N.Y. Comp. Codes R. & Regs. tit. 9 § 8004.2

Current through Register Vol. 46, No. 14, April 3, 2024

Section 8004.2 - Review of Condition Violation, Initial Actions and Case Designation

(a) If a parole officer having charge of a releasee shall have probable cause to believe that such person has violated one or more of the conditions of their release in an important respect, the officer shall report such fact to a member of the board or a designated officer. Designated officer shall mean a senior parole officer, supervising parole officer, deputy regional director, regional director, deputy director of operations, the director of operations, chief of the parole violation unit, assistant chief of the parole violation unit, and any officer who has been provided with specific authorization by the Board of Parole.

(b) Probable cause exists when evidence or information which appears reliable discloses facts or circumstances that would convince a person of ordinary intelligence, judgment and experience that it is more probable than not that the subject releasee has committed the acts in question. Such apparently reliable evidence may include hearsay.

(c) Where there is probable cause to believe that a releasee has violated one or more of the conditions of their release in an important respect, a notice of violation may be issued. A notice of violation may be approved for prosecution and issuance by any member of the Board or a designated officer.

(d) Subject to the further requirements set forth in this Part and Part 8005 of this Title, a warrant for retaking and temporary detention may issue when there is probable cause to believe that the releasee has violated one or more of the conditions of their release in an important respect. A warrant for retaking and temporary detention may be issued by any member of the Board or a designated officer, except that no officer shall issue a warrant in a case where they are the one who furnishes the report upon which it is based, including those cases wherein the notice of violation had been approved at a time wherein warrant issuance was not expected.

(e) The written violation of release report or an attendant form shall identify and designate the case as either a non-technical or technical violation matter, and when a technical violation matter, include explanation as to whether reincarceration is possible at the conclusion of the parole revocation case. Such designation may be appropriately modified at any time. The designation will be as follows:

(1) Technical violation case, no reincarceration. This is the designation for a case involving only technical violations by the releasee, for which no periods of reincarceration / time assessments may be imposed should all charges be sustained at a final parole revocation hearing.

(2) Technical violation case, reincarceration possible. This is the designation for a case involving only technical violations by the releasee, but wherein reincarceration is possible if at least one of the current charges is sustained at a final revocation hearing. The Department should provide explanation to include identification of both the current charge(s) and prior sustained violation(s), if any, that forms the specific factual basis for this designation, as well as the permissible periods of reincarceration possible in the current case.

(3) Non-technical violation case. This is the designation for a case that meets the definition of nontechnical violation provided in section 8000.2 of this Title, and in such circumstance, it shall be made notwithstanding the inclusion of technical violation charges.

(f) The case designation required by subdivision (e) of this section shall not control any aspect of the disposition of a parole revocation case, and any non-compliance with the requirements of that subdivision or any other errors with respect to the case designation or modifications thereof, shall not provide basis for the vacating of a notice of violation or warrant or for any other form of dismissal of the case.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8004.2

Amended New York State Register December 9, 2020/Volume XLII, Issue 49, eff. 12/9/2020

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