2023 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.