9 CRR-NY 8004.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE CC. DIVISION OF PAROLE
PART 8004. REVOCATION PROCESS
9 CRR-NY 8004.3
9 CRR-NY 8004.3
8004.3 Declaration and cancellation of delinquency.
(a) A declaration of delinquency may be issued by a board member or by a supervising parole officer (bureau chief) after receiving the violation of parole report, and after either:
(1) a waiver by the releasee of the preliminary hearing;
(2) a finding of probable cause at a preliminary hearing;
(3) a finding by a member or supervising parole officer (bureau chief) that there is reasonable cause to believe the releasee has absconded from supervision; or
(4) a finding that the releasee has been convicted of a new crime while under his/her present parole, conditional release or period of post release supervision.
(b) The date of delinquency is the earliest date that a violation of parole is alleged to have occurred. The declaration of delinquency, when issued, interrupts the sentence as of the date of the delinquency.
(c) The parole officer having charge of a releasee shall submit a violation of parole report to the Board of Parole or supervising parole officer (bureau chief) following a finding of probable cause at a preliminary hearing or following a waiver thereof; or where the parole officer has reasonable cause to believe that such person has absconded from supervision; or where the parole officer has reasonable cause to believe that the releasee has been convicted of a new crime committed while under his/her present parole, conditional release or period of post release supervision.
(d) Upon review of such report, one member of the board or supervising parole officer (bureau chief) may issue:
(1) a declaration of delinquency and, where the releasee is in custody, or where there is reasonable cause to believe the releasee has absconded, order:
(i) a final revocation hearing; or
(ii) where the releasee has waived a final revocation hearing so as to facilitate accelerated placement in a parole transition facility, order that the final hearing be held in abeyance pending said releasee's completion of the transition facility program or his removal therefrom; or
(2) with the concurrence of two other members, order such releasee restored to supervision under such circumstances as are deemed appropriate.
(e)
(1) Where a final revocation hearing has not yet commenced by the swearing of witnesses and the taking of testimony or evidence, delinquency may be cancelled and the warrant vacated by three members of the board or the administrative law judge, who shall state their reasons in writing for the cancellation at or before the time of the final hearing but prior to the swearing of witnesses and the taking of testimony or evidence. In cases where the alleged violator is serving a sentence for a felony offense under articles 125, 130, 135, 230, 235, 255, 263, 485 or 490 of the Penal Law, or where the violator had been granted early conditional parole for deportation only or conditional parole for deportation only pursuant to section 259-i(2)(d) of the Executive Law, such cancellation of delinquency can only be effectuated by the three members of the Board of Parole. Cancellation of delinquency under this subdivision shall not preclude a subsequent declaration of delinquency based on the same charges.
(2) A cancellation of delinquency may also be granted in accordance with paragraph (1) of this subdivision where such cancellation is contingent upon the successful completion of a treatment program of a specified duration. If so, such cancellation of delinquency shall not become effective until the occurrence of the contingent event. A cancellation of delinquency under this subdivision shall preclude a subsequent declaration of delinquency based on the same violation charges. However, the underlying charges and the cancellation of delinquency may be considered as facts relevant to disposition in any subsequent revocation proceeding.
(f) Where a revocation hearing has commenced by the swearing of witnesses and the taking of testimony or evidence, a declaration of delinquency may no longer be cancelled except following dismissal of all violation charges at the conclusion of a final revocation hearing. A cancellation of delinquency under this subdivision shall preclude a subsequent declaration of delinquency based upon the same violation charges.
(g) Final declaration of delinquency.
Whenever a paroled or conditionally released person, or person serving a period of post release supervision, has been:
(1) convicted of a new felony committed while under his/her present parole, conditional release or period of post release supervision; and
(2) sentenced to an indeterminate or determinate term upon such conviction, the board may issue a final declaration of delinquency, in lieu of directing that a final hearing be held, which will have the effect of revoking such person's parole, conditional release or period of post release supervision. Any final declaration of delinquency that may be issued shall be so issued upon such person's reception at an institution under the jurisdiction of the Department of Corrections and Community Supervision pursuant to said new indeterminate or determinate sentence. The date of delinquency for the final declaration of delinquency by the board may be either the date of the commission of the new felony offense or the date of sentencing for such offense. Subsequent to the issuance of the final declaration of delinquency, the inmate's next appearance before the board will be governed by the calculation of the minimum sentence, or the calculation of the aggregate minimum sentences, in accordance with applicable law.
9 CRR-NY 8004.3
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.