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
				  reincarceration which is fixed as a result of a sustained violation at a final
				  parole revocation hearing. A time assessment may be imposed for each sustained
				  violation charge for which a period of reincarceration is authorized in a
				  revocation case. The date upon which a parole violator who receives any time
				  assessment will be eligible for re-release is determined by the expiration of
				  the longest time assessment imposed within the revocation
				  case.
(b)
How time
				assessments are calculated.
(1) Time
				assessments will be set in months or days, depending on the circumstances,
				except, where applicable, they may be set as a hold to the maximum expiration
				of the sentence. Only time assessments corresponding to sustained technical
				violation charges may be set in days.
(2) Time assessments will commence and be
				credited as follows:
(i) Where a parole
				warrant was executed and the violator remained in custody continuously from
				that date until the conclusion of the final revocation hearing, the time
				assessments shall commence on the date of the execution of the warrant
				provided, however, that time assessments will not be credited with any time in
				which the releasee is not within the convenience and practical control of the
				Department.
(ii) Where a parole
				warrant was executed and the violator was ordered released by a court following
				a recognizance hearing, the time assessments shall commence upon the date of
				the issuance, by service on the violator, of a determination after a final
				hearing that the person has violated one or more conditions of release.The time
				assessments shall be credited with any time the violator spent in custody
				between the date the warrant was executed and the date of the recognizance
				hearing.
(iii) Where the revocation
				case was commenced and no parole warrant was executed, the time assessments
				shall commence upon the date of the issuance of a determination after a final
				hearing that the person has violated one or more conditions of
				release.
(iv) Where the releasee
				had been committed to the custody of the sheriff within New York State pursuant
				to Article 530 of the Criminal Procedure Law, any such time the person spent
				confined in a correctional facility or local correctional facility following
				execution of the parole warrant or service of the notice of violation, as the
				case may be, to the date of the final hearing, shall be credited toward the
				time assessment.
(3) The
				date of the issuance of a determination after the final hearing within the
				meaning of this section shall not be until such date as both the completed
				parole revocation decision has been issued and the releasee is within the
				physical custody and control of the Department to commence the period of
				reincarceration as of such date. The Department shall have a reasonable amount
				of time under the totality of circumstances in which to enforce the time
				assessments imposed in the cases referenced in subparagraphs (ii) and (iii) of
				paragraph (2) of this section and shall have no such obligation during any
				period in which the releasee is outside of the convenience and practical
				control of the Department or is alleged to have absconded from
				supervision.
(4) Any time
				assessments imposed within the same revocation case shall run concurrently with
				one another.
(5) For any time
				assessments imposed, if the time remaining on the sentence is less than the
				time assessments specified by the presiding officer, such assessments shall be
				deemed a hold to the maximum expiration of the sentence.
(6) Within this section and section
				8005.20, sentence shall include
				sentence and post release supervision time, if any.