New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.2 - Review of Condition Violation, Initial Actions and Case Designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a parole
				officer having charge of a releasee shall have probable cause to believe that
				such person has violated one or more of the conditions of their release in an
				important respect, the officer shall report such fact to a member of the board
				or a designated officer. Designated officer shall mean a senior parole officer,
				supervising parole officer, deputy regional director, regional director, deputy
				director of operations, the director of operations, chief of the parole
				violation unit, assistant chief of the parole violation unit, and any officer
				who has been provided with specific authorization by the Board of
				Parole.
(b) Probable cause exists
				when evidence or information which appears reliable discloses facts or
				circumstances that would convince a person of ordinary intelligence, judgment
				and experience that it is more probable than not that the subject releasee has
				committed the acts in question. Such apparently reliable evidence may include
				hearsay.
(c) Where there is
				probable cause to believe that a releasee has violated one or more of the
				conditions of their release in an important respect, a notice of violation may
				be issued. A notice of violation may be approved for prosecution and issuance
				by any member of the Board or a designated officer.
(d) Subject to the further requirements set
				forth in this Part and Part 8005 of this Title, a warrant for retaking and
				temporary detention may issue when there is probable cause to believe that the
				releasee has violated one or more of the conditions of their release in an
				important respect. A warrant for retaking and temporary detention may be issued
				by any member of the Board or a designated officer, except that no officer
				shall issue a warrant in a case where they are the one who furnishes the report
				upon which it is based, including those cases wherein the notice of violation
				had been approved at a time wherein warrant issuance was not
				expected.
(e) The written violation
				of release report or an attendant form shall identify and designate the case as
				either a non-technical or technical violation matter, and when a technical
				violation matter, include explanation as to whether reincarceration is possible
				at the conclusion of the parole revocation case. Such designation may be
				appropriately modified at any time. The designation will be as follows:
(1) Technical violation case, no
				reincarceration. This is the designation for a case involving only technical
				violations by the releasee, for which no periods of reincarceration / time
				assessments may be imposed should all charges be sustained at a final parole
				revocation hearing.
(2) Technical
				violation case, reincarceration possible. This is the designation for a case
				involving only technical violations by the releasee, but wherein
				reincarceration is possible if at least one of the current charges is sustained
				at a final revocation hearing. The Department should provide explanation to
				include identification of both the current charge(s) and prior sustained
				violation(s), if any, that forms the specific factual basis for this
				designation, as well as the permissible periods of reincarceration possible in
				the current case.
(3) Non-technical
				violation case. This is the designation for a case that meets the definition of
				nontechnical violation provided in section
				8000.2  of this Title, and in such
				circumstance, it shall be made notwithstanding the inclusion of technical
				violation charges.