New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8003 - Release Conditions › Section 8003.2 - Release conditions

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of the conditions of release, with the addition of any
				  special conditions, shall be given to each incarcerated person upon his or her
				  release to supervision. The conditions of release are as follows:
(1) I will proceed directly to the area to
				which I have been released and, within twenty-four hours or by the next
				available business day after my release, make my arrival report to the
				Community Supervision Office indicated below. I will make office and/or other
				reports thereafter as directed by my Parole Officer.
(2) I will not leave the State of New York or
				any other state to which I am released or transferred, or any area defined in
				writing by my Parole Officer without permission.
(3) I will not abscond from supervision,
				which includes intentionally avoiding supervision by failing to maintain
				contact or communication with my Parole Officer and failing to notify my
				assigned Parole Officer of a change in residence. Should I ever fail to
				maintain contact as required herein, I will cooperate with any efforts by my
				Parole Officer or other representative of the Department of Corrections and
				Community Supervision to have me re-engage in my supervision as
				directed.
(4) I will permit my
				Parole Officer to visit me at my residence, will permit the search and
				inspection of my person, residence and property, and will discuss any proposed
				changes in my residence, employment or program status with my Parole
				Officer.
(5) I will reply promptly,
				fully and truthfully to any inquiry of, or communication by, my Parole Officer
				or other representative of the Department of Corrections and Community
				Supervision.
(6) I will notify my
				Parole Officer any time I am in contact with, or arrested by, law enforcement.
				I understand, like every member of the public, I have a right to seek the
				assistance of law enforcement at any time.
(7) I will not act in concert with a person I
				know to be engaged in illegal activity.
(8) I will not behave in such a manner as to
				violate the provisions of any law to which I am subject which provides for a
				penalty of imprisonment, nor will my behavior threaten the health and safety of
				myself or others.
(9) I will not
				own, possess, or purchase a shotgun, rifle, or firearm of any type including
				any imitation firearm. I will not own, possess or purchase any deadly weapon or
				use any dangerous instrument, as those terms are defined under Article 10 of
				the Penal Law. Further, I will not possess a dangerous knife or razor without
				the permission of my Parole Officer.
(10) In the event that I leave the
				jurisdiction of the State of New York, I hereby waive my right to contest
				extradition to the State of New York from any state in the Union and from any
				territory or country outside the United States. This waiver shall be in full
				force and effect until I am discharged from community supervision. I fully
				understand that I have the right under the Constitution of the United States
				and under law to contest an effort to extradite me from another state and
				return me to New York, and I freely and knowingly waive this right as a
				condition of my community supervision.
(11) I will not use or possess any drug
				paraphernalia or use or possess any controlled substance without proper medical
				authorization.
(12) I will fully
				comply with the instructions of my Parole Officer.
(13) I will fully comply with those special
				conditions set by my Parole Officer, a Member of the Board of Parole or an
				authorized representative of the Board or the Department of Corrections and
				Community Supervision. I understand that special conditions are additional
				conditions, set on an individualized basis, meant to be reasonably tailored to
				my circumstances and aimed toward my rehabilitation. I will fully comply with
				the following special conditions:
The copy of the standard conditions shall also include the
				  following clause: I fully understand that a violation of any condition of
				  release in an important respect may result in the revocation of my period of
				  Community Supervision. I hereby certify that I understand and have received my
				  Certificate of Release to Community Supervision.
(14) I will personally appear at all
				recognizance hearings and parole revocation process hearings and appearances
				for which I may be the subject, including the appearances directed to be in
				response to a notice of violation, any preliminary and final parole revocation
				hearings, and any related adjourned or continuation appearances. I will also
				personally appear if so directed in regard to the service of any other notices
				related to revocation proceedings, including, but not limited to, the service
				of any preliminary and final hearing determinations. I understand that while I
				have a right to be present at any recognizance, preliminary or final hearing,
				my voluntary decision not to be present constitutes a forfeiture of such right
				and the matters may proceed in my absence including, but not limited to, a
				final revocation hearing which may result in the issuance of a decision
				therefrom revoking my release and directing my reincarceration.