Current through Register Vol. 46, No. 12, March 20, 2024
(a)
"Non-technical violation" means:
(1) the
commission of a new felony or misdemeanor offense; or
(2) for a releasee who is serving a sentence
for an offense defined in article 130 of the penal law or section
255.26 or
255.27 of such law, conduct
violating a specific condition reasonably related to such offense and efforts
to protect the public from the commission of a repeat of such offense, provided
that for purposes of this part all conditions imposed upon such a releasee are
presumed to be reasonably related to such offense and efforts to protect the
public from the commission of a repeat of such offense.
(b) A case shall be considered a
non-technical violation case where either:
(1) at least one violation charge alleges the
commission of a felony or misdemeanor offense in and pursuant to the laws of
any jurisdiction; or
(2) the
subject releasee who is alleged to have violated one or more conditions of
release is currently serving a sentence for an offense defined in article 130
of the penal law or section
255.26 or
255.27 of such law.
(c) If the case has been
identified by the Department as a non-technical violation case, either:
(1) a notice of violation may be approved for
prosecution and:
(i) If the releasee appears
as directed in response to the notice of violation, the parole revocation
process shall continue and the releasee afforded the right to a preliminary
revocation hearing if such right is not waived; or
(ii) If the releasee has failed to appear as
directed in response to the notice of violation and has failed to appear
voluntarily within forty-eight hours after such time, a parole warrant may be
issued for the retaking of the person and for their detention pending a
recognizance hearing; or
(2) a warrant for the retaking and temporary
detention of the releasee may be issued in accordance with section
8004.5 of this Part.
(d) Determinations within a
revocation case where the subject releasee is currently serving a sentence for
an offense defined in article 130 of the penal law or section
255.26 or
255.27 of such law, as to whether a
condition is reasonably related to the offense and efforts to protect the
public from the commission of a repeat of such offense, shall have no binding
effect on the Board or Department beyond such case and its
disposition.
