New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 352 - Graduated Responses › Section 352.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
				  "Absconder" means a probationer who has failed to make his/her whereabouts
				  known for a period of 30 calendar days subsequent to his/her last failure to
				  report, or who has left the jurisdiction of the court without permission of the
				  court or probation officer with intent to evade supervision.
(b) The term "Court Notification Report"
				  means a written communication which is submitted by the Probation Department to
				  notify the proper court(s) of events relating to non-compliance with probation
				  conditions and/or rearrest(s).
(c)
				  The term "Declaration of Delinquency" means a court-approved tolling of the
				  period of the disposition or sentence of probation when the court has
				  reasonable cause to believe that a probationer has violated a condition or
				  conditions of probation.
(d) The
				  term "Graduated Responses" means a system of incentives, sanctions, and/or
				  referral to evidence-based services. The use of incentives/rewards should
				  include, but not be limited to encouragement by the probation officer, verbal
				  praise, letter of recognition, easing of restrictions, granting travel
				  requests, and decreased reporting requirements. The use of sanctions should
				  include, but not be limited to the imposition of progressively more severe or
				  restrictive actions for continued non-compliance such as increased
				  interventions and appearance at a departmental administrative hearing or court
				  for judicial admonishment.
(e) The
				  term "Reasonable cause" refers to the existence of evidence or information,
				  which appears reliable, disclosing facts or circumstances that a person has
				  violated a condition of probation and such evidence or information is
				  substantial enough to convince a person of ordinary intelligence, judgment and
				  experience that it is likely that such condition was violated and that such
				  person violated it.
(f) The term
				  "Revocation" means rescinding of the disposition or sentence of probation by
				  the court following the finding of a violation at a hearing.
(g) The term "Violation of probation" means a
				  failure to comply with the terms and conditions of probation supervision
				  imposed by the court (technical violation), or the commission of an offense
				  other than a traffic infraction.
(h) The term "Violation of Probation Petition
				  and Report" means a written document which is submitted by the Probation
				  Department to notify the court that a probationer has violated one or more
				  conditions of probation and to request immediate response from the court. It
				  shall include a description of the alleged violation or violation(s) of
				  probation, the facts and/or evidence to support the allegation(s) against the
				  probationer, summary of the probationer's adjustment to probation supervision,
				  and a recommendation in accordance with law.
(i) The term "Warrant" means a violation of
				  probation or probation warrant.