N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.19

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

Section 8005.19 - Conduct of the Final Revocation Hearing

(a) At the final revocation hearing, the presiding officer shall read the charges unless such reading is waived. The alleged violator shall be sworn as provided by law. The alleged violator shall plead not guilty, guilty, guilty with an explanation, or stand mute with respect to each of the charges.

(b) If the alleged violator pleads guilty or guilty with an explanation, the presiding officer shall direct the presentation of evidence, if any, with respect to mitigation of the violations and restoration to parole.

(c) All persons giving evidence at the hearing shall be sworn by the presiding officer in accordance with law.

(d) If the alleged violator pleads not guilty or elects to stand mute, the presiding officer shall direct the presentation of evidence with respect to each charge. At the conclusion of each witness' testimony, the presiding officer shall allow for the cross-examination of the witness. Evidence of mitigating circumstances, or in defense to the charges, shall be admitted after presentation of all evidence in support of a violation of parole, and in the same manner as evidence with respect to each charge.

(e) The standard of proof at a final revocation hearing is clear and convincing evidence adduced at the hearing in support of a charge that the alleged violator has violated one or more of the conditions of their release in an important respect.

(f) Conduct that formed the basis of a criminal arrest shall not form a basis of a sustained parole violation if a court has, prior to the final hearing, adjudicated that criminal matter with an acquittal, adjournment in contemplation of dismissal, or violation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.19

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