N.Y. Comp. Codes R. & Regs. tit. 9 § 8004.3

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

Section 8004.3 - Report to the Board Required

(a) Where a releasee who is serving a sentence for an offense defined in article 130 of the Penal Law or section 255.26 or 255.27 of such law, or has in the Board or Department's discretion been supervised as a sex offender, is arrested for a new felony or misdemeanor offense, the parole officer having charge of such releasee shall cause an investigation to be made into the facts and circumstances surrounding that arrest and into the status of the criminal case, and shall submit a report in writing to a Board member. The report shall include or be accompanied by a recommendation from a designated officer holding the title of supervising parole officer or higher. Upon review of such report and recommendation, a Board member may approve of prosecution of the charges and direct that a notice of violation or warrant for retaking and temporary detention be issued if a notice or warrant has not already been issued by a designated officer.

(b) Where any releasee who is serving a sentence for an offense under articles 120, 125, 130, 135, 160, 230, 235, 255, 263, 265, 485 or 490 of the Penal Law, or who was granted early conditional parole for deportation only or conditional parole for deportation only, is arrested for a new felony offense defined under any of the aforementioned articles in this subdivision, the parole officer having charge of such releasee shall cause an investigation to be made into the facts and circumstances surrounding that arrest and into the status of the criminal case, and shall submit a report in writing to a Board member. The report shall include or be accompanied by a recommendation from a designated officer holding the title of supervising parole officer or higher. Upon review of such report and recommendation, a Board member may approve of prosecution of the charges and direct that a notice of violation or warrant for retaking and temporary detention be issued if a notice or warrant has not already been issued by a designated officer.

(c) The report pursuant to subdivisions (a) or (b) of this section shall be submitted consistent with the standard of probable cause set forth in section 8004.2 of this Part and should include charges relating to the releasee's non-criminal conduct violative of the conditions of release in an important respect, if there is any such conduct ascertainable at that time and where such inclusion would not cause undue delay. The decision to issue a notice of violation or warrant for retaking and temporary detention pursuant to this section remains discretionary and any issuance of a notice of violation or warrant may, subject to the further requirements of this Part and Part 8005 of this Title, proceed notwithstanding there being insufficient evidence available to prosecute alleged criminal conduct in revocation proceedings.

(d) The provisions of this section shall not create or confer any new or additional right in favor of the releasee, and non-compliance 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 dismissal of a parole revocation case.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8004.3

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