N.Y. Comp. Codes R. & Regs. tit. 9 § 361.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 361.1 - Definitions

(a) The term absconder means a conditional releasee who has failed to make his whereabouts known for a period of 30 days by failure to report or who has left the specified geographic area without permission of his probation officer.

(b) The term auxiliary personnel means a person, other than a probation officer, designated by the Director of Probation to act for the Probation Department.

(c) The term classification means the specification of the frequency of contact between probation officer and conditional releasee in accordance with particular criteria and procedures which will determine the required level of supervision.

(d) The term classification instrument means a standardized, statistically developed procedure for determining the required frequency of supervision based upon the likelihood of successful completion of conditional release.

(e) The term conditional releasee means individuals released pursuant to section 70.40 (2) of the Penal Law.

(f) The term conditional releasee means release authorized pursuant to section 70.40 (2) of the Penal Law.

(g) The term conditions of conditional release means specific requirements prescribed by the local conditional release commission as part of conditional release to assist the conditional releasee in leading a law-abiding life.

(h) The term contact means a communication with the conditional releasee.

(1) The term personal contact means a face-to-face contact with the conditional releasee.

(2) The term home visit means a visit to the conditional releasee's home to verify residence.

(3) The term collateral contact means a communication with a person other than the conditional releasee concerning the conditional releasee, either in person, by telephone or by mail.

(i) The term differential supervision means a system whereby conditional releasees are classified pursuant to specified criteria and assigned to one of three levels of supervision: level I--intensive; level II--medium; and level III--minimum.

(j) The term dual supervision means the establishment of custodial responsibility by another governmental or private social agency in concert with a conditional release order or concurrent probation supervision.

(k) The term needs assessment means a standardized procedure which, while encouraging the conditional releasee to participate, identifies his needs and/or aspects of his behavior or life situation which, if not addressed, could impede rehabilitation or promote continued illegal behavior.

(l) The term quarterly supervision period means a three-month period calculated from the date an individual is released to conditional release and quarterly thereafter.

(m) The term supervision means the sum of the activities of a probation officer which includes the review of the condition of conditional release with each conditional releasee, instructing him with regard thereto, keeping informed of the conditional releasee's compliance with the terms and conditions of release; keeping himself informed concerning a releasee's conduct, habits, associates, employment, recreation, and whereabouts; aiding a conditional releasee in securing employment; and aiding and encouraging him by counseling, guidance and admonition and by such other measures as may seem most suitable to bring about improvement in his conduct, condition, and general attitude toward society; and identifying and utilizing resources appropriate to the needs of the conditional releasee. Supervision is in part, accomplished by contacts.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 361.1