New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter II - Conditional Release › Part 363 - Conditional Release Supplemental Investigations › Section 363.3 - Rules for investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Receipt of request. The receipt of such request shall be entered in a
				  departmental log that includes at least the date received, the name of the
				  person subject to the investigation, final conviction charge/finding,
				  anticipated release decision date and the name of the investigating officer
				  assigned to do the investigation and prepare the report. The probation
				  department shall make arrangements with the Conditional Release Commission
				  regarding timely submission of the supplemental report.
(b) Scope. The results of such investigation
				  together with all other information compiled by the local correctional facility
				  and the complete legal history of such inmate shall be readily available when
				  the conditional release of such inmate is being considered. Such information
				  shall include 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 such inmate was sentenced, the name
				  of the judge and district attorney and copies of such probation reports as may
				  have been made as well as any reports as to the inmate's social, physical,
				  mental and psychiatric condition and history.
(c) Conducting the investigation. Following
				  the receipt of a Conditional Release Commission request, the probation officer
				  shall:
(1) Gather and review all previously
				  prepared investigation reports.
(2)
				  Supplement previously prepared reports with verified material in order to
				  ensure that all required information, as stated below (see: Content of the
				  Report) is made available to the Conditional Release Commission for release
				  decisionmaking.
(3) Wherever a
				  local probation director determines it is feasible, an in-person interview with
				  the inmate should be conducted.
(i) Any
				  interviews shall be directed toward obtaining and clarifying relevant
				  information and making observations of the inmate's current behavior,
				  attitudes, character and reasons for conditional release.
(ii) During any interview, the inmate shall
				  be given a release of information form to sign in accordance with local
				  policies and procedures and consistent with any applicable law.
If an in-person interview is not conducted, the assigned
					 probation officer should attempt to clarify any relevant information and obtain
					 information as to the inmate's current behavior, attitudes, character and
					 reasons for conditional release either through telephone or written
					 communication.
(4) Contact the sentencing court and
				  prosecuting attorney for recommendations of the conditional release
				  decision.
(5) Consider available
				  community resources and their applicability to the inmate in arriving at any
				  recommendations.
(6) Verification.
(i) Material information shall be verified
				  whenever feasible and appropriate to the release decision. Auxiliary personnel
				  may be utilized to conduct the verification process, except where the
				  professional skill or judgement of the probation officer is required.
(ii) All verified information in the
				  supplemental report shall be documented, including method, source, by whom
				  obtained, and date.
(iii) The
				  following information shall be verified:
(a)
				  planned living arrangements; specifically, where and with whom the inmate will
				  reside upon release;
(b)
				  anticipated employment, including name of employer and position to be held upon
				  release;
(c) treatment providers
				  pertaining to conditions of release;
(d) any other factor deemed relevant by the
				  investigating probation officer; and
(e) and any matter which the Conditional
				  Release Commission directs to be included.
(iv) Where such information has not been
				  previously verified during the preparation of presentence or pre-plea reports,
				  every effort shall be made to verify the following:
(a) date of birth of eligible
				  inmate;
(b) legal
				  history;
(c) instant
				  offense;
(d) the existence of any
				  undischarged restitution orders or surcharges, including the amount ordered,
				  the manner of payment, and outstanding balance;
(e) the existence of any outstanding warrants
				  or indictments and their current status;
(f) mental and physical health; and
(g) current educational level and
				  status.