N.Y. Comp. Codes R. & Regs. tit. 9 § 361.6

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

Section 361.6 - Differential supervision

(a) Differential supervision for conditional releasees.

(1) Each department shall classify its adult supervision caseload into three categories based upon a conditional releasee's likelihood of successful completion of conditional release. The classification categories of supervision will be three levels: level I--intensive; level II--medium; and level III-- minimum, as follows:

(i) Level I--intensive.

(a) Cases shall be assigned to this level of supervision in accordance with the classification score established by the State Director of Probation and Correctional Alternatives. Notwithstanding, where a conditional releasee receives less than the required classification score but in the best mutual judgment of the probation officer and his supervisor presents a substantial likelihood of failure on release, the conditional releasee may be classified as level I. The reason for such classification shall be recorded in the official case record.

(b) Required contacts.

(1) The probation officer shall make one home visit per month and at least four personal contacts per month, one of which may take place during a home visit.

(2) The probation officer shall make at least 12 collateral contacts per quarter. However, in the event the probation officer has ample justification to reduce the number of collateral contacts, he may, with the approval of his immediate supervisor, reduce the number of collateral contacts which may not be fewer than three per quarter. Justification for and approval of any reduction shall be recorded in the official case record.

(ii) Level II--medium.

(a) Cases shall be assigned to this level of supervision in accordance with the classification score established by the State Director of Probation and Correctional Alternatives. Notwithstanding, where a conditional releasee receives less than the required classification score but in the best mutual judgment of the probation officer and his supervisor presents a significant likelihood of failure on release, he may be classified as level II. The reason for such classification shall be recorded in the official case record.

(b) Required contacts.

(1) The probation officer shall make at least two personal contacts per month.

(2) The probation officer shall make at least two collateral contacts per quarter.

(iii) Level III--minimum.

(a) Cases shall be assigned to this level of supervision in accordance with the classification score established by the State Director of Probation and Correctional Alternatives.

(b) Cases shall be further assigned to this level of supervision as a result of their specific technical or dispositional status as follows:

(1) absconders; and

(2) cases in which interstate transfer processing has not been completed; or

(3) dual supervision cases.

(c) Required contacts.

(1) The probation officer shall make at least one contact per month with the conditional releasee unless the conditional releasee has absconded or has been rearrested and confined to a correctional facility. Where a releasee is presently confined in a correctional facility the probation officer shall maintain monthly liaison with the detaining authorities and wherever possible shall visit or contact the releasee periodically during his detention.

(2) The probation officer shall make at least one collateral contact per quarter.

(d) Contact requirements.

(1) Absconders, interstate, and dual supervision cases may be carried out by auxiliary personnel under the general direction of a probation officer.

(2) Cases may require more frequent contacts than those specified in a given level. Therefore, probation supervisors shall ensure that the duty of supervision is carried out by probation officers and additional contacts made accordingly.

(3) The level of supervision for any case may be revised by utilization of a reclassification process as prescribed by the State Director of Probation and Correctional Alternatives. However, any case assigned to level I shall remain in said classification category for as minimum period of 90 days from the date of entry before reclassification. Absconder, interstate, and dual supervision cases may be reclassified without the utilization of the reclassification process. Classification of each conditional releasee shall be reviewed quarterly by the probation officer and supervisor.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 361.6