N.Y. Comp. Codes R. & Regs. tit. 9 § 352.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 352.7 - Procedures for new offense violations for criminal supervision cases

(a)Procedures upon a probationer's arrest for a new offense.

(1) Investigating the alleged offense.

(i) Upon a probation department's knowledge that a probationer under its supervision has been arrested for a new offense (other than a traffic infraction), the probation officer shall commence an investigation.

(ii) Such investigation shall, to the extent necessary, consist of determining the facts and seriousness of the alleged offense.

(2) Supervisor notification and consultation. The results of this investigation shall be presented by the probation officer to the immediate supervisor or other probation official upon conclusion of the investigation.

(3) Required actions. One of the following actions shall be taken with supervisor approval based upon the nature of the alleged offense, and the potential threat of the probationer to the victim(s), the community, and/or self:

(i) Arrest for a violation-level offense. Where any alleged violation-level offense(s) occurred, no action shall be required, unless provided for in local policy, until such time as there is a conviction, in which event, the provisions of subdivision (b) of this section shall apply.

(ii) Arrest for a crime. Where any alleged crime(s) occurred, the probation officer shall notify the proper court(s) and provide a brief description of the alleged crime(s) and the status of the case, no later than seven business days upon learning of an arrest from any source. Said information shall be recorded in either a court notification report or a violation of probation petition and report. Either report may request issuance of a notice to appear to secure the probationer's appearance before the court. Where a violation of probation petition and report is filed, it shall be accompanied by:

(a) a request for any declaration of delinquency; and

(b) either a request that the probationer be required to appear before the court (notice to appear), or a request for a warrant. The department shall continue to notify the court of relevant changes in the status of the case.

(b) Procedures upon conviction of a new offense.

(1) Investigating the conviction. When a probation department receives notification that a probationer has been convicted of an offense which occurred during the period of probation supervision, the probation officer shall commence an investigation. Such investigation shall consist of determining all relevant facts concerning the new conviction unless this information has been obtained in a prior investigation.

(2) Supervisory notification and consultation. The facts of this investigation shall be presented by the probation officer to the immediate supervisor or other probation official upon conclusion of the investigation.

(3) Court notification. Upon conclusion of the investigation and supervisory notification and consultation, the probation officer shall file either a court notification report or a violation of probation petition and report (either of which shall be an update of any prior report) within seven business days of the Probation Department's knowledge of the conviction. Where the new conviction is for a violation-level offense, a court notification report may be filed. Where a violation of probation petition and report is filed, it shall satisfy the requirement for court notification and shall be accompanied by:

(i) a request for any declaration of delinquency, if not already granted; and

(ii) either a request for a notice to appear, or a request for a warrant for the arrest of the probationer if deemed necessary.

(4) In lieu of a recommendation for formal court action, the probation officer, with supervisory approval, may initiate departmental administrative procedures. If the issues presented by the conviction can be resolved administratively, the court shall be apprised of any action taken by the department, with a recommendation to the court that the Probation Department be allowed to adjust the case administratively.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 352.7

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