New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.21 - Relevant Nonprofit Service Providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a
				  nonprofit service provider has demonstrated to the satisfaction of the Board
				  and Department that it is currently capable of offering relevant
				  community-based services to releasees, it may be permitted to attend
				  preliminary and final parole revocation hearings where there is no disruption
				  to the proceedings and the health and safety of any participant or of the
				  provider's representatives is not otherwise threatened. The nonprofit service
				  provider shall not be considered a party to the revocation proceedings and
				  shall have no independent right to participate therein.
(b) The presiding officer at a final parole
				  revocation hearing may, in their discretion, permit the releasee or their
				  counsel to communicate with the nonprofit service provider during a reasonable
				  recess of the proceeding where the communications are expected to aid in
				  ascertaining an appropriate revocation disposition, including, but not limited
				  to, any relevant conditions of release that might be a part thereof. It is
				  assumed, however, that communications between the releasee or their counsel and
				  the nonprofit service provider may freely occur outside of the time of such
				  proceedings without direction and involvement of the presiding officer or any
				  other employee of the Board or Department.
(c) The presiding officer at a final parole
				  revocation hearing may, in their discretion, permit a representative of the
				  provider to directly offer, on or as a part of the record, case-specific
				  information regarding relevant community-based services that such provider is
				  willing to provide and is currently capable of providing to the releasee who is
				  the subject of the proceeding. Nothing within this subdivision shall prohibit
				  such information from being offered by a party at a final hearing.
(d) In determining whether a nonprofit
				  service provider is currently capable of offering relevant community-based
				  services to releasees within the meaning of this section, the Board and
				  Department may consider any relevant information including, but not necessarily
				  limited to, the provider's verifiable services and resources, record with
				  respect to delivering such services successfully, history of cooperating with
				  and providing timely information to the Board and Department, history of
				  compliance with subpoenas, and responses to any inquiries made of them by the
				  presiding officer or any party in any revocation proceedings.
(e) The provisions of this section shall not
				  create or confer any new or additional right in favor of the releasee, and
				  noncompliance with any such provisions shall not be a basis for the vacating of
				  a notice of violation or warrant, or for any other form of challenge to or
				  dismissal of the revocation case.