9 CRR-NY 8005.19NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE CC. DIVISION OF PAROLE
PART 8005. REVOCATION HEARINGS
FINAL REVOCATION HEARINGS
9 CRR-NY 8005.19
9 CRR-NY 8005.19
8005.19 Conduct of hearing.
(a) At the final revocation hearing, the presiding officer shall read the charges. The alleged violator shall be sworn as provided by law. The alleged violator shall plead not guilty, guilty, guilty with an explanation, or stand mute with respect to each of the charges.
(b) If the alleged violator pleads guilty or guilty with an explanation, the presiding officer shall direct the presentation of evidence, if any, with respect to mitigation of the violations and restoration to parole.
(c) All persons giving evidence at the hearing shall be sworn by the presiding officer in accordance with law.
(d) If the alleged violator pleads not guilty or elects to stand mute, the presiding officer shall direct the presentation of evidence with respect to each charge. At the conclusion of each witness' testimony, the presiding officer shall allow for the cross-examination of the witness. Evidence of mitigating circumstances, or in defense to the charges, shall be admitted after presentation of all evidence in support of a violation of parole, and in the same manner as evidence with respect to each charge.
(e) The standard of proof at a final revocation hearing is a preponderance of evidence adduced at the hearing in support of a charge that the alleged violator has violated one or more of the conditions of his release in an important respect.
9 CRR-NY 8005.19
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.