New York regulations

Title 9 Part 361

Executive Department

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7 sections2 source-only entries

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 361.1 - Definitions

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Executive Department
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9 NYCRR 361.2 - Objectives of supervision

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(a)To provide public protection in keeping with the special duties of a probation officer.
(b)To prepare the conditional releasee for independent, law-abiding living.
(c)To provide a system of differential supervision based on the classification and program needs of conditional releasees.
(d)To conduct a cost effective supervision program.
(e)To provide restitution and/or reparation to victims of criminal acts whenever applicable.

9 NYCRR 361.3 - Applicability and rationale

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(a)This Part is applicable to the supervision of conditional releasees released pursuant to section 70.40(2) of the Penal Law.
(b)The rationale for this Part is as follows:
(1)The activities of the conditional releasee are subject to the supervision of a probation officer until termination or expiration of conditional release. The type and level of supervision of each client should be varied and tailored to the needs of the individual for successful completion of the conditional release and for the safety and protection of society. In order to accomplish this, a system of differential supervision must be applied based upon a standardized method of classification of the conditional release.
(2)Such a standardized method of classification serves to determine the required frequency of supervision by level for a conditional releasee, thereby allowing probation resources to be utilized more effectively.
(3)A uniform classification methodology and procedure facilitates consistency in decisionmaking regarding differential supervision.

9 NYCRR 361.4 - Initial interview and assignment of case

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Executive Department
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(a)Each probation director or his designee shall, upon receiving notice of an individual granted release and to be supervised by the local probation department, assign a probation officer to the case.
(b)Upon receiving notification that an individual has been granted conditional release to be supervised by the local probation department, a probation officer, preferably the assigned officer, shall conduct the initial interview within seven calendar days prior to the release date. The probation officer shall provide preliminary information and specific instruction relative to the conditional release and make every effort to ensure the individual understands the order of conditions of release. The officer shall ensure that the inmate has been provided with a copy of his order of conditional release, has agreed to the conditions and has signed the order.
(c)The date of the initial interview shall be entered into the official case record.

9 NYCRR 361.5 - Classification of conditional release

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Executive Department
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Prior to the initial interview or within seven calendar days of departmental notification of duty to supervise the conditional releasee, the probation officer shall review any probation reports, supervision history information and any other pertinent information available relative to the individual whose supervision he has been assigned, determine the appropriate classification level of supervision, initiate a needs assessment process and develop an individual plan of supervision. The form of such instruments and processes and their content shall be prescribed to the State Director of Probation and Correctional Alternatives. Prior written approval of the State Director of Probation and Correctional Alternatives must be obtained to vary the form or content of such instruments or processes.

9 NYCRR 361.6 - Differential supervision

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Compiling agency
Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Jun 6, 2026

9 NYCRR 361.7 - Authorized search of a conditional releasee

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Executive Department
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Upon reasonable cause to believe that a conditional releasee has illegal drugs, drug paraphernalia, deadly or prohibited weapons, or stolen property in his possession, a probation officer may conduct a search of the releasee's person, residence, vehicle or property.

9 NYCRR 361.8 - Supervision recordkeeping requirements

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Executive Department
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Sep 15, 2021
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July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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(a)The official case record shall be identified by name and number in system.
(b)The contents of the case record shall include the following:
(1)Pre-plea/pre-sentence supplemental conditional release reports; orders and conditional release; and any relevant legal documents. The department's case record shall include information on all probation services rendered.
(2)Initial supervision plan, including the date of the review of the conditions of conditional release; classification documents; quarterly supervision reports; violation of conditional release reports and any relevant legal documents. Each conditional releasee's supervision plan, including assessment of needs and objectives, shall be reviewed on a quarterly period basis, and a summary analysis shall be recorded on the case record.
(c)Case records shall be maintained in a legible, cost efficient and accessible manner which facilitates decisionmaking and ensures the privacy, preservation and security of such records.
(d)Accessibility to supervision case records is limited only to those authorized by law or court order.

9 NYCRR 361.9 - Reporting requirements

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

Each probation director shall obtain and report to the State Director of Probation and Correctional Alternatives data on each case, as prescribed by the State Director of Probation and Correctional Alternatives, any and all information requested pertaining to each person conditionally released pursuant to section 70.40(2) of the Penal Law and under the supervision of the probation director's department. Such information may include, but is not limited to, information of a personal and criminal history nature that identifies the conditional releasee, information as to his conduct, and supervision information. Such reporting shall be conducted as follows:

(a)The probation director shall within 15 business days of notification of the conditional release, report all required information on forms as prescribed by the State Director of Probation and Correctional Alternatives.
(b)All subsequent information, including classification information, modifications, and violation information, shall be reported in a timely manner on forms as prescribed by the State Director of Probation and Correctional Alternatives.
(c)Terminations or expiration of conditional release shall be recorded and reported within 20 business days as prescribed by the State Director.

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