N.Y. Comp. Codes R. & Regs. tit. 9 § 352.1

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

Section 352.1 - Definitions

(a) The term "Absconder" means a probationer who has failed to make his/her whereabouts known for a period of 30 calendar days subsequent to his/her last failure to report, or who has left the jurisdiction of the court without permission of the court or probation officer with intent to evade supervision.

(b) The term "Court Notification Report" means a written communication which is submitted by the Probation Department to notify the proper court(s) of events relating to non-compliance with probation conditions and/or rearrest(s).

(c) The term "Declaration of Delinquency" means a court-approved tolling of the period of the disposition or sentence of probation when the court has reasonable cause to believe that a probationer has violated a condition or conditions of probation.

(d) The term "Graduated Responses" means a system of incentives, sanctions, and/or referral to evidence-based services. The use of incentives/rewards should include, but not be limited to encouragement by the probation officer, verbal praise, letter of recognition, easing of restrictions, granting travel requests, and decreased reporting requirements. The use of sanctions should include, but not be limited to the imposition of progressively more severe or restrictive actions for continued non-compliance such as increased interventions and appearance at a departmental administrative hearing or court for judicial admonishment.

(e) The term "Reasonable cause" refers to the existence of evidence or information, which appears reliable, disclosing facts or circumstances that a person has violated a condition of probation and such evidence or information is substantial enough to convince a person of ordinary intelligence, judgment and experience that it is likely that such condition was violated and that such person violated it.

(f) The term "Revocation" means rescinding of the disposition or sentence of probation by the court following the finding of a violation at a hearing.

(g) The term "Violation of probation" means a failure to comply with the terms and conditions of probation supervision imposed by the court (technical violation), or the commission of an offense other than a traffic infraction.

(h) The term "Violation of Probation Petition and Report" means a written document which is submitted by the Probation Department to notify the court that a probationer has violated one or more conditions of probation and to request immediate response from the court. It shall include a description of the alleged violation or violation(s) of probation, the facts and/or evidence to support the allegation(s) against the probationer, summary of the probationer's adjustment to probation supervision, and a recommendation in accordance with law.

(i) The term "Warrant" means a violation of probation or probation warrant.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 352.1

Amended New York State Register March 27, 2019/Volume XLI, Issue 13, eff. 3/27/2019