N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.5

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

Section 8005.5 - Party representation

(a) An alleged violator is entitled to representation by an attorney at a preliminary hearing.

(b)

(1) An attorney who represents an alleged violator shall promptly file a notice of appearance with the hearing coordinator at the local area office having responsibility for the supervision of said alleged violator, except that:

(i) for those alleged violators incarcerated at a jail located within New York City, the notice of appearance shall be filed with the Parole Violation Unit of the New York State Department of Corrections and Community Supervision; and

(ii) for those alleged violators incarcerated at a jail located within the counties of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester, the notice of appearance shall be filed with the New York State Department of Corrections and Community Supervision, Hudson Valley Region Parole Violation Unit.

(2) A notice of appearance shall have printed on it the name, business address, and telephone number of the attorney, and the name, New York State identification number and the violation control (warrant) number of the alleged violator represented. Only one alleged violator shall be named on a notice of appearance. A notice of appearance may not be accepted, and may be returned to the sender, when:

(i) the information contained thereon is insufficient to clearly identify the attorney or the alleged violator;

(ii) the notice is submitted to an office of the Department not in accordance with the filing instructions contained within the preceding paragraph; or

(iii) more than one alleged violator is named on the notice.

(c) The Department may be represented at a preliminary hearing by a parole officer and/or an adversary officer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.5

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