N.Y. Comp. Codes R. & Regs. Tit. 9 § 8002.6 - Parole violator re-release
(a)
Definition.
A time assessment is a period of time which is fixed as a result of a final parole revocation hearing and which determines a date by which time the parole violator will be eligible for re-release.
(b)
How
calculated.
(1) The time assessment
will be set in months except, where applicable, it may be set as a hold to the
maximum expiration of the sentence. It will commence running on the date that
the parole violation warrant was lodged.
(2) Time assessments will be calculated in
the same way for all parole violators for whom a time assessment has been
imposed, irrespective of whether the violator is in a local or State
correctional facility, and irrespective of whether there are criminal charges
pending against the parole violator.
(3) For any time assessment imposed,
including the assessment to be served in the event the violator fails to
successfully complete an alternative program to be provided upon their return
to a State correctional facility, if the time remaining on the sentence is less
than the time assessment specified by the presiding officer, such assessment
shall be deemed a hold to the maximum expiration of the sentence.
(4) Within this section and section
8005.20
of this Title, sentence shall include sentence and post
release supervision time, if any.
(c)
(1)
Eligibility for re-release. All parole violators identified as eligible for
re-release as defined by subdivision (a) of this section, will be re-released
to parole supervision as soon as practicable after completion of the delinquent
time assessment imposed irrespective of whether they are in State or local
custody. If, at the completion of the delinquent time assessment imposed, the
parole violator is serving the balance of a definite sentence of incarceration,
the parole warrant will be lifted upon completion of the delinquent time
assessment. However, when presented with one or more of the following
circumstances, the board of parole will consider the violator's re-release
pursuant to subdivision (d) this section:
(i)
the parole violator has engaged in behavior, which constitutes a violation of
facility rules or has been found guilty of having violated such
rules;
(ii) the parole violator has
experienced a significant change in his/her emotional/mental state (which may
be evidenced by the parole violator's transfer to a psychiatric ward or
facility, his/her commitment to a mental hygiene facility, or his/her placement
on a suicide watch or functional equivalent);
(iii) the parole violator was
arrested/convicted of a new felony subsequent to the final parole revocation
hearing; or
(iv) the board receives
any information that supports a reasonable conclusion that the parole violator
may not be suitable for re-release. Such information shall include, but not be
limited to, information pertaining to self-destructive or threatening behavior
by the parole violator.
(d)
Consideration by the parole
board .
(1) Parole violator in local
custody. If at any time preceding the expiration of the time assessment
imposed, the parole violator is identified as an exception for re-release
eligibility under subdivision (c) of this section and the parole violator
remains in local custody, the violator will be considered for re-release by the
board upon the violator's return to a State correctional facility. Such
consideration shall be through an interview by a panel of two or more members
of the board of parole as soon as practicable from the time of the violator's
return to State custody. When the Board of Parole considers the parole violator
for re-release, there shall be no presumption, express or implied, favoring the
violator's re-release.
(2) Parole
violator in State custody. If at any time preceding the expiration of the time
assessment imposed, the parole violator is identified as an exception for
re-release eligibility under subdivision (c) of this section and the parole
violator is incarcerated in a State correctional facility, then the following
rules shall apply:
(i) Consideration by the
board of parole of a violator in State custody may be conducted by one or more
members of the board during the two-month period immediately preceding the
expiration of the time assessment without a personal interview.
(ii) After considering a parole violator who
is in State custody for re-release, the board member or members will make one
of two possible determinations as follows:
(a)
the board may direct that the violator be re-released to supervision upon
expiration of the time assessment after a satisfactory release program is
developed and approved; or
(b) the
board may require that a personal interview be conducted between a panel of two
or more members of the board and the parole violator. When the board requires a
personal interview, such interview shall be conducted within a reasonable time.
When, after such interview, the board again considers the parole violator for
re-release, there shall be no presumption, express or implied, favoring the
violator's re-release.
(iii) Grounds for requiring a personal
interview. Any one of the following circumstances may serve as a ground for the
board to require an interview between the panel of the board and the parole
violator:
(a) the parole violator has engaged
in behavior which constitutes a violation of facility rules or has been found
guilty of having violated such rules;
(b) the parole violator has experienced a
significant change in his/her emotional/mental state (which may be evidenced by
the parole violator's transfer to a psychiatric ward or facility, his/her
commitment to a mental hygiene facility, or his/her placement on a suicide
watch or functional equivalent);
(c) the parole violator was
arrested/convicted of a new felony subsequent to the final parole revocation
hearing;
(d) escape, absconding or
removal from temporary release; or
(e) the board receives any information that
supports a reasonable conclusion that the parole violator may not be suitable
for re-release. Such information shall include, but not be limited to,
information pertaining to self-destructive or threatening behavior by the
parole violator.
(e)
Inapplicability to certain
cases.
The provisions of this section shall be inapplicable to any parole violator whose eligibility for parole release is governed by the statutory requirements of a new sentence.
(f)
Interim procedures for certain
cases.
For those parole violators whose time assessments expired
prior to the effective date of this section, or will expire within 90 days
after the effective date of this section, the provisions of subdivisions (c)
and (d) of this section shall be deemed to be modified as follows:
consideration by the
Notes
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