N.Y. Comp. Codes R. & Regs. tit. 9 § 8003.4

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

Section 8003.4 - Restitution and mandatory surcharge

(a) Where an inmate under the jurisdiction of the Department of Correctional Services is subject to an undischarged restitution order or an order of mandatory surcharge imposed by a court of competent jurisdiction, the board may, prior to the inmate's parole or conditional release, impose as a special written condition of release a requirement that the releasee comply with such order. A special condition involving the payment of restitution or mandatory surcharge shall, unlike other special conditions, only be imposed upon a releasee by a member of the Board of Parole.

(b) At the time this condition is imposed by the board, the releasee shall be given written notice of the agency that shall have responsibility for restitution collection. The chief-elected official in each county, and the mayor in the City of New York, shall designate the restitution collection agency; except that in those counties where the State Division of Probation and Correctional Alternatives provides for and delivers probation services, said agency shall have the first option of designating the restitution collection agency for such counties.

(c) When a releasee, supervised pursuant to a special condition regarding restitution, or mandatory surcharge is granted permission by the Division of Parole to change his place of residence from one county to another, or between New York City and another county, the parole officer shall notify the restitution collection agency of that fact. If the division is notified by the designated restitution collection agency that the responsibility for such restitution collection is thereafter to be transferred to a different restitution agency, pursuant to a releasee's change of county of residence or for any other reason, the division shall then provide the releasee with written notification of said change.

(d) When a releasee is discharged from the jurisdiction of the division upon expiration of sentence or by board action pursuant to Executive Law, section 259-j, or when a releasee is ordered returned to an institution under the jurisdiction of the Department of Correctional Services upon the revocation of parole or conditional release, the division shall so notify the restitution collection agency. Should the returned parole violator thereafter be reparoled or conditionally released, the procedures to be followed relative to restitution and mandatory surcharge shall be as previously stated in this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8003.4