2023 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