N.Y. Comp. Codes R. & Regs. tit. 9 § 362.4

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

Section 362.4 - Procedures for new offense violations for conditional release supervision cases

(a) Procedures upon arrest for an offense prior to conviction.

(1) Investigating the alleged offense.

(i) Upon a probation department's knowledge that a conditional releasee under its supervision has been arrested for an offense, the probation officer shall commence an investigation.

(ii) Such investigation shall, to the extent necessary, consist of determining the facts and seriousness of the alleged offense.

(2) Supervisor notification. The results of this investigation shall be presented by the probation officer to his immediate supervisor upon conclusion of the investigation.

(3) Required actions. After supervisory notification, the following action shall be taken with supervisor approval based upon the nature of the alleged offense, and the potential threat of the conditional releasee to himself or to the community:

(i) Arrest for an offense. Where any alleged offense(s) occurred the probation officer shall notify the local conditional release commission and provide said commission with a brief description of the alleged offense(s) and the status of the case, no later than three business days after receipt of the arrest notification. Such notification may be accompanied by:

(a) a request for declaration of delinquency;

(b) a request for a declaration of delinquency and a warrant;

(c) a request that the commission take no action at the present time and the reasons for such a request.

The commission shall be notified by the department of any changes in the status of the case.

(ii) When the conditional releasee is detained due to the arrest, the probation officer shall maintain liaison with the detaining authorities and, whenever possible, shall visit the conditional releasee periodically during his detention. If the conditional releasee is in the community pending disposition of the arrest, the probation officer shall intensify his supervision of the case.

(b) Procedures upon conviction of a crime.

(1) Investigating the conviction. When a probation department receives notification that a conditional releasee has been convicted of a crime which conviction occurred during the period of conditional release supervision, the probation officer shall commence an investigation. Such investigation shall consist of all relevant facts concerning the new conviction unless this information has been obtained in a prior investigation.

(2) Supervisor notification. The facts of this investigation shall be presented by the probation officer to his immediate supervisor upon conclusion of the investigation.

(3) Required action. At the conclusion of the investigation, the probation officer shall notify the commission of the new conviction, along with a description of the crime(s). Where a violation of conditional release has not been previously filed, the probation officer shall file a violation of conditional release and report with the commission. Every report shall contain a summary of the conditional releasee's activities to date and the facts which would be sufficient to establish that any violation(s) of conditional release occurred. A copy of this report shall be retained in the official case record. When a violation of conditional release is filed, any request for a declaration of delinquency shall also be filed with the commission at this time and any request for a warrant.

(4) The probation officer assigned with supervision of the case shall notify the probation officer who is conducting a pre-sentence investigation ordered by the criminal court as to the status of any violation of conditional release.

(c) Procedures upon conviction of a violation.

(1) Investigating the conviction. When a probation department receives notification that a conditional releasee has been convicted of a violation which occurred during the period of conditional release supervision, the probation officer shall commence an investigation. Such investigation shall consist of all relevant facts concerning the new conviction, unless this information has been obtained in a prior investigation.

(2) Supervisor notification. The facts of this investigation shall be presented by the probation officer to his immediate supervisor upon conclusion of the investigation.

(3) Required action. After supervisory notification, one of the following actions shall be taken with supervisor approval based upon the nature of the conviction and the potential threat of the conditional releasee to himself or to the community:

(i) The probation officer shall notify the commission of the conviction, along with a description of the violation, and, where commission notification has occurred, the Probation Department shall file the appropriate report. The report shall contain a summary of the conditional releasee's activities to date, and the facts which would be sufficient to establish that any violation(s) of conditional release occurred. A copy of the report shall be retained in the official case record. When a violation of conditional release is filed, any request for a declaration of delinquency shall also be filed with the commission at this time and any request for a warrant.

(ii) The probation officer shall initiate departmental administrative procedures prior to commission notification or the submission of a recommendation for further commission involvement. The probation officer may meet with the conditional releasee for the purpose of discussing the conviction and issuing a warning. If the issues presented by the conviction can be resolved, the commission shall be notified of the conviction along with a description of any violation(s), any action taken by the department, and a recommendation to the commission that the Probation Department should be allowed to issue a warning to the conditional releasee and to adjust the case administratively. A copy of any reports shall be retained in the official case record.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 362.4