reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.15 - Presiding Officers at Final Revocation Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Presiding
				  officers at final revocation hearings shall be administrative law judges, as
				  defined in section
				  8000.2(j)  of this
				  Title.
(b) Such presiding officer
				  shall have had no prior supervisory involvement with the alleged
				  violator.
(c) A Board member may
				  act as a presiding officer at a final hearing.
(d) The presiding officer at a final hearing
				  is authorized to:
(1) administer oaths and
				  affirmations;
(2) sign and issue
				  subpoenas and subpoenas duces tecum, as regulated by the Civil Practice Law and
				  Rules; and
(3) conduct final
				  revocation hearings and provide for adjournments thereof.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.16 - Party representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An alleged
				  violator is entitled to representation by an attorney at a final revocation
				  hearing.
(b)
(1) An attorney who represents an alleged
				  violator shall promptly file a notice of appearance with the hearing
				  coordinator at the local area office having responsibility for the supervision
				  of said alleged violator, except that:
(i)
				  for those alleged violators incarcerated at a jail located within New York
				  City, the notice of appearance shall be filed with the Parole Violation Unit of
				  the New York State Department of Corrections and Community Supervision;
				  and
(ii) for those alleged
				  violators incarcerated at a jail located within the counties of Dutchess,
				  Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester, the notice of
				  appearance shall be filed with the New York State Department of Corrections and
				  Community Supervision, Hudson Valley Region Parole Violation Unit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.17 - Scheduling of the Final Revocation Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The final
				  revocation hearing shall be scheduled to take place according to the rules
				  provided in this section, and other sections of this Part and Part 8004 of this
				  Title as may be relevant to reasonably ensure substantial compliance with the
				  Executive Law. Generally:
(1) Where a notice
				  of violation has been issued but no parole warrant was issued, the final
				  hearing shall be scheduled to occur within 45 days of issuance of the notice.
				  Issuance of the notice of violation within the meaning of this paragraph occurs
				  when the releasee has been served with such notice and:
(i) has appeared as directed in response to a
				  notice of violation; or
(ii) has
				  appeared in response to a notice of violation within forty-eight hours of the
				  directed time, but otherwise as directed. In a case that has been properly
				  identified as a technical violation case in which no period of reincarceration
				  may be imposed, if the releasee did not appear as described in paragraph (2) of
				  subdivision (d) of section
				  8004.6  of this Title, no final
				  hearing is to be scheduled.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.18 - Notice of Final Revocation Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The alleged
				  violator and an attorney who has filed a notice of appearance in accordance
				  with rules of the Board shall be given written notice of the date, place and
				  time of the final revocation hearing. Such notice shall occur at the conclusion
				  of the preliminary revocation hearing where a preponderance of the evidence has
				  been found, upon the waiver of such hearing or earlier. Additional or revised
				  notice thereafter is timely where it is in reasonable advance of the final
				  hearing under the totality of the circumstances.
(b) Notice to the alleged violator shall also
				  include notice of the purpose of the final hearing, a statement of the
				  conditions of release that are alleged to have been violated and in what
				  manner, and identification of the alleged violator's rights at a final
				  revocation hearing, which are those listed in subdivision (c) of section
				  8004.4  of this Title and include a
				  right to present mitigating evidence relevant to the possible restoration to
				  supervision
(c) Notice to the
				  alleged violator shall include the name and contact details for institutional
				  defenders or assigned private counsel, as the case may be, except that such
				  notice is not required where an attorney has filed a notice of appearance in
				  the matter or representation by counsel has otherwise been
				  established.
(d) The notice to the
				  alleged violator required by this section may be provided through the notice of
				  violation, violation of release report or other documents, and nothing herein
				  shall be construed as requiring duplicate notice, or written notice of
				  adjourned or continuation dates where such information has been adequately
				  conveyed to the releasee or counsel on the record.
(e) As far as practicable or feasible, any
				  additional documents having been collected or prepared that support the
				  violation charges shall be delivered to the releasee but need not be included
				  with the notice in regard to the final hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.19 - Conduct of the Final Revocation Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the final
				  revocation hearing, the presiding officer shall read the charges unless such
				  reading is waived. The alleged violator shall be sworn as provided by law. The
				  alleged violator shall plead not guilty, guilty, guilty with an explanation, or
				  stand mute with respect to each of the charges.
(b) If the alleged violator pleads guilty or
				  guilty with an explanation, the presiding officer shall direct the presentation
				  of evidence, if any, with respect to mitigation of the violations and
				  restoration to parole.
(c) All
				  persons giving evidence at the hearing shall be sworn by the presiding officer
				  in accordance with law.
(d) If the
				  alleged violator pleads not guilty or elects to stand mute, the presiding
				  officer shall direct the presentation of evidence with respect to each charge.
				  At the conclusion of each witness' testimony, the presiding officer shall allow
				  for the cross-examination of the witness. Evidence of mitigating circumstances,
				  or in defense to the charges, shall be admitted after presentation of all
				  evidence in support of a violation of parole, and in the same manner as
				  evidence with respect to each charge.
(e) The standard of proof at a final
				  revocation hearing is clear and convincing evidence adduced at the hearing in
				  support of a charge that the alleged violator has violated one or more of the
				  conditions of their release in an important respect.
(f) Conduct that formed the basis of a
				  criminal arrest shall not form a basis of a sustained parole violation if a
				  court has, prior to the final hearing, adjudicated that criminal matter with an
				  acquittal, adjournment in contemplation of dismissal, or violation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8005 - Revocation Hearings › Final Revocation Hearings › Section 8005.20 - Final revocation hearing determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				  the presiding officer is not satisfied that there is clear and convincing
				  evidence in support of any of the violation charges, they must dismiss the
				  charges and restore the releasee to supervision.
(b) If the presiding officer is satisfied
				  that there clear and convincing evidence in support of a violation charge or
				  charges, and that the alleged violator violated one or more of the conditions
				  of release in an important respect, they shall so find.
(c) Where one or more charges of violation
				  are sustained pursuant to subdivision (b) of this section, the presiding
				  officer shall revoke the violator's release. Upon a decision to revoke the
				  violator's release and following consideration of relevant mitigating and
				  aggravating factors as set forth in subdivision (g) of this section, the
				  presiding officer may:
(1) restore such
				  violator to supervision, and in their discretion impose conditions directly
				  related to such restoration, including but not limited to direction that the
				  releasee cooperate with re-entry services provided in the community by a
				  qualified non-profit agency; or (2) where reincarceration is permitted, impose
				  one or more time assessments. The presiding officer shall impose the least
				  restrictive reasonable sanction.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8006 - Appeals › Section 8006.2 - Taking of the appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The appeal
				shall be perfected within four months of the date of filing of the notice of
				appeal, unless an extension is granted by the appeals unit for good cause
				shown. A request for an extension must be in writing, to the appeals unit, and
				must be received prior to the final date assigned for the perfection of the
				appeal.
(b) An appeal is perfected
				by the filing with the appeals unit of an original and two copies of a brief,
				letter or other written document that shall state the rulings challenged and
				shall explain the basis for the appeal.
(c) Each appeal will be reviewed and decided
				on the basis of the written record. A personal appearance and/or oral argument
				is expressly prohibited.
(d) Upon
				the taking of an appeal, an incarcerated person/violator may be represented by
				counsel. Counsel for an appellant shall file a notice of appearance with the
				appeals unit, and such notice shall identify the appellant by name and State
				identification number. Only one appellant shall be named on any notice of
				appearance.
(e) Once counsel has
				entered an appearance on behalf of an incarcerated person/violator, the appeals
				unit will not entertain correspondence from the incarcerated person/violator
				concerning any aspect of the appeal, unless and until notice is received that
				counsel has been relieved of the assignment.
(f) If, after the expiration of four months
				or any period of extension that may have been granted, the appeal is not
				perfected, it will automatically be dismissed with prejudice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8006 - Appeals › Section 8006.3 - Questions on Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				following questions may be raised on appeal from a minimum period of
				imprisonment or release proceeding:
(1)
				whether the proceeding and/or determination was in violation of lawful
				procedure, was affected by an error of law, was arbitrary and capricious or was
				otherwise unlawful;
(2) whether the
				board member or members making the determination relied on erroneous
				information as shown in the record of the proceeding, or relevant information
				was not available for consideration;
(3) whether the determination made was
				excessive.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8006 - Appeals › Section 8006.4 - Determination of the Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A properly
				perfected appeal will be reviewed by the appeals unit, which will thereafter
				take one of the following actions:
(1) where,
				in an appeal of a release denial, or in an appeal of a revocation determination
				wherein the only issue presented relates to the length or propriety of a time
				assessment imposed, the appeals unit determines that the appeal is moot based
				upon the release or imminent release from custody of the appellant, the appeals
				unit will so notify the appellant or counsel therefor of such determination,
				and said notification will terminate the appeal; or
(2) in all other cases the appeals unit will
				issue written findings of fact and/or law, and recommend disposition of the
				appeal. The written findings and recommendation of the appeals unit shall
				thereupon be mailed to the incarcerated person/violator or, where the appellant
				was represented by counsel, to the counsel for appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8007 - Discharge From Parole Or Conditional Release › Section 8007.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
Discharge of a releasee shall be as provided by law. Since
				  administrative procedures have been established for submission of appropriate
				  cases to the board as eligibility for discharge is reached, the board and
				  members of its staff shall not, under any circumstances, entertain requests for
				  such discharge from a releasee or from others on his behalf.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part, in conjunction with section
				  8000.5  of this
				  Subtitle, shall govern the privacy of case records in addition to delineating
				  the procedures governing the availability, location and nature of those records
				  of the division releasable to the public pursuant to Article 6 of the Public
				  Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions, in addition to those contained in
				  Part 8000 of this Subtitle, shall be applicable to both this Part and Part
				  8000.
(a) The term case record means
				any memorandum, document or other writing pertaining to a present or former
				inmate, parolee, conditional releasee or other releasee, and maintained
				pursuant to sections 259-a (1)-(3) and
				259-c (3)  of the Executive
				Law.
(b) The term record or records
				means any memorandum, document, tabulation or other writing, other than a case
				or employee record, maintained by the division.
(c) The term employee record means any
				document, report or other writing pertaining to a board member or division
				officer or employee and constituting part of such person's employment history
				folder.
(d) The term statistical
				tabulation means a collection or orderly presentation of numerical data
				logically arranged in columns and rows, or graphically.
(e) The term factual tabulation means a
				collection of statements of objective information, logically arranged, which is
				empirically derived and reflects objective reality, actual existence or an
				actual occurrence.
(f) The term
				workday means any day except Saturday, Sunday, a public holiday or, with
				respect to a particular office of the division, a day on which that office is
				otherwise closed for general business.
(g) The term records access officer means the
				public information officer of the division, or such other officer or employee
				designated by the chairman to receive and respond to inquiries for access to
				division records.
(h) The term
				subject matter list means a current list of all records maintained by the
				division on or after January 1, 1978, except case and employee records,
				regardless of whether the documents denoted on such list are available to the
				public.
(i) The term counsel means
				the counsel to the division and any designated member of the counsel's
				staff.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.3 - Records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				records access officer of the division is the Public Information Officer,
				Division of Parole, 1450 Western Avenue, Albany, N.Y. 12203. The records access
				officer shall receive requests at the above location during any workday between
				the hours of 9 a.m. and 4 p.m. All requests for records shall be made in
				writing and shall describe, in reasonable detail, the records sought. The
				records access officer:
(1) shall maintain a
				current master subject list, sufficiently detailed to permit identification of
				the category of the record sought;
(2) shall, if necessary, assist the person
				requesting records in identifying the records requested. If the request is for
				payroll information, the records access officer shall refer the request to the
				person charged with certifying the division's payroll;
(3) shall search for the records requested,
				and if he is unable to locate them, he shall:
(i) certify that the division is not the
				custodian of the record requested; or
(ii) certify that, although the division is
				the custodian of the record requested, the record cannot be found after a
				diligent search;
(4)
				shall determine, after locating the records, that:
(i) the record is available for public
				inspection and make it available for inspection and/or copying;
(ii) the record is not available for public
				inspection, for reasons to be provided in writing, and deny access
				accordingly;
(5) may
				waive, at his discretion, any formality prescribed by this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.4 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				central office director and unit supervisor; every senior parole officer, or
				parole officer in charge, of an institution; and every director and area
				supervisor of a parole area office shall be a custodian of records pursuant to
				this Part. Every custodian of records shall maintain an up-to-date subject
				matter list, reasonably detailed, of all records emanating from the custodian
				or the office represented by the custodian.
(b) The records access officer shall maintain
				a master list of all records maintained by the division. The master list shall
				be comprised of the subject matter lists kept by all custodians of
				records.
(c) Each subject matter
				list and the master list shall be sufficiently detailed to permit
				identification of the record.
(d)
				Every subject matter list maintained by each custodian, and the master list
				maintained by the records access officer, shall be updated not less than twice
				each year. The most recent update shall appear on the first page of the subject
				matter list.
(e) The records access
				officer shall make the master subject matter list available for inspection and
				copying. Any person desiring a copy of any subject matter list may request such
				in writing. Upon payment of the appropriate fee, a copy of the appropriate
				subject matter list shall be mailed or delivered.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.5 - Procedures for requesting and obtaining records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Manner of making requests.
(1) A request for access for division
				records, except case records which are governed by section
				8000.5  of this
				Subtitle, shall be made in writing to the records access officer.
(2) A request for access to records should
				reasonably describe the record sought.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.6 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For records
				which can be photocopied, there shall be a charge of 25 cents per page for
				photocopies, not exceeding 81/2 by 14 inches in size.
(b) There shall be no fee charged for:
(1) inspection of records;
(2) search for records;
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access to records shall be in
				writing and shall:
(1) state the reasons for
				denial;
(2) advise the requestor of
				his right to appeal the denial to the counsel of the division; and
(3) advise the requestor that he must apply
				for an appeal within 30 days of the receipt of the denial of access.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				whose request for records has been denied may appeal the denial to the Counsel,
				New York State Division of Parole, 1450 Western Avenue, Albany, NY
				12203.
(b) All requests for appeals
				shall be in writing and must be mailed or submitted within 30 days of the
				receipt of the denial.
(c) A
				request for an appeal shall include:
(1) the
				date and location of a request for records;
(2) identification of the records, access to
				which was denied; and
(3) the name
				and return address of appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8008 - Public Access To Records › Section 8008.9 - Committee on Public Access to Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall transmit copies of all
				requests for appeals, on receipt of the request, to the Committee on Public
				Access to Records, Department of State, 41 State Street, Albany, NY
				12231.
(b) The division shall
				transmit decisions of appeals to the Committee on Public Access to Records
				within seven workdays of the receipt of a request for an appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				responsibility and the intent of the Division of Parole (the division) to fully
				comply with the provisions of article 6-A of the Public Officers Law, the
				Personal Privacy Protection Law.
(b) The agency shall maintain in its records
				only such personal information that is relevant and necessary to accomplish a
				purpose of the agency that is required to be accomplished by statute or
				executive order, or to implement a program specifically authorized by
				law.
(c) Personal information will
				be collected, whenever practical, directly from the person to whom the
				information pertains.
(d) The
				division seeks to ensure that all records pertaining to or used with respect to
				individuals are accurate, relevant, timely and complete.
(e) This Part provides information regarding
				the procedures by which members of the public may assert rights granted by the
				Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.2 - Designation of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive director for the division
				is hereby designated privacy compliance officer, and is responsible for
				ensuring that the agency complies with the provisions of the Personal Privacy
				Protection Law and the regulations herein and for coordinating the agency's
				response to requests for records or amendment of records.
(b) The address and telephone number of the
				privacy compliance officer is: New York State Division of Parole, 97 Central
				Avenue, Albany, NY 12206, telephone (518) 473-9653.
(c) The privacy compliance officer and/or his
				designees are responsible for:
(1) assisting
				a data subject in identifying and requesting personal information, if
				necessary;
(2) describing the
				contents of systems of records orally or in writing in order to enable a data
				subject to learn if a system of records includes a record or personal
				information identifiable to a data subject requesting such record or personal
				information;
(3) taking one of the
				following actions upon locating the record sought:
(i) make the record available for inspection,
				in a printed form without codes or symbols, unless an accompanying document
				explaining such codes or symbols is also provided;
(ii) permit the data subject to copy the
				record; or
(iii) deny access to the
				record in whole or in part and explain in writing the reasons
				therefor;
(4) making a
				copy available, upon request, upon payment of or offer to pay established fees,
				if any, or permitting the data subject to copy the record; and
(5) upon request, certifying that a copy of a
				record is a true copy; or
(6)
				certifying, upon request, that:
(i) the
				division does not have possession of the record sought;
(ii) the division cannot locate the record
				sought after having made a diligent search; or
(iii) the information sought cannot be
				retrieved by use of the description thereof, or by use of the name or other
				identifier of the data subject without extraordinary search methods being
				employed by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				a request is made in person, or when records are made available in person
				following a request made by mail, the agency may require appropriate
				identification, such as a driver's license or an identifier assigned to the
				data subject by the division, or similar appropriate identification.
(b) When a request is made by mail, the
				division may require verification of a signature or inclusion of an identifier
				generally known only by a data subject, or similar appropriate
				identification.
(c) Proof of
				identity shall not be required regarding a request for a record assessable to
				the public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall
				be made available at the main office of the agency, which is located at 97
				Central Avenue, Albany, NY 12206.
(b) Whenever practicable, records shall be
				available at a regional office most convenient to a data subject.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.5 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall accept requests for records and produce
				  records during regular business hours, which are 9 a.m. to 4 p.m., Monday
				  through Friday.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.6 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				requests shall be made in writing.
(b) A request shall reasonably describe the
				record sought. Whenever possible, the data subject should supply identifying
				information that assists the division in locating the record sought.
(c) Request based upon categories of
				information described in a notice of a system of records or a privacy impact
				statement shall be deemed to reasonably describe the record sought.
(d) Within five business days of receipt of a
				request for a record reasonably described, the division shall:
(1) provide access to the record;
(2) deny access in writing, explaining the
				reasons therefor; or
(3)
				acknowledge the receipt of the request in writing, stating the approximate date
				when the request shall be granted or denied, such date not to exceed 30 days
				from the date of acknowledgment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.7 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 business days of a request from a data subject for
				  correction or amendment of a record or personal information that is reasonably
				  described and that pertains to the data subject, the division shall:
(a) make the amendment or correction in whole
				or in part and inform the data subject that, on request, such correction or
				amendment will be provided to any person or governmental unit to which the
				record or personal information has been or is disclosed pursuant to paragraph
				(d), (i) or (l) of section 96 (1)  of the Public Officers
				Law; or
(b) inform the data subject
				in writing of its refusal to correct or amend the record, including the reasons
				therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.8 - Denial of request for a record or amendment or correction of a record or personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of a request for records or amendment or correction of a record or
				personal information:
(1) shall be in
				writing, explaining the reasons therefor; and
(2) identifying the person to whom an appeal
				may be directed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.9 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record or
				personal information pursuant to section
				8009.8 
				of this Part may, within 30 days of such denial, appeal to the counsel of the
				Division of Parole.
(b) The time
				for deciding an appeal shall commence upon receipt of a request that
				identifies:
(1) the date and location of a
				request for a record or amendment or correction of a record or personal
				information;
(2) the record that is
				the subject of the appeal; and
(3)
				the name and return address of the appellant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.10 - Statement of disagreement by the data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If correction or amendment of a record or
				personal information is denied in whole or in part upon appeal, the
				determination rendered pursuant to the appeal shall inform the data subject of
				the right to:
(1) file with the division a
				statement of reasonable length setting forth the data subject's reasons for
				disagreement with the determinations; and
(2) request that such a statement of
				disagreement be provided to any person or governmental unit to which the record
				has been or is disclosed pursuant to paragraph (d), (i) or (l) of section 96 (1)  of the Public Officers
				Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.11 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8009 - Access To Personal Information › Section 8009.12 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is judged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8010 - Shock Incarceration › Section 8010.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility and intent of the Board of Parole
				  to fully implement the provisions of article 26-A of the Correction Law
				  relating to shock incarceration to the extent that those provisions relate to
				  the operation of the board and Department of Corrections and Community
				  Supervision. The provisions of this Part will structure the board's and
				  department's policies in relation to this program, designed to afford certain
				  relatively young, nonviolent offenders an opportunity to learn self-discipline
				  and control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8010 - Shock Incarceration › Section 8010.2 - Parole release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Legislature mandated that the shock incarceration program be available only to
				specially selected, nonviolent eligible inmates, and the program incorporates a
				highly structured routine of discipline, intensive regimentation, exercise and
				work therapy, together with substance abuse therapy, education, and pre-release
				and self-improvement counseling. The Board of Parole, after consideration of
				the eligibility criteria established by the Legislature, and the extensive,
				stringent criteria established by the Department of Corrections and Community
				Supervision for program selection and retention, believes that an inmate who is
				selected and who thereafter successfully completes the entire shock
				incarceration program will normally represent an excellent candidate for
				release onto parole. Therefore, an inmate's successful completion of the
				program, and receipt of a certificate of earned eligibility, shall create a
				presumption in favor of parole release.
(b) An eligible inmate participant in the
				shock incarceration program shall be considered for release onto parole prior
				to such inmate's completion of the program, except as otherwise specified in
				paragraph (f)(1) of this section. A decision to grant or deny release onto
				parole will be made by at least two members of the board, and will be premised
				on reports prepared and/or compiled by the department concerning the inmate
				participant. At the time of such review by members of the board, the board will
				assume that the inmate will successfully complete the program and be awarded a
				certificate of earned eligibility by the department. Upon the completion of its
				review, the board will either:
(1) issue a
				conditional grant of parole, conditioned on the inmate's successful completion
				of the shock incarceration program and the issuance of a certificate of earned
				eligibility to the inmate; or
(2)
				deny release. If release is denied, the inmate shall be informed in writing,
				within two weeks of the board's rendition of its decision, of the factors and
				reasons for such denial. An inmate denied parole release shall thereafter
				appear at least one month prior to the expiration of the minimum period of
				imprisonment fixed by the court, in accordance with the provisions of Part 8002
				of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8010 - Shock Incarceration › Section 8010.4 - Interim procedures for inmates previously subject to Correction Law, section 865(1)(ii)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Purpose. The purpose of these interim procedures is to expedite release of
				shock inmates who had previously been required to complete 12 months of
				incarceration prior to release. These inmates are now eligible for immediate
				review, or immediate release if they have already received release decisions
				from the Parole Board, by virtue of amendments to the Correction Law contained
				in sections 292 and 293 of chapter 55 of the Laws of 1992.
(b) Those inmates who have successfully
				completed the six-month shock incarceration program, who have received a
				certificate of earned eligibility, who have received a Parole Board decision as
				of the effective date of these interim procedures which grants release, and
				whose release date has been established based on the 12-month period previously
				required by Correction Law, section
				867(4), may be released on
				or after the effective date of these interim procedures. Release shall occur as
				soon as practicable once the proposed parole program has been investigated and
				approved.
(c) For those inmates who
				have successfully completed the six-month shock incarceration program, and who
				have not yet received a Parole Board decision granting or denying release due
				to the 12-month incarceration period previously required by Correction Law,
				section
				867(4), the following
				procedures shall apply upon issuance of a certificate of earned eligibility by
				the Department of Correctional Services. At least two members of the board
				shall review the information specified in sections 259-a (1)-(3) and
				259-c (3)  of the Executive
				Law with respect to such inmates, and shall make a determination whether to
				grant parole release to each such inmate or to order the appearance of the
				inmate for a personal interview. If the board determines than an interview is
				necessary, the interview shall be conducted as soon as practicable after the
				effective date of these regulations. At the conclusion of each such interview,
				where one is ordered by the board, if release is denied, the inmate shall be
				provided with a written statement of the reasons for such denial.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility and the intent of the division to
				  adopt regulations pursuant to the HIV- and AIDS-Related Information Act (Public
				  Health Law, article 27-F). All officers, employees, and agents of the division
				  shall at all times maintain the confidentiality of any HIV-related information
				  in their possession, in accordance with the requirements of the statute and
				  this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.3 - Antidiscrimination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				policy of the division that the division and its officers, employees and agents
				shall not discriminate against any individual by virtue of his or her being
				identified as, or suspected of, having AIDS, HIV infection, or HIV-related
				illness.
(b) The policy set forth
				in subdivision (a) of this section shall not be construed to prevent
				differential treatment of inmates or releasees on account of HIV status or
				current medical condition, provided that such differential treatment is
				necessary in order to provide adequate and appropriate treatment or parole
				services for individuals identified as having AIDS, HIV infection or
				HIV-related illness.
(c) The
				division will take appropriate steps to make its authorized officers, employees
				and agents aware of the division's policy as set forth in this section. All
				officers, employees and agents of the division shall act in a manner consistent
				with this policy when performing their official duties for the
				division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.4 - Access to confidential HIV-related information

Current through Register Vol. 46, No. 28, July 10, 2024
The following employees of the division are considered
				  authorized employees who may have access to confidential HIV-related
				  information on a need to know basis, as set forth in this section.
(a) Any parole officer assigned to, or any
				other employee providing treatment or parole services for, a particular case,
				and any parole officer who is covering a case for the regularly assigned parole
				officer and who needs access to the parole file in order to perform whatever
				duties are necessary to cover the case, may have access to any confidential
				HIV-related information contained in the parole file for that case;
(b) Other staff who make entries in case
				folders or electronic records may have access to confidential HIV-related
				information, but only to the extent that they actually make entries relating to
				the provision of treatment or parole services;
(c) The direct line casework supervisor (this
				will ordinarily be the senior parole officer, but may be any other individual
				performing that function, regardless of actual title) may have access, on a
				need to know basis, to confidential HIV-related information contained in the
				parole file for any case for which that direct line supervisor performs any
				supervisory duties.
(d) All
				supervisors in the direct line of supervision, and any officer or employee
				performing a planning, monitoring, administrative oversight, litigation or
				casework assistance function, may have access to any confidential HIV-related
				information contained in a particular parole file, provided that access to the
				parole file is reasonably necessary in order to carry out an appropriate
				supervisory, planning, monitoring, administrative oversight, litigation or
				casework assistance function. The direct line of supervision will ordinarily
				include the area supervisor, deputy regional director, regional director and
				the director of operations, or any other officer or employee designated to
				perform an equivalent supervisory function, regardless of actual title. Access
				to the parole file, and to any confidential HIV-related information contained
				in the file, will be on a need to know basis.
(e) Members of the Board of Parole.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.6 - Records control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				division will ensure the security of files which may contain confidential
				HIV-related information. All officers, employees and agents of the division in
				possession of, or having access to, confidential HIV-related information shall
				at all times maintain the security of all records that contain confidential
				HIV- related information.
(b) The
				division will ensure that any secondary reports, presentations or statistical
				compilations that include or refer to confidential HIV-related information
				will, to the extent possible, minimize the use of names of, or other
				information tending to identify, protected individuals. With respect to
				documents that must identify a releasee by name, the division will ensure that
				confidential HIV-related information is included in such a document only if,
				and to the extent, necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8011 - Confidentiality Of Hiv- And Aids-related Information › Section 8011.7 - Provision of confidential HIV-related information to authorized officers and employees of the division

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Department of Correctional Services, and the medical directors of its
				correctional facilities, in accordance with the provisions of Executive Law,
				section 259-1 and Public Health Law, section
				2782(1)(l), may provide
				confidential HIV-related information to the authorized officers and employees
				of the division described in section
				8011.4 
				of this Part, without the consent of the protected individual. Any such
				confidential HIV-related information will be subject to the limitations on
				disclosure imposed by PHL, article 27-F and this Part.
(b) The medical director of a local
				correctional facility, in accordance with the provisions of Public Health Law,
				section
				2782(1)(l), may provide
				confidential HIV-related information to the authorized officers and employees
				of the division described in section
				8011.4 
				of this Part, without the consent of the protected individual. Any such
				confidential HIV-related information will be subject to the limitations on
				disclosure imposed by PHL, article 27-F and these regulations.
(c) The Division for Youth, in accordance
				with the provisions of Public Health Law, section 2782.1(1), may provide
				confidential HIV-related information with respect to juvenile offenders to the
				authorized officers and employees of the division described in section
				8011.4 
				of of this Part, without the consent of the protected individual. Any such
				confidential HIV-related information will be subject to the limitations on
				disclosure imposed by PHL, article 27-F and these regulations.
(d) A provider of a health or social service
				(including but not limited to those entities that provide treatment or parole
				services to releasees, whether by contract with the division or otherwise)
				which provides health or social services to releasees, may provide confidential
				HIV-related information to the authorized officers and employees of the
				division described in section
				8011.4 
				of this Part, without the consent of the protected individual. Any such
				confidential HIV-related information will be subject to the limitations on
				disclosure imposed by PHL, article 27-F and this Part.