2023 New York Laws › EXC - Executive › Article 12-B - State Board of Parole › 259-I - Procedures for the Conduct of the Work of the State Board of Parole.

§ 259-i. Procedures  for the conduct of the work of the state board of
parole.
2. Parole. * (a) (i) Except as provided in subparagraph (ii)  of  this
paragraph, at least one month prior to the date on which an incarcerated
individual  may  be paroled pursuant to subdivision one of section 70.40
of the penal law, a member or members as determined by the rules of  the
board  shall  personally  interview  such  incarcerated  individual  and
determine whether he or she should be paroled  in  accordance  with  the
guidelines  adopted  pursuant to subdivision four of section two hundred
fifty-nine-c of this article. If parole is not granted upon such review,
the incarcerated individual shall be  informed  in  writing  within  two
weeks  of  such appearance of the factors and reasons for such denial of
parole. Such reasons shall be given in  detail  and  not  in  conclusory
terms.  The  board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the  procedures  to  be
followed  upon  reconsideration  shall  be the same. If the incarcerated
individual is released,  he  or  she  shall  be  given  a  copy  of  the
conditions of parole. Such conditions shall where appropriate, include a
requirement   that  the  parolee  comply  with  any  restitution  order,
mandatory surcharge, sex offender registration fee and DNA databank  fee
previously  imposed by a court of competent jurisdiction that applies to
the parolee. The conditions shall indicate which restitution  collection
agency  established  under  subdivision  eight  of section 420.10 of the
criminal  procedure  law,  shall  be  responsible  for   collection   of
restitution, mandatory surcharge, sex offender registration fees and DNA
databank  fees  as  provided  for  in section 60.35 of the penal law and
section eighteen hundred nine of the vehicle and  traffic  law.  If  the
incarcerated individual is released, he or she shall also be notified in
writing that his or her voting rights will be restored upon release.
(ii)  Any  incarcerated  individual  who  is scheduled for presumptive
release pursuant to section eight hundred  six  of  the  correction  law
shall  not  appear  before  the board as provided in subparagraph (i) of
this  paragraph  unless   such   incarcerated   individual's   scheduled
presumptive release is forfeited, canceled, or rescinded subsequently as
provided  in  such law. In such event, the incarcerated individual shall
appear before  the  board  for  release  consideration  as  provided  in
subparagraph (i) of this paragraph as soon thereafter as is practicable.
* NB Effective until September 1, 2025
* (a) At least one month prior to the expiration of the minimum period
or  periods  of  imprisonment  fixed  by the court or board, a member or
members as determined  by  the  rules  of  the  board  shall  personally
interview  an  incarcerated individual serving an indeterminate sentence
and determine whether he or she should be paroled at the  expiration  of
the  minimum period or periods in accordance with the procedures adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon  such  review,  the  incarcerated
individual  shall  be  informed  in  writing  within  two  weeks of such
appearance of the factors and reasons for such denial  of  parole.  Such
reasons  shall be given in detail and not in conclusory terms. The board
shall specify  a  date  not  more  than  twenty-four  months  from  such
determination  for  reconsideration,  and  the procedures to be followed
upon reconsideration shall be the same. If the  incarcerated  individual
is  released,  he  or  she  shall  be  given a copy of the conditions of
parole. Such conditions shall where appropriate, include  a  requirement
that  the  parolee  comply  with  any  restitution  order  and mandatory
surcharge previously imposed by a court of competent  jurisdiction  that
applies  to the parolee. The conditions shall indicate which restitution
collection agency established under subdivision eight of section  420.10

of  the  criminal  procedure law, shall be responsible for collection of
restitution and mandatory surcharge as provided for in section 60.35  of
the  penal  law  and  section  eighteen  hundred nine of the vehicle and
traffic law. If the incarcerated individual is released, he or she shall
also  be  notified  in  writing  that  his  or her voting rights will be
restored upon release.
* NB Effective September 1, 2025
(b) Persons presumptively released, paroled, conditionally released or
released to post-release  supervision  from  an  institution  under  the
jurisdiction  of the department, the department of mental hygiene or the
office of children and  family  services  shall,  while  on  presumptive
release,  parole, conditional release or post-release supervision, be in
the legal custody of the department until expiration of the maximum term
or period of sentence, or  expiration  of  the  period  of  supervision,
including   any   period  of  post-release  supervision,  or  return  to
imprisonment in the custody of the department, as the case may be.
(c) (A) Discretionary release on parole shall not be granted merely as
a reward for good conduct  or  efficient  performance  of  duties  while
confined  but  after  considering  if  there is a reasonable probability
that, if such incarcerated individual is released, he or she  will  live
and  remain  at  liberty  without violating the law, and that his or her
release is not incompatible with the welfare of society and will not  so
deprecate  the  seriousness  of his or her crime as to undermine respect
for law. In making the parole release decision, the  procedures  adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article  shall  require  that  the  following  be  considered:  (i)  the
institutional  record  including  program  goals  and   accomplishments,
academic   achievements,   vocational   education,   training   or  work
assignments,  therapy  and  interactions  with  staff  and  incarcerated
individuals;  (ii)  performance, if any, as a participant in a temporary
release program; (iii)  release  plans  including  community  resources,
employment, education and training and support services available to the
incarcerated  individual;  (iv)  any  deportation  order  issued  by the
federal government against the  incarcerated  individual  while  in  the
custody  of  the department and any recommendation regarding deportation
made by the commissioner of  the  department  pursuant  to  section  one
hundred  forty-seven  of  the  correction  law; (v) any current or prior
statement made to  the  board  by  the  crime  victim  or  the  victim's
representative,  where  the  crime  victim is deceased or is mentally or
physically incapacitated; (vi) the length of the determinate sentence to
which the incarcerated  individual  would  be  subject  had  he  or  she
received  a  sentence  pursuant to section 70.70 or section 70.71 of the
penal law for a felony defined in article two hundred twenty or  article
two  hundred  twenty-one  of the penal law; (vii) the seriousness of the
offense with due consideration  to  the  type  of  sentence,  length  of
sentence  and  recommendations  of  the  sentencing  court, the district
attorney, the attorney for the incarcerated individual, the pre-sentence
probation  report  as  well  as  consideration  of  any  mitigating  and
aggravating   factors,   and   activities   following  arrest  prior  to
confinement; and (viii) prior criminal record, including the nature  and
pattern  of  offenses,  adjustment  to  any previous probation or parole
supervision and institutional confinement. The board shall provide  toll
free  telephone  access  for  crime  victims.  In  the  case  of an oral
statement made in accordance with subdivision one of section  440.50  of
the  criminal  procedure  law,  the  parole board member shall present a
written report of the statement to the parole board.  A  crime  victim's
representative shall mean the crime victim's closest surviving relative,
the committee or guardian of such person, or the legal representative of

any  such  person.  Such  statement  submitted by the victim or victim's
representative  may  include  information  concerning   threatening   or
intimidating  conduct toward the victim, the victim's representative, or
the  victim's  family,  made by the person sentenced and occurring after
the sentencing. Such information may include, but need  not  be  limited
to,  the  threatening or intimidating conduct of any other person who or
which is directed by the person sentenced. Any statement by a victim  or
the victim's representative made to the board shall be maintained by the
department  in  the  file  provided  to  the board when interviewing the
incarcerated  individual  in  consideration  of  release.  A  victim  or
victim's  representative  who  has  submitted  a  written request to the
department for the transcript of such interview shall be  provided  such
transcript as soon as it becomes available.
(B)  Where  a  crime  victim  or victim's representative as defined in
subparagraph (A) of this paragraph,  or  other  person  submits  to  the
parole   board   a  written  statement  concerning  the  release  of  an
incarcerated individual, the parole board shall keep  that  individual's
name and address confidential.
(d)  (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)
of this subdivision, after the incarcerated individual has served his or
her minimum period of imprisonment imposed by the court, or at any  time
after the incarcerated individual's period of imprisonment has commenced
for  an  incarcerated  individual serving a determinate or indeterminate
term of imprisonment, provided that the incarcerated individual has  had
a  final  order  of  deportation  issued against him or her and provided
further that the incarcerated individual is not convicted of  either  an
A-I  felony  offense  other  than  an  A-I  felony offense as defined in
article two hundred twenty of the penal law or a violent felony  offense
as  defined  in  section  70.02  of  the  penal law, if the incarcerated
individual is subject to deportation by  the  United  States  Bureau  of
Immigration  and  Customs  Enforcement,  in addition to the criteria set
forth in paragraph (c) of this subdivision, the board may consider, as a
factor warranting earlier  release,  the  fact  that  such  incarcerated
individual  will be deported, and may grant parole from an indeterminate
sentence or release for deportation from a determinate sentence to  such
incarcerated  individual  conditioned  specifically on his or her prompt
deportation. The board may make such conditional grant of  early  parole
from  an  indeterminate  sentence  or  release  for  deportation  from a
determinate sentence only where it has received from the  United  States
Bureau  of  Immigration  and  Customs  Enforcement assurance (A) that an
order of deportation will be executed or that proceedings will  promptly
be  commenced  for  the  purpose  of  deportation  upon  release  of the
incarcerated  individual  from  the  custody  of   the   department   of
correctional  services,  and  (B)  that  the incarcerated individual, if
granted parole or release for deportation pursuant  to  this  paragraph,
will  not  be  released  from the custody of the United States Bureau of
Immigration and Customs Enforcement, unless such release be as a  result
of  deportation  without providing the board a reasonable opportunity to
arrange for execution of its warrant for the retaking of such person.
(ii) An incarcerated individual who has been granted  parole  from  an
indeterminate  sentence  or  release  for deportation from a determinate
sentence pursuant to this paragraph shall be delivered to the custody of
the United States Bureau of Immigration and  Customs  Enforcement  along
with  the  board's warrant for his or her retaking to be executed in the
event of his release from such custody other than by deportation. In the
event that such person is not deported,  the  board  shall  execute  the
warrant,  effect  his  return  to  imprisonment  in  the  custody of the
department and within sixty days after such return,  provided  that  the

person  is  serving  an indeterminate sentence and the minimum period of
imprisonment has  been  served,  personally  interview  him  or  her  to
determine  whether  he  or  she should be paroled in accordance with the
provisions  of  paragraphs  (a),  (b)  and  (c) of this subdivision. The
return of a person granted parole  from  an  indeterminate  sentence  or
release  for  deportation  from  a determinate sentence pursuant to this
paragraph for the reason set forth herein shall not be deemed  to  be  a
parole  delinquency and the interruptions specified in subdivision three
of section 70.40 of the penal law shall not apply, but the time spent in
the custody of the United  States  Bureau  of  Immigration  and  Customs
Enforcement  shall  be  credited  against  the  term  of the sentence in
accordance  with  the  rules  specified  in  paragraph   (c)   of   that
subdivision.   Notwithstanding   any   other   provision   of  law,  any
incarcerated individual granted parole from an indeterminate sentence or
release for deportation from a determinate  sentence  pursuant  to  this
paragraph  who  is subsequently committed to imprisonment in the custody
of the department for a felony offense committed after release  pursuant
to  this  paragraph  shall  have  his  parole  eligibility  date  on the
indeterminate sentence for  the  new  felony  offense,  or  his  or  her
conditional  release date on the determinate sentence for the new felony
offense, as the case may be, extended by the amount of time between  the
date   on   which   such   incarcerated  individual  was  released  from
imprisonment in the custody of the department pursuant to this paragraph
and the date on which such incarcerated individual would otherwise  have
completed  service  of  the  minimum period of imprisonment on the prior
felony offense.
(e)  Notwithstanding  the  requirements  of  paragraph  (a)  of   this
subdivision,  the determination to parole an incarcerated individual who
has successfully completed the shock incarceration program  pursuant  to
section  eight  hundred  sixty-seven  of  the correction law may be made
without a personal interview of the incarcerated individual and shall be
made in accordance with procedures set forth in the rules of the  board.
If  parole is not granted, the time period for reconsideration shall not
exceed the court imposed minimum.
3. Revocation of presumptive release, parole, conditional release  and
post-release supervision. (a) (i) If the parole officer having charge of
a  presumptively released, paroled or conditionally released person or a
person released to post-release supervision or a person  received  under
the uniform act for out-of-state parolee supervision shall have probable
cause  to  believe that such person has committed a technical violation,
such parole officer shall report such fact to a member of the board,  or
to  any officer of the department designated by the board, and thereupon
a written notice of violation may be issued according to  the  terms  of
subparagraph  (iii)  of  paragraph (c) of this subdivision, and shall be
promptly served upon such person. If the releasee has failed  to  appear
as  directed  in  response  to  a  notice of violation and has failed to
appear voluntarily within forty-eight hours  after  such  time  and  the
person  would be subject to incarceration pursuant to subparagraph (xii)
of paragraph (f) of this subdivision should the violation  be  sustained
at  a final revocation hearing, a warrant may be issued for the retaking
of such person and for his temporary detention  pending  a  recognizance
hearing  in  accordance  with  the rules of the board. If the person has
intentionally failed to appear as directed in response to  a  notice  of
violation  and  has  intentionally  failed  to appear voluntarily within
forty-eight hours after such time and the person would not be subject to
incarceration pursuant to paragraph (f) of this subdivision  should  the
violation  be  sustained at a final revocation hearing, no warrant shall
issue and the violation  shall  be  deemed  sustained.  Notice  of  that

decision  shall  be  promptly  served  upon  the releasee. In such case,
within one month of the date the notice of decision was served upon  the
releasee,  the releasee may move to vacate such a sustained violation if
the releasee can show by a preponderance of the evidence that the notice
of  violation  was  not  properly  served  or  the failure to appear was
otherwise excusable. If the parole officer having  charge  of  a  person
under  community  supervision  shall have probable cause to believe that
such person has committed a non-technical violation, such parole officer
shall report such fact to a member of the board, or to  any  officer  of
the  department  designated  by  the  board,  and  thereupon a notice of
violation may be issued or a warrant may be issued for the  retaking  of
such person and for his temporary detention in accordance with the rules
of the board. However, if a releasee has been determined to be currently
unfit  to  proceed  to  trial  or is currently subject to a temporary or
final order of observation pursuant to article seven hundred  thirty  of
the  criminal  procedure law, no notice of violation or warrant shall be
issued. The issuance of a notice of violation, service of  a  notice  of
violation,  service  of  a  notice  of  decision,  and  the retaking and
detention of any person for whom a warrant has been issued  pursuant  to
this  subparagraph  may be further regulated by rules and regulations of
the department not inconsistent with  this  article.  A  warrant  issued
pursuant  to  this  section shall constitute sufficient authority to the
superintendent or other person in  charge  of  any  jail,  penitentiary,
lockup  or  detention  pen  to whom it is delivered to hold in temporary
detention the  person  named  therein  pending  a  recognizance  hearing
pursuant  to  subparagraph  (iv)  of  this  paragraph. It shall not be a
condition of parole nor may a notice of violation or a warrant be issued
due to a releasee being in the  company  of  or  fraternizing  with  any
person  the  releasee  knows  has  a  criminal  record or knows has been
adjudicated a youthful offender or due to conduct  related  to  cannabis
that is lawful pursuant to the laws of New York.
(ii)  A  warrant  issued  for  a  presumptive  release,  a  parole,  a
conditional release  or  a  post-release  supervision  violator  may  be
executed  by  any  parole  officer  or  any  officer authorized to serve
criminal process or any peace officer, who is  acting  pursuant  to  his
special duties, or 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  detained  as  provided  in  this
paragraph.
(iii) Where the alleged violator is detained in another state pursuant
to such warrant and is not under  parole  supervision  pursuant  to  the
uniform  act  for  out-of-state  parolee supervision or where an alleged
violator under parole  supervision  pursuant  to  the  uniform  act  for
out-of-state  parolee  supervision is detained in a state other than the
receiving state, the warrant will not be deemed to be executed until the
alleged violator is detained exclusively on the basis  of  such  warrant
and  the  department has received notification that the alleged violator
(A) has formally waived extradition  to  this  state  or  (B)  has  been
ordered  extradited  to this state pursuant to a judicial determination.
The alleged violator will not be considered to be within the convenience
and practical control of the department until the warrant is  deemed  to
be executed.
(iv)  Notwithstanding  the provisions of any other law, upon execution
of a warrant issued pursuant to this section for any releasee alleged to
have committed a violation of a condition of  release  in  an  important
respect  in  the  city of New York, the authorized officer shall present
the releasee to the criminal court of  the  city  of  New  York  or  the
supreme court criminal term in the county where the violation is alleged

to  have  been  committed  for a recognizance hearing within twenty-four
hours of the execution of the warrant. If no such  court  of  record  is
available  to  conduct any business of any type within twenty-four hours
of the execution of the warrant, the recognizance hearing shall commence
on the next day such a court in the jurisdiction is available to conduct
any  business  of any type. For any releasee alleged to have committed a
violation of a condition of release in an important respect  outside  of
the  city of New York, the authorized officer shall present the releasee
to a county court, district court or city court in the  county  or  city
where the violation is alleged to have been committed for a recognizance
hearing. If no such court of record is available to conduct any business
of  any  type  within twenty-four hours of the execution of the warrant,
the recognizance hearing shall commence on the next day  such  court  is
available to conduct any business of any type.
(v) At a recognizance hearing, the department shall have the burden of
demonstrating to the court that the executed warrant was properly issued
and served pursuant to this section. The department shall be responsible
for  presenting information to the court regarding the alleged violation
and  the  releasee's  community  supervision  record.  If  the   alleged
violation  is  the  subject  of  a  pending  criminal  prosecution,  the
department shall coordinate with the office of the district attorney  to
ensure  information  regarding  the alleged violation and the releasee's
community  supervision  record  is  presented  to  the   court.   At   a
recognizance   hearing,   the   department  shall  have  the  burden  of
demonstrating to the court that the executed warrant was properly issued
and served pursuant to this section. The department shall be responsible
for presenting information to the court regarding the alleged  violation
and   the  releasee's  community  supervision  record.  If  the  alleged
violation  is  the  subject  of  a  pending  criminal  prosecution,  the
department  shall coordinate with the office of the district attorney to
ensure information regarding the alleged violation  and  the  releasee's
community supervision record is presented to the court.
(vi) At a recognizance hearing, the court shall consider all available
evidence  of  the  releasee's  employment,  family  and  community  ties
including length of residency in the community, history of reporting  in
a  timely  fashion  to  a  parole  or  supervisory  officer,  and  other
indicators of stability. At the conclusion of the recognizance  hearing,
the  court may order that the releasee be detained pending a preliminary
or final revocation hearing  only  upon  a  finding  that  the  releasee
currently  presents a substantial risk of willfully failing to appear at
the preliminary or final revocation hearings and  that  no  non-monetary
condition  or combination of conditions in the community will reasonably
assure the releasee's appearance at the preliminary or final  revocation
hearing.  Otherwise,  the  court shall release the releasee on the least
restrictive non-monetary conditions  that  will  reasonably  assure  the
releasee's  appearance at subsequent preliminary or revocation hearings,
with a presumption of release on recognizance. The court  shall  explain
its  decision on the record or in writing. If non-monetary conditions of
release are imposed, the releasee shall not be required to pay  for  any
part of the cost of such conditions.
(vii)  The  alleged  violator  shall have a right to representation by
counsel at the recognizance hearing. In any case, including when a court
is called upon to evaluate  the  capacity  of  an  alleged  violator  to
participate   in   a  recognizance  proceeding,  where  such  person  is
financially unable to retain counsel, the court in  which  any  criminal
case  against  the  individual  is  pending, or if there is no such case
pending, the criminal court of the city of New York, the county court or
district court in the county where the  violation  is  alleged  to  have

occurred  or  where  the  hearing is to be held, shall assign counsel in
accordance with the county or city plan  for  representation  placed  in
operation pursuant to article eighteen-B of the county law.
(viii)  If the violation charge involves conduct that would constitute
a new felony or misdemeanor offense, such recognizance  hearing  may  be
held  at  the same time as a proceeding pursuant to article five hundred
thirty of the criminal procedure law for  any  warrants  issued  by  the
department  prior  to  such proceeding. If at the proceeding pursuant to
article five hundred thirty of the  criminal  procedure  law  the  court
imposes bail on the new alleged criminal offense or commits the releasee
to the custody of the sheriff pursuant to article five hundred thirty of
the  criminal  procedure  law and the releasee secures release by paying
bail or under non-monetary conditions or by operation of law,  then  the
releasee  shall  not  be  detained  further  based solely on the warrant
issued by the department. If the  department  issues  a  warrant  for  a
non-technical  violation  for  alleged criminal conduct that has already
been the subject of a court's order pursuant  to  article  five  hundred
thirty  of  the criminal procedure law, then within twenty-four hours of
execution of the warrant the releasee shall be provided  a  recognizance
hearing  pursuant  to  this  subparagraph, provided, however, that if no
court as defined in subparagraph (iv) of this paragraph is available  to
conduct  any  business  of  any  type  within  twenty-four  hours of the
execution of the warrant, then the recognizance hearing  shall  commence
on  the  next day such court is available to conduct any business of any
type.
(b) A person who shall have been taken into custody pursuant  to  this
subdivision  for  violation  of  one  or  more conditions of presumptive
release, parole, conditional release or post-release supervision  shall,
insofar  as  practicable, be incarcerated in the county or city in which
the arrest occurred.
(c) (i) (A) For any alleged technical violation for which a notice  of
violation  was  issued or a person was released on recognizance pursuant
to  subparagraph  (iv)  of  paragraph  (a)  of  this  subdivision,   the
department  shall  within  ten  days  of  the  issuance of the notice of
violation or the order of release on recognizance afford  the  person  a
preliminary  revocation  hearing  before a hearing officer designated by
the department. Such hearing  officer  shall  not  have  had  any  prior
supervisory  involvement  over  the alleged violator. Such hearing shall
not be held at  a  correctional  facility,  detention  center  or  local
correctional  facility.  The  hearing  shall  be scheduled and held in a
courthouse, in cooperation with the chief administrator  of  the  courts
and the chief administrator's designees, provided, however, that if such
a   courthouse  is  not  reasonably  available  for  such  hearing,  the
department may designate a suitable office  or  other  similar  facility
that   is  not  a  correctional  facility,  detention  center  or  local
correctional facility for such hearing.
(B) For any alleged violation  for  which  a  court  issued  an  order
detaining  a  person,  within five days of the issuance of such order to
detain or execution of a warrant for the violation, the department shall
afford such person  a  preliminary  hearing  before  a  hearing  officer
designated  by  the  department. Such hearing officer shall not have had
any prior supervisory involvement over the  alleged  violator.  For  any
alleged  violation  for  which  a  person  was released on recognizance,
within ten days of the issuance of the order of release on recognizance,
the  department  shall  afford  such  person  a  preliminary  revocation
hearing.
(ii)  The preliminary presumptive release, parole, conditional release
or post-release supervision revocation hearing shall  be  scheduled  and

held in a courthouse, in cooperation with the chief administrator of the
courts  and the chief administrator's designees, provided, however, that
if such a courthouse is not reasonably available for such  hearing,  the
department  may  designate  a  suitable office or other similar facility
that  is  not  a  correctional  facility,  detention  center  or   local
correctional facility for such hearing.
(iii) The alleged violator shall, at the time a notice of violation is
issued or at the time of a recognizance hearing, be given written notice
of  the  time,  place  and  purpose of the preliminary hearing, or if no
preliminary hearing is required pursuant to this section, of  the  final
revocation  hearing. The notice shall state what conditions of community
supervision are alleged to have been violated, and in what manner;  that
such  person  shall have the right to appear and speak in his or her own
behalf; that he or she shall have the right  to  introduce  letters  and
documents;  that  he  or she may present witnesses who can give relevant
information to the hearing officer; that he or  she  has  the  right  to
confront  the  witnesses against him or her; that such person shall have
the right to representation by counsel  at  any  preliminary  and  final
revocation  hearings; and the name and contact details for institutional
defenders or assigned private counsel, as applicable. Adverse  witnesses
may  be  compelled to attend the preliminary hearing unless the prisoner
has been convicted of a new crime while on  supervision  or  unless  the
hearing  officer  finds  good  cause for their non-attendance. As far as
practicable or feasible, any additional documents having been  collected
or  prepared  that  are relevant to the charge shall be delivered to the
alleged violator.
(iv) The standard of proof at  the  preliminary  hearing  shall  be  a
preponderance  of the evidence to believe that the releasee has violated
one or more conditions  of  his  or  her  community  supervision  in  an
important  respect. Proof of conviction of a crime committed while under
supervision shall constitute prima facie evidence of a  violation  of  a
condition   of   community   supervision   for   the  purposes  of  this
subparagraph.
(v) At the preliminary hearing, the hearing officer shall  review  the
violation  charges with the alleged violator, direct the presentation of
evidence concerning the alleged violation,  receive  the  statements  of
witnesses  and documentary evidence on behalf of the prisoner, and allow
cross examination of those witnesses in attendance.
(vi) At the conclusion of the preliminary hearing, the hearing officer
shall inform the alleged violator of his or her decision as  to  whether
there  is  probable  cause  to  believe  that  the presumptive releasee,
parolee, conditional releasee or person on post-release supervision  has
violated  one  or  more conditions of his or her release in an important
respect. Based solely on  the  evidence  adduced  at  the  hearing,  the
hearing  officer  shall  determine  whether  there  is probable cause to
believe that such person has violated his or  her  presumptive  release,
parole,  conditional release or post-release supervision in an important
respect. The hearing officer shall in writing state the reasons for  his
or  her  determination and the evidence relied on. A copy of the written
findings shall be sent to both the  alleged  violator  and  his  or  her
counsel.
(vii)  If  the  hearing officer is satisfied that there is no probable
cause to believe that such person has violated one or more conditions of
release in an important respect, he or she shall dismiss the  notice  of
violation and direct such person be restored to supervision.
(viii)  If  the  hearing  officer  is satisfied that there is probable
cause to believe that such person has violated one or more conditions of
release in an important respect, he or she shall so find.
(ix) If the hearing officer finds by a preponderance of  the  evidence
that  such  person  has  violated  one  or  more conditions of community
supervision  in  an  important  respect,  the  releasee  shall,  at  the
conclusion  of  the  preliminary  hearing be given written notice of the
time,  place  and  purpose  of  the final revocation hearing. The notice
shall state what conditions of community supervision are alleged to have
been violated, when, where and in what manner; that  such  person  shall
have  the  right  to  representation  by counsel at any final revocation
hearing; that such person shall have the right to appear  and  speak  in
his  or her own behalf; that he or she shall have the right to introduce
letters and documents; that he or she may present witnesses who can give
relevant information to the hearing officer; that  he  or  she  has  the
right  to  confront  the  witnesses against him or her; and the name and
contact details for institutional defenders or assigned private counsel,
as  applicable.  Any  additional  documents  having  been  collected  or
prepared  that  support  the charges shall be delivered to the releasee.
Adverse witnesses may  be  compelled  to  attend  the  final  revocation
hearing  unless  the prisoner has been convicted of a new crime while on
supervision or unless the hearing officer finds  good  cause  for  their
non-attendance.
(x)  The  alleged  violator  shall  have  a right to representation by
counsel at the preliminary hearing. In any case, including when a  court
is  called  upon  to  evaluate  the capacity of an alleged violator in a
preliminary proceeding, where  such  person  is  financially  unable  to
retain  counsel,  the criminal court of the city of New York, the county
court or district court in the county where the violation is alleged  to
have  occurred  or  where  the  hearing is held, shall assign counsel in
accordance with the county or city plan  for  representation  placed  in
operation pursuant to article eighteen-B of the county law.
* (d)  If  a  finding  of  probable  cause  is  made  pursuant to this
subdivision either by a determination at a preliminary hearing or by the
waiver thereof, or if the releasee has been convicted  of  a  new  crime
while   under   presumptive  release,  parole,  conditional  release  or
post-release supervision,  the  board's  rules  shall  provide  for  (i)
declaring  such person to be delinquent as soon as practicable and shall
require reasonable and appropriate action to make a final  determination
with respect to the alleged violation or (ii) ordering such person to be
restored   to   presumptive  release,  parole,  conditional  release  or
post-release  supervision  under  such  circumstances  as  it  may  deem
appropriate  or  (iii) when a presumptive releasee, parolee, conditional
releasee or person on post-release supervision has been convicted  of  a
new   felony   committed   while   under  such  supervision  and  a  new
indeterminate or determinate sentence  has  been  imposed,  the  board's
rules  shall  provide  for  a  final  declaration  of  delinquency.  The
incarcerated individual shall then be notified in writing  that  his  or
her  release  has  been revoked on the basis of the new conviction and a
copy  of  the  commitment  shall  accompany   said   notification.   The
incarcerated  individual's  next  appearance  before  the board shall be
governed  by  the  legal  requirements  of  said  new  indeterminate  or
determinate  sentence,  or shall occur as soon after a final reversal of
the conviction as is practicable.
* NB Effective until September 1, 2025
* (d) If a  finding  of  probable  cause  is  made  pursuant  to  this
subdivision  either  by determination at a preliminary hearing or by the
waiver thereof, or if the releasee has been convicted  of  a  new  crime
while  under  his present parole or conditional release supervision, the
board's rules  shall  provide  for  (i)  declaring  such  person  to  be
delinquent  as  soon  as  practicable  and  shall require reasonable and

appropriate action to make a final determination  with  respect  to  the
alleged  violation or (ii) ordering such person to be restored to parole
supervision under such circumstances as it may deem appropriate or (iii)
when  a  parolee  or  conditional  releasee  has been convicted of a new
felony committed while under his or her present  parole  or  conditional
release  supervision  and a new indeterminate sentence has been imposed,
the board's rules shall provide for a final declaration of  delinquency.
The  incarcerated  individual shall then be notified in writing that his
or her release has been revoked on the basis of the new conviction and a
copy  of  the  commitment  shall  accompany   said   notification.   The
incarcerated  individual's  next  appearance  before  the board shall be
governed by the legal requirements of said new  indeterminate  sentence,
or  shall  occur  as soon after a final reversal of the conviction as is
practicable.
* NB Effective September 1, 2025
(e) (i) If the alleged violator requests a local  revocation  hearing,
he  or she shall be given a revocation hearing reasonably near the place
of the alleged violation or arrest if he or she has not  been  convicted
of a crime committed while under supervision. However, the board may, on
its own motion, designate a case for a local revocation hearing.
(ii)  If  there are two or more alleged violations, the hearing may be
conducted near the place of the violation chiefly relied upon as a basis
for the issuance of the warrant as determined by the board.
(iii) If a  local  revocation  hearing  is  not  ordered  pursuant  to
subparagraph (i) of this paragraph the alleged violator shall be given a
revocation  hearing  upon  his  or  her  return  to a state correctional
facility.
(f) (i) For any releasee charged with a  violation  at  a  preliminary
hearing:
(A) If a court issued an order detaining a person after a finding by a
preponderance  of  the  evidence  that such person committed a violation
then within thirty days  of  the  finding  by  a  preponderance  of  the
evidence  determination at the preliminary hearing, the department shall
afford such person a final revocation hearing in person before a hearing
officer designated by the department. Such  hearing  officer  shall  not
have had any prior supervisory involvement over the alleged violator.
(B)  (1)  If  a  notice  of  violation  was  issued or such person was
released on recognizance the department shall within forty-five days  of
the  issuance  of  the  notice  of  violation or the order of release on
recognizance afford the person  a  final  revocation  hearing  before  a
hearing officer designated by the department. Such hearing officer shall
not  have  had  any  prior  supervisory  involvement  over  the  alleged
violator.
(2) The final revocation hearing shall not be held at  a  correctional
facility,  detention center or local correctional facility. Such hearing
shall be scheduled and held in a courthouse,  in  cooperation  with  the
chief   administrator  of  the  courts  and  the  chief  administrator's
designees,  provided,  however,  that  if  such  a  courthouse  is   not
reasonably  available  for  such hearing, the department may designate a
suitable office or other similar facility that  is  not  a  correctional
facility,  detention  center  or  local  correctional  facility for such
hearing.
(3) The department  shall  have  six  months  from  the  date  of  the
effective  date  of  the  chapter of the laws of two thousand twenty-one
that amended this paragraph to begin to hold such hearings at  allowable
locations.
(C)  However,  if  an  alleged  violator  requests  and  receives  any
postponement of  his  or  her  revocation  hearing,  or  consents  to  a

postponed revocation proceeding initiated by the board, or if an alleged
violator,  by his actions otherwise precludes the prompt conduct of such
proceedings, the time limit may be extended.
(ii)  The revocation hearing shall be conducted by a presiding officer
who may be a member or a hearing officer  designated  by  the  board  in
accordance with rules of the board.
(iii) Both the alleged violator and an attorney who has filed a notice
of  appearance  on his or her behalf in accordance with the rules of the
board of parole shall be given written notice of  the  date,  place  and
time  of  the  hearing pursuant to subparagraph (ix) of paragraph (c) of
this subdivision.
(iv) The alleged violator shall be given written notice of the  rights
enumerated in subparagraph (iii) of paragraph (c) of this subdivision as
well  as  of his or her right to present mitigating evidence relevant to
restoration to  presumptive  release,  parole,  conditional  release  or
post-release supervision and his or her right to counsel.
(v)  The  alleged  violator  shall  have  a right to representation by
counsel at the  revocation  hearing.  In  any  case,  including  when  a
superior  court  is  called  upon to evaluate the capacity of an alleged
violator in a revocation proceeding, where such  person  is  financially
unable  to  retain  counsel, the criminal court of the city of New York,
the county court or district court in the county where the violation  is
alleged  to  have  occurred  or  where the hearing is held, shall assign
counsel in accordance with the county or city  plan  for  representation
placed in operation pursuant to article eighteen-B of the county law. He
or  she  shall  have  the  right  to  confront and cross-examine adverse
witnesses, unless there  is  good  cause  for  their  non-attendance  as
determined  by  the presiding officer; present witnesses and documentary
evidence  in  defense  of  the  charges;  and  present   witnesses   and
documentary evidence relevant to the question whether reincarceration of
the alleged violator is appropriate.
(vi)  At  the  revocation  hearing,  the charges shall be read and the
alleged violator shall be permitted to plead not guilty, guilty,  guilty
with  explanation or to stand mute. As to each charge, evidence shall be
introduced through witnesses and documents, if any, in support  of  that
charge.  At the conclusion of each witness's direct testimony, he or she
shall be made available for cross-examination. If the  alleged  violator
intends  to  present  a defense to the charges or to present evidence of
mitigating  circumstances,  the  alleged  violator  shall  do  so  after
presentation   of  all  the  evidence  in  support  of  a  violation  of
presumptive  release,  parole,  conditional  release   or   post-release
supervision.
(vii)  All  persons giving evidence at the revocation hearing shall be
sworn before giving any testimony as provided by law.
(viii) At the conclusion of the  hearing  the  presiding  officer  may
sustain  any  or  all of the violation charges or may dismiss any or all
violation charges. He or she may sustain a violation charge only if  the
charge  is  supported  by  clear  and  convincing evidence. Conduct that
formed the basis of an arrest shall not form  a  basis  of  a  sustained
parole  violation  if  a  court  has  adjudicated  the  matter  with  an
acquittal, adjournment in contemplation of dismissal, or violation.
(ix) If the presiding officer is not satisfied that there is clear and
convincing evidence in support of the violation, he or she shall dismiss
the  violation,  cancel  the  delinquency  and  restore  the  person  to
presumptive   release,   parole,  conditional  release  or  post-release
supervision.
(x) If the presiding officer is satisfied  that  there  is  clear  and
convincing  evidence  that  the  alleged  violator  violated one or more

conditions of release in an important respect, he or she shall so  find.
For  each  sustained  technical  violation  the  presiding officer shall
direct that no earned time credits shall be awarded for the  thirty  day
period  commencing  from  the  date  of the sustained violation. For any
absconding violation found, the presiding officer shall direct  that  no
earned  time  credits shall be awarded for the entire time period during
which a releasee was found to have absconded from supervision.
(xi) Incarceration shall not be imposed for any  technical  violation,
except as provided in subparagraph (xii) of this paragraph.
(xii)  For  each violation found, the presiding officer may (A) direct
that the releasee be restored to supervision; (B) as an  alternative  to
reincarceration,  direct  the  releasee receive re-entry services in the
community  from  qualified  nonprofit  agencies;  or  (C)   direct   the
violator's  reincarceration  and for non-technical violations fix a date
for consideration by the board for re-release on presumptive release, or
parole  or  conditional  release,  as  the  case  may  be;  or  (D)  for
non-technical  violations in the case of persons released to a period of
post-release supervision, direct the violator's  reincarceration  up  to
the  balance of the remaining period of post-release supervision, not to
exceed five years; provided, however, that a defendant serving a term of
post-release supervision for  a  conviction  of  a  felony  sex  offense
defined  in  section  70.80 of the penal law may be subject to a further
period of imprisonment up to the balance  of  the  remaining  period  of
post-release  supervision, shall apply for technical violations; and the
following limitations:
(1) Absconding. For absconding up to seven days reincarceration may be
imposed for the first violation, up to fifteen days reincarceration  may
be   imposed   for   the   second  violation,  and  up  to  thirty  days
reincarceration  may  be  imposed  for  the  third  or  any   subsequent
violation;
(2)  Sanctions for certain technical violations. Reincarceration shall
not be imposed for a sustained technical violation  that  involves:  (a)
violating  curfew;  (b) alcohol use, provided however that incarceration
is permissible for alcohol use if the person  is  subject  to  community
supervision  due  to  a  conviction  for  driving under the influence of
alcohol; (c) drug use, provided, however  incarceration  is  permissible
for  drug use if the person is subject to community supervision due to a
conviction for driving under the influence  of  drugs;  (d)  failing  to
notify  parole  officer of a change in employment or program status; (e)
failing to pay surcharges and fees; (f) obtaining a driver's license  or
driving   a   car  with  a  valid  driver's  license,  provided  however
incarceration is permissible if either action is  explicitly  prohibited
by  the person's conviction; (g) failing to notify community supervision
officer of contact with any law enforcement  agency,  provided  however,
incarceration  is  permissible  if  the  person intended to hide illegal
behavior; (h) failing to obey other special conditions, provided however
that incarceration is permissible if the failure cannot be addressed  in
the  community  and  all reasonable community-based means to address the
failure have been exhausted; and
(3) Sanctions for  all  other  technical  violations.  For  all  other
technical  violations,  no  period of reincarceration may be imposed for
the first  and  second  substantiated  technical  violations  for  which
incarceration  may  be  imposed; up to seven days reincarceration may be
imposed for  the  third  substantiated  technical  violation  for  which
incarceration  may be imposed; up to fifteen days reincarceration may be
imposed for the  fourth  substantiated  technical  violation  for  which
incarceration  may  be imposed; up to thirty days reincarceration may be

imposed for the fifth and subsequent substantiated technical  violations
for which incarceration may be imposed.
(xiii)  If  a  warrant  was  executed pursuant to subparagraph (iv) of
paragraph (a) of this subdivision by a  criminal  court  and  the  court
released  the  person pending a preliminary or final revocation hearing,
any period of reincarceration imposed pursuant to this  paragraph  shall
be  counted  from  the date of issuance of a determination after a final
revocation hearing that the person has violated one or  more  conditions
of  community supervision, and the time between execution of the warrant
and release of the person pending  a  preliminary  or  final  revocation
hearing  shall  count  toward  any  period  of  reincarceration  imposed
pursuant to this paragraph. If a releasee is committed to the custody of
the sheriff pursuant to article five  hundred  thirty  of  the  criminal
procedure  law,  any  time  the  person spent confined in a correctional
facility or local correctional facility shall  be  credited  toward  any
period  of  reincarceration  imposed  pursuant to this paragraph. In all
cases,  the  presiding  officer  shall  impose  the  least   restrictive
reasonable  sanction. Any periods of reincarceration imposed pursuant to
this section shall run  concurrently  if  more  than  one  violation  is
sustained.  If  a  period of reincarceration is imposed pursuant to this
paragraph, the releasee shall be released from custody  upon  expiration
of  the  period  or  the  end  of  the  releasee's  period  of community
supervision, whichever shall be sooner.  For  the  violator  serving  an
indeterminate  sentence  who while re-incarcerated has not been found by
the department to have committed a serious disciplinary infraction, such
violator shall be re-released  on  the  date  fixed  at  the  revocation
hearing. For the violator serving an indeterminate sentence who has been
found  by  the  department  to  have  committed  a  serious disciplinary
infraction  while  re-incarcerated,  the  department  shall  refer   the
violator  to  the  board  for  consideration for re-release to community
supervision. Upon  such  referral  the  board  may  waive  the  personal
interview  between  a member or members of the board and the violator to
determine the suitability for re-release when the board directs that the
violator be re-released upon expiration  of  the  time  assessment.  The
board  shall  retain  the  authority  to  suspend  the  date  fixed  for
re-release based on the violator's commission of a serious  disciplinary
infraction  and  shall  in  such  case  require  a personal interview be
conducted within a reasonable time between a panel  of  members  of  the
board  and  the  violator to determine suitability for re-release. If an
interview is required, the board shall notify the violator in advance of
the date and time of such interview in accordance  with  the  rules  and
regulations of the board.
(xiv)  If  the presiding officer sustains any violations, such officer
must prepare a written statement, to be made available  to  the  alleged
violator and his or her counsel, indicating the evidence relied upon and
the  reasons  for  revoking  presumptive  release,  parole,  conditional
release or post-release supervision, and for the disposition  made.  The
presiding  officer  shall  also advise the alleged violator in a written
statement that revocation will result in loss of the right to vote while
he or she is serving the remainder of his or her felony  sentence  in  a
correctional  facility  and that the right to vote will be restored upon
his or her release.
(xv) If at  any  time  during  a  revocation  proceeding  the  alleged
violator, his or her counsel, or an employee of the department contends,
or  if  it  reasonably  appears to the hearing officer, that the alleged
violator  is  an  incapacitated  person  as  that  term  is  defined  in
subdivision  one  of section 730.10 of the criminal procedure law and no
judicial determination has been made that the  alleged  violator  is  an

incapacitated  person,  the  revocation  proceeding shall be temporarily
stayed until the superior court determines whether or not the person  is
fit  to  proceed.  The matter shall be promptly referred to the superior
court  for determination of the alleged violator's fitness to proceed in
a manner consistent with the provisions of article seven hundred  thirty
of  the criminal procedure law, provided however that the superior court
shall immediately appoint counsel for any unrepresented alleged violator
eligible for appointed counsel under subparagraph (v) of this paragraph.
The  court  shall  decide  whether  or  not  the  alleged  violator   is
incapacitated  within  thirty  days  of  the  referral  from the hearing
officer. If the court determines that the alleged  violator  is  not  an
incapacitated  person, the court shall order that the matter be returned
to  the  board  of  parole  for  continuation  and  disposition  of  the
revocation proceeding. If the court determines that the alleged violator
is  an incapacitated person and if no felony charges are pending against
the alleged violator, the court shall issue a final order of observation
committing such person to the custody  of  the  commissioner  of  mental
health  or  the  commissioner of developmental disabilities for care and
treatment in an appropriate institution  in  a  manner  consistent  with
subdivision  one  of  section 730.40 of the criminal procedure law. If a
final order of observation has been issued pursuant to this section, the
hearing officer shall dismiss the violation charges and  such  dismissal
shall  act as a bar to any further proceeding under this section against
the alleged violator for such violations. If felony criminal charges are
pending at any time against an alleged violator who has been referred to
superior court for a fitness evaluation but before  a  determination  of
fitness  has  been made pursuant to this section, the court shall decide
whether or not the alleged violator is incapacitated pursuant to article
seven hundred thirty of the criminal procedure law  and  the  revocation
proceeding  shall  be  held  in  abeyance  until  such decision has been
reached. The hearing officer shall adopt the  capacity  finding  of  the
court  and  either  terminate  the  revocation  process  if  an order of
observation has been made by the court or proceed  with  the  revocation
hearing   if   the  alleged  violator  has  been  found  not  to  be  an
incapacitated person.
(g) Revocation of presumptive release, parole, conditional release  or
post-release  supervision  shall  not  prevent  re-parole  or re-release
provided such re-parole or re-release is not inconsistent with any other
provisions of law. When there has been a revocation  of  the  period  of
post-release supervision imposed on a felony sex offender who owes three
years  or  more  on such period imposed pursuant to subdivision two-a of
section 70.45 of the penal law, and a time assessment of three years  or
more  has  been  imposed, the violator shall be reviewed by the board of
parole and may  be  restored  to  post-release  supervision  only  after
serving   three   years   of  the  time  assessment,  and  only  upon  a
determination by the  board  of  parole  made  in  accordance  with  the
procedures  set  forth  in this section. Even if the hearing officer has
imposed a time assessment of a certain number of years of three years or
more, the violator shall not be released at or before the expiration  of
that  time  assessment  unless  the  board  authorizes such release, the
period of post-release supervision  expires,  or  release  is  otherwise
authorized  by  law.  If  a time assessment of less than three years was
imposed upon such a defendant, the defendant shall be released upon  the
expiration  of  such  time  assessment,  unless  he or she is subject to
further imprisonment or confinement under any other law.
(h) If the alleged violation is not sustained and the alleged violator
is restored to supervision, the interruptions specified  in  subdivision
three  of  section  70.40 of the penal law shall not apply, but the time

spent in custody in any state or local correctional institution shall be
credited against the term of the sentence in accordance with  the  rules
specified in paragraph (c) of such subdivision.
(i)  Where  there  is  reasonable  cause to believe that a presumptive
releasee, parolee, conditional releasee  or  person  under  post-release
supervision  has  absconded  from supervision the board may declare such
person to be delinquent. This paragraph shall not be construed  to  deny
such  person  a preliminary revocation hearing upon his retaking, nor to
relieve the department of any obligation it may  have  to  exercise  due
diligence to retake the alleged absconder, nor to relieve the parolee or
releasee  of any obligation he may have to comply with the conditions of
his release.
4. Appeals.  (a)  Except  for  determinations  made  upon  preliminary
hearings  upon  allegations of violation of presumptive release, parole,
conditional release or post-release supervision, all determinations made
pursuant to this section  may  be  appealed  in  accordance  with  rules
promulgated  by  the  board.  Any  board  member who participated in the
decision from which the appeal is  taken  may  not  participate  in  the
resolution  of  that  appeal.  The rules of the board may specify a time
within which any appeal shall be taken and resolved.
(b) Upon an appeal to the board, the incarcerated  individual  may  be
represented  by  an  attorney.  Where  the  incarcerated  individual  is
financially unable to provide for his or her own attorney, upon  request
an attorney shall be assigned pursuant to the provisions of subparagraph
(v) of paragraph (f) of subdivision three of this section.
(c)   All   board   of   parole  administrative  appeal  findings  and
recommendations shall be published within one hundred twenty days of the
determination  on  a  publicly  accessible  website  that   includes   a
word-searchable  database.  The  department of corrections and community
supervision shall provide electronic or print copies  of  such  findings
and  recommendations  to  all  correctional  facility law libraries on a
quarterly basis. Copies of such individual findings and  recommendations
shall  also  be made available upon written request to the department of
corrections and community supervision. Information  which  would  reveal
confidential  material  that  may not be released pursuant to federal or
state law shall be redacted  from  any  such  website  or  findings  and
recommendations.
4-a.    Appeals    from    non-technical   violation   findings.   (a)
Notwithstanding the provisions of any other law,  when  in  a  violation
proceeding  brought  pursuant  to  this  section,  any  of  the  charges
sustained by the hearing  officer  would  constitute  a  misdemeanor  or
felony  if such charge were or had been brought in a criminal court, the
releasee may, in lieu of an administrative appeal to the board  pursuant
to  subdivision  four  of this section, appeal such determination to the
lowest level of the following courts serving the jurisdiction  in  which
the  hearing was held or in which any such sustained conduct was alleged
to have occurred: city court, district court, county  court  or  supreme
court;  provided, however, that if any such misdemeanor or felony charge
was prosecuted in any city, district,  county  or  supreme  court,  such
appeal shall be filed in that court.
(b)  The appeal shall be commenced by the filing of a notice of appeal
in the same manner as an appeal to the appellate division as  set  forth
in  paragraphs  (a), (b), (d) and (e) of subdivision one and subdivision
six of section 460.10 of the criminal procedure law.  Counsel  shall  be
assigned  to  the  individual, if unable to afford counsel, by the court
before which the appeal is taken or is to be taken. Such court may  stay
such  determination  pending the appeal, in a manner consistent with the
provisions of section  460.50  of  the  criminal  procedure  law  or  as

otherwise  authorized.  Within thirty days after receiving such a notice
of appeal, the board shall serve on the individual or counsel  and  file
with  such  court  a  transcript  of  the proceedings before the hearing
officer  prepared  pursuant  to paragraph (a) of subdivision six of this
section, and copies of the documents, photographs and records considered
by the hearing  officer,  and  provide  access  to  any  other  evidence
considered by the hearing officer who made such determination.
(c)  The  appeal shall be perfected in the manner set forth in section
460.70 of the criminal procedure law, other provisions of law  generally
applicable  to  criminal appeals, and authorized rules implementing this
section promulgated by  the  chief  administrator  of  the  courts.  The
department  shall  have  responsibility  for presenting the department's
position through any  submissions  to  the  court  on  the  appeal.  The
department  shall  coordinate with relevant district attorneys to ensure
appropriate information may be  provided  to  the  court.  The  district
attorney  of  the jurisdiction may appear on any such appeal without the
necessity of a motion or order of the court.
(d) On such appeal, the reviewing city, district,  county  or  supreme
court  shall  consider  de  novo  the  issues  raised  by the appellant,
including but not limited to the following: (a)  whether  any  sustained
violation  charge  should  have been sustained; (b) whether reduction or
dismissal of the alleged violation charge or charges  is  warranted,  in
accordance  with  the  principles set forth in section 170.40 or section
210.40 of the criminal procedure law or otherwise; and (c)  whether  any
time  assessment  and  other  authorized sanction imposed by the hearing
officer should be vacated, reduced or, notwithstanding any law, rule  or
regulation  to  the contrary, ordered to run concurrently with any other
sentence, time assessment, or period of reincarceration imposed.
5. Actions of the board. Any action by  the  board  or  by  a  hearing
officer pursuant to this article shall be deemed a judicial function and
shall not be reviewable if done in accordance with law.
6.  Record  of  proceedings.  (a)  (i) The board shall provide for the
making of a verbatim record of each  parole  release  interview,  except
where  a  decision  is  made  to  release the incarcerated individual to
parole supervision, and each preliminary and final  revocation  hearing,
except  when  the  decision of the presiding officer after such hearings
result in a dismissal of all charged violations of  parole,  conditional
release or post release supervision.
(ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this
paragraph, the board shall provide for the making of a  verbatim  record
of   each   parole  release  interview  in  all  proceedings  where  the
incarcerated individual is a detained  sex  offender  as  such  term  is
defined  in  subdivision (g) of section 10.03 of the mental hygiene law.
Such record shall be provided to the office of mental health for use  by
the  multidisciplinary  staff  and  the  case  review  panel pursuant to
section 10.05 of the mental hygiene law.
(b) The chairman of the board of parole shall maintain records of  all
parole  interviews  and  hearings for a period of twenty-five years from
the date of the parole release interview  or  until  expiration  of  the
maximum term of sentence.
7. Deaf person before the board. Whenever any deaf person participates
in   an  interview,  parole  release  hearing,  preliminary  hearing  or
revocation hearing, there shall be appointed a qualified interpreter who
is certified by a recognized national or New  York  state  credentialing
authority  to  interpret  the  proceedings  to  and  the  statements  or
testimony  of  such  deaf  person.  The  department  shall  determine  a
reasonable  fee  for  all  such interpreting services, the cost of which
shall be a charge upon the department.
8. Foreign born or non-English speaking person before the board.  Upon
notification  from  the  department  pursuant  to  section  two  hundred
fifty-nine-e of this article, or upon the request of any foreign born or
non-English speaking person  who  is  scheduled  to  participate  in  an
interview,  parole  release  hearing,  preliminary hearing or revocation
hearing, there shall be appointed from the  New  York  state  office  of
general services statewide administrative services contract, a qualified
interpreter  to  interpret  the  proceedings  to  and  the statements or
testimony of such person. The board shall determine a reasonable fee for
all such interpreting services, the cost of which shall be a charge upon
the board of parole. No such request or appointment shall cause a  delay
of release from incarceration of such person.
9.  The board shall promulgate rules and regulations to facilitate the
presence  of  nonprofit  service  providers  able  to   offer   relevant
community-based  services  to  releasees  at  all  preliminary and final
revocation hearings  for  the  purpose  of  helping  people  subject  to
community  supervision  successfully complete such supervision and avoid
future such supervision, and to help ensure  presiding  officers  impose
the least restrictive reasonable sanction for any violation of community
supervision.