N.Y. Comp. Codes R. & Regs. tit. 9 § 8000.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 8000.2 - Definitions

When used in this Subtitle:

(a)Board means the State Board of Parole in the Department of Corrections and Community Supervision.

(b)Department means the Department of Corrections and Community Supervision.

(c)Board member means a member of the State Board of Parole.

(d)Chairman, Chairwoman or Chairperson means a member of the State Board of Parole who is designated by the Governor to serve in that capacity.

(e)Community Supervision means the supervision of individuals released into the community on presumptive release, parole, conditional release, post release supervision or medical parole.

(f)Releasee means a person released into the community on presumptive release, parole, conditional release, post release supervision or medical parole or received under the Uniform Act for out-of-state parolee supervision.

(g)Final revocation hearing means a hearing to determine whether a person released on community supervision has violated one or more of the conditions of release in an important respect. (h) Preliminary hearing means a hearing to determine whether there is a preponderance of the evidence to believe that a person on parole or conditional release has violated one or more of the conditions of release in an important respect.

(i)Hearing officer means an employee of the Department authorized to conduct revocation proceedings who, pursuant to section 259-d of the Executive Law, is appointed by the chairperson and reports directly to the Board.

(j)Administrative Law Judge means a hearing officer authorized to conduct both preliminary and final revocation hearings.

(k)Preliminary Hearing Officer means a hearing officer authorized to conduct preliminary revocation hearings.

(l)Adversary officer means an employee of the Department who may represent the Department at preliminary or a final revocation hearing. A parole officer, senior parole officer, area supervisor, or parole revocation specialist or other employee designated by the Department may act as an adversary officer.

(m)Parole officer means an employee of the Department whose duties may include but are not limited to the supervision of persons on parole or conditional release, performance of nonclerical duties in institutions, and the representation of the Department at preliminary and final revocation hearings.

(n)Designated officer means any officer of the Department whom the board has designated to issue and sign a warrant for the retaking and detention of any releasee or to approve a notice of violation for prosecution.

(o)Final declaration of delinquency means a declaration of delinquency issued by the board where a releasee has been convicted of a new felony committed while under their present community supervision and a new indeterminate or determinate sentence has been imposed. The issuance of a final declaration of delinquency eliminates the necessity for revocation hearing.

(p)Filed means received at the appropriate office of the Board or Department.

(q)Violation of a term of release means conduct, including one or more acts or omissions, by a releasee which amounts to (1) a failure to comply with a condition of community supervision; or (2) a felony or misdemeanor offense.

(r)Non-technical violation means a violation of a term of release which is either:

(1) the commission of a new felony or misdemeanor offense; or

(2) conduct by 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 which violated a specific condition reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense.

(s)Technical violation means a violation of a term of release through any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense.

(t)Absconding means intentionally avoiding supervision by failing to maintain contact or communication with the releasee's parole officer or area office/bureau and to notify his or her assigned parole officer or area office/bureau of a change in residence, and reasonable efforts by the parole officer to re-engage the releasee have been unsuccessful.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8000.2

Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023