N.Y. Comp. Codes R. & Regs. tit. 9 § 352.8

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

Section 352.8 - Issuance and Management of warrants for arrest of probationers and notices to appear

(a) The local probation director shall establish written policies and procedures governing:

(1) the circumstances to be considered relative to obtaining a notice to appear or warrant;

(2) the timely preparation and delivery to the appropriate court for consideration of the recommendation and, where necessary, follow-up communication and documentation of the court's response to the request;

(3) where the probation department is the holder of criminal court warrants for the arrest of probationers,

(i) a process that ensures chronological tracking of all warrants from the request for such, through issuance, receipt at the department, entry into the NYS Division of Criminal Justice Services (NYS DCJS) Wanted/Missing Persons file system, intradepartmental chain of responsibility, execution, and, as appropriate, cancellation. Such procedures shall comply with the electronic posting of warrants as required by NYS DCJS and issued by the National Crime Information Center (NCIC);

(ii) a process that ensures the timely entry of warrants and removal of warrants from the NYS DCJS Wanted/Missing Persons file system in a manner that complies with the electronic posting of warrants as required by NYS DCJS and NCIC, and the updating of information in the NYS DCJS Integrated Probation Registrant System (IPRS).

(4) Where other law enforcement agencies enter and hold warrants for the arrest of probationers, the local director shall establish written policies that clearly delineate the department's responsibility as to the issuance, tracking, execution, and cancellation of warrants for the arrest of probationers. This policy shall not inhibit the entering/holding agency's ability to comply with the electronic posting of warrants as required by NYS DCJS and NCIC.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 352.8

Amended New York State Register March 27, 2019/Volume XLI, Issue 13, eff. 3/27/2019