New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.22 - Delinquent Time Case Review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				  policy of the Board of Parole to review, sua sponte, any revocation
				  determination wherein a time assessment imposed is in excess of 24 months. The
				  purpose of said review is to provide the members of the board, acting in
				  executive session, an opportunity to freely discuss such determinations, to
				  decide, in view of the totality of the case record, whether such determination
				  is considered to be appropriate by the majority of the members of the board,
				  given the fact that the underlying revocation decision is rendered by a single
				  board member. The delinquent time case review is not a substitute for an
				  administrative appeal taken and decided pursuant to Part 8006 of this Title or
				  any appeal pursuant to subdivision 4-a of section 259-i  of the
				  Executive Law. Rather, given that such an appeal of a revocation determination
				  is limited to a review of the revocation record, the delinquent time case
				  review is intended to permit the board to consider any information in its
				  records that it considers to be pertinent to the case, so as to facilitate
				  equitable and consistent decision making. Insofar as the delinquent time case
				  review represents an internal opportunity for the members of the board to
				  discuss cases that are within the aforementioned category, the time for the
				  conduct of said review may vary in the sole discretion of the board and, in
				  keeping with the purpose of the case review, the board will not solicit or
				  accept input from outside of the board, or advise the subject of the case
				  review that the matter is under consideration.
(b) Review under this section shall not occur
				  until the administrative appeal permitted pursuant to Part 8006 of this Title
				  has been decided, or the time to take such an appeal has expired, and, as the
				  delinquent time case review is not an administrative remedy, its pendency or
				  conduct shall not preclude a violator from seeking judicial review of an
				  underlying revocation determination once the administrative appeal permitted
				  pursuant to part 8006 of this Title is concluded. Furthermore, review under
				  this section shall not occur until an appeal pursuant to subdivision 4-a of
				  section 259-i  of the
				  Executive Law, if any, has been decided and all further appeal or litigation
				  therefrom has concluded, and either administrative appeal permitted pursuant to
				  Part 8006 of this Title has been decided thereafter, or the time to take an
				  administrative appeal in such circumstance has expired.
(c) A time assessment in the underlying
				  revocation determination may not be increased by a review conducted pursuant to
				  this section. In a case where a time assessment is reduced, the violator will
				  be provided with written notice of the amended time assessment. A written
				  statement of reasons will not be issued for any case reviewed pursuant to this
				  section, nor will notice be provided to a violator that such person's case has
				  been reviewed, except to the extent that such review results in a reduction of
				  a time assessment imposed.
(d) A
				  delinquent time case review shall be conducted by a quorum of the members of
				  the board, and decided by a majority vote of the members present.