New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8004 - Revocation Process › Section 8004.3 - Report to the Board Required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where 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, or has in the
				Board or Department's discretion been supervised as a sex offender, is arrested
				for a new felony or misdemeanor offense, the parole officer having charge of
				such releasee shall cause an investigation to be made into the facts and
				circumstances surrounding that arrest and into the status of the criminal case,
				and shall submit a report in writing to a Board member. The report shall
				include or be accompanied by a recommendation from a designated officer holding
				the title of supervising parole officer or higher. Upon review of such report
				and recommendation, a Board member may approve of prosecution of the charges
				and direct that a notice of violation or warrant for retaking and temporary
				detention be issued if a notice or warrant has not already been issued by a
				designated officer.
(b) Where any
				releasee who is serving a sentence for an offense under articles 120, 125, 130,
				135, 160, 230, 235, 255, 263, 265, 485 or 490 of the Penal Law, or who was
				granted early conditional parole for deportation only or conditional parole for
				deportation only, is arrested for a new felony offense defined under any of the
				aforementioned articles in this subdivision, the parole officer having charge
				of such releasee shall cause an investigation to be made into the facts and
				circumstances surrounding that arrest and into the status of the criminal case,
				and shall submit a report in writing to a Board member. The report shall
				include or be accompanied by a recommendation from a designated officer holding
				the title of supervising parole officer or higher. Upon review of such report
				and recommendation, a Board member may approve of prosecution of the charges
				and direct that a notice of violation or warrant for retaking and temporary
				detention be issued if a notice or warrant has not already been issued by a
				designated officer.
(c) The report
				pursuant to subdivisions (a) or (b) of this section shall be submitted
				consistent with the standard of probable cause set forth in section
				8004.2  of this Part and should
				include charges relating to the releasee's non-criminal conduct violative of
				the conditions of release in an important respect, if there is any such conduct
				ascertainable at that time and where such inclusion would not cause undue
				delay. The decision to issue a notice of violation or warrant for retaking and
				temporary detention pursuant to this section remains discretionary and any
				issuance of a notice of violation or warrant may, subject to the further
				requirements of this Part and Part 8005 of this Title, proceed notwithstanding
				there being insufficient evidence available to prosecute alleged criminal
				conduct in revocation proceedings.
(d) The provisions of this section shall not
				create or confer any new or additional right in favor of the releasee, and
				non-compliance 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 dismissal of a
				parole revocation case.