2023 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 individuals who are on community supervision
  to secure employment, educational or vocational training,  and  housing.
  Any program the department requires a person on community supervision to
  take as a condition of such supervision shall not unreasonably interfere
  with  such  person's  employment,  educational  or  vocational  training
  schedule unless such program is a residential treatment program.
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.
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.