9 CRR-NY 8004.2NY-CRR
9 CRR-NY 8004.2
9 CRR-NY 8004.2
8004.2 Warrant for retaking and temporary detention.
(a) If a parole officer having charge of a releasee shall have reasonable cause to believe that such person has lapsed into criminal ways or has violated one or more of the conditions of his release in an important respect, such parole officer shall report such fact to a member of the board or a designated officer. Designated officer as used herein shall mean a senior parole officer, supervising parole officer, deputy regional director, regional director, deputy director of operations, the director of operations, chief of the parole violation unit, assistant chief of the parole violation unit, and any officer who has been provided with specific authorization by the Board of Parole. No officer shall issue a warrant in a case where he is the one who furnishes the report upon which it is based.
(b) The member or designated officer may issue a warrant for the retaking and temporary detention of a releasee, provided that the designated officer issuing the warrant shall not also be the officer recommending issuance of the warrant.
(c) A warrant for retaking and temporary detention may issue when there is reasonable cause to believe that the releasee has lapsed into criminal ways or has violated the conditions of his release in an important respect. Reasonable cause exists when evidence or information which appears reliable discloses facts or circumstances that would convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that a releasee has committed the acts in question or has lapsed into criminal ways. Such apparently reliable evidence may include hearsay.
(d) Issuance of warrant, following arrest for crime.
(1) If a releasee has been arrested for a crime, the parole officer having charge of such releasee shall cause an investigation to be made into the facts and circumstances surrounding that arrest and shall submit a report in writing to a board member. Upon review of such report, a board member may direct that a warrant for retaking and temporary detention be issued if a warrant has not already been issued by a designated officer.
(2) If a releasee is arrested for a felony and held for court action, a warrant for retaking and temporary detention shall be filed against him, except as otherwise directed by the area supervisor, where there is good cause shown for not filing the warrant or where it otherwise appears that there is insufficient evidence available to the board to institute revocation proceedings.
(3) If a releasee, previously convicted of murder, manslaughter, rape in the first degree, sodomy in the first degree, aggravated sexual abuse in the first or second degree, or an attempt to commit any of the enumerated offenses, is arrested for a crime defined in article 120, 125 or 130 of the Penal Law, the parole officer having charge of such releasee shall report the facts and circumstances of such arrest to a board member or a designated officer as soon as the parole officer becomes aware of the arrest, but in no event longer than five hours from the point that the parole officer becomes aware of the arrest. Upon review of such information, a warrant for retaking and temporary detention shall be issued by the reviewing board member or designated officer, except as otherwise directed by the area supervisor, upon a finding by the area supervisor that there is insufficient evidence available to the board to institute revocation proceedings, and except that no such warrant need be issued for a case on inactive supervision. The issuing officer shall cause such warrant to be enforced as soon as practicable in accordance with division policy. The provisions of this paragraph are directory, and shall not create or confer any new or additional right in favor of the alleged violator; specifically, noncompliance with the time period set forth in this paragraph shall not be a basis for vacature of a parole violation warrant.
(e) The warrant for retaking and temporary detention may be executed by any parole officer, any officer authorized to serve criminal process or any peace officer.
(f) Such officer shall be authorized to take such person and have him detained in any jail, penitentiary, lockup or detention pen which shall be located, insofar as practicable, in the county or city in which the arrest occurred.
(g) At any time after the issuance of a warrant for retaking and temporary detention, and before the preliminary hearing or waiver thereof, an officer of the division assigned to field service and holding a title above senior parole officer, after consultation with the designated officer issuing the warrant, may report in writing such circumstances concerning the warrant as are relevant to a board member who may then vacate the warrant.
(h) The vacating of a warrant pursuant to subdivision (g) of this section may be without prejudice to the reissuance of a new warrant based upon the same charges, as the board member directs.
9 CRR-NY 8004.2
Current through September 15, 2021
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.