N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.18

Current through Register Vol. 46, No. 36, September 4, 2024

Section 8005.18 - Notice of Final Revocation Hearings

(a) The alleged violator and an attorney who has filed a notice of appearance in accordance with rules of the Board shall be given written notice of the date, place and time of the final revocation hearing. Such notice shall occur at the conclusion of the preliminary revocation hearing where a preponderance of the evidence has been found, upon the waiver of such hearing or earlier. Additional or revised notice thereafter is timely where it is in reasonable advance of the final hearing under the totality of the circumstances.

(b) Notice to the alleged violator shall also include notice of the purpose of the final hearing, a statement of the conditions of release that are alleged to have been violated and in what manner, and identification of the alleged violator's rights at a final revocation hearing, which are those listed in subdivision (c) of section 8004.4 of this Title and include a right to present mitigating evidence relevant to the possible restoration to supervision

(c) Notice to the alleged violator shall include the name and contact details for institutional defenders or assigned private counsel, as the case may be, except that such notice is not required where an attorney has filed a notice of appearance in the matter or representation by counsel has otherwise been established.

(d) The notice to the alleged violator required by this section may be provided through the notice of violation, violation of release report or other documents, and nothing herein shall be construed as requiring duplicate notice, or written notice of adjourned or continuation dates where such information has been adequately conveyed to the releasee or counsel on the record.

(e) As far as practicable or feasible, any additional documents having been collected or prepared that support the violation charges shall be delivered to the releasee but need not be included with the notice in regard to the final hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.18

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