New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle CC - Division of Parole
Part 8004 - Revocation Process
Section 8004.5 - Parole Warrant for Retaking and Temporary Detention
Current through Register Vol. 46, No. 12, March 20, 2024
(a) If a parole officer having charge of a releasee shall have probable cause to believe that such person has violated one or more of the conditions of his release in an important respect, the officer shall report such fact to a member of the Board, or a designated officer identified in section 8004.2 of this Part.
(b) Subject to further provisions and restrictions of this Part, the member or designated officer may issue a parole warrant, which is a warrant for the retaking and temporary detention of the releasee. No officer shall issue a warrant in a case where they are the one who furnishes the report upon which it is based, including those cases wherein a notice of violation had first been issued. Nothing in this section shall be construed as prohibiting the issuance of a warrant upon a non-written report to a member or a designated officer in exigent circumstances.
(c) A warrant issued in accordance with subdivisions (a) and (b) of this section may be issued at any time, including during the pendency of a parole revocation case and prior to any scheduled final revocation hearing.
(d) The warrant may be executed by any parole officer, any officer authorized to serve criminal process or any peace officer.
(e) Such officer shall be authorized to take the releasee and have them detained in any jail, penitentiary, lockup or detention pen which shall be located, insofar as practicable, in the county or city in which the arrest occurred or within the county in which the violations are alleged to have occurred. Said detention pursuant to the warrant shall be until the department's reasonable receipt of a court determination following a recognizance hearing under the Executive Law and, unless such hearing results in a lawful order directing the release of the alleged violator as to the warrant, during the pendency of the revocation proceedings until and as consistent with a decision concluding the revocation case issued pursuant to the authority of the board. Furthermore:
(f) There shall be a presumption that the execution of a parole warrant occurs when the releasee is known to be detained exclusively under the authority of such warrant prior to a recognizance hearing, and that the revocation process will continue in accordance with further provisions in this Part and Part 8005 of this Title following such hearing.
(g) The issuance of a parole warrant and detention under its authority shall be a severable issue from the legality of a parole revocation case, its continuation, or any final determinations therefrom.
(h) Every parole warrant should include, among other information, the following or a similar notification: "Attention: The Department of Corrections and Community Supervision is a required party to, and intends to appear at, any recognizance hearing to determine continued custody of the subject releasee for purposes of parole revocation proceedings. Following the conclusion of the recognizance hearing, the Department must be promptly provided the court's order therefrom."