New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
Chapter II - Conditional Release
Part 362 - Violation Of Conditional Release
Section 362.4 - Procedures for new offense violations for conditional release supervision cases
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 362.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Procedures upon arrest for an offense prior to conviction.
(1) Investigating the alleged offense.
(i) Upon a probation department's knowledge
that a conditional releasee under its supervision has been arrested for an
offense, 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. The results of this investigation shall be presented by the
probation officer to his immediate supervisor upon conclusion of the
investigation.
(3) Required
actions. After supervisory notification, the following action shall be taken
with supervisor approval based upon the nature of the alleged offense, and the
potential threat of the conditional releasee to himself or to the community:
(i) Arrest for an offense. Where any alleged
offense(s) occurred the probation officer shall notify the local conditional
release commission and provide said commission with a brief description of the
alleged offense(s) and the status of the case, no later than three business
days after receipt of the arrest notification. Such notification may be
accompanied by:
(a) a request for declaration
of delinquency;
(b) a request for a
declaration of delinquency and a warrant;
(c) a request that the commission take no
action at the present time and the reasons for such a request.
The commission shall be notified by the department of any changes in the status of the case.
(ii) When the conditional releasee is
detained due to the arrest, the probation officer shall maintain liaison with
the detaining authorities and, whenever possible, shall visit the conditional
releasee periodically during his detention. If the conditional releasee is in
the community pending disposition of the arrest, the probation officer shall
intensify his supervision of the case.
(b) Procedures upon conviction of a crime.
(1) Investigating the conviction. When a
probation department receives notification that a conditional releasee has been
convicted of a crime which conviction occurred during the period of conditional
release supervision, the probation officer shall commence an investigation.
Such investigation shall consist of all relevant facts concerning the new
conviction unless this information has been obtained in a prior
investigation.
(2) Supervisor
notification. The facts of this investigation shall be presented by the
probation officer to his immediate supervisor upon conclusion of the
investigation.
(3) Required action.
At the conclusion of the investigation, the probation officer shall notify the
commission of the new conviction, along with a description of the crime(s).
Where a violation of conditional release has not been previously filed, the
probation officer shall file a violation of conditional release and report with
the commission. Every report shall contain a summary of the conditional
releasee's activities to date and the facts which would be sufficient to
establish that any violation(s) of conditional release occurred. A copy of this
report shall be retained in the official case record. When a violation of
conditional release is filed, any request for a declaration of delinquency
shall also be filed with the commission at this time and any request for a
warrant.
(4) The probation officer
assigned with supervision of the case shall notify the probation officer who is
conducting a pre-sentence investigation ordered by the criminal court as to the
status of any violation of conditional release.
(c) Procedures upon conviction of a violation.
(1) Investigating the conviction.
When a probation department receives notification that a conditional releasee
has been convicted of a violation which occurred during the period of
conditional release supervision, the probation officer shall commence an
investigation. Such investigation shall consist of all relevant facts
concerning the new conviction, unless this information has been obtained in a
prior investigation.
(2) Supervisor
notification. The facts of this investigation shall be presented by the
probation officer to his immediate supervisor upon conclusion of the
investigation.
(3) Required action.
After supervisory notification, one of the following actions shall be taken
with supervisor approval based upon the nature of the conviction and the
potential threat of the conditional releasee to himself or to the community:
(i) The probation officer shall notify the
commission of the conviction, along with a description of the violation, and,
where commission notification has occurred, the Probation Department shall file
the appropriate report. The report shall contain a summary of the conditional
releasee's activities to date, and the facts which would be sufficient to
establish that any violation(s) of conditional release occurred. A copy of the
report shall be retained in the official case record. When a violation of
conditional release is filed, any request for a declaration of delinquency
shall also be filed with the commission at this time and any request for a
warrant.
(ii) The probation officer
shall initiate departmental administrative procedures prior to commission
notification or the submission of a recommendation for further commission
involvement. The probation officer may meet with the conditional releasee for
the purpose of discussing the conviction and issuing a warning. If the issues
presented by the conviction can be resolved, the commission shall be notified
of the conviction along with a description of any violation(s), any action
taken by the department, and a recommendation to the commission that the
Probation Department should be allowed to issue a warning to the conditional
releasee and to adjust the case administratively. A copy of any reports shall
be retained in the official case record.
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