N.Y. Comp. Codes R. & Regs. tit. 9 § 362.1

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

Section 362.1 - Definitions

(a) The term violation of conditional release means a failure to comply with the conditions of conditional release supervision imposed by the local conditional release commission. There are two types of violations:

(1) The term new offense violation means a violation by virtue of the commission of an offense.

(2) The term technical violation means a violation by failure to comply with the conditions of conditional release other than failure by commission of a new offense.

(b) The term reasonable cause means the existence of evidence or information which appears reliable disclosing facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgment and experience that it is reasonably likely that such condition was violated and that such person violated it.

(c) 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 362.1