N.Y. Comp. Codes R. & Regs. tit. 9 § 8000.1

Current through Register Vol. 46, No. 16, April 17, 2024

Section 8000.1 - Applicability

The rules and regulations set forth in this Subtitle implement and govern the functions, powers and duties of the Division of Parole in the Executive Department and of the Board of Parole.

(a) Regulations of the Division of Parole shall be promulgated by the chairman of the Board of Parole and shall govern the responsibility of the division to:

(1) collect information and maintain records with regard to each inmate and with regard to each person released on parole or conditional release;

(2) supervise all persons released on parole or conditional release, and any other persons as required by statute;

(3) investigate alleged violations of parole or conditional release and, when necessary, accomplish the revocation of such release;

(4) prepare reports and other data required by the board in the exercise of its functions; and

(5) assist inmates eligible for parole or conditional release and inmates on parole or conditional release to secure employment, educational or vocational training, and encourage apprenticeship training of such persons through the assistance and cooperation of industrial, commercial and labor organizations.

(b) Regulations of the Board of Parole shall be enacted by the Board of Parole and shall govern the conduct of the Board of Parole and its responsibility to:

(1) determine what inmates serving indeterminate or reformatory sentences of imprison ment may be released on parole, and when and under what conditions;

(2) determine what inmates serving a definite sentence of imprisonment may be released on parole, and when and under what conditions;

(3) determine the conditions of release of a person who may be conditionally released under an indeterminate or reformatory sentence of imprisonment;

(4) establish minimum periods of imprisonment in cases where the court has not done so;

(5) study or cause to be studied the inmates confined in institutions over which the board has jurisdiction, so as to determine their ultimate fitness to be paroled;

(6) revoke parole or conditional release of any person and authorize the issuance of a warrant for the retaking of such persons;

(7) determine the need for further investigation of the background of each inmate as he is received by the Department of Correctional Services, and cause such investigation to be made;

(8) establish and maintain written guidelines for its use in making parole decisions as required by law;

(9) grant and revoke certificates of relief from disabilities, and certificates of good con duct, as required by law;

(10) report to the Governor, upon request, the information required by statute for his consideration of pardons and commutations and applications for the restoration of rights of citizenship;

(11) issue subpoenas and subpoenas duces tecum in order to compel attendance of wit nesses and the production of books, papers and other documents pertinent to inquiries and investigations in the performance of its duties;

(12) authorize members and hearing officers to administer oaths and take the testimony of witnesses under oath, and to issue subpoenas and subpoenas duces tecum in order to compel attendance of witnesses and the production of books, papers and other documents pertinent to inquiries and investigations in the performance of its duties;

(13) certify the amount of jail-time credit to which a person may be entitled, pursuant to section 70.40 of the Penal Law, to the person in charge of the institution in which such sentence is being served;

(14) transmit a report of the work of the State Board of Parole for the preceding calendar year to the Governor and Legislature, annually; and

(15) provide for the confidentiality of information and records which are collected and maintained with regard to each inmate and each person released on parole or conditional release, and access thereto.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8000.1