New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle CC - Division of Parole
Part 8004 - Revocation Process
Section 8004.10 - Declaration of Delinquency
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A declaration of delinquency may be issued by a Board member or by a designated officer holding the title of supervising parole officer or higher after receiving the report of violation charges, and after either:
(b) The date of delinquency is the earliest date that a violation of parole is alleged to have occurred.
(c) Where the releasee is alleged to have absconded from supervision, the declaration of delinquency, when issued, shall interrupt the releasee's sentence(s) as of the date of the delinquency.
(d) If at the conclusion of a final parole revocation hearing a presiding officer dismisses all violation charges, any delinquency corresponding to such revocation case shall be deemed thereby cancelled. If at the conclusion of such hearing the presiding officer sustains any violation charge or charges, the official delinquency date for such matter shall be the earliest date that a violation of parole is found to have occurred.
(e) A declaration of delinquency shall not be a necessary part of or prerequisite to the formal parole revocation process or any proceeding or decision therein, and the lack of any such declaration shall not be a basis for the vacating of a notice of violation or warrant, or for any other form of cancellation or dismissal of the case.
(f) Final declaration of delinquency and revocation by new felony conviction and sentence. Whenever a releasee has been: