(j) Be prohibited from owning, possessing, or purchasing any shotgun, rifle or firearm of any type without the written permission of his probation officer and owning, possessing or purchasing any deadly weapon or dangerous instrument defined in the Penal Law [(loaded weapon, switchblade knife, gravity knife, pilum ballistic knife, dagger, billy, blackjack, metal knuckles), electronic dart gun, cane sword, bludgeon, chuka stick, sand bag, wrist-brace type slingshot or slingshot, dangerous knife, dirk, razor, stiletto, imitation pistol, shirken or kung-fu star or any other dangerous weapon]. In addition, agree not to own, possess or purchase any instrument readily capable of causing physical injury without a satisfactory explanation for ownership, possession or purchase.

This proposal conforms to the recent changes made by the Legislature. Chapter 54 of the Laws of 2019 legalizes the possession of the commonly sold and lawfully used folding knife by removing the term "gravity knife" from the Penal Law.

As such, it is apparent from the nature and purpose of the proposal that the technical changes made to the last published rule will have no impact on jobs and employment opportunities.

Dear Assemblyman Quart:

I hope this letter finds you, your family, and staff doing well at this difficult time. I am writing in response to your letter dated July 13, 2020, wherein you comment on a recent rule change proposed by the NYS Division of Criminal Justice Services (DCJS), specifically, 9 NYCRR § 364.1 (j), setting forth the conditions for conditional release (State Register I.D. #CJS-19-20-000110-P). DCJS proposed this rule change to address a recent amendment to the Penal Law that removed the term “gravity knife” from the definition of a per se “deadly weapon” in Penal Law § 10.00 (12), and repealed all provisions related to criminal possession, manufacture, transport and disposition of gravity knives. The proposed amendment also references “dangerous instrument.”

DCJS very much appreciates you taking the time to comment on the proposed rule amendment. You noted that “[t]he proposed regulation does not address the use or intended use of a dangerous instrument (which would presumably be treated as a new offense violation), but instead establishes a blanket ban on owning, possessing or purchasing any such item. The Office cannot intend that a conditional releasee cannot own or buy any number of common household items (including a vehicle, which is explicitly referenced in the Penal Law definition).” NY Penal Law § 10.00 (13) defines “Dangerous Instrument” as …”any instrument, article, or substance, including a ‘vehicle’ as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury”.

In determining the importance of retaining this language, DCJS reached out to the Erie County Probation Department, a provider of Conditional Release services, and spoke with Probation Commissioner Brian McLaughlin and Deputy Commissioner Michelle A. Olszowy. Both voiced strong support for retaining this language in the DCJS regulation to continue to provide probation officers with discretion where an object capable of causing harm is possessed without a reasonable explanation. As you are aware, the proposed regulation amendment includes the following language: “without a satisfactory explanation for ownership, possession or purchase” of said instrument. However, DCJS will make a technical, non-substantive change to clarify that the regulations should read “deadly weapon” or “dangerous instrument” and not “deadly or dangerous weapon or instrument.”

Thank you for your careful review of the proposed rule change and taking the time to advise me of your concerns. It is very much appreciated.