reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.4 - Program rebates

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. To be eligible for a program rebate, the total cost of the project,
				  including any in-kind services being claimed as part or all of the applicant's
				  matching share, must not exceed $50,000. The rebates shall be available for 50
				  percent of the total project cost up to a maximum rebate of $25,000. Rebates
				  shall be awarded on a first-come, first-served basis until all funds allocated
				  for rebates are exhausted.
(b)
				  Per-facility limitations. Program rebates shall be limited to $25,000 per
				  12-month period for each facility to be improved.
(c) Per-applicant limitations. In no event
				  may an applicant which owns or leases more than one facility receive more than
				  $100,000 in rebates in any 12- month period.
(d) Other limitations.
(1) Only one rebate application per facility
				  will be accepted during any 12- month period.
(2) Rebate applications for additional
				  projects at facilities previously awarded a rebate under this program will not
				  be accepted unless the previous project for which a rebate was awarded has been
				  certified as 100 percent complete. The Energy Office may waive such limitation
				  where, despite the due diligence of the applicant, an unanticipated
				  circumstance or event renders compliance impracticable.
(3) An energy conservation improvement that
				  would otherwise exceed the $50,000 limit to implement may not be carried out
				  incrementally to enable portions of the improvement to be eligible for more
				  than one rebate under this program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.5 - Eligible energy conservation measures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. An energy conservation measure
				  must:
(1) except as provided in subdivision
				  (b) of this section, be clearly identified and recommended in a focused energy
				  analysis which meets the requirements of section
				  7920.8  of
				  this Part;
(2) result in reduced
				  energy consumption;
(3) have a
				  simple payback of not less than two years nor more than 10 years; and
(4) involve a facility located within the
				  State which is occupied at the time of submission of an application for a
				  program rebate to the Energy Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.6 - Calculation of estimated project cost

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The total estimated project cost
				  shall include costs to be incurred by the applicant and the value of in-kind
				  services to be provided. Such costs shall not include administrative expenses,
				  or costs associated with obtaining a focused energy analysis.
(b) Costs incurred by the applicant shall be
				  based on:
(1) contractor estimates;
(2) supplier estimates;
(3) in-kind labor, materials, or equipment
				  estimates if in-kind is claimed as part or all of an applicant's matching
				  share;
(4) estimates of any
				  construction management and design fees, not to exceed 15 percent of the
				  measure(s); and
(5) estimates of
				  any minor repairs, alterations or other activities directly related to the
				  proper installation of an energy conservation measure, not to exceed 20 percent
				  of the cost of such measure.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.7 - Program application

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Processing.
(1) Completed program
				  applications for rebates will be processed on a first-come, first-served basis.
				  A program application shall be considered complete only when all of the
				  information required under subdivision (b) of this section has been submitted
				  to the Energy Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.8 - Focused energy analyses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Acceptable analyses. A focused energy analysis must be performed by a utility
				  company representative, registered architect, or a professional engineer, in
				  accordance with generally accepted engineering standards.
(b) Contents. A focused energy analysis must
				  contain the following information:
(1) a
				  general description of the facility, its operating hours, and information on
				  its representative annual energy costs by fuel type;
(2) a description of the equipment or
				  building system(s) and the proposed energy conservation measure relating to
				  such equipment or building system(s);
(3) energy savings (in either Btu or kWh) and
				  energy cost savings specific to the proposed measure. All calculations,
				  including input data and pertinent assumptions, must be clearly shown. Energy
				  cost savings shall not include cost savings from taxes and those savings due to
				  switching to lower cost fuels; and
(4) a calculation of simple
				  payback.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.9 - Notice of rebate commitment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The Energy Office shall provide
				  written notification to each applicant approved to receive a program rebate.
				  Such notice shall set forth the terms and conditions under which the program
				  rebate is to be made.
(b) The
				  commitment shall remain in effect for a maximum of 12 months following its
				  issuance, during which time the project must be completed. The Energy Office
				  for good cause may extend the term of the commitment. As used herein, good
				  cause means an unanticipated circumstance or event which, despite the due
				  diligence of the applicant, renders compliance with such 12-month term
				  impracticable.
(c) Availability of
				  funds. Rebate commitments generally or with respect to specific categories of
				  applicants shall be subject to the availability of program funds appropriated
				  by the New York State Legislature.
(d) Changes in scope of work. The rebate
				  recipient is expected to adhere to the scope of work for the project as
				  reviewed and approved by the Energy Office. The rebate recipient shall promptly
				  provide written notice to and obtain written approval from the Energy Office
				  for any changes in energy conservation improvements to be implemented which
				  differ from the notice of rebate commitment issued by the Energy Office. Under
				  no circumstances will payment be made by the Energy Office for work not
				  approved by the Energy Office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.10 - Payment of program rebates

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. Following completion of the entire project as described in the notice
				  of rebate commitment, the rebate recipient must apply for payment by submitting
				  a standard request form together with a project completion certificate, a copy
				  of an invoice from the contractor and/or material supplier, information
				  regarding any financial assistance received from the applicants' utility
				  company, documentation of in-kind expenses such as wage schedules and time
				  sheets, if applicable, and/or proof of payment in the form of a receipt or copy
				  of a cancelled check.
(b) Amount of
				  rebate. Except as provided in subdivision (c) of this section, the amount of
				  the rebate paid to the recipient by the Energy Office shall be the lesser of
				  the amount stated in the notice of rebate commitment or 50 percent of the
				  actual costs incurred in implementing the project.
(c) Utility financial incentives. Where an
				  applicant has sought or received a financial incentive from its utility company
				  for the same measures identified in the notice of rebate commitment, the amount
				  of the Energy Office rebate shall be reduced to limit the combined payments to
				  no more than 100 percent of the completed project cost.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.11 - Rescission, withholding, and adjustment of program rebates

Current through Register Vol. 46, No. 28, July 10, 2024
The Energy Office, in addition to any other rights and
					 remedies it may have pursuant to law, may withhold, rescind, or adjust payment
					 of a program rebate or any portion thereof for failure to comply with the
					 requirements of this Part or the terms and conditions of the notice of rebate
					 commitment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.12 - Duties of program rebate recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Access to site and records. The rebate
				  recipient shall provide Energy Office personnel or its designated agents with
				  reasonable access to the project site and to records relating to such project,
				  including energy consumption records, for purposes of inspection.
(b) Record retention. Records relating to the
				  project must be retained by the rebate recipient for a period of six years from
				  the date of issuance of the rebate payment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7930 - Radon Diagnosis Assistance Program › Section 7930.1 - Purpose of rules

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these rules is to establish criteria for
					 Radon Assessment Specialists (RASs) who shall be eligible to provide radon
					 diagnostic services under the Radon Diagnosis Assistance Program. Under this
					 program, eligible homeowners with elevated levels of radon may receive
					 financial assistance from the State Department of Health for the performance of
					 radon diagnostic services and the preparation of specifications for appropriate
					 mitigation measures in one-to-four family residences, where such services are
					 provided by RASs listed by the New York State Energy Office (SEO) in accordance
					 with the rules set forth in this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7930 - Radon Diagnosis Assistance Program › Section 7930.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Radon testing shall mean the performance
				  of screening or follow-up testing for radon.
(b) Radon assessment shall mean the
				  performance of investigatory procedures to determine radon entry points and
				  design appropriate mitigation systems.
(c) Radon mitigation shall mean the
				  installation of materials or equipment to reduce indoor radon.
(d) Radon assessment specialist shall mean a
				  person who meets the criteria established herein.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7930 - Radon Diagnosis Assistance Program › Section 7930.3 - Applicant requirements

Current through Register Vol. 46, No. 28, July 10, 2024
To be eligible to participate in the Radon Diagnostic
					 Assistance Program, each Radon Assessment Specialist applicant shall meet the
					 following requirements:
(a) Education.
				  The applicant shall have either:
(1) a
				  Bachelor's Degree from an accredited institution with a minimum of 30 credit
				  hours in science, engineering, architecture, building sciences or a related
				  discipline determined to be acceptable by SEO; or
(2) four years experience in radon testing,
				  assessment or mitigation, building sciences, radiation, or a related field
				  determined to be acceptable by SEO; or
(3) a combination of education and experience
				  totalling four years which SEO determines to be acceptable, provided that for
				  each year of education, the applicant must have a minimum of six credit hours
				  in science, engineering, architecture, building sciences or a related
				  discipline; and
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7930 - Radon Diagnosis Assistance Program › Section 7930.4 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
An individual seeking to become an RAS shall submit an
					 application form to SEO. Such application shall contain statements concerning
					 the applicant's education, experience, training, the results of the EPA RCP
					 Program Exam and status of the applicant's RCP listing, and any other
					 information deemed necessary by SEO. SEO shall notify all applicants whether
					 they meet the criteria for inclusion on the RAS list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7930 - Radon Diagnosis Assistance Program › Section 7930.5 - Listing of radon assessment specialists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) SEO shall publish a list of individuals
				  who have filed a complete application and who meet the requirements set forth
				  in section
				  7930.3  of
				  this Part.
(b) To remain on the
				  list, an RAS shall be required to respond to an annual survey concerning
				  services he or she offers.
(c) The
				  list of RASs shall be reviewed and updated by SEO on a quarterly
				  basis.
(d) SEO may remove a name
				  from the list of RASs for reasons including, but not limited to, materially
				  misstating information regarding the requirements listed in section
				  7930.3  of
				  this Part, failure to follow Radon Contractor Proficiency Program Radon
				  Mitigation Guidelines as set forth by the EPA [FN1], failure to maintain EPA's
				  Radon Contractor Proficiency Listing, or failure to respond to the Annual
				  Survey required by subdivision (b) of this section.
(e) Inclusion on SEO's list does not
				  guarantee participation in the Radon Diagnosis Assistance Program. The
				  Department of Health shall exercise oversight over the program and may decline
				  to contract with RASs who do not meet their program guidelines or who fail to
				  provide services in a workmanlike manner.
(f) In order to be selected to provide
				  services under this program, an RAS must be on SEO's most current RAS list and
				  under contract to the Department of Health for the purposes of this program.
[FN1] A copy of the Radon Contractor Proficiency Program
					 Radon Mitigation Guidelines, dated October, 1989, may be obtained from the
					 publisher at the following address: United States Environmental Protection
					 Agency (ANR 464), Attention: Radon Contractor Proficiency Program Manager, 401
					 M Street, S.W., Washington, D.C. 20460. The guidelines are available for public
					 inspection and copying at the following location: New York State Energy Office,
					 Counsel's Office, 9th floor, 2 Empire State Plaza, Albany, NY
					 12223.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8000 - General Provisions › Section 8000.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The rules and regulations set forth in this Subtitle
				  implement and govern the functions, powers and duties of the Division of Parole
				  in the Executive Department and of the Board of Parole.
(a) Regulations of the Division of Parole
				shall be promulgated by the chairman of the Board of Parole and shall govern
				the responsibility of the division to:
(1)
				collect information and maintain records with regard to each inmate and with
				regard to each person released on parole or conditional release;
(2) supervise all persons released on parole
				or conditional release, and any other persons as required by statute;
(3) investigate alleged violations of parole
				or conditional release and, when necessary, accomplish the revocation of such
				release;
(4) prepare reports and
				other data required by the board in the exercise of its functions;
				and
(5) assist inmates eligible for
				parole or conditional release and inmates on parole or conditional release to
				secure employment, educational or vocational training, and encourage
				apprenticeship training of such persons through the assistance and cooperation
				of industrial, commercial and labor organizations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8000 - General Provisions › Section 8000.3 - Stay and amendment of rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The chairman in his discretion, or the board in its
				  discretion, may direct orally or in writing that any rule or regulation may be
				  stayed, suspended, rescinded, modified or amended. If the direction is oral, it
				  shall be reduced to writing as soon as practicable, and if the direction
				  constitutes an amendment, it shall be filed with the Secretary of
				  State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8000 - General Provisions › Section 8000.5 - Parole records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				division shall cause to be obtained and filed, as soon as practicable,
				information as complete as may be obtainable with regard to each inmate who is
				received in an institution under the jurisdiction of the State Department of
				Correctional Services, including a complete statement of the crime for which
				the inmate has been sentenced, the circumstances of such crime, all presentence
				memoranda, the nature of the sentence, the court in which he 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 inmate's social, physical,
				mental and psychiatric condition and history.
(b) The division shall cause complete records
				to be kept of every person on parole or conditional release. Such records shall
				contain the aliases and photographs of each person and the information referred
				to in subdivision (a) of this section, as well as all reports of parole
				officers in relation to such persons.
(c) Access to case records maintained by the
				Division of Parole.
(1) An inmate, a releasee
				or counsel for either may have access to information contained in the parole
				case record:
(i) prior to a scheduled
				appearance before the board;
(ii)
				prior to a scheduled appearance before an authorized hearing officer of the
				division; or
(iii) prior to the
				timely perfecting of an administrative appeal of a final decision of the
				board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8000 - General Provisions › Section 8000.6 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				members of the division shall have the delegated authority to issue subpoenas
				and subpoenas duces tecum in order to compel attendance of witnesses under oath
				and the production of books, papers and other documents pertinent to inquiries
				and investigations in the performance of their duties:
(1) preliminary hearing officers;
(2) final hearing officers;
(3) regional directors and assistant regional
				directors;
(4) area
				supervisors;
(5) for the community
				based sub-offices including but not limited to those currently located in
				Binghamton, Peekskill and Utica, the senior parole officer in charge of each
				such office;
(6) parole revocation
				specialists; and
(7) chief and
				assistant chiefs of the parole violation unit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8000 - General Provisions › Section 8000.7 - Supervision categories

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be three general categories of supervision of
				  releasees under the division's supervision: intensive supervision, regular
				  supervision, and inactive supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8002 - Parole Release › Section 8002.1 - Parole release interview

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				inmate shall be scheduled for a parole release inter view at least one month
				prior to the expiration of the minimum period of imprisonment or parole
				eligibility date as fixed by the Department of Corrections and Community
				Supervision, or upon such reconsideration date as previously set by the Board
				of Parole ("Board").
(b) The parole
				release interview shall be conducted by a pane l of at least two members of the
				Board.
(c) The panel conducting the
				parole release interview shall discuss with the inmate each applicable factor
				set forth in section
				8002.2 
				of this Part, excluding confidential information.
Procedures for the conduct of the work of the state board
					 of parole, Executive Law § 259-i.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8002 - Parole Release › Section 8002.2 - Parole release decision-making

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Risk and Needs Principles: In making a release determination, the Board shall
				be guided by risk and needs principles, including the inmate's risk and needs
				scores as generated by a periodically-validated risk assessment instrument, if
				prepared by the Department of Corrections and Community Supervision
				(collectively, "Department Risk and Needs Assessment"). If a Board
				determination, denying release, departs from the Department Risk and Needs
				Assessment's scores, the Board shall specify any scale within the Department
				Risk and Needs Assessment from which it departed and provide an individualized
				reason for such departure. If other risk and need assessments or evaluations
				are prepared to assist in determining the inmate's treatment, release plan, or
				risk of reoffending, and such assessments or evaluations are made available for
				review at the time of the interview, the Board may consider these as
				well.
(b) Transitional
				accountability plan: The Board also shall consider the most current case plan
				that may have been developed by the New York State Department of Corrections
				and Community Supervision pursuant to Section 71-a  of the Correction Law.
(c) Minor offenders: Guiding Principles.
				Minor offenders a re inmates serving a maximum sentence of life imprisonment
				for a crime committed prior to the individual attaining 18 years of age.
1. When making any parole release decision
				pursuant to section 259i(2)(c)(A) of the Executive Law for a minor offender,
				the Boa rd shall, consider the following:
i.
				The diminished culpability of youth; and
ii. Growth and maturity since the time of the
				commitment offense.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8002 - Parole Release › Section 8002.3 - Post-interview requirements and considerations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Granting of Release. If the Board grants
				the inmate release following its interview and deliberations, it shall impose
				the initial set of conditions that will govern his or her community supervision
				in accordance with the pertinent provisions of article 12-b of the Executive
				Law.
(b) Denial of Release. If
				parole is not granted, the inmate shall be informed in writing, within two
				weeks of his or her interview, of the decision denying him or her parole and
				the factors and reasons for such denial. Reasons for the denial of parole
				release shall be given in detail, and shall, in factually individualized and
				non-conclusory terms, address how the applicable parole decision-making
				principles and factors listed in 8002.2 were considered in the individual's
				case. The Board shall specify in its decision a date for reconsideration of the
				release decision an d such date shall be not more than 24 months from the
				interview.
Procedures for the conduct of the work of the state board
					 of parole, Executive Law § 259-i.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8002 - Parole Release › Section 8002.6 - Parole violator re-release

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definition.
A
time assessment
is a period of time which
				  is fixed as a result of a final parole revocation hearing and which determines
				  a date by which time the parole violator will be eligible for
				  re-release.
(b)
How
				calculated.
(1) The time assessment
				will be set in months except, where applicable, it may be set as a hold to the
				maximum expiration of the sentence. It will commence running on the date that
				the parole violation warrant was lodged.
(2) Time assessments will be calculated in
				the same way for all parole violators for whom a time assessment has been
				imposed, irrespective of whether the violator is in a local or State
				correctional facility, and irrespective of whether there are criminal charges
				pending against the parole violator.
(3) For any time assessment imposed,
				including the assessment to be served in the event the violator fails to
				successfully complete an alternative program to be provided upon their return
				to a State correctional facility, if the time remaining on the sentence is less
				than the time assessment specified by the presiding officer, such assessment
				shall be deemed a hold to the maximum expiration of the sentence.
(4) Within this section and section
				8005.20 
				of this Title,
sentence
shall include sentence and post
				release supervision time, if any.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8003 - Release Conditions › Section 8003.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A paroled or
				conditionally released person shall, while on parole or conditional release, be
				in the local custody of the Division of Parole until expiration of the maximum
				term or period of sentence, or expiration of the period of supervision, or
				return to an institution under the jurisdiction of the Department of
				Correctional Services, as the case may be.
(b) Parole or conditional release revocation
				proceedings may be undertaken upon any violation of law or upon any violation
				of the release conditions or the rules and regulations of the board. The
				releasee is expected to comply faithfully with all conditions specified in
				writing at the time of his release and with all other conditions and
				instructions, whether oral or in writing, given him by the board, a member, an
				authorized representative of the board or a parole officer.
(c) Parole or conditional release will not be
				granted to any individual unless he states in writing, in the presence of a
				witness, that he has read and understood the conditions of release.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8003 - Release Conditions › Section 8003.3 - Special conditions

Current through Register Vol. 46, No. 28, July 10, 2024
A special condition may be imposed upon a releasee either
				  prior or subsequent to release. The releasee shall be provided with a written
				  copy of each special condition imposed. Each special condition may be imposed
				  by a member or members of the Board of Parole, an authorized representative of
				  the Division of Parole, or a parole officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8003 - Release Conditions › Section 8003.4 - Restitution and mandatory surcharge

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where an inmate under the jurisdiction of
				the Department of Correctional Services is subject to an undischarged
				restitution order or an order of mandatory surcharge imposed by a court of
				competent jurisdiction, the board may, prior to the inmate's parole or
				conditional release, impose as a special written condition of release a
				requirement that the releasee comply with such order. A special condition
				involving the payment of restitution or mandatory surcharge shall, unlike other
				special conditions, only be imposed upon a releasee by a member of the Board of
				Parole.
(b) At the time this
				condition is imposed by the board, the releasee shall be given written notice
				of the agency that shall have responsibility for restitution collection. The
				chief-elected official in each county, and the mayor in the City of New York,
				shall designate the restitution collection agency; except that in those
				counties where the State Division of Probation and Correctional Alternatives
				provides for and delivers probation services, said agency shall have the first
				option of designating the restitution collection agency for such
				counties.
(c) When a releasee,
				supervised pursuant to a special condition regarding restitution, or mandatory
				surcharge is granted permission by the Division of Parole to change his place
				of residence from one county to another, or between New York City and another
				county, the parole officer shall notify the restitution collection agency of
				that fact. If the division is notified by the designated restitution collection
				agency that the responsibility for such restitution collection is thereafter to
				be transferred to a different restitution agency, pursuant to a releasee's
				change of county of residence or for any other reason, the division shall then
				provide the releasee with written notification of said change.
(d) When a releasee is discharged from the
				jurisdiction of the division upon expiration of sentence or by board action
				pursuant to Executive Law, section
				259-j, or when a releasee is ordered
				returned to an institution under the jurisdiction of the Department of
				Correctional Services upon the revocation of parole or conditional release, the
				division shall so notify the restitution collection agency. Should the returned
				parole violator thereafter be reparoled or conditionally released, the
				procedures to be followed relative to restitution and mandatory surcharge shall
				be as previously stated in this subdivision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.4 - Notice of Violation, Violation of Release Report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A notice of
				violation shall be in writing and may consist of one or more documents and
				their attachments. Except as otherwise specified, the notice of violation
				includes a report of the violations of the conditions of release.
(b) The notice shall inform a releasee who is
				an alleged violator of the conditions of their release, of the purpose of the
				preliminary revocation hearing or if a preliminary hearing is not required, the
				purpose of the final revocation hearing, and shall state what conditions of
				release are alleged to have been violated and in what manner. The notice may
				inform the releasee of the purpose of a final hearing in any event. The
				releasee shall also be provided written notice of the time and place of the
				preliminary hearing or of the final hearing if no preliminary hearing is
				required, which information may be included in the notice of violation or
				another document provided not less than twenty-four hours in advance of such
				hearing.
(c) The notice shall state
				that at a preliminary and a final hearing the releasee:
(1) has the right to appear and speak in
				their own behalf;
(2) has the right
				to introduce letters and documents;
(3) may present witnesses who can give
				relevant information to the presiding officer;
(4) has the right to confront and
				cross-examine the witnesses against them, unless the releasee has been
				convicted of a new crime while on supervision or unless the presiding officer
				finds good cause for their nonattendance;
(5) has the right to representation by
				counsel; and
(6) has, at a final
				revocation hearing only, the right to present mitigating evidence relevant to
				the restoration to supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.6 - Certain Technical Violations - No Reincarceration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Technical
				violations for which no period of reincarceration may be imposed include the
				following specified violations:
(1) violating
				curfew;
(2) 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;
(3) 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;
(4) failing to
				notify the parole officer of a change in employment or program
				status;
(5) failing to pay
				surcharges and fees;
(6) 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;
(7)
				failing to notify the parole officer of contact with any law enforcement
				agency, provided however, incarceration is permissible if the person intended
				to hide illegal behavior. For the purposes of this section, contact with any
				law enforcement agency does not include a formal accusation of criminal
				behavior, or an arrest.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.7 - Technical Violations - Reincarceration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Technical
				violations for which reincarceration may be imposed include:
(1) a violation of any standard condition of
				release set forth in section
				8003.2  of this Title to the extent
				such constitutes a technical violation, except for the following:
(i) use of a controlled substance, provided
				however, that such violation is a technical violation for which reincarceration
				may be imposed where the releasee is subject to community supervision due to a
				conviction for driving under the influence of drugs;
(ii) failure to notify the parole officer of
				a change in employment or program status;
(iii) failure to notify the parole officer of
				contact with law enforcement, provided however, that such violation is a
				technical violation for which reincarceration may be imposed where the releasee
				intended to hide illegal behavior;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.8 - Non-technical Violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				"Non-technical violation" means:
(1) the
				commission of a new felony or misdemeanor offense; or
(2) for a releasee who is serving a sentence
				for an offense defined in article 130 of the penal law or section
				255.26 or
				255.27 of such law, conduct
				violating a specific condition reasonably related to such offense and efforts
				to protect the public from the commission of a repeat of such offense, provided
				that for purposes of this part all conditions imposed upon such a releasee are
				presumed to be reasonably related to such offense and efforts to protect the
				public from the commission of a repeat of such offense.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.10 - Declaration of Delinquency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				declaration of delinquency may be issued by a Board member or by a designated
				officer holding the title of supervising parole officer or higher after
				receiving the report of violation charges, and after either:
(1) a waiver by the releasee of the
				preliminary hearing;
(2) a finding
				of a preponderance of the evidence at a preliminary hearing;
(3) a conclusion by a Board member or a
				designated officer holding the title of supervising parole officer or higher
				that there is probable cause to believe the releasee has absconded from
				supervision; or
(4) a finding that
				the releasee has been convicted of a new crime while under their present
				parole, conditional release or period of post-release supervision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Section 8005.2 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The formal
				rules of evidence observed by courts need not be followed, except that the
				rules of privilege recognized by law shall be observed.
(b) Objections to evidentiary offers must be
				made and noted on the record.
(c)
				At a preliminary revocation hearing, proof of conviction of a crime committed
				while under supervision shall constitute prima facie evidence of a violation of
				a condition of release in an important respect.
(d) At a final revocation hearing, a
				certificate of conviction or commitment is prima facie evidence of an alleged
				violation. Where the only alleged violations are acts which have resulted in
				criminal convictions, the parole officer and witnesses need not be
				present.
(e) Official notice may be
				taken of all facts of which judicial notice could be taken, and of other facts
				within the specialized knowledge of the division. When official notice is taken
				of a material fact not appearing in the evidence in the record and of which
				judicial notice could not be taken, every party shall be given notice thereof
				and shall on timely request be afforded an opportunity prior to decision to
				dispute the fact or its materiality.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Preliminary Hearings › Section 8005.3 - Hearings Generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Department shall coordinate with the Board in matters pertaining to the timely
				  processing of parole revocation cases and revocation hearing schedules. As
				  required and appropriate the Department shall also coordinate with the chief
				  administrator of the courts or their designees, the State Office of Court
				  Administration, or courts of law in regard to certain revocation hearings that
				  are to be held in such court facilities.
(b) The Department will monitor the status of
				  each revocation case and make efforts to ensure it remains appropriately
				  designated per section
				  8004.2  of this Title.
(c) Inasmuch as the scheduling of the
				  revocation hearings for each case may vary with their circumstances, the
				  Department will endeavor to track relevant events such as releasee appearance
				  or nonappearance in response to a notice of violation, the date and outcome of
				  any relevant recognizance hearing, and the date and outcome of the preliminary
				  hearing, if held. The Department should be prepared to provide such information
				  upon request to the Board or a presiding officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Preliminary Hearings › Section 8005.4 - Presiding Officers at Preliminary Revocation Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Presiding
				  officers at preliminary revocation hearings shall be preliminary hearing
				  officers or administrative law judges, as defined in subdivisions (j) and (k)
				  of section 8000.2  of this Title.
(b) A preliminary hearing officer shall have
				  had no prior supervisory involvement with the alleged violator.
(c) Presiding officers at preliminary
				  hearings are authorized to:
(1) administer
				  oaths and affirmations;
(2) sign
				  and issue subpoenas and subpoenas duces tecum, as regulated by the Civil
				  Practice Law and Rules; and
(3)
				  conduct preliminary hearings and provide for adjournments thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Preliminary Hearings › Section 8005.5 - Party representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An alleged
				  violator is entitled to representation by an attorney at a preliminary
				  hearing.
(b)
(1) An attorney who represents an alleged
				  violator shall promptly file a notice of appearance with the hearing
				  coordinator at the local area office having responsibility for the supervision
				  of said alleged violator, except that:
(i)
				  for those alleged violators incarcerated at a jail located within New York
				  City, the notice of appearance shall be filed with the Parole Violation Unit of
				  the New York State Department of Corrections and Community Supervision;
				  and
(ii) for those alleged
				  violators incarcerated at a jail located within the counties of Dutchess,
				  Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester, the notice of
				  appearance shall be filed with the New York State Department of Corrections and
				  Community Supervision, Hudson Valley Region Parole Violation Unit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Preliminary Hearings › Section 8005.6 - Scheduling of the Preliminary Revocation Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  preliminary revocation hearing shall be scheduled to take place according to
				  the rules provided in this section, and other sections of this Part and Part
				  8004 of this Title as may be relevant to reasonably ensure substantial
				  compliance with the Executive Law. Generally:
(1) Where the case may be designated as a
				  technical violation case in which no reincarceration is possible:
(i) If the releasee appears as directed in
				  response to a notice of violation, the preliminary hearing is to be scheduled
				  to occur within 10 days of issuance of the notice.
(ii) If the releasee does not appear as
				  described in paragraph (2) of subdivision (d) of section
				  8004.6  of this Title, no
				  preliminary hearing is to be held as the violations shall be deemed
				  sustained.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Preliminary Hearings › Section 8005.7 - Conduct of the Preliminary Revocation Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the
				  preliminary revocation hearing, the preliminary hearing officer shall read each
				  violation charge and the alleged violator shall plead not guilty, guilty,
				  guilty with an explanation, or stand mute with respect to each charge. The
				  Department may, for purposes of the preliminary hearing, elect to proceed on
				  only one of the, or certain additional, existing charges.
(b) If the alleged violator at a preliminary
				  hearing pleads guilty to the substance of any charge or an acceptable variation
				  thereof, or admits charged conduct which is a violation of the conditions of
				  release in an important respect, the preliminary hearing officer shall conclude
				  the hearing.
(c) If the alleged
				  violator pleads not guilty to the charges, or elects to stand mute, the
				  preliminary hearing officer shall proceed to direct the presentation of
				  evidence concerning a violation charge, receive statements of witnesses and
				  documentary evidence on behalf of the alleged violator and allow
				  cross-examination of those witnesses in attendance with respect to that
				  charge.
(d) The standard of proof
				  at the preliminary hearing shall be a preponderance of evidence to believe that
				  the releasee has violated one or more of the conditions of their release in an
				  important respect. Proof of conviction of a crime committed subsequent to
				  release on parole or conditional release shall constitute prima facie evidence
				  of a violation of a condition of community supervision.
(e) The hearing shall conclude at such time
				  as the preliminary hearing officer finds that there is a preponderance of
				  evidence to believe that the alleged violator has violated a condition or
				  conditions of their release in an important respect, or when all charges have
				  been heard and no preponderance of evidence has been found.
(f) If the preliminary hearing officer finds
				  that there is a preponderance of evidence to believe that the alleged violator
				  has violated one or more of the conditions of parole in an important respect,
				  the matter shall proceed to a final revocation hearing except as may be
				  otherwise directed pursuant to section
				  8004.11  of this Title. When the
				  matter proceeds to a final hearing the Department may prosecute all charges and
				  any additional charges upon sufficient notice, whether or not a preponderance
				  of evidence had been found on such charges at the preliminary
				  hearing.
(g) If the preliminary
				  hearing officer finds that there is no preponderance of evidence to believe
				  that the alleged violator has violated one or more of the conditions of their
				  release in an important respect, they shall dismiss the notice of violation and
				  direct such person be restored to supervision.