime pursuant to article two hundred
thirty-five of the penal law when the victim of such offense  was  under
the  age  of eighteen at the time of the offense, or any crime which the
commission determines constituted a crime of domestic violence;
(b) having jail records which make them eligible for  a  reduction  of
sentence under section eight hundred four of this chapter;
(c)  having  verified  community  ties  in one of the following areas:
employment, permanent residence and family.
Application shall be made in  writing,  on  forms  prescribed  by  the
division,  to  the  commission  in  the  county  where  the sentence was
imposed.
2. The commission shall  review  and  make  a  determination  on  each
application  within  thirty  days  of  receipt  of  such application. No
determination granting or denying such application shall be valid unless
made by a majority vote of at least three commission members present. No
release shall be granted unless there is a reasonable probability  that,
if  such  incarcerated  individual is released, he or she shall live and
remain at liberty without violating the law, and that his or her release
is not incompatible with  the  welfare  of  society  and  shall  not  so
deprecate  the  seriousness  of his or her crime as to undermine respect
for law.
3. If conditional release is granted, the  commission  shall  set  the
conditions  for  release  of  the  person  in  accordance with rules and
regulations promulgated by the division. Such person shall  be  given  a
copy  of  the  conditions  of  release.  Such  conditions  shall,  where
appropriate, include a requirement  that  the  person  comply  with  any
restitution   order   previously   imposed   by  a  court  of  competent
jurisdiction that applies to the person.
4. No person  who  has  been  granted  conditional  release  shall  be
released  until such person has served a minimum period of incarceration
of ninety days, in accordance with subdivision two of section  70.40  of
the  penal  law,  and  unless  such  person has agreed in writing to the
conditions set by the commission. Such agreement shall state  in  plain,
easily understandable language the consequences of a violation of one or
more of the conditions of release.
5. Persons who have been granted conditional release by the commission
established  pursuant  to  this  article  shall,  while  on  conditional
release, be in the legal custody of the commission 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.  The  probation  department  located  in  the  jurisdiction  of  the
commission has the duty of supervising the person during the  period  of
such  conditional release. The commission shall impose a minimum of four
supervision contacts per  month  while  the  person  is  on  conditional
release,  unless  the  commission  determines  that  fewer  contacts are
appropriate in any individual case.
6. If conditional release is not granted, the commission shall  inform
the  person  in  writing  of  the factors and reasons for such denial of

conditional release within fifteen days of the  decision.  Such  reasons
shall  be  given  in  detail  and  not in conclusory terms. Incarcerated
individuals denied conditional release are  eligible  to  reapply  sixty
days after the date of the denial.