N.Y. Comp. Codes R. & Regs. tit. 9 § 8003.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 8003.2 - Release conditions

A copy of the conditions of release, with the addition of any special conditions, shall be given to each incarcerated person upon his or her release to supervision. The conditions of release are as follows:

(1) I will proceed directly to the area to which I have been released and, within twenty-four hours or by the next available business day after my release, make my arrival report to the Community Supervision Office indicated below. I will make office and/or other reports thereafter as directed by my Parole Officer.

(2) I will not leave the State of New York or any other state to which I am released or transferred, or any area defined in writing by my Parole Officer without permission.

(3) I will not abscond from supervision, which includes intentionally avoiding supervision by failing to maintain contact or communication with my Parole Officer and failing to notify my assigned Parole Officer of a change in residence. Should I ever fail to maintain contact as required herein, I will cooperate with any efforts by my Parole Officer or other representative of the Department of Corrections and Community Supervision to have me re-engage in my supervision as directed.

(4) I will permit my Parole Officer to visit me at my residence, will permit the search and inspection of my person, residence and property, and will discuss any proposed changes in my residence, employment or program status with my Parole Officer.

(5) I will reply promptly, fully and truthfully to any inquiry of, or communication by, my Parole Officer or other representative of the Department of Corrections and Community Supervision.

(6) I will notify my Parole Officer any time I am in contact with, or arrested by, law enforcement. I understand, like every member of the public, I have a right to seek the assistance of law enforcement at any time.

(7) I will not act in concert with a person I know to be engaged in illegal activity.

(8) I will not behave in such a manner as to violate the provisions of any law to which I am subject which provides for a penalty of imprisonment, nor will my behavior threaten the health and safety of myself or others.

(9) I will not own, possess, or purchase a shotgun, rifle, or firearm of any type including any imitation firearm. I will not own, possess or purchase any deadly weapon or use any dangerous instrument, as those terms are defined under Article 10 of the Penal Law. Further, I will not possess a dangerous knife or razor without the permission of my Parole Officer.

(10) In the event that I leave the jurisdiction of the State of New York, I hereby waive my right to contest extradition to the State of New York from any state in the Union and from any territory or country outside the United States. This waiver shall be in full force and effect until I am discharged from community supervision. I fully understand that I have the right under the Constitution of the United States and under law to contest an effort to extradite me from another state and return me to New York, and I freely and knowingly waive this right as a condition of my community supervision.

(11) I will not use or possess any drug paraphernalia or use or possess any controlled substance without proper medical authorization.

(12) I will fully comply with the instructions of my Parole Officer.

(13) I will fully comply with those special conditions set by my Parole Officer, a Member of the Board of Parole or an authorized representative of the Board or the Department of Corrections and Community Supervision. I understand that special conditions are additional conditions, set on an individualized basis, meant to be reasonably tailored to my circumstances and aimed toward my rehabilitation. I will fully comply with the following special conditions:

The copy of the standard conditions shall also include the following clause: I fully understand that a violation of any condition of release in an important respect may result in the revocation of my period of Community Supervision. I hereby certify that I understand and have received my Certificate of Release to Community Supervision.

(14) I will personally appear at all recognizance hearings and parole revocation process hearings and appearances for which I may be the subject, including the appearances directed to be in response to a notice of violation, any preliminary and final parole revocation hearings, and any related adjourned or continuation appearances. I will also personally appear if so directed in regard to the service of any other notices related to revocation proceedings, including, but not limited to, the service of any preliminary and final hearing determinations. I understand that while I have a right to be present at any recognizance, preliminary or final hearing, my voluntary decision not to be present constitutes a forfeiture of such right and the matters may proceed in my absence including, but not limited to, a final revocation hearing which may result in the issuance of a decision therefrom revoking my release and directing my reincarceration.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8003.2

Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023