New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8000 - General Provisions › Section 8000.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Subtitle:
(a)
Board
means the State
				Board of Parole in the Department of Corrections and Community
				Supervision.
(b)
Department
means the Department of Corrections and Community
				Supervision.
(c)
Board
				member
means a member of the State Board of Parole.
(d)
Chairman, Chairwoman or
				Chairperson
means a member of the State Board of Parole who is
				designated by the Governor to serve in that capacity.
(e)
Community Supervision
means the supervision of individuals released into the community on presumptive
				release, parole, conditional release, post release supervision or medical
				parole.
(f)
Releasee
means a person released into the community on
				presumptive release, parole, conditional release, post release supervision or
				medical parole or received under the Uniform Act for out-of-state parolee
				supervision.
(g)
Final
				revocation hearing
means a hearing to determine whether a person
				released on community supervision has violated one or more of the conditions of
				release in an important respect. (h) Preliminary hearing means a hearing to
				determine whether there is a preponderance of the evidence to believe that a
				person on parole or conditional release has violated one or more of the
				conditions of release in an important respect.
(i)
Hearing officer
means an
				employee of the Department authorized to conduct revocation proceedings who,
				pursuant to section 259-d  of the
				Executive Law, is appointed by the chairperson and reports directly to the
				Board.
(j)
Administrative
				Law Judge
means a hearing officer authorized to conduct both
				preliminary and final revocation hearings.
(k)
Preliminary Hearing
				Officer
means a hearing officer authorized to conduct preliminary
				revocation hearings.
(l)
Adversary officer
means an employee of the Department who may
				represent the Department at preliminary or a final revocation hearing. A parole
				officer, senior parole officer, area supervisor, or parole revocation
				specialist or other employee designated by the Department may act as an
				adversary officer.
(m)
Parole officer
means an employee of the Department whose
				duties may include but are not limited to the supervision of persons on parole
				or conditional release, performance of nonclerical duties in institutions, and
				the representation of the Department at preliminary and final revocation
				hearings.
(n)
Designated
				officer
means any officer of the Department whom the board has
				designated to issue and sign a warrant for the retaking and detention of any
				releasee or to approve a notice of violation for prosecution.
(o)
Final declaration of
				delinquency
means a declaration of delinquency issued by the board
				where a releasee has been convicted of a new felony committed while under their
				present community supervision and a new indeterminate or determinate sentence
				has been imposed. The issuance of a final declaration of delinquency eliminates
				the necessity for revocation hearing.
(p)
Filed
means received at
				the appropriate office of the Board or Department.
(q)
Violation of a term of
				release
means conduct, including one or more acts or omissions, by a
				releasee which amounts to (1) a failure to comply with a condition of community
				supervision; or (2) a felony or misdemeanor offense.
(r)
Non-technical violation
means a violation of a term of release which is either:
(1) the commission of a new felony or
				misdemeanor offense; or
(2) conduct
				by a releasee who is serving a sentence for an offense defined in article 130
				of the Penal Law or section
				255.26 or
				255.27 of such law which violated a
				specific condition reasonably related to such offense and efforts to protect
				the public from the commission of a repeat of such offense.