N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.21

Current through Register Vol. 46, No. 18, May 1, 2024

Section 8005.21 - Relevant Nonprofit Service Providers

(a) Where a nonprofit service provider has demonstrated to the satisfaction of the Board and Department that it is currently capable of offering relevant community-based services to releasees, it may be permitted to attend preliminary and final parole revocation hearings where there is no disruption to the proceedings and the health and safety of any participant or of the provider's representatives is not otherwise threatened. The nonprofit service provider shall not be considered a party to the revocation proceedings and shall have no independent right to participate therein.

(b) The presiding officer at a final parole revocation hearing may, in their discretion, permit the releasee or their counsel to communicate with the nonprofit service provider during a reasonable recess of the proceeding where the communications are expected to aid in ascertaining an appropriate revocation disposition, including, but not limited to, any relevant conditions of release that might be a part thereof. It is assumed, however, that communications between the releasee or their counsel and the nonprofit service provider may freely occur outside of the time of such proceedings without direction and involvement of the presiding officer or any other employee of the Board or Department.

(c) The presiding officer at a final parole revocation hearing may, in their discretion, permit a representative of the provider to directly offer, on or as a part of the record, case-specific information regarding relevant community-based services that such provider is willing to provide and is currently capable of providing to the releasee who is the subject of the proceeding. Nothing within this subdivision shall prohibit such information from being offered by a party at a final hearing.

(d) In determining whether a nonprofit service provider is currently capable of offering relevant community-based services to releasees within the meaning of this section, the Board and Department may consider any relevant information including, but not necessarily limited to, the provider's verifiable services and resources, record with respect to delivering such services successfully, history of cooperating with and providing timely information to the Board and Department, history of compliance with subpoenas, and responses to any inquiries made of them by the presiding officer or any party in any revocation proceedings.

(e) The provisions of this section shall not create or confer any new or additional right in favor of the releasee, and noncompliance with any such provisions shall not be a basis for the vacating of a notice of violation or warrant, or for any other form of challenge to or dismissal of the revocation case.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.21

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