N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.22

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

Section 8005.22 - Delinquent Time Case Review

(a) It is the policy of the Board of Parole to review, sua sponte, any revocation determination wherein a time assessment imposed is in excess of 24 months. The purpose of said review is to provide the members of the board, acting in executive session, an opportunity to freely discuss such determinations, to decide, in view of the totality of the case record, whether such determination is considered to be appropriate by the majority of the members of the board, given the fact that the underlying revocation decision is rendered by a single board member. The delinquent time case review is not a substitute for an administrative appeal taken and decided pursuant to Part 8006 of this Title or any appeal pursuant to subdivision 4-a of section 259-i of the Executive Law. Rather, given that such an appeal of a revocation determination is limited to a review of the revocation record, the delinquent time case review is intended to permit the board to consider any information in its records that it considers to be pertinent to the case, so as to facilitate equitable and consistent decision making. Insofar as the delinquent time case review represents an internal opportunity for the members of the board to discuss cases that are within the aforementioned category, the time for the conduct of said review may vary in the sole discretion of the board and, in keeping with the purpose of the case review, the board will not solicit or accept input from outside of the board, or advise the subject of the case review that the matter is under consideration.

(b) Review under this section shall not occur until the administrative appeal permitted pursuant to Part 8006 of this Title has been decided, or the time to take such an appeal has expired, and, as the delinquent time case review is not an administrative remedy, its pendency or conduct shall not preclude a violator from seeking judicial review of an underlying revocation determination once the administrative appeal permitted pursuant to part 8006 of this Title is concluded. Furthermore, review under this section shall not occur until an appeal pursuant to subdivision 4-a of section 259-i of the Executive Law, if any, has been decided and all further appeal or litigation therefrom has concluded, and either administrative appeal permitted pursuant to Part 8006 of this Title has been decided thereafter, or the time to take an administrative appeal in such circumstance has expired.

(c) A time assessment in the underlying revocation determination may not be increased by a review conducted pursuant to this section. In a case where a time assessment is reduced, the violator will be provided with written notice of the amended time assessment. A written statement of reasons will not be issued for any case reviewed pursuant to this section, nor will notice be provided to a violator that such person's case has been reviewed, except to the extent that such review results in a reduction of a time assessment imposed.

(d) A delinquent time case review shall be conducted by a quorum of the members of the board, and decided by a majority vote of the members present.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.22

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