New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.9 - Recognizance Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Following
				execution of a parole warrant, for any releasee remaining in custody pursuant
				to such warrant, a recognizance hearing will be held. The recognizance hearing
				shall be presided over by a court of law as set forth in subdivision (b) of
				this section and the conduct of such hearing is the responsibility of that
				court. Except as provided in paragraph (3) of subdivision (b) of this section,
				the recognizance hearing may not be combined with any other proceeding nor
				shall the court decide any subject other than the issue of release on
				recognizance in regard to the parole warrant.
(b) The releasee for whom a recognizance
				hearing must be held will be presented for such hearing as follows:
(1) For any releasee alleged to have
				committed a violation of a condition of release in an important respect in the
				city of New York, the authorized officer shall present the releasee to the
				criminal court of the city of New York or the supreme court criminal term in
				the county where the violation is alleged to have been committed for a
				recognizance hearing within twenty-four hours of the execution of the warrant.
				If no such court of record is available to conduct any business of any type
				within twenty-four hours of the execution of the warrant, the recognizance
				hearing shall commence on the next day such a court in the jurisdiction is
				available to conduct any business of any type.
(2) For any releasee alleged to have
				committed a violation of a condition of release in an important respect outside
				of the city of New York, the authorized officer shall present the releasee to a
				county court, district court or city court in the county or city where the
				violation is alleged to have been committed for a recognizance hearing. If no
				such court of record is available to conduct any business of any type within
				twenty-four hours of the execution of the warrant, the recognizance hearing
				shall commence on the next day such court is available to conduct any business
				of any type.
(3) If the violation
				charge or charges involve conduct that would constitute a new felony or
				misdemeanor offense, such recognizance hearing may be held at the same time as
				a proceeding pursuant to Article 530 of the Criminal Procedure Law for any
				warrant issued by the Department prior to such proceeding. If at the proceeding
				pursuant to Article 530 of the Criminal Procedure Law the court imposes bail on
				the new alleged criminal offense or commits the releasee to the custody of the
				sheriff pursuant to such article and the releasee secures release by paying
				bail or under non-monetary conditions or by operation of law, then the releasee
				shall not be detained further based solely on the warrant issued by the
				Department. If the Department issues a warrant for a non-technical violation
				for alleged criminal conduct that has already been the subject of a court's
				order pursuant to Article 530 of the Criminal Procedure Law, then within
				twenty-four hours of execution of the warrant the releasee shall be provided a
				recognizance hearing, provided, however, that if no court as provided in this
				section is available to conduct any business of any type within twenty-four
				hours of the execution of the warrant, then the recognizance hearing shall
				commence on the next day such court is available to conduct any business of any
				type.
(4) Authorized officer shall
				mean the superintendent or other person in charge of the jail, penitentiary,
				lockup or detention pen in which the releasee was detained under the authority
				of the parole warrant, or their authorized staff. In its discretion, however,
				the Department may permit other peace officers to function as authorized
				officers for this purpose.
(5) The
				time within which the authorized officer is to present the releasee for
				purposes of a recognizance hearing and in which to commence such hearing shall
				be extended where reasonable to ensure that such releasee is presented to the
				appropriate court as identified in paragraphs (1) and (2) of this
				subdivision.
(6) Where the
				releasee's custody is pursuant to the parole warrant and they are not detained
				in the county within which the violations are alleged to have occurred, except
				as may otherwise be deemed appropriate by the Board or Department due to case
				specific circumstances, execution of the warrant shall not be deemed completed
				within the meaning of this section until their known reception in the
				appropriate county, provided however, that for releasees detained pursuant to a
				parole warrant within the city of New York, the warrant may be deemed executed
				upon their exclusive and known custody pursuant to such warrant within any
				county therein.
(7) The failure of
				the authorized officer to present the releasee within the periods set forth in
				this paragraph shall have no effect on the validity of the parole warrant or
				the parole violation charges and shall not in itself require release, but may
				provide basis for an application to a court of law, on notice to the Department
				and Board of Parole, for an order compelling the appropriate
				production.