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 362.5 - Procedures for technical violations
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 362.5
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Procedures for violations other than absconders.
(1) Investigating the alleged
violation(s).
(i) When a probation officer
has reasonable cause to believe that a person who has been conditionally
released has lapsed into criminal ways or company, or has violated one or more
conditions of conditional release, 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 violation(s).
(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 actions. Within three business
days of the commencement of an investigation, the probation officer shall
notify the commission and provide said commission with a brief description of
the technical violation, a summary of the conditional releasee's activities to
date and a recommendation that:
(i) the case
be informally adjusted by the department; or
(ii) a declaration of delinquency and warrant
be issued. A violation of conditional release shall be prepared by the
probation officer and forwarded to the commission. The report shall contain a
summary of the conditional releasee's supervision activities to date, and the
facts which would be sufficient to establish that any violation(s) of
conditional release occurred. A copy of such report shall be retained in the
official case record or a summary of the informal adjustment shall be retained
in the official case record. A summary of the commission action shall be
prepared and entered into the official case record.
(b) Procedures for technical violations in cases of absconders.
(1) Upon
determination that a conditional releasee has absconded, the probation officer
shall notify the commission and, at such time, shall file a violation of
conditional release together with a request for a declaration of delinquency
and a request for a warrant.
(2) At
all times, the probation officer shall exercise due diligence in attempting to
locate any absconder. As a minimum the probation officer having responsibility
for any absconder shall contact police authorities, the last known residence,
employer, and/or friend, relatives and agencies with whom the conditional
releasee may have established communication. The result of such contacts shall
be entered into the official case record.
(3) The director of probation shall be
responsible for maintaining a log of all active absconder cases.
(4) The provisions of Part 355.9 of 9 NYCRR
establishing requirements for the execution and administration of probation
violation warrants shall be considered applicable to to this section and shall
be adhered to for violation of conditional release warrants.
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