9 NYCRR Part 8002 - Executive Department

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Source version current through May 15, 2022

All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 8002.1 - Parole release interview

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022
Related Register notice: CCS-39-16-00004-A · Adopted rule
Related notice published: Sep 27, 2017
Related notice effective date: Sep 27, 2017

(a)Each inmate shall be scheduled for a parole release interview at least one month prior to the expiration of the minimum period of imprisonment or parole eligibility date as fixed by the Department of Corrections and Community Supervision, or upon such reconsideration date as previously set by the Board of Parole (board).

(b)The parole release interview shall be conducted by a panel of at least two members of the board.

(c)The panel conducting the parole release interview shall discuss with the inmate each applicable factor set forth in section 8002.2 of this Part, excluding confidential information.

9 NYCRR 8002.3 - Post-interview requirements and considerations

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022
Related Register notice: CCS-39-16-00004-A · Adopted rule
Related notice published: Sep 27, 2017
Related notice effective date: Sep 27, 2017

(a)Granting of release.

If the board grants the inmate release following its interview and deliberations, it shall impose the initial set of conditions that will govern his or her community supervision in accordance with the pertinent provisions of article 12-b of the Executive Law.

(b)Denial of release.

If parole is not granted, the inmate shall be informed in writing, within two weeks of his or her interview, of the decision denying him or her parole and the factors and reasons for such denial. Reasons for the denial of parole release shall be given in detail, and shall, in factually individualized and non-conclusory terms, address how the applicable parole decision-making principles and factors listed in section 8002.2 of this Part were considered in the individual’s case. The board shall specify in its decision a date for reconsideration of the release decision and such date shall be not more than 24 months from the interview.

9 NYCRR 8002.4 - Victim impact statement

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Parole Board policy and intent.

It is the policy of the Board of Parole that crime victims are an integral part of the criminal justice process, that they should be treated with fairness, sensitivity and dignity at all times, and that victims of the most serious crimes should be permitted an opportunity to make an oral statement to a member of the Board of Parole in a setting that permits confidentiality and a nonthreatening atmosphere. The board's intention is to create a meaningful opportunity for individuals whose lives have been severely affected by serious crimes to explain the impact of the crime in a face-to-face setting. The board recognizes that some crimes may affect the lives of more than one person and that in some cases a victim may need the support of another person to enable him or her to make an oral statement to a board member. However, the board has finite resources and must place limits on who may make an oral statement, and under what circumstances and procedures, in order to permit it to manage all of its statutory responsibilities. The board's policy of permitting victim oral statements in some cases has been codified by the Legislature in chapter 559 of the Laws of 1994, amending the Criminal Procedure Law and the Executive Law. These regulations set forth the procedures and limitations specified in Criminal Procedure Law, section 440.50.

(b)The Board of Parole will consider the written or oral statement submitted or made by the crime victim, or the victim's representative where the victim is deceased or is mentally or physically incapacitated, prior to rendering a decision to grant or deny parole release, provided that the victim's written statement is received by the division at least 10 business days prior to the date of the inmate's scheduled appearance before the board and that the request to make an oral statement complies with the provisions of subdivisions (c) and (d) of this section. The victim may obtain information concerning the inmate's scheduled appearance upon written request to the Victim Impact Unit.

(c)

(1)A written victim impact statement, or a request to make an oral statement, should be addressed to the Victim Impact Unit, New York State Division of Parole, 97 Central Avenue, Albany, NY 12206.

(2)A request to make an oral victim impact statement must be in writing, and such a request or a written victim impact statement must clearly identify the inmate's name and New York State identification number (NYSID or "NYSIIS" number, which consists of seven digits followed by a letter). The NYSID number may be obtained from the office of the district attorney in the county in which the inmate was convicted.

(3)A letter may serve as a written victim impact statement. If a letter is received from a crime victim which does not have a NYSID number, the Victim Impact Unit will attempt to identify the inmate based upon whatever other identifying information may be contained in the statement. If the Victim Impact Unit is unable to identify the inmate based on the information provided, the victim will be so advised. If the appropriate inmate can be identified, the written statement will be sent to the inmate's facility of incarceration so that the statement may be available for consideration by the board.

(d)Personal meetings between a crime victim and a member of the board will be conducted for the purpose of permitting a crime victim to make an oral victim impact statement only in accordance with the procedures and limitations set forth in this section in order to permit the board to allocate finite resources for this purpose. However, in its sole discretion, the board may waive one or more requirements of this section in order to further its policy of ensuring that crime victims are treated with fairness, sensitivity and dignity.

(1)A request to make an oral statement should be made not later than six months before the inmate's appearance before the board for the board's decision whether to grant or deny release.

(2)The time, place and date of the personal meeting between the victim and a board member will be designated by the Victim Impact Unit on behalf of the board.

(3)The personal meeting/victim oral statement should be scheduled and take place at least 30 days prior to the inmate's next appearance before the board for release consideration.

(4)The board reserves the right to limit the victim oral statement to a reasonable time period.

(5)Limitation on who may make a statement. In furtherance of its policy to create a meaningful opportunity for individuals whose lives have been severely affected by serious crimes to explain the impact of the crime in a face-to-face setting and its recognition that some crimes may affect the lives of more than one person, the board may permit multiple oral statements to be made. However, in order to conserve finite resources, the board reserves the authority to permit only one oral statement by one victim, or victim's representative, for one crime. A victim's representative may make an oral statement in place of the victim only when the victim is deceased or incapacitated, and the board reserves the authority to determine who, in a specific case, is the appropriate victim's representative. In order to conserve its finite resources, the board also limits the opportunity to make an oral statement to victims of the following offenses, or a victim who the Chairman of the Board of Parole has determined has been affected within the intent of this policy by an offense other than one listed below:

(i)a violent felony offense, as defined in Penal Law, section 70.02;

(ii)one of the following A-I felonies: murder in the first degree, murder in the second degree, kidnapping in the first degree and arson in the first degree when there is serious physical injury to a nonparticipant or a nonparticipant is present in the building or motor vehicle; or

(iii)one of the following offenses, which are not included in Penal Law, section 70.02: manslaughter in the second degree, vehicular manslaughter in the first degree, vehicular manslaughter in the second degree, criminally negligent homicide, rape in the second degree, rape in the third degree, sodomy in the second degree, sodomy in the third degree, attempted sexual abuse in the first degree, attempted rape in the second degree, attempted sodomy in the second degree.

(6)Limitation on content. The oral statement may not simply repeat the circumstances of the crime. The oral statement should describe the impact of the crime on the victim or the survivor.

(7)Method of recording the statement. The board member conducting the personal meeting with the victim will prepare a written report of the oral statement. A copy of the report will be sent to the facility to be included in the inmate's parole folder so that it is available for the board at the time of the inmate's board appearance.

The written report of the oral statement will be considered by the board panel that interviews the inmate as one factor in making a decision whether to grant or deny release pursuant to Executive Law, section 259-i(2).

(e)A written victim impact statement or written report of an oral statement shall be maintained in confidence by the division, unless disclosure to the inmate is expressly authorized by the victim or by court order.

9 NYCRR 8002.5 - Rescission

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)After an inmate has received a parole release date, situations may arise which would cause the board to reconsider its decision to grant parole release. The process for reconsideration of a parole release date shall be governed by the procedure outlined in this section.

(b)Rescission procedure.

(1)Whenever it shall come to the attention of the senior parole officer or the parole officer in charge of an institutional parole office that there may be a basis for board reconsideration of a parole release date, said officer may temporarily suspend the inmate's release date.

(2)Events which may cause the temporary suspension and rescission of a parole release date shall include, but not be limited to:

(i)significant information which existed, or significant misbehavior which occurred prior to the rendition of the parole release decision, where such information was not known by the board; or

(ii)case developments which occur subsequent to the board's rendition of its decision to grant release:

(a)significant misbehavior or a major violation of facility rules;

(b)escape or absconding or removal from temporary release;

(c)substantial change in the inmate's mental and/or emotional condition which results in commitment to a psychiatric center;

(d)imposition of an additional definite sentence;

(e)imposition of an additional indeterminate sentence or the resentence of the inmate on the underlying indictment or superior court information to an indeterminate term where the minimum period of imprisonment of such term exceeds that of the pre-existing minimum term; and

(f)substantial change in the inmate's status in relation to any of the factors for consideration denoted in Executive Law, section 259-i(2)(c).

(3)Subsequent to the temporary suspension of the inmate's release date, the parole officer shall, as soon as practicable, notify the inmate in writing of the suspension. The parole officer having charge of the inmate shall thereafter commence an investigation into the circumstances surrounding the basis for the temporary suspension, and shall prepare a rescission report delineating the results of said investigation. Said report shall be submitted to a member of the board as soon as practicable.

(4)Upon review of the rescission report, a member of the board shall order:

(i)that the inmate be held for a rescission hearing; or

(ii)that the inmate's release date be reinstated, except that where the board's reinstatement occurs subsequent to the date originally established for release, the board shall order that release occur as soon after reinstatement as practicable; or

(iii)for any case involving the imposition of an additional indeterminate sentence or a resentence pursuant to clause (2)(ii)(e) of this subdivision, that the release date be rescinded and the inmate scheduled to appear before a panel of the Board of Parole at least one month prior to the expiration of the new or aggregated minimum period of imprisonment as calculated by the inmate records coordinator. Written notice of a rescission decision rendered pursuant to this paragraph shall be sent to the inmate, and shall state the reason for rescission.

(5)When a rescission hearing is ordered by the board, the inmate shall be presented with a copy of the rescission report and a notice of rescission hearing. The notice of rescission hearing shall be presented to the inmate not less than seven days prior to the scheduled date of the rescission hearing and shall inform the inmate of the following:

(i)the date and place of hearing;

(ii)the specific allegations which will be considered at the hearing;

(iii)the inmate's rights at the final hearing, which include:

(a)the right to be represented by counsel;

(b)the right to appear and speak on his own behalf; to present witnesses and introduce documentary evidence; and

(c)the right to confront and cross-examine adverse witnesses, unless he has been convicted of a crime for which an additional sentence has been imposed or unless a majority of the members of the Board of Parole conducting the hearing find good cause in the record for the nonattendance of a witness.

(6)An attorney who represents an inmate at a rescission hearing shall file a notice of appearance with the parole officer in charge of the institutional parole office where the inmate is incarcerated.

(c)Rescission hearing schedules.

(1)A rescission hearing shall be scheduled to take place within a reasonable time after the board orders a hearing. The hearing shall be convened at the inmate's state facility of incarceration, and shall be conducted by members of the Board of Parole.

(2)An attorney who has filed a notice of appearance with the parole officer in charge of the institutional parole office shall be given reasonable notice of the date, time and place of the hearing.

(3)Adjournments will not normally be granted. Applications for an adjournment by either party shall be made to the board member conducting the hearing. However, an adjournment may be granted by the parole officer in charge of the institutional parole office in which the hearing is scheduled to be conducted in the following instances:

(i)the inmate cannot appear due to unavoidable circumstances, including incarceration outside the facility in which the hearing is scheduled or physical incapacitation;

(ii)not less than five days before the scheduled hearing, the inmate and/or attorney makes a written request for a postponement due to unavailability of witnesses;

(iii)not less than five days before the hearing, the attorney makes a written request based on his recent assignment to the case; or

(iv)witnesses to support the allegation are unavailable. No more than one adjournment shall be permitted for this reason.

A written notice of the time and date of an adjourned hearing shall be provided to the inmate and his attorney.

(d)Disposition.

(1)If a majority of the members of the Board of Parole conducting the rescission hearing are satisfied that substantial evidence was presented at the hearing to form a basis for rescinding the grant of release, they shall so find. In such cases, the majority of the members may:

(i)rescind the inmate's release date and set a new date for further release consideration not more than 24 months from the date of the original release interview; or

(ii)rescind the inmate's original release date and set a new release date.

(2)If a majority of the members of the board conducting the hearing are not satisfied that substantial evidence exists to form a basis for rescinding the grant of release, the board shall cancel the suspension and reinstate the inmate's original release date or, if that date has past, release shall occur as soon thereafter as is practicable.

(3)Within 14 days after the rescission hearing, a written statement shall be prepared and sent to the inmate and his attorney, indicating the disposition of the proceeding and the reasons therefor.

(e)Appeals.

A determination rescinding parole may be administratively appealed in accordance with the provisions of Part 8006 of this Title.

9 NYCRR 8002.6 - Earlier source heading: Parole violator re-release

Related State Register notice: Adopted rule CCS-08-22-00007-A. Published May 3, 2023. Notice effective date: May 3, 2023.

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Dates and status

NYCRR title agency: Executive Department
Section status: Later rule activity found
Source version current through: May 15, 2022
Related Register notice: CCS-08-22-00007-A · Adopted rule
Related notice published: May 3, 2023
Related notice effective date: May 3, 2023

Current section text is not available here.

9 NYCRR 8002.7 - Guidelines and procedures for the placement of certain sex offenders in the community

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Chapter 568 of the Laws of 2008 requires the Division of Parole (DOP), the Division of Probation and Correctional Alternatives (DPCA), and the Office of Temporary and Disability Assistance (OTDA) to promulgate regulations to provide guidance concerning the placement and/or approval of housing for certain sex offenders.

(b)The State has previously enacted laws concerning sex offenders, including the Sex Offender Registration Act, the Sex Offender Management and Treatment Act, the Electronic Security and Targeting of On-Line Predators Act (e-STOP) and laws restricting certain sex offenders who are under probation or parole supervision from entering school grounds. Chapter 568 of the Laws of 2008 continues the State’s efforts in the area of sex offender management and specifically in the area of the placement and housing of sex offenders. Sex offender management, and the placement and housing of sex offenders, are areas that have been, and will continue to be, matters addressed by the State. These regulations further the State’s coordinated and comprehensive policies in these areas, and are intended to provide further guidance to relevant State and local agencies in applying the State’s approach.

(c)Public safety is a primary concern and these regulations are intended to better protect children, vulnerable populations and the general public from sex offenders. The State’s coordinated and comprehensive approach also recognizes the necessity to provide emergency shelter to individuals in need, including those who are sex offenders, and the importance of stable housing and support in allowing offenders to live in and re-enter the community and become law-abiding and productive citizens. These regulations are based upon, and are intended to further best practices and effective strategies to achieve these goals.

(d)In implementing this statute and the State’s comprehensive approach, DOP, DPCA, OTDA and the Division of Criminal Justice Services’ Office of Sex Offender Management (DCJS/ OSOM) recognize that:

(1)not all sex offenders are equally dangerous. Some sex offenders may pose a high risk of committing a new sexual crime; others may pose only a low risk;

(2)all reasonable efforts should be made in to avoid an ill-advised concentration of sex offenders in certain neighborhoods and localities. What constitutes such a concentration will depend on many factors, and may vary depending on housing availability and the locality and community. In addition, it is sometimes safer to house sex offenders together. Law enforcement, probation, and parole officers may more effectively monitor offenders, and service providers may more easily offer transitional services to offenders in these congregate settings. Further, some social service officials and departments rely on congregate housing for sex offenders who seek emergency shelter because of the limited, or lack of other housing options available for this population. All public officials who are responsible for finding or approving housing for sex offenders should recognize that an over-concentration of sex offenders may create risks and burdens on the surrounding community, and that their responsibility is to make judgments that are reasonable under the circumstances;

(3)all social service districts are required by statute, regulation and directive to arrange temporary housing assistance for eligible homeless individuals, including those who are sex offenders;

(4)to reduce recidivism it is important that offenders be able to re-enter society and become productive and law-abiding citizens whenever possible. A stable living situation and access to employment and support services are important factors that can help offenders to successfully re-enter society;

(5)maintaining and/or finding suitable housing for sex offenders is an enormous challenge that impacts all areas of the State. Offenders reside in all regions of the State and may have long-established residences in their respective communities. Even offenders who do not have such long-established relationships are often discharged from prison to the community where they previously lived. As a result, it is not appropriate for any one community or county to bear an inappropriate burden in housing sex offenders because another community has attempted to shift its responsibility for those offenders onto other areas of the State. The proliferation of local ordinances imposing residency restrictions upon sex offenders, while well-intentioned, have made it more challenging for the State and local authorities to address the difficulties in finding secure and appropriate housing for sex offenders;

(6)decisions as to the housing and supervision of sex offenders should take into account all relevant factors and no one factor will necessarily be dispositive. These factors should include, but not be limited to, the factors enumerated in the statute, the risk posed by the offender, the nature of the underlying offense, whether housing offenders together or apart is safer and more feasible, the most effective method to supervise and provide services to offenders, and the availability of appropriate housing, employment, treatment and support.

(e)Division of Parole staff shall apply the following guidelines to the placement of a sex offender in the community upon their release from a New York State correctional facility when such offender has been designated as a Level 2 or Level 3 offender pursuant to New York State Sex Offender Registration Act, i.e., Correction Law article 6-C. These guidelines recognize that the placement of a sex offender within a community is a considerable undertaking given the shortage of affordable housing in many communities, State law restricting the location of certain sex offenders in the community and the movement of individuals subject to registration as a sex offender. Under these guidelines, the Division of Parole, through a community preparation process of investigation, seeks to enhance public safety and facilitate the successful re-entry of offenders into their communities and effect the successful placement of eligible offenders into residential services that can address identified needs.

(f)Persons to be released on presumptive release, parole, conditional release or post-release supervision.

(1)Division of Parole staff will investigate the proposed release program of all Level 2 and Level 3 sex offenders being released to the division's jurisdiction from any New York State correctional facility with the objective of attaining the optimum residential placement that is available with the community proposed by the offender. As appropriate, such investigation shall include but not be limited to, consideration being given to the following factors:

(i)the sex offender's level of risk;

(ii)the applicability of Executive Law section 259-c(14);

(iii)the proximity of entities with vulnerable populations;

(iv)the location of other sex offenders required to register under the Sex Offender Registration Act, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality;

(v)the number, if any, of registered sex offenders at a particular property;

(vi)accessibility to family members, friends or other supportive services, including, but not limited to, locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and

(vii)the availability of permanent, stable housing in order to reduce the likelihood that such offenders will be transient.

(2)The approval of a residential placement by Division of Parole staff will take into consideration:

(i)all relevant case information, including but not limited to the offender's criminal history and present crime of conviction;

(ii)the investigation factors set forth in subparagraphs (1)(i) through (vi) of this subdivision; and

(iii)if applicable, the structure of the supervision plan and the services to be afforded through either the Division of Parole or some other entity within the offender's community;

(iv)no one factor shall be considered dispositive.

(g)Persons released on presumptive release, parole, conditional release, post-release supervision or by maximum expiration of sentence where notice was provided to a local social services district pursuant to Executive Law section 259-c(17).

(1)When the Division of Parole is notified by a local social services district of its determination that a Level 2 or Level 3 sex offender for whom a notice pursuant to Executive Law section 259-c(17) was received by such district is in immediate need of shelter, and an investigation and approval of the potential residential placement by the Division of Parole is required, the division shall investigate the district's proposed placement in accord with the factors set forth in subdivision (f) of this section. Following such investigation, the Division of Parole shall provide the local social services district with the results of its investigation and its approval or disapproval of the proposed placement.

(2)When an investigation by the Division of Parole is impracticable within the timeframe necessary for the local social services district to meet the immediate housing need of the offender, such investigation shall be completed within 48 hours of the division's receipt of the local social services district's notice that such residential placement was necessary.

(i)The Division of Parole's investigation of a local social services district's immediate residential placement determination will take into consideration the factors set forth in subdivision (f) of this section. Following such investigation, the Division of Parole shall provide the local social services district with the results of its investigation and its approval or disapproval of the proposed placement.

Former section numbers

9 NYCRR 8002.2: This section was repealed. No successor section has been identified.

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