N.Y. Comp. Codes R. & Regs. tit. 9 § 8004.8

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

Section 8004.8 - Non-technical Violations

(a) "Non-technical violation" means:

(1) the commission of a new felony or misdemeanor offense; or

(2) for 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, conduct violating a specific condition reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense, provided that for purposes of this part all conditions imposed upon such a releasee are presumed to be reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense.

(b) A case shall be considered a non-technical violation case where either:

(1) at least one violation charge alleges the commission of a felony or misdemeanor offense in and pursuant to the laws of any jurisdiction; or

(2) the subject releasee who is alleged to have violated one or more conditions of release is currently serving a sentence for an offense defined in article 130 of the penal law or section 255.26 or 255.27 of such law.

(c) If the case has been identified by the Department as a non-technical violation case, either:

(1) a notice of violation may be approved for prosecution and:

(i) If the releasee appears as directed in response to the notice of violation, the parole revocation process shall continue and the releasee afforded the right to a preliminary revocation hearing if such right is not waived; or

(ii) If the releasee has failed to appear as directed in response to the notice of violation and has failed to appear voluntarily within forty-eight hours after such time, a parole warrant may be issued for the retaking of the person and for their detention pending a recognizance hearing; or

(2) a warrant for the retaking and temporary detention of the releasee may be issued in accordance with section 8004.5 of this Part.

(d) Determinations within a revocation case where the subject releasee is currently serving a sentence for an offense defined in article 130 of the penal law or section 255.26 or 255.27 of such law, as to whether a condition is reasonably related to the offense and efforts to protect the public from the commission of a repeat of such offense, shall have no binding effect on the Board or Department beyond such case and its disposition.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8004.8

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