New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8002 - Parole Release › Section 8002.5 - Rescission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After an inmate
				has received a parole release date, situations may arise which would cause the
				board to reconsider its decision to grant parole release. The process for
				reconsideration of a parole release date shall be governed by the procedure
				outlined in this section.
(b)
				Rescission procedure.
(1) Whenever it shall
				come to the attention of the senior parole officer or the parole officer in
				charge of an institutional parole office that there may be a basis for board
				reconsideration of a parole release date, said officer may temporarily suspend
				the inmate's release date.
(2)
				Events which may cause the temporary suspension and rescission of a parole
				release date shall include, but not be limited to:
(i) significant information which existed, or
				significant misbehavior which occurred prior to the rendition of the parole
				release decision, where such information was not known by the board;
				or
(ii) case developments which
				occur subsequent to the board's rendition of its decision to grant release:
(a) significant misbehavior or a major
				violation of facility rules;
(b)
				escape or absconding or removal from temporary release;
(c) substantial change in the inmate's mental
				and/or emotional condition which results in commitment to a psychiatric
				center;
(d) imposition of an
				additional definite sentence;
(e)
				imposition of an additional indeterminate sentence or the resentence of the
				inmate on the underlying indictment or superior court information to an
				indeterminate term where the minimum period of imprisonment of such term
				exceeds that of the pre-existing minimum term; and
(f) substantial change in the inmate's status
				in relation to any of the factors for consideration denoted in Executive Law,
				section
				259-i(2)(c).
(3) Subsequent to the
				temporary suspension of the inmate's release date, the parole officer shall, as
				soon as practicable, notify the inmate in writing of the suspension. The parole
				officer having charge of the inmate shall thereafter commence an investigation
				into the circumstances surrounding the basis for the temporary suspension, and
				shall prepare a rescission report delineating the results of said
				investigation. Said report shall be submitted to a member of the board as soon
				as practicable.
(4) Upon review of
				the rescission report, a member of the board shall order:
(i) that the inmate be held for a rescission
				hearing; or
(ii) that the inmate's
				release date be reinstated, except that where the board's reinstatement occurs
				subsequent to the date originally established for release, the board shall
				order that release occur as soon after reinstatement as practicable;
				or
(iii) for any case involving the
				imposition of an additional indeterminate sentence or a resentence pursuant to
				clause (2)(ii)(e) of this subdivision, that the release date be rescinded and
				the inmate scheduled to appear before a panel of the Board of Parole at least
				one month prior to the expiration of the new or aggregated minimum period of
				imprisonment as calculated by the inmate records coordinator. Written notice of
				a rescission decision rendered pursuant to this paragraph shall be sent to the
				inmate, and shall state the reason for rescission.
(5) When a rescission hearing is ordered by
				the board, the inmate shall be presented with a copy of the rescission report
				and a notice of rescission hearing. The notice of rescission hearing shall be
				presented to the inmate not less than seven days prior to the scheduled date of
				the rescission hearing and shall inform the inmate of the following:
(i) the date and place of hearing;
(ii) the specific allegations which will be
				considered at the hearing;
(iii)
				the inmate's rights at the final hearing, which include:
(a) the right to be represented by
				counsel;
(b) the right to appear
				and speak on his own behalf; to present witnesses and introduce documentary
				evidence; and
(c) the right to
				confront and cross-examine adverse witnesses, unless he has been convicted of a
				crime for which an additional sentence has been imposed or unless a majority of
				the members of the Board of Parole conducting the hearing find good cause in
				the record for the nonattendance of a witness.
(6) An attorney who represents an inmate at a
				rescission hearing shall file a notice of appearance with the parole officer in
				charge of the institutional parole office where the inmate is
				incarcerated.