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Compiled text through May 15, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 11 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 8004.1 - General

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Dates and status

Compiling agency: Executive Department
Text status: Phase2b Dequote Reversal
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: May 19, 2026

(a)A person who fails to comply with the terms of their release may be declared delinquent and may be returned to a correctional facility. A person on presumptive, parole or conditional release, or serving a period of post-release supervision, may be returned to a correctional facility for a period equal to the remaining portion of their sentence(s), and for any remaining period of post-release supervision. A person on conditional release under a definite sentence of imprisonment may be returned for a period equal to the unexpired portion of the term of imprisonment as of the date of their conditional release.

(b)Non-technical violation is defined as either:

(1)the commission of a new felony or misdemeanor offense; or

(2)conduct by a releasee who is serving a sentence for an offense defined in article 130 of the Penal Law or section 255.26 or 255.27 of such law, and such conduct violated a specific condition reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense.

(c)Technical violation is defined as any conduct that violates a condition of community supervision in an important respect, other than the commission of a new felony or misdemeanor offense under the Penal Law.

(d)The term

parole warrant shall mean a warrant for the retaking and temporary detention of a releasee in accordance with the Executive Law and section 8004.5 of this Part.

(e)The term

violation as used in this Part and Part 8005 of this Title, and in section 8002.6 of this Title, may refer to an individual act of violating a condition of release. Multiple violations may be charged and sustained within a single parole revocation case.

(f)Absconding means intentionally avoiding supervision by failing to maintain contact or communication with the releasee's parole officer or area office/bureau and to notify his or her assigned parole officer or area office/bureau of a change in residence, and reasonable efforts by the parole officer to re-engage the releasee have been unsuccessful. Absconding may be charged and sustained as a violation of a condition of release specifically prohibiting such act, or as multiple charges that in aggregate form such conduct as a single course of absconding. Evidence that reasonable efforts by the parole officer to re-engage the releasee have been unsuccessful may be provided by the department during revocation proceedings and need not be alleged in writing within a charge or charges. Evidence that the releasee has voluntarily surrendered to custody or that they have at some point re-engaged with the parole officer shall not in itself preclude a finding of absconding.

(g)A releasee may, as a condition of release and/or instruction of the parole officer, be directed to appear at any parole revocation process appearance, including the appearance directed in response to a notice of violation, and any preliminary and/or final revocation hearing and any adjourned or continuation appearances therefrom. A violation of such direction may provide basis for the releasee’s retaking and temporary detention consistent with further provisions of this Part or as ordered by a court. A releasee may also be directed to appear at any recognizance hearing to occur following execution of a parole warrant.

(h)Being in the company of, or fraternizing with, a person the releasee knows to have a criminal record or to have been adjudicated a youthful offender shall not in itself be prohibited by a condition of release or form the basis for a parole revocation. However, conditions of release that prohibit a releasee from having contact with specified individuals, or other specified groups including criminal organizations or gangs, are not precluded.

(i)Conduct related to cannabis that is lawful pursuant to the laws of this State shall not in itself form the basis for a parole revocation except where violative of a special condition, which condition may only be imposed upon clear and convincing evidence that the prohibition is reasonably related to the releasee’s underlying crime(s). In a revocation proceeding any such condition is presumed to have met the applicable standard for imposition and the propriety of such imposition shall not be reviewable in such context.

(j)Reincarceration as used in this Part and Part 8005 of this Title, and as may be used in section 8002.6 of this Title, includes a time assessment which may be imposed with the disposition of a parole revocation case where one or more violation charges are sustained. A time assessment may be imposed for each sustained violation for which a period of reincarceration is authorized provided, however, that in a single revocation case all such periods imposed shall run concurrently.

(k)Mental capacity/fitness of a releasee who is an alleged violator of the conditions of release.

(1)If, prior to the issuance of a notice of violation or parole warrant where no notice has been issued, a releasee has been determined to be currently mentally unfit to proceed to trial or is currently subject to a temporary or final order of observation pursuant to article 730 of the Criminal Procedure Law, no notice of violation or warrant shall be issued at that time.

(2)If, from a recognizance hearing appearance pursuant to the Executive Law, the releasee has been referred for a determination of their mental fitness to proceed in a manner consistent with the provisions of article 730 of the Criminal Procedure Law and been determined by a court of law to currently be an

incapacitated person as that term is defined in subdivision one of section 730.10 of the Criminal Procedure Law, no preliminary or final revocation proceedings shall be scheduled to occur at that time or during the period in which the alleged violator is subject to the order of observation.

(3)Where a hearing officer at a preliminary or final parole revocation hearing appearance has stayed the revocation proceedings for a superior court determination, pursuant to the Executive Law, regarding the alleged violator’s mental fitness to proceed in a manner consistent with the provisions of article 730 of the criminal procedure law:

(i)if the superior court in such circumstances determines that the alleged violator is not an incapacitated person, then following the court’s notice of such determination to the board, the revocation case shall proceed with reasonable allowance for appropriate scheduling and notice thereof; or

(ii)if the superior court in such circumstances determines that the alleged violator is an incapacitated person and issues a final order of observation committing such person to the custody of the Commissioner of Mental Health or the Commissioner of Developmental Disabilities for care and treatment in an appropriate institution, following the board’s timely receipt of notice of such determination from the court and notification of the facility/institution designation by the appropriate commissioner, the hearing officer shall dismiss the violation charges and such dismissal shall act as a bar to any further revocation proceeding against the alleged violator for such violations.

9 NYCRR 8004.2 - Review of condition violation, initial actions and case designation

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)If a parole officer having charge of a releasee shall have probable cause to believe that such person has violated one or more of the conditions of their release in an important respect, the officer shall report such fact to a member of the board or a designated officer. Designated officer as used herein shall mean a senior parole officer, supervising parole officer, deputy regional director, regional director, deputy director of operations, the director of operations, chief of the parole violation unit, assistant chief of the parole violation unit, and any officer who has been provided with specific authorization by the Board of Parole.

(b)Probable cause exists when evidence or information which appears reliable discloses facts or circumstances that would convince a person of ordinary intelligence, judgment and experience that it is more probable than not that the subject releasee has committed the acts in question. Such apparently reliable evidence may include hearsay.

(c)Where there is probable cause to believe that a releasee has violated one or more of the conditions of their release in an important respect, a notice of violation may be issued. A notice of violation may be approved for prosecution and issuance by any member of the board or a designated officer.

(d)Subject to the further requirements set forth in this Part and Part 8005 of this Title, a warrant for retaking and temporary detention may issue when there is probable cause to believe that the releasee has violated one or more of the conditions of their release in an important respect. A warrant for retaking and temporary detention may be issued by any member of the board or a designated officer, except that no officer shall issue a warrant in a case where they are the one who furnishes the report upon which it is based, including those cases wherein the notice of violation had been approved at a time wherein warrant issuance was not expected.

(e)The written violation of release report or an attendant form shall identify and designate the case as either a non-technical or technical violation matter, and when a technical violation matter, include explanation as to whether reincarceration is possible at the conclusion of the parole revocation case. Such designation may be appropriately modified at any time. The designation will be as follows:

(1)Technical violation case, no reincarceration. This is the designation for a case involving only technical violations by the releasee, for which no periods of reincarceration/time assessments may be imposed should all charges be sustained at a final parole revocation hearing.

(2)Technical violation case, reincarceration possible. This is the designation for a case involving only technical violations by the releasee, but wherein reincarceration is possible if at least one of the current charges is sustained at a final revocation hearing. The department should provide explanation to include identification of both the current charge(s) and prior sustained violation(s), if any, that forms the specific factual basis for this designation, as well as the permissible periods of reincarceration possible in the current case.

(3)Non-technical violation case. This is the designation for a case that meets the definition of non-technical violation provided in section 8004.1 of this Part, and in such circumstance, it shall be made notwithstanding the inclusion of technical violation charges.

(f)The case designation required by subdivision (e) of this section shall not control any aspect of the disposition of a parole revocation case, and any non-compliance with the requirements of that subdivision or any other errors with respect to the case designation or modifications thereof, shall not provide basis for the vacating of a notice of violation or warrant or for any other form of dismissal of the case.

9 NYCRR 8004.3 - Report to the board required

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: CCS-38-20-00002-A · Adopted rule · Dec 9, 2020
Source snapshot: Jun 6, 2026

(a)Where a releasee who is serving a sentence for an offense defined in article 130 of the Penal Law or section 255.26 or 255.27 of such law, or has in the board or department’s discretion been supervised as a sex offender, is arrested for a new felony or misdemeanor offense, the parole officer having charge of such releasee shall cause an investigation to be made into the facts and circumstances surrounding that arrest and into the status of the criminal case, and shall submit a report in writing to a board member. The report shall include or be accompanied by a recommendation from a designated officer holding the title of supervising parole officer or higher. Upon review of such report and recommendation, a board member may approve of prosecution of the charges and direct that a notice of violation or warrant for retaking and temporary detention be issued if a notice or warrant has not already been issued by a designated officer.

(b)Where any releasee who is serving a sentence for an offense under articles 120, 125, 130, 135, 230, 235, 255, 263, 485 or 490 of the Penal Law, or who was granted early conditional parole for deportation only or conditional parole for deportation only, is arrested for a new felony offense defined under any of the aforementioned articles in this subdivision, the parole officer having charge of such releasee shall cause an investigation to be made into the facts and circumstances surrounding that arrest and into the status of the criminal case, and shall submit a report in writing to a board member. The report shall include or be accompanied by a recommendation from a designated officer holding the title of supervising parole officer or higher. Upon review of such report and recommendation, a board member may approve of prosecution of the charges and direct that a notice of violation or warrant for retaking and temporary detention be issued if a notice or warrant has not already been issued by a designated officer.

(c)The report pursuant to subdivisions (a) or (b) of this section shall also include charges relating to the releasee’s non-criminal conduct violative of the conditions of release in an important respect, if there is any such conduct ascertainable at that time and where such inclusion would not cause undue delay. The decision to issue a notice of violation or warrant for retaking and temporary detention pursuant to this section remains discretionary and any issuance of a notice of violation or warrant may, subject to the further requirements of this Part and Part 8005 of this Title, proceed notwithstanding there being insufficient evidence to prosecute alleged criminal conduct in revocation proceedings.

(d)The provisions of this section shall not create or confer any new or additional right in favor of the releasee, and non-compliance with any such provisions shall not be a basis for the vacating of a notice of violation or warrant, or for any other form of dismissal of a parole revocation case.

9 NYCRR 8004.4 - Notice of violation, violation of release report

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Dates and status

Compiling agency: Executive Department
Text status: Phase2b Dequote Reversal
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: May 19, 2026

(a)A notice of violation shall be in writing and may consist of one or more documents and their attachments. Except as otherwise specified, the notice of violation includes a report of the violations of the conditions of release.

(b)The notice shall inform a releasee who is an alleged violator of the conditions of their release, of the purpose of the preliminary revocation hearing or if a preliminary hearing is not required, the purpose of the final revocation hearing, and shall state what conditions of release are alleged to have been violated and in what manner. The notice may inform the releasee of the purpose of a final hearing in any event. The releasee shall also be provided written notice of the time and place of the preliminary hearing or of the final hearing if no preliminary hearing is required, which information may be included in the notice of violation or another document provided not less than 24 hours in advance of such hearing.

(c)The notice shall state that at a preliminary and a final hearing the releasee:

(1)has the right to appear and speak in their own behalf;

(2)has the right to introduce letters and documents;

(3)may present witnesses who can give relevant information to the presiding officer;

(4)has the right to confront and cross-examine the witnesses against them, unless the releasee has been convicted of a new crime while on supervision or unless the presiding officer finds good cause for their nonattendance;

(5)has the right to representation by counsel; and

(6)has, at a final revocation hearing only, the right to present mitigating evidence relevant to the restoration to supervision.

(d)A releasee who is the subject of a notice of violation shall also be provided, in writing, the name and contact details for institutional defenders or assigned private counsel, as applicable. This information may be included in the notice of violation or another document. Where such information was not previously provided and a recognizance hearing is held, it shall be given at such time. Nothing shall require duplicate or revised notification of this information.

(e)Following approval of prosecution of violation charges and except where a parole warrant is issued, the notice of violation, or the board or department by other means, shall direct the releasee to appear in response to the notice at a specified date and time, and location or manner, which may be the preliminary hearing, or final hearing if a preliminary hearing is not required, or earlier.

(1)The direction that the releasee appear in initial response to the notice may be a condition of release and/or instruction from the parole officer. Notwithstanding section 8004.7 of this Part, the discretionary inclusion of any charge alleging a violation of the direction shall not provide basis for the issuance of a parole warrant for retaking and temporary detention in any case that, without such charge, would not have been eligible for the issuance of a warrant or eligible for the issuance of a warrant if the releasee failed to appear within 48 hours of the time designated for response, nor shall such inclusion otherwise result in the releasee being subject to reincarceration as set forth in the Executive Law should that violation be sustained at a final hearing within such case.

No charge alleging a violation of this direction may be sustained where service of the notice of violation was pursuant to subdivision (g) of this section unless the relevant charge(s) alleging the releasee to have absconded from supervision are not sustained.

(2)The notice of violation, or the board or department by other means, may also direct, as a condition of release, that the releasee appear at all or any preliminary and final revocation proceedings and any adjourned or continuation appearances therefrom. Where such proceedings follow or are scheduled for after the date for initial response to the notice of violation and the releasee has appeared in response to such notice, any violation of such direction may be included as a charge in the matter and may provide basis, in whole or in part and in accordance with section 8004.7 of this Part, for the issuance of a parole warrant for retaking and temporary detention of the releasee, or for the retaking of the releasee into custody under a warrant already issued.

(3)Direction to appear in response to a notice of violation shall not occur until such notice or the charges of violation are produced, provided, however, that such direction may occur prior to the production of the notice where the department reasonably believes that its formal completion will be imminent absent mitigating circumstances.

(f)The notice of violation shall be properly and promptly served upon the releasee following its completion and approval for prosecution. A notice may be approved for prosecution within the meaning of this subdivision upon approval for prosecution of the violation charges, and with or without the date, time and place of the preliminary and final hearings being specified at such time. Proper and prompt service of the notice of violation occurs when the releasee is served with the notice within a reasonable amount of time under the totality of the circumstances at the discretion of the board or department, or at the time of a recognizance hearing pursuant to the Executive Law. The notice shall be served in reasonable advance of the date of a preliminary hearing, and not less than 24 hours prior to such hearing.

(g)Where the department believes the releasee has absconded from supervision and that the releasee remains in such status, service of the notice of violation may be properly and promptly effectuated by delivering such notice to the releasee’s approved address, or last known address if different than the approved address, and this delivery shall be reflected in department records. If the releasee is thereafter understood to have returned to or be retained in custody within and under the jurisdiction of New York State and is accessible to the department, service in accordance with subdivision (f) of this section will then be attempted but such efforts shall not be construed as meaning that appropriate service had not already occurred.

(h)A releasee in Federal custody, or who is out of state whether or not in custody and whether or not such custody, if any, may be pursuant to the uniform act for out-of-state parolee supervision, shall not be considered within the convenience and practical control of the department so as to require prompt service of a notice of violation. The department may effectuate service in accordance with subdivision (f) of this section following the releasee’s known return to the convenience and practical control of the department. Nothing within this subdivision shall preclude the department from sending a notice of violation or its attachments, to authorities in another jurisdiction or to a releasee who is not within its convenience and practical control, nor shall sending any such material imply that further proceedings are required prior to the individual’s known return to the department’s convenience and practical control.

Furthermore, for any such releasee, nothing within this subdivision precludes the department, in its discretion, from commencing the revocation process or otherwise directing a releasee’s return to New York State for further action relative to alleged violations of the conditions of release.

(i)On or after service of a notice of violation, as far as practicable or feasible, any additional documents having been collected or prepared that are relevant to the violation charges shall be delivered to the releasee.

(j)The department may amend, add or otherwise supplement violation charges at any time within a case, and must provide notice of the added or amended charges to the releasee in reasonable advance of any preliminary or final hearing where such charges will be prosecuted, unless such notice is waived or the lack of such notice is not prejudicial.

9 NYCRR 8004.5 - Parole warrant for retaking and temporary detention

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)If a parole officer having charge of a releasee shall have probable cause to believe that such person has violated one or more of the conditions of his release in an important respect, the officer shall report such fact to a member of the board, or a designated officer identified in section 8004.2 of this Part.

(b)Subject to further provisions and restrictions of this Part, the member or designated officer may issue a parole warrant, which is a warrant for the retaking and temporary detention of the releasee. No officer shall issue a warrant in a case where they are the one who furnishes the report upon which it is based, including those cases wherein a notice of violation had first been issued. Nothing in this section shall be construed as prohibiting the issuance of a warrant upon a non-written report to a member or a designated officer in exigent circumstances.

(c)A warrant issued in accordance with subdivisions (a) and (b) of this section may be issued at any time, including during the pendency of a parole revocation case and prior to any scheduled final revocation hearing.

(d)The warrant may be executed by any parole officer, any officer authorized to serve criminal process or any peace officer.

(e)Such officer shall be authorized to take the releasee and have them detained in any jail, penitentiary, lockup or detention pen which shall be located, insofar as practicable, in the county or city in which the arrest occurred or within the county in which the violations are alleged to have occurred. Detention pursuant to the warrant shall be at least until the conclusion of a recognizance hearing, which conclusion shall mean upon the department’s reasonable receipt and notice of a court determination following the hearing; and

(1)where there are one or more violations charges involving conduct that would constitute a new felony or misdemeanor offense, detention is also authorized until conclusion of a proceeding pursuant to article 530 of the Criminal Procedure Law wherein recognizance with respect to the parole revocation case may be determined. The recognizance hearing on the warrant shall not be joined with a Criminal Procedure Law article 530 proceeding where the warrant had been issued for a violation that was already the subject of a court order pursuant to such a proceeding;

(2)where a court conducting a recognizance hearing ordered release, and one or more violations are alleged to have occurred subsequent to that hearing or which occurred prior to such hearing but that the department was unaware of at the time of such hearing, the parole warrant pursuant to this section will authorize detention until the conclusion of the parole revocation case, or until a recognizance court hears the matter again if it had so directed, provided:

(i)where the violation(s) occurred subsequent to the recognizance hearing, the conduct is alleged to have violated a condition of the recognizance court’s order or its instructions that there be no further violations of the conditions of the board or department; or

(ii)where the violation(s) occurred subsequent to the recognizance hearing, the conduct would independently provide basis for the issuance of a parole warrant, including, but not limited to conduct such as absconding or the commission of a misdemeanor or felony; or

(iii)where the violation(s) occurred subsequent to the recognizance hearing, the conduct constituted a failure to appear for a parole revocation proceeding hearing or appearance; or

(iv)where the violation(s) occurred prior to the recognizance hearing but the department was unaware of the conduct at the time of such hearing, the conduct is of such a character or quantity as to be substantially likely, if the recognizance court had been aware of it at the time of the recognizance hearing, to have led it to conclude that the releasee presents a substantial risk of willfully failing to appear at any revocation proceeding and no non-monetary conditions in the community could reasonably assure the releasee’s appearance at such revocation proceedings. In such instance, the recognizance court shall be promptly informed of the relevant conduct and any retaking pursuant to the warrant.

(3)In the event there exist violations of the type specified in paragraph (2) of this subdivision the department is not required to again take the releasee into custody under the same warrant and/or as may be related to the same revocation case, and the department is not precluded by this subdivision from instead charging such violations in a parole revocation case subsequent to the conclusion of the current case, except that the department may not request cancellation of the current case solely for purposes of pursuing such specified charges in a new revocation case.

(4)Where reincarceration has been imposed at the conclusion of a final parole revocation hearing, further detention pursuant to such warrant and consistent with the revocation decision is authorized.

(f)There shall be a presumption that the execution of a parole warrant occurs when the releasee is known to be detained exclusively under the authority of such warrant prior to a recognizance hearing, and that the revocation process will continue in accordance with further provisions in this Part and Part 8005 of this Title following such hearing.

(g)The issuance of a parole warrant and detention under its authority shall be a severable issue from the legality of a parole revocation case, its continuation, or any final determinations therefrom.

(h)Every parole warrant should include, among other information, the following or a similar notification: “Attention: The Department of Corrections and Community Supervision is a required party to, and intends to appear at, any recognizance hearing to determine continued custody of the subject releasee for purposes of parole revocation proceedings. Following the conclusion of the recognizance hearing, the department must be promptly provided the court’s order therefrom.”

9 NYCRR 8004.6 - Certain technical violations - no reincarceration

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)Technical violations for which no period of reincarceration may be imposed include the following specified violations:

(1)violating curfew;

(2)alcohol use, provided however that incarceration is permissible for alcohol use if the person is subject to community supervision due to a conviction for driving under the influence of alcohol;

(3)drug use, provided, however incarceration is permissible for drug use if the person is subject to community supervision due to a conviction for driving under the influence of drugs;

(4)failing to notify the parole officer of a change in employment or program status;

(5)failing to pay surcharges and fees;

(6)obtaining a driver's license or driving a car with a valid driver's license, provided however incarceration is permissible if either action is explicitly prohibited by the person's conviction;

(7)failing to notify the parole officer of contact with any law enforcement agency, provided however, incarceration is permissible if the person intended to hide illegal behavior or if the failure to notify concerns an arrest of the releasee;

(b)Technical violations for which no period of reincarceration may be imposed in the parole revocation process also include violations of a special condition, other than that which may be specifically identified in subdivision (a) of this section, where the failure could be safely addressed in the community or that there exists other reasonable community-based means to address the failure which have not been exhausted.

(c)A technical violation case in which no period of reincarceration may be imposed may consist of:

(1)charges alleging the violative conduct specified in subdivisions (a) and/or (b) of this section;

(2)charges that allege technical violations but wherein, despite the presence of charges alleging conduct identified section 8004.7(a) of this Part, the charges are not of sufficient number to permit reincarceration as explained in section 8004.7(b) of this Part.

(d)If the case has been identified as a technical violation case in which no period of reincarceration may be imposed, a notice of violation may be approved for prosecution; and

(1)if the releasee appears as directed in response to the notice of violation, the parole revocation process shall continue and the releasee afforded the right to a preliminary revocation hearing if such right is not waived; or

(2)if the releasee has intentionally failed to appear as directed in response to the notice of violation and has intentionally failed to appear within 48 hours after such time, no parole warrant may be issued and the violation charges shall be deemed sustained;

(i)in such case, notice of the decision shall be promptly served upon the releasee. Acceptable service in this regard occurs when the releasee is served with notice of the decision within a reasonable amount of time under the totality of the circumstances, and such service may include, but not be limited to, delivering the notice of decision to the releasee’s approved address, or last known address if different than the approved address;

(ii)within one month of the date the notice of decision was served upon the releasee, the releasee may move to vacate such sustained violation(s) if the releasee can show by a preponderance of the evidence that the notice of violation was not properly served or the failure to appear was otherwise excusable;

(a)the releasee may make this motion by paper submission only, filed with the Board of Parole Appeals Unit, at the Board of Parole, New York State Department of Corrections and Community Supervision, 1220 Washington Avenue, Albany, New York 12226. The motion must include a copy of the notice of decision. The motion shall also be on notice to the department, including the area supervisor/bureau chief of the supervision office responsible for the releasee's supervision in the community, which notice must include a full copy of the filing with the Appeals Unit;

(b)the department may respond to the motion by submission to the Board of Parole Appeals Unit. Nothing shall preclude the Appeals Unit or other board staff from obtaining additional information as may be relevant to the case and decision, including information from department staff and records;

(c)following a review of the motion, any response submitted the department, and any additional information that may be deemed relevant by the Appeals Unit, the unit will make a recommendation to the Board of Parole for determination. The matter will thereafter be considered by at least one member of the board for their determination;

(d)if it is determined that the releasee has shown by a preponderance of the evidence that the notice of violation was not properly served or the failure to appear was otherwise excusable, the revocation case will be reopened as may be directed;

(e)where it is determined that the releasee failed to make the required showing, the automatic sustaining of the violation charges and revocation shall stand;

(f)motions provided for in this subparagraph shall not be considered administrative appeals pursuant to Part 8006 of this Title, and the process for their review and determination may be further regulated pursuant to policy and procedures of the Board of Parole. The determination upon any such review shall be an exhaustion of administrative remedies on the motion and not subject to further administrative review or consideration by the board.

9 NYCRR 8004.7 - Technical violations - reincarceration

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)Technical violations for which reincarceration may be imposed include:

(1)a violation of any standard condition of release set forth in section 8003.2 of this Title to the extent such constitutes a technical violation, except for the following:

(i)use of a controlled substance, provided however, that such violation is a technical violation for which reincarceration may be imposed where the releasee is subject to community supervision due to a conviction for driving under the influence of drugs;

(ii)failure to notify the parole officer of a change in employment or program status;

(iii)failure to notify the parole officer of contact with law enforcement, provided however, that such violation is a technical violation for which reincarceration may be imposed where the releasee intended to hide illegal behavior or where the failure to notify concerned an arrest;

(2)a violation of any special condition other than that which may be specifically identified in section 8004.6(a) of this Part, where the failure cannot be safely addressed in the community and all reasonable community-based means to address the failure have been exhausted. The department shall not charge such a violation, as a violation for which reincarceration may be imposed, unless it has concluded that the failure cannot be safely addressed in the community and that all reasonable community-based means to address the failure have been exhausted;

(3)absconding from supervision;

(4)a violation of any direction that the releasee appear at any recognizance hearing or parole revocation process appearance, including the appearance directed in response to a notice of violation, and any preliminary and/or final revocation hearing and any adjourned or continuation appearances therefrom.

(b)With respect to those violations as set forth in subdivision (a) of this section, the case shall not be considered a technical violation case where reincarceration may be imposed unless there are at least three such violations charged within the current case, or at least one such charge in the current case which may be combined with such qualifying sustained prior violations on the instant term(s) as to reach a threshold of three sustained such violations should the current qualifying charge also be sustained. A qualifying prior violation means a violation set forth in subdivision (a) of this section.

(c)Notwithstanding subdivision (b) of this section, any technical violation case wherein the releasee is charged with absconding from supervision shall be considered one where reincarceration may be imposed, without regard to the number of current charges and irrespective of whether violations have been sustained in a prior revocation case involving the releasee.

(d)If the technical violation case has been identified by the department as one in which reincarceration may be imposed, a notice of violation may be approved for prosecution; and

(2)if the releasee has failed to appear as directed in response to the notice of violation and has failed to appear voluntarily within 48 hours after such time, a parole warrant may be issued for the retaking of the person and for their detention pending a recognizance hearing in accordance with section 8004.5 of this Part.

9 NYCRR 8004.8 - Non-technical violations

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)Non-technical violation means:

(1)the commission of a new felony or misdemeanor offense; or

(2)for a releasee who is serving a sentence for an offense defined in article 130 of the Penal Law or section 255.26 or 255.27 of such law, conduct violating a specific condition reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense, provided that for purposes of this part all conditions imposed upon such a releasee are presumed to be reasonably related to such offense and efforts to protect the public from the commission of a repeat of such offense.

(b)A case shall be considered a non-technical violation case where either:

(1)at least one violation charge alleges the commission of a felony or misdemeanor offense in and pursuant to the laws of any jurisdiction; or

(2)the subject releasee who is alleged to have violated one or more conditions of release is currently serving a sentence for an offense defined in article 130 of the Penal Law or section 255.26 or 255.27 of such law.

(c)If the case has been identified by the department as a non-technical violation case, either:

(1)a notice of violation may be approved for prosecution; and

(i)if the releasee appears as directed in response to the notice of violation, the parole revocation process shall continue and the releasee afforded the right to a preliminary revocation hearing if such right is not waived; or

(ii)if the releasee has failed to appear as directed in response to the notice of violation and has failed to appear voluntarily within 48 hours after such time, a parole warrant may be issued for the retaking of the person and for their detention pending a recognizance hearing; or

(2)a warrant for the retaking and temporary detention of the releasee may be issued in accordance with section 8004.5 of this Part.

9 NYCRR 8004.9 - Recognizance hearing

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)Following execution of a parole warrant, for any releasee remaining in custody pursuant to such warrant, a recognizance hearing will be held. The recognizance hearing shall be presided over by a Court of Law as set forth in subdivision (b) of this section and the conduct of such hearing is the responsibility of that court. Except as provided in paragraph (b)(3) of this section, the recognizance hearing may not be combined with any other proceeding nor shall the court decide any subject other than the issue of release on recognizance in regard to the parole warrant.

(b)The releasee for whom a recognizance hearing must be held will be presented for such hearing as follows:

(1)For any releasee alleged to have committed a violation of a condition of release in an important respect in the city of New York, the authorized officer shall present the releasee to the Criminal Court of the City of New York or the Supreme Court Criminal Term in the county where the violation is alleged to have been committed for a recognizance hearing within 24 hours of the execution of the warrant. If no such court of record is available to conduct any business of any type within 24 hours of the execution of the warrant, the recognizance hearing shall commence on the next day such a court in the jurisdiction is available to conduct any business of any type.

(2)For any releasee alleged to have committed a violation of a condition of release in an important respect outside of the City of New York, the authorized officer shall present the releasee to a county court, district court or city court in the county or city where the violation is alleged to have been committed for a recognizance hearing. If no such court of record is available to conduct any business of any type within 24 hours of the execution of the warrant, the recognizance hearing shall commence on the next day such court is available to conduct any business of any type.

(3)If the violation charge or charges involve conduct that would constitute a new felony or misdemeanor offense, such recognizance hearing may be held at the same time as a proceeding pursuant to article 530 of the Criminal Procedure Law for any warrant issued by the department prior to such proceeding. If at the proceeding pursuant to article 530 of the Criminal Procedure Law the court imposes bail on the new alleged criminal offense or commits the releasee to the custody of the sheriff pursuant to such article and the releasee secures release by paying bail or under non-monetary conditions or by operation of law, then the releasee shall not be detained further based solely on the warrant issued by the department. If the department issues a warrant for a non-technical violation for alleged criminal conduct that has already been the subject of a court's order pursuant to article 530 of the Criminal Procedure Law, then within 24 hours of execution of the warrant the releasee shall be provided a recognizance hearing, provided, however, that if no court as provided in this section is available to conduct any business of any type within 24 hours of the execution of the warrant, then the recognizance hearing shall commence on the next day such court is available to conduct any business of any type.

(4)Authorized officer shall mean the superintendent or other person in charge of the jail, penitentiary, lockup or detention pen in which the releasee was detained under the authority of the parole warrant, or their authorized staff. In its discretion, however, the department may permit other peace officers to function as authorized officers for this purpose.

(5)The time within which the authorized officer is to present the releasee for purposes of a recognizance hearing and in which to commence such hearing shall be extended where reasonable to ensure that such releasee is presented to the appropriate court as identified in paragraphs (1) and (2) of this subdivision.

(6)Where the releasee’s custody is pursuant to the parole warrant and they are not detained in the county within which the violations are alleged to have occurred, execution of the warrant shall not be deemed completed within the meaning of this section until their known reception in the appropriate county, provided however, that for releasees detained pursuant to a parole warrant within the City of New York, the warrant may be deemed executed upon their exclusive and known custody pursuant to such warrant within any county therein.

(7)The failure of the authorized officer to present the releasee within the periods set forth in this paragraph shall have no effect on the validity of the parole warrant or the parole violation charges and shall not in itself require release, but may provide basis for an application to a Court of Law, on notice to the department and Board of Parole, for an order compelling the appropriate production.

(c)The purpose of the recognizance hearing is to determine whether the releasee is to be detained pending a preliminary or final revocation hearing, and if not, what non-monetary conditions in the community shall be imposed which will reasonably assure the releasee's appearance at the preliminary or final revocation hearing.

(d)At the hearing there is a presumption of release on recognizance, which release is to be ordered by the court unless it finds that:

(1)the releasee currently presents a substantial risk of willfully failing to appear at preliminary or final revocation hearings; and

(2)that no non-monetary condition or combination of conditions in the community will reasonably assure the releasee's appearance at the preliminary or final revocation hearings.

(e)If the court makes the findings in subdivision (d) of this section the releasee is to be ordered detained until the conclusion of all parole revocation proceedings and the issuance of the final decision therefrom, and as may be consistent with any decision revoking release and directing the releasee’s reincarceration.

(f)If the court finds that the standards identified in subdivision (d) of this section for an order directing the releasee’s continued detention are not met, the releasee is to be ordered released and such order must include the least restrictive non-monetary conditions that will reasonably assure the releasee's appearance at subsequent preliminary and final revocation hearings, provided, however:

(1)The releasee shall not be required to pay for any part of the cost of such conditions imposed by the court.

(2)The board and department retain independent authority to impose conditions of release, including, but not limited to, conditions intended to support a likelihood that the releasee will appear at the preliminary and final revocation hearings and appearances, and any other conditions related to community supervision, whether applicable to the period following the recognizance hearing or thereafter. Violation of these conditions for any such releasee may be considered and charged as violations of the conditions of release.

(g)The releasee has the right to representation by counsel at the recognizance hearing.

(h)The department shall be a party to any recognizance hearing relevant, in whole or in part, to a parole warrant.

(1)The department should demonstrate to the recognizance court that the executed warrant had been properly issued, and should inform the court of the following:

(i)that there is probable cause to believe the releasee violated one or more of the conditions of their release in an important respect;

(ii)that such fact was reported to a member of the board or a designated officer identified in section 8004.2 of this Part;

(iii)that upon such report, a board member or designated officer issued the parole warrant; and

(iv)the violative behavior the releasee is believed to have engaged in.

(2)The department shall present information to the court regarding the alleged violations, and the releasee's community supervision record to the extent practicable and where such information is relevant to the purpose of the recognizance hearing.

(3)Inasmuch as the court may consider such factors as evidence of the releasee's employment, family and community ties including length of residency in the community, history of reporting in a timely fashion to their parole officer, and any other evidence relevant to their stability, the department should be prepared to offer such available information to the court.

(4)Where practicable and if an alleged violation is the subject of a pending criminal prosecution, the department shall coordinate with the office of the district attorney to ensure that relevant information regarding such alleged violation is presented to the court.

(i)At the time of the hearing the department shall serve the releasee with the notice of violation if they were not previously served with such notice; and

(1)the department may also provide a copy of the notice to releasee’s counsel at such hearing;

(2)the notice, amendment thereto or some other document must be served on the releasee at such time apprising them of the time and place of the preliminary revocation hearing, or if a preliminary hearing is not required, the time and place of the final revocation hearing, to any extent such information had not previously been provided to the releasee. Such information shall be in accord with relevant provisions in Part 8005 of this Title and must account for the court’s order stemming from the recognizance hearing;

(3)the notice, amendment thereto or some other document should be served on the releasee at such time stating what conditions of release are alleged to have been violated and in what manner, to any extent such information had not previously been provided to the releasee.

(j)In all cases the department should request that a written order regarding recognizance be issued and promptly served on the department following such issuance. The court is required to explain its decision on recognizance on the record or in writing.

(k)In the event a recognizance hearing is held without the participation of responsible department staff, such fact should be reported as soon as practicable to counsels for the department and for the Board of Parole, but the failure to so report shall neither affect the court’s recognizance order nor prevent further legal proceedings regarding such.

(l)Nothing within this section shall be construed as expanding the purpose of, and appropriate scope of inquiry at, a recognizance hearing as set forth in subdivisions (c) and (d) of this section, and the recognizance court remains without authority to rule on the validity of a notice of violation, parole warrant, or any other aspect of the parole revocation case and its continuation. The evidence presented at the recognizance hearing shall not constrain the department to any position or representation in the parole revocation process, nor may the court’s order or findings on recognizance affect the preliminary or final parole revocation decisions, including the determinations by the presiding officer regarding time assessments that may be imposed upon any sustained violations.

9 NYCRR 8004.10 - Declaration of delinquency

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)A declaration of delinquency may be issued by a board member or by a designated officer holding the title of supervising parole officer or higher after receiving the report of violation charges, and after either:

(1)a waiver by the releasee of the preliminary hearing;

(2)a finding of a preponderance of the evidence at a preliminary hearing;

(3)a conclusion by a board member or a designated officer holding the title of supervising parole officer or higher that there is probable cause to believe the releasee has absconded from supervision; or

(4)a finding that the releasee has been convicted of a new crime while under their present parole, conditional release or period of post-release supervision.

(b)The date of delinquency is the earliest date that a violation of parole is alleged to have occurred.

(c)Where the releasee is alleged to have absconded from supervision, the declaration of delinquency, when issued, shall interrupt the releasee’s sentence(s) as of the date of the delinquency.

(d)If at the conclusion of a final parole revocation hearing a presiding officer dismisses all violation charges, any delinquency corresponding to such revocation case shall be deemed thereby cancelled. If at the conclusion of such hearing the presiding officer sustains any violation charge or charges, the official delinquency date for such matter shall be the earliest date that a violation of parole is found to have occurred.

(e)A declaration of delinquency shall not be a necessary part of or prerequisite to the formal parole revocation process or any proceeding or decision therein, and the lack of any such declaration shall not be a basis for the vacating of a notice of violation or warrant, or for any other form of cancellation or dismissal of the case.

(f)Final declaration of delinquency and revocation by new felony conviction and sentence. Whenever a releasee has been:

(1)convicted of a new felony committed while under their present parole, conditional release or period of post release supervision; and

(2)sentenced to an indeterminate or determinate term upon such conviction, the board may issue a final declaration of delinquency, in lieu of directing that a final revocation hearing be held, which will have the effect of revoking such person's parole, conditional release or period of post release supervision. Any final declaration of delinquency that may be issued shall be so issued upon such person's reception at an institution under the jurisdiction of the Department of Corrections and Community Supervision pursuant to said new indeterminate or determinate sentence. The date of delinquency for the final declaration of delinquency by the board may be either the date of the commission of the new felony offense or the date of sentencing for such offense. Subsequent to the issuance of the final declaration of delinquency, the inmate's next appearance before the board, if any, will be governed by the calculation of the minimum sentence, or the calculation of the aggregate minimum sentences, in accordance with applicable law.

9 NYCRR 8004.11 - Discretionary cancellation of revocation process

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: May 15, 2022
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

(a)At any time after the completion and approval for prosecution of a notice of violation, or after the issuance of a notice of violation or a warrant for retaking and temporary detention, and before the preliminary hearing or waiver thereof, an officer of the department assigned to field service and holding a title above senior parole officer, after consultation with the designated officer issuing the notice of violation or warrant, may report in writing such circumstances concerning the notice of violation or warrant as are relevant to a board member who may then vacate the notice of violation or warrant, and cancel the revocation case.

(b)Actions pursuant to subdivision (a) of this section may be without prejudice to the recommencement of the revocation case or issuance of a new notice of violation and/or warrant based upon the same charges, as the board member directs.

(c)Following a waiver by the releasee of a preliminary parole revocation hearing or a finding of a preponderance of the evidence at a preliminary hearing, upon application of the department submitted to the board and prior to any appearance at a final hearing, upon agreement of three board members, the notice of violation or warrant may be vacated with the releasee restored to supervision under such circumstances as are deemed appropriate.

(d)Where a final revocation hearing has not yet commenced by the swearing of witnesses and the taking of testimony or evidence, the revocation case, notice of violation, and delinquency, if any, may be cancelled by three members of the Board of Parole or the Administrative Law Judge, who shall state their reasons in writing for the cancellation at or before the time of the final hearing but prior to the swearing of witnesses and the taking of testimony or evidence. In cases where the alleged violator is serving a sentence for a felony offense under articles 120, 125, 130, 135, 230, 235, 255, 263, 485 or 490 of the Penal Law, or where the releasee has been granted early conditional parole for deportation only or conditional parole for deportation only pursuant to section 259-i(2)(d) of the Executive Law, such cancellation can only be effectuated by the three members of the board. Cancellation under this subdivision shall not preclude a subsequent notice of violation or warrant based on the same charges.

(e)Where a final revocation hearing has commenced by the swearing of witnesses and the taking of testimony or evidence, a revocation case may no longer be cancelled except following dismissal of all violation charges at the conclusion of a final revocation hearing. A cancellation under this subdivision shall preclude a subsequent notice of violation or warrant based upon the same violation charges.

(f)A warrant may be withdrawn or cancelled without a cancellation of the revocation case.

(g)Cancellation of the revocation case pursuant to this section shall also cancel the delinquency that may have been declared pursuant to section 8004.10(a) of this Part.

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