9 NYCRR Part 8003 - Executive Department

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Source versions current through May 15, 2022 - May 3, 2023 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 8003.1 - General

Source version current through May 15, 2022

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)A paroled or conditionally released person shall, while on parole or conditional release, be in the local custody of the Division of Parole until expiration of the maximum term or period of sentence, or expiration of the period of supervision, or return to an institution under the jurisdiction of the Department of Correctional Services, as the case may be.

(b)Parole or conditional release revocation proceedings may be undertaken upon any violation of law or upon any violation of the release conditions or the rules and regulations of the board. The releasee is expected to comply faithfully with all conditions specified in writing at the time of his release and with all other conditions and instructions, whether oral or in writing, given him by the board, a member, an authorized representative of the board or a parole officer.

(c)Parole or conditional release will not be granted to any individual unless he states in writing, in the presence of a witness, that he has read and understood the conditions of release.

9 NYCRR 8003.2 - Earlier source heading: Release conditions

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

Source version current through May 3, 2023

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 3, 2023
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 8003.3 - Special conditions

Source version current through May 15, 2022

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 special condition may be imposed upon a releasee either prior or subsequent to release. The releasee shall be provided with a written copy of each special condition imposed. Each special condition may be imposed by a member or members of the Board of Parole, an authorized representative of the Division of Parole, or a parole officer.

9 NYCRR 8003.4 - Restitution and mandatory surcharge

Source version current through May 15, 2022

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)Where an inmate under the jurisdiction of the Department of Correctional Services is subject to an undischarged restitution order or an order of mandatory surcharge imposed by a court of competent jurisdiction, the board may, prior to the inmate's parole or conditional release, impose as a special written condition of release a requirement that the releasee comply with such order. A special condition involving the payment of restitution or mandatory surcharge shall, unlike other special conditions, only be imposed upon a releasee by a member of the Board of Parole.

(b)At the time this condition is imposed by the board, the releasee shall be given written notice of the agency that shall have responsibility for restitution collection. The chief-elected official in each county, and the mayor in the City of New York, shall designate the restitution collection agency; except that in those counties where the State Division of Probation and Correctional Alternatives provides for and delivers probation services, said agency shall have the first option of designating the restitution collection agency for such counties.

(c)When a releasee, supervised pursuant to a special condition regarding restitution, or mandatory surcharge is granted permission by the Division of Parole to change his place of residence from one county to another, or between New York City and another county, the parole officer shall notify the restitution collection agency of that fact. If the division is notified by the designated restitution collection agency that the responsibility for such restitution collection is thereafter to be transferred to a different restitution agency, pursuant to a releasee's change of county of residence or for any other reason, the division shall then provide the releasee with written notification of said change.

(d)When a releasee is discharged from the jurisdiction of the division upon expiration of sentence or by board action pursuant to Executive Law, section 259-j, or when a releasee is ordered returned to an institution under the jurisdiction of the Department of Correctional Services upon the revocation of parole or conditional release, the division shall so notify the restitution collection agency. Should the returned parole violator thereafter be reparoled or conditionally released, the procedures to be followed relative to restitution and mandatory surcharge shall be as previously stated in this subdivision.

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