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 352.8 - Issuance and Management of warrants for arrest of probationers and notices to appear
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 352.8
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The local probation director shall establish written policies and procedures governing:
(1) the circumstances to be
considered relative to obtaining a notice to appear or warrant;
(2) the timely preparation and delivery to
the appropriate court for consideration of the recommendation and, where
necessary, follow-up communication and documentation of the court's response to
the request;
(3) where the
probation department is the holder of criminal court warrants for the arrest of
probationers,
(i) a process that ensures
chronological tracking of all warrants from the request for such, through
issuance, receipt at the department, entry into the NYS Division of Criminal
Justice Services (NYS DCJS) Wanted/Missing Persons file system,
intradepartmental chain of responsibility, execution, and, as appropriate,
cancellation. Such procedures shall comply with the electronic posting of
warrants as required by NYS DCJS and issued by the National Crime Information
Center (NCIC);
(ii) a process that
ensures the timely entry of warrants and removal of warrants from the NYS DCJS
Wanted/Missing Persons file system in a manner that complies with the
electronic posting of warrants as required by NYS DCJS and NCIC, and the
updating of information in the NYS DCJS Integrated Probation Registrant System
(IPRS).
(4) Where other
law enforcement agencies enter and hold warrants for the arrest of
probationers, the local director shall establish written policies that clearly
delineate the department's responsibility as to the issuance, tracking,
execution, and cancellation of warrants for the arrest of probationers. This
policy shall not inhibit the entering/holding agency's ability to comply with
the electronic posting of warrants as required by NYS DCJS and
NCIC.
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