New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.5 - Parole Warrant for Retaking and Temporary Detention

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 his release in an
				important respect, the officer shall report such fact to a member of the Board,
				or a designated officer identified in section
				8004.2  of this Part.
(b) Subject to further provisions and
				restrictions of this Part, the member or designated officer may issue a parole
				warrant, which is a warrant for the retaking and temporary detention of the
				releasee. 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 a
				notice of violation had first been issued. Nothing in this section shall be
				construed as prohibiting the issuance of a warrant upon a non-written report to
				a member or a designated officer in exigent circumstances.
(c) A warrant issued in accordance with
				subdivisions (a) and (b) of this section may be issued at any time, including
				during the pendency of a parole revocation case and prior to any scheduled
				final revocation hearing.
(d) The
				warrant may be executed by any parole officer, any officer authorized to serve
				criminal process or any peace officer.
(e) Such officer shall be authorized to take
				the releasee and have them detained in any jail, penitentiary, lockup or
				detention pen which shall be located, insofar as practicable, in the county or
				city in which the arrest occurred or within the county in which the violations
				are alleged to have occurred. Said detention pursuant to the warrant shall be
				until the department's reasonable receipt of a court determination following a
				recognizance hearing under the Executive Law and, unless such hearing results
				in a lawful order directing the release of the alleged violator as to the
				warrant, during the pendency of the revocation proceedings until and as
				consistent with a decision concluding the revocation case issued pursuant to
				the authority of the board. Furthermore:
(1)
				Where there are one or more violations charges involving conduct that would
				constitute a new felony or misdemeanor offense, detention is also authorized
				until conclusion of a proceeding pursuant to Article 530 of the Criminal
				Procedure Law wherein recognizance with respect to the parole revocation case
				may be determined. The recognizance hearing on the warrant shall not be joined
				with a Criminal Procedure Law Article 530 proceeding where the warrant had been
				issued for a violation that was already the subject of a court order pursuant
				to such a proceeding.
(2) Where a
				court conducting a recognizance hearing ordered release, and one or more
				violations are alleged to have occurred subsequent to that hearing or which
				occurred prior to such hearing but that the Department was unaware of at the
				time of such hearing, the parole warrant pursuant to this section will
				authorize detention until the conclusion of the parole revocation case, or
				until a recognizance court hears the matter again if it had so directed,
				provided:
(i) where the violation(s) occurred
				subsequent to the recognizance hearing, the conduct is alleged to have violated
				a condition of the recognizance court's order or its instructions that there be
				no further violations of the conditions of the Board or Department;
				or
(ii) where the violation(s)
				occurred subsequent to the recognizance hearing, the conduct would
				independently provide basis for the issuance of a parole warrant, including,
				but not limited to conduct such as absconding or the commission of a
				misdemeanor or felony; or
(iii)
				where the violation(s) occurred subsequent to the recognizance hearing, the
				conduct constituted a failure to appear for a parole revocation proceeding
				hearing or appearance; or
(iv)
				where the violation(s) occurred prior to the recognizance hearing but the
				Department was unaware of the conduct at the time of such hearing, the conduct
				is of such a character or quantity as to be substantially likely, if the
				recognizance court had been aware of it at the time of the recognizance
				hearing, to have led it to conclude that the releasee presents a substantial
				risk of willfully failing to appear at any revocation proceeding and no
				non-monetary conditions in the community could reasonably assure the releasee's
				appearance at such revocation proceedings. In such instance, the recognizance
				court shall be promptly informed of the relevant conduct and any retaking
				pursuant to the warrant.
(3) In the event there exist violations of
				the type specified in paragraph (2) of this subdivision the Department is not
				required to again take the releasee into custody under the same warrant and/or
				as may be related to the same revocation case, and the Department is not
				precluded by this subdivision from instead charging such violations in a parole
				revocation case subsequent to the conclusion of the current case, except that
				the Department may not request cancellation of the current case solely for
				purposes of pursuing such specified charges in a new revocation case.
(4) Where reincarceration has been imposed at
				the conclusion of a final parole revocation hearing, further detention pursuant
				to such warrant and consistent with the revocation decision is
				authorized.