N.Y. Comp. Codes R. & Regs. tit. 9 § 362.5

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

Section 362.5 - Procedures for technical violations

(a) Procedures for violations other than absconders.

(1) Investigating the alleged violation(s).

(i) When a probation officer has reasonable cause to believe that a person who has been conditionally released has lapsed into criminal ways or company, or has violated one or more conditions of conditional release, the probation officer shall commence an investigation.

(ii) Such investigation shall, to the extent necessary, consist of determining the facts and seriousness of the alleged violation(s).

(2) Supervisor notification. The facts of this investigation shall be presented by the probation officer to his immediate supervisor upon conclusion of the investigation.

(3) Required actions. Within three business days of the commencement of an investigation, the probation officer shall notify the commission and provide said commission with a brief description of the technical violation, a summary of the conditional releasee's activities to date and a recommendation that:

(i) the case be informally adjusted by the department; or

(ii) a declaration of delinquency and warrant be issued. A violation of conditional release shall be prepared by the probation officer and forwarded to the commission. The report shall contain a summary of the conditional releasee's supervision activities to date, and the facts which would be sufficient to establish that any violation(s) of conditional release occurred. A copy of such report shall be retained in the official case record or a summary of the informal adjustment shall be retained in the official case record. A summary of the commission action shall be prepared and entered into the official case record.

(b) Procedures for technical violations in cases of absconders.

(1) Upon determination that a conditional releasee has absconded, the probation officer shall notify the commission and, at such time, shall file a violation of conditional release together with a request for a declaration of delinquency and a request for a warrant.

(2) At all times, the probation officer shall exercise due diligence in attempting to locate any absconder. As a minimum the probation officer having responsibility for any absconder shall contact police authorities, the last known residence, employer, and/or friend, relatives and agencies with whom the conditional releasee may have established communication. The result of such contacts shall be entered into the official case record.

(3) The director of probation shall be responsible for maintaining a log of all active absconder cases.

(4) The provisions of Part 355.9 of 9 NYCRR establishing requirements for the execution and administration of probation violation warrants shall be considered applicable to to this section and shall be adhered to for violation of conditional release warrants.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 362.5