New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle CC - Division of Parole
Part 8000 - General Provisions
Section 8000.1 - Applicability
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 8000.1
Current through Register Vol. 46, No. 12, March 20, 2024
The rules and regulations set forth in this Subtitle implement and govern the functions, powers and duties of the Division of Parole in the Executive Department and of the Board of Parole.
(a) Regulations of the Division of Parole shall be promulgated by the chairman of the Board of Parole and shall govern the responsibility of the division to:
(1)
collect information and maintain records with regard to each inmate and with
regard to each person released on parole or conditional release;
(2) supervise all persons released on parole
or conditional release, and any other persons as required by statute;
(3) investigate alleged violations of parole
or conditional release and, when necessary, accomplish the revocation of such
release;
(4) prepare reports and
other data required by the board in the exercise of its functions;
and
(5) assist inmates eligible for
parole or conditional release and inmates on parole or conditional release to
secure employment, educational or vocational training, and encourage
apprenticeship training of such persons through the assistance and cooperation
of industrial, commercial and labor organizations.
(b) Regulations of the Board of Parole shall be enacted by the Board of Parole and shall govern the conduct of the Board of Parole and its responsibility to:
(1)
determine what inmates serving indeterminate or reformatory sentences of
imprison ment may be released on parole, and when and under what
conditions;
(2) determine what
inmates serving a definite sentence of imprisonment may be released on parole,
and when and under what conditions;
(3) determine the conditions of release of a
person who may be conditionally released under an indeterminate or reformatory
sentence of imprisonment;
(4)
establish minimum periods of imprisonment in cases where the court has not done
so;
(5) study or cause to be
studied the inmates confined in institutions over which the board has
jurisdiction, so as to determine their ultimate fitness to be
paroled;
(6) revoke parole or
conditional release of any person and authorize the issuance of a warrant for
the retaking of such persons;
(7)
determine the need for further investigation of the background of each inmate
as he is received by the Department of Correctional Services, and cause such
investigation to be made;
(8)
establish and maintain written guidelines for its use in making parole
decisions as required by law;
(9)
grant and revoke certificates of relief from disabilities, and certificates of
good con duct, as required by law;
(10) report to the Governor, upon request,
the information required by statute for his consideration of pardons and
commutations and applications for the restoration of rights of
citizenship;
(11) issue subpoenas
and subpoenas duces tecum in order to compel attendance of wit nesses and the
production of books, papers and other documents pertinent to inquiries and
investigations in the performance of its duties;
(12) authorize members and hearing officers
to administer oaths and take the testimony of witnesses under oath, and to
issue subpoenas and subpoenas duces tecum in order to compel attendance of
witnesses and the production of books, papers and other documents pertinent to
inquiries and investigations in the performance of its duties;
(13) certify the amount of jail-time credit
to which a person may be entitled, pursuant to section 70.40 of the Penal Law,
to the person in charge of the institution in which such sentence is being
served;
(14) transmit a report of
the work of the State Board of Parole for the preceding calendar year to the
Governor and Legislature, annually; and
(15) provide for the confidentiality of
information and records which are collected and maintained with regard to each
inmate and each person released on parole or conditional release, and access
thereto.
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