New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle CC - Division of Parole
Part 8004 - Revocation Process
Section 8004.4 - Notice of Violation, Violation of Release Report
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A notice of violation shall be in writing and may consist of one or more documents and their attachments. Except as otherwise specified, the notice of violation includes a report of the violations of the conditions of release.
(b) The notice shall inform a releasee who is an alleged violator of the conditions of their release, of the purpose of the preliminary revocation hearing or if a preliminary hearing is not required, the purpose of the final revocation hearing, and shall state what conditions of release are alleged to have been violated and in what manner. The notice may inform the releasee of the purpose of a final hearing in any event. The releasee shall also be provided written notice of the time and place of the preliminary hearing or of the final hearing if no preliminary hearing is required, which information may be included in the notice of violation or another document provided not less than twenty-four hours in advance of such hearing.
(c) The notice shall state that at a preliminary and a final hearing the releasee:
(d) A releasee who is the subject of a notice of violation shall also be provided, in writing, the name and contact details for institutional defenders or assigned private counsel, as applicable. This information may be included in the notice of violation or another document. Where such information was not previously provided and a recognizance hearing is held, it shall be given at such time. Nothing shall require duplicate or revised notification of this information.
(e) Following approval of prosecution of violation charges and except where a parole warrant is issued, the notice of violation, or the Board or Department by other means, shall direct the releasee to appear in response to the notice at a specified date and time, and location or manner, which may be the preliminary hearing, or final hearing if a preliminary hearing is not required, or earlier.
(f) The notice of violation shall be properly and promptly served upon the releasee following its completion and approval for prosecution. A notice may be approved for prosecution within the meaning of this subdivision upon approval for prosecution of the violation charges, and with or without the date, time and place of the preliminary and final hearings being specified at such time. Proper and prompt service of the notice of violation occurs when the releasee is served with the notice within a reasonable amount of time under the totality of the circumstances at the discretion of the Board or Department, or at the time of a recognizance hearing pursuant to the Executive Law. The notice shall be served in reasonable advance of the date of a preliminary hearing, and not less than twenty-four hours prior to such hearing.
(g) Where the Department believes the releasee has absconded from supervision and that the releasee remains in such status, service of the notice of violation may be properly and promptly effectuated by delivering such notice to the releasee's approved address, or last known address if different than the approved address, and this delivery shall be reflected in Department records. If the releasee is thereafter understood to have returned to or be retained in custody within and under the jurisdiction of New York State and is accessible to the Department, service in accordance with subdivision (f) of this section will then be attempted but such efforts shall not be construed as meaning that appropriate service had not already occurred.
(h) A releasee in federal custody, or who is out of state whether or not in custody and whether or not such custody, if any, may be pursuant to the uniform act for out-of-state parolee supervision, shall not be considered within the convenience and practical control of the Department so as to require prompt service of a notice of violation. The Department may effectuate service in accordance with subdivision (f) of this section following the releasee's known return to the convenience and practical control of the Department. Nothing within this subdivision shall preclude the Department from sending a notice of violation or its attachments, to authorities in another jurisdiction or to a releasee who is not within its convenience and practical control, nor shall sending any such material imply that further proceedings are required prior to the individual's known return to the Department's convenience and practical control. Furthermore, for any such releasee, nothing within this subdivision precludes the Department, in its discretion, from commencing the revocation process or otherwise directing a releasee's return to New York State for further action relative to alleged violations of the conditions of release.
(i) On or after service of a notice of violation, as far as practicable or feasible, any additional documents having been collected or prepared that are relevant to the violation charges shall be delivered to the releasee. (j) The Department may amend, add or otherwise supplement violation charges at any time within a case, and must provide notice of the added or amended charges to the releasee in reasonable advance of any preliminary or final hearing where such charges will be prosecuted, unless such notice is waived or the lack of such notice is not prejudicial.