9 CRR-NY 8005.17NY-CRR
9 CRR-NY 8005.17
9 CRR-NY 8005.17
8005.17 Hearing schedules.
(a) The final revocation hearing shall be scheduled to take place within 90 days of a determination that there is probable cause to believe that the alleged violator has violated the conditions of his release in an important respect, or within 90 days of the waiver of the preliminary hearing; except where such hearing is ordered held in abeyance pursuant to the releasee's waiver thereof pending his successful completion of, and discharge from, a parole transition facility.
(b) The alleged violator and an attorney who has filed a notice of appearance shall be given written notice of the date, place and time of the hearing as soon as possible, but at least 14 days prior to the scheduled date of the hearing.
(c) Adjournments.
(1) An application to adjourn a previously scheduled final revocation hearing must be filed with the hearing coordinator at the local area office which scheduled the hearing at least seven days in advance of the scheduled hearing date, except that:
(i) for those hearings scheduled to be conducted within New York City, the application must be filed with the Parole Violation Unit of the Division of Parole, 314 W. 40th Street, New York, NY 10018; and
(ii) for those hearings scheduled in the counties of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester, the application must be filed with the Region 3 Violation Unit of the Division of Parole, 82 Washington Street, Poughkeepsie, NY 12601. An application may be made either by an alleged violator if said person is not represented by an attorney, or by an attorney for the alleged violator, or by a representative of the division. The application shall be in writing and shall state the reason for the requested adjournment. Such request may be granted for good cause shown.
(2) Where an application for an adjournment is not timely filed pursuant to paragraph (1) of this subdivision, a request for an adjournment may be granted only as follows:
(i) For all hearings except those to be conducted at the Rikers Island, Bronx, Manhattan and Long Island City hearing sites within New York City, the request may be granted only when exceptional circumstances are alleged to exist, and the application is made at least one business day prior to the scheduled hearing. The application may be made orally to the hearing coordinator in the local area office, to the Region 3 Violation Unit, or to the Parole Violation Unit (“PVU”), as appropriate. When the application is granted by the hearing coordinator, the Region 3 Violation Unit, or PVU, the applicant shall file with the hearing coordinator, or the Region 3 Violation Unit, or PVU, as appropriate, a written statement setting forth, in detail, the reasons for the adjournment within 10 days following the granting of the request.
(ii) For all hearings to be conducted at the Rikers Island, Bronx, Manhattan and Long Island City hearing sites within New York City, the request may only be made before the presiding officer at the scheduled hearing site on the day of the hearing. In order to facilitate such applications, the division shall utilize a calendar call that will commence one half hour prior to the scheduled starting time for the conduct of hearings. The alleged violator will not be present at the calendar call. The presiding officer conducting the calendar call will call the calendar and, for those cases where both party representatives are ready to proceed on the merits, and the alleged violator has been produced, establish the order of presentation of such cases. The presiding officer conducting the calendar call will permit a recess for a reasonable period of time for case conferences between the party representatives. Conferenced cases will then be placed on the ready calendar or may be adjourned on application of either party. A case is ready when:
(a) the party representative is present;
(b) the necessary witnesses are present or prepared to attend the hearing within a limited period of time;
(c) the statutory notice requirements have been met or waived; and
(d) no more than 10 minutes of consultation time with the client or any witness is needed. Cases with interpreters will be scheduled as early as practicable on the calendar. In those cases where both party representatives are ready to proceed but the alleged violator has not been produced by the detaining authority, the matter will be recessed for a later calendar call during that day at a time to be announced by the presiding officer. In all other cases wherein one of the party representatives has stated that the party is not ready to proceed, at the conclusion of the calendar call the presiding officer will consider an application for an adjournment. Before deciding the application for an adjournment, the presiding officer will conduct an inquiry on the record to determine the dates on which all relevant papers were served, notices of appearance were filed, and written notices were given, and will make any other appropriate inquiry. All decisions made by the presiding officer as to chargeability of time will be made for administrative purposes only and will be subject to judicial review. Applications for adjournments will be decided as follows:
(1) Where the division's representative states that the division is not ready to proceed, the matter will be adjourned with time chargeable to the division, subject to the provisions of subclause (4) of this clause.
(2) Where the division is ready to proceed and the alleged violator is not represented, or if an attorney who has filed a notice of appearance as counsel for the alleged violator is not present, the presiding officer will incorporate the matter into the ready calendar for that day. When such case is called for hearing, the presiding officer at the hearing will:
(i) In a case where an alleged violator is not represented, determine whether the alleged violator desires counsel or is ready to proceed pro se. If the alleged violator elects to waive the right to counsel, the hearing will go forward. Alternatively, if the alleged violator indicates that representation is desired, the matter will be adjourned chargeable to the alleged violator.
(ii) In a case where counsel has filed a notice of appearance but is not present, determine whether proper notice of the hearing was provided to counsel. If proper notice was given, the matter would thereupon be adjourned with time chargeable to the alleged violator, except, that in a case where the alleged violator wishes to proceed without counsel, the hearing shall go forward if the presiding officer determines that such waiver of counsel has been made knowingly and intelligently.
(3) Where the alleged violator's representative states that the defense is not ready to proceed, the presiding officer will determine whether to grant the requested adjournment and if it is granted decide to whom the adjournment is to be charged.
(4) In a case where either the division's adversary officer or counsel for the alleged violator is at another hearing location for a scheduled final revocation hearing, and a representative of that attorney or adversary officer is present at the calendar call and requests a recess until later that day, where the presiding officer determines that:
(i) the case is otherwise ready to proceed but for the presence of the adversary officer or counsel for the alleged violator; and
(ii) it is represented that the necessary party will be available at some point during the day, the presiding officer shall recess the matter for a calendar call to be conducted later that day at a time to be determined by the presiding officer.
(5) All cases recessed to the second calendar call will be disposed of at the time that calendar is called by placing the case on the ready calendar or adjourning the matter as indicated in this subdivision.
(6) Nothing contained herein shall preclude a presiding officer from adjourning a case with chargeable time allocated between parties.
(3) Where an adjournment is granted at the request of or agreed to by an alleged violator or his counsel, or where an alleged violator or his attorney, by their actions, preclude the prompt conduct of a final revocation hearing, the time in which to hold the hearing shall be extended to the next available date.
(4) A request for a continuance of a hearing already in progress may be granted in the discretion of the presiding officer, having due regard for the interests of all parties. Such requests shall be for good cause and must be noted on the hearing record.
(5) The presiding officer, on his own motion, may adjourn the hearing, having due regard for the interests of all parties.
9 CRR-NY 8005.17
Current through September 15, 2021
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above 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 Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.