N.Y. Comp. Codes R. & Regs. tit. 9 § 8002.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 8002.6 - Parole violator re-release

(a)Definition.

A time assessment is a period of time which is fixed as a result of a final parole revocation hearing and which determines a date by which time the parole violator will be eligible for re-release.

(b)How calculated.

(1) The time assessment will be set in months except, where applicable, it may be set as a hold to the maximum expiration of the sentence. It will commence running on the date that the parole violation warrant was lodged.

(2) Time assessments will be calculated in the same way for all parole violators for whom a time assessment has been imposed, irrespective of whether the violator is in a local or State correctional facility, and irrespective of whether there are criminal charges pending against the parole violator.

(3) For any time assessment imposed, including the assessment to be served in the event the violator fails to successfully complete an alternative program to be provided upon their return to a State correctional facility, if the time remaining on the sentence is less than the time assessment specified by the presiding officer, such assessment shall be deemed a hold to the maximum expiration of the sentence.

(4) Within this section and section 8005.20 of this Title, sentence shall include sentence and post release supervision time, if any.

(c)

(1) Eligibility for re-release. All parole violators identified as eligible for re-release as defined by subdivision (a) of this section, will be re-released to parole supervision as soon as practicable after completion of the delinquent time assessment imposed irrespective of whether they are in State or local custody. If, at the completion of the delinquent time assessment imposed, the parole violator is serving the balance of a definite sentence of incarceration, the parole warrant will be lifted upon completion of the delinquent time assessment. However, when presented with one or more of the following circumstances, the board of parole will consider the violator's re-release pursuant to subdivision (d) this section:

(i) the parole violator has engaged in behavior, which constitutes a violation of facility rules or has been found guilty of having violated such rules;

(ii) the parole violator has experienced a significant change in his/her emotional/mental state (which may be evidenced by the parole violator's transfer to a psychiatric ward or facility, his/her commitment to a mental hygiene facility, or his/her placement on a suicide watch or functional equivalent);

(iii) the parole violator was arrested/convicted of a new felony subsequent to the final parole revocation hearing; or

(iv) the board receives any information that supports a reasonable conclusion that the parole violator may not be suitable for re-release. Such information shall include, but not be limited to, information pertaining to self-destructive or threatening behavior by the parole violator.

(d)Consideration by the parole board.

(1) Parole violator in local custody. If at any time preceding the expiration of the time assessment imposed, the parole violator is identified as an exception for re-release eligibility under subdivision (c) of this section and the parole violator remains in local custody, the violator will be considered for re-release by the board upon the violator's return to a State correctional facility. Such consideration shall be through an interview by a panel of two or more members of the board of parole as soon as practicable from the time of the violator's return to State custody. When the Board of Parole considers the parole violator for re-release, there shall be no presumption, express or implied, favoring the violator's re-release.

(2) Parole violator in State custody. If at any time preceding the expiration of the time assessment imposed, the parole violator is identified as an exception for re-release eligibility under subdivision (c) of this section and the parole violator is incarcerated in a State correctional facility, then the following rules shall apply:

(i) Consideration by the board of parole of a violator in State custody may be conducted by one or more members of the board during the two-month period immediately preceding the expiration of the time assessment without a personal interview.

(ii) After considering a parole violator who is in State custody for re-release, the board member or members will make one of two possible determinations as follows:

(a) the board may direct that the violator be re-released to supervision upon expiration of the time assessment after a satisfactory release program is developed and approved; or

(b) the board may require that a personal interview be conducted between a panel of two or more members of the board and the parole violator. When the board requires a personal interview, such interview shall be conducted within a reasonable time. When, after such interview, the board again considers the parole violator for re-release, there shall be no presumption, express or implied, favoring the violator's re-release.

(iii) Grounds for requiring a personal interview. Any one of the following circumstances may serve as a ground for the board to require an interview between the panel of the board and the parole violator:

(a) the parole violator has engaged in behavior which constitutes a violation of facility rules or has been found guilty of having violated such rules;

(b) the parole violator has experienced a significant change in his/her emotional/mental state (which may be evidenced by the parole violator's transfer to a psychiatric ward or facility, his/her commitment to a mental hygiene facility, or his/her placement on a suicide watch or functional equivalent);

(c) the parole violator was arrested/convicted of a new felony subsequent to the final parole revocation hearing;

(d) escape, absconding or removal from temporary release; or

(e) the board receives any information that supports a reasonable conclusion that the parole violator may not be suitable for re-release. Such information shall include, but not be limited to, information pertaining to self-destructive or threatening behavior by the parole violator.

(e)Inapplicability to certain cases.

The provisions of this section shall be inapplicable to any parole violator whose eligibility for parole release is governed by the statutory requirements of a new sentence.

(f)Interim procedures for certain cases.

For those parole violators whose time assessments expired prior to the effective date of this section, or will expire within 90 days after the effective date of this section, the provisions of subdivisions (c) and (d) of this section shall be deemed to be modified as follows: consideration by the board will be conducted as soon as practicable following adoption of this section, but may occur after expiration of the time assessment. This section shall not be construed to afford any parole violator a right to release from custody upon expiration of the time assessment, but only a right to consideration by the board as soon as practicable. The effective date of this section is April 20, 1993.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8002.6

Amended New York State Register January 8, 2019/Volume XLII, Issue 01, eff. 12/8/2020

The amended version of this section by New York State Register July 20, 2022/Volume XLIV, Issue 29, eff. 6/30/2022 is not yet available.

The amended version of this section by New York State Register March 29, 2023/Volume XLV, Issue 13, eff. 3/13/2023 is not yet available.