New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
Chapter I - ADMINISTRATION OF PROBATION
Part 352 - Graduated Responses
Section 352.7 - Procedures for new offense violations for criminal supervision cases
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 352.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Procedures upon a probationer's arrest for a new offense.
(1) Investigating the alleged offense.
(i) Upon a probation department's knowledge
that a probationer under its supervision has been arrested for a new offense
(other than a traffic infraction), the probation officer shall commence an
investigation.
(ii) Such
investigation shall, to the extent necessary, consist of determining the facts
and seriousness of the alleged offense.
(2) Supervisor notification and consultation.
The results of this investigation shall be presented by the probation officer
to the immediate supervisor or other probation official upon conclusion of the
investigation.
(3) Required
actions. One of the following actions shall be taken with supervisor approval
based upon the nature of the alleged offense, and the potential threat of the
probationer to the victim(s), the community, and/or self:
(i) Arrest for a violation-level offense.
Where any alleged violation-level offense(s) occurred, no action shall be
required, unless provided for in local policy, until such time as there is a
conviction, in which event, the provisions of subdivision (b) of this section
shall apply.
(ii) Arrest for a
crime. Where any alleged crime(s) occurred, the probation officer shall notify
the proper court(s) and provide a brief description of the alleged crime(s) and
the status of the case, no later than seven business days upon learning of an
arrest from any source. Said information shall be recorded in either a court
notification report or a violation of probation petition and report. Either
report may request issuance of a notice to appear to secure the probationer's
appearance before the court. Where a violation of probation petition and report
is filed, it shall be accompanied by:
(a) a
request for any declaration of delinquency; and
(b) either a request that the probationer be
required to appear before the court (notice to appear), or a request for a
warrant. The department shall continue to notify the court of relevant changes
in the status of the case.
(b) Procedures upon conviction of a new offense.
(1) Investigating the
conviction. When a probation department receives notification that a
probationer has been convicted of an offense which occurred during the period
of probation supervision, the probation officer shall commence an
investigation. Such investigation shall consist of determining all relevant
facts concerning the new conviction unless this information has been obtained
in a prior investigation.
(2)
Supervisory notification and consultation. The facts of this investigation
shall be presented by the probation officer to the immediate supervisor or
other probation official upon conclusion of the investigation.
(3) Court notification. Upon conclusion of
the investigation and supervisory notification and consultation, the probation
officer shall file either a court notification report or a violation of
probation petition and report (either of which shall be an update of any prior
report) within seven business days of the Probation Department's knowledge of
the conviction. Where the new conviction is for a violation-level offense, a
court notification report may be filed. Where a violation of probation petition
and report is filed, it shall satisfy the requirement for court notification
and shall be accompanied by:
(i) a request for
any declaration of delinquency, if not already granted; and
(ii) either a request for a notice to appear,
or a request for a warrant for the arrest of the probationer if deemed
necessary.
(4) In lieu of
a recommendation for formal court action, the probation officer, with
supervisory approval, may initiate departmental administrative procedures. If
the issues presented by the conviction can be resolved administratively, the
court shall be apprised of any action taken by the department, with a
recommendation to the court that the Probation Department be allowed to adjust
the case administratively.
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