Title 9 Part 8005 NYCRR — browse free

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Compiled text through May 15, 2022 - Oct 25, 2023 across sectionsRegister checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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9 NYCRR 8005.1 - Applicability

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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)
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Source snapshot: Jun 6, 2026

The rules and regulations set forth in this Part shall govern the scheduling and conduct of revocation proceedings.

9 NYCRR 8005.2 - Evidence

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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)
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Source snapshot: Jun 6, 2026

(a)The formal rules of evidence observed by courts need not be followed, except that the rules of privilege recognized by law shall be observed.

(b)Objections to evidentiary offers must be made and noted on the record.

(c)At a preliminary revocation hearing, proof of conviction of a crime committed while under supervision shall constitute prima facie evidence of a violation of a condition of release in an important respect.

(d)At a final revocation hearing, a certificate of conviction or commitment is prima facie evidence of an alleged violation. Where the only alleged violations are acts which have resulted in criminal convictions, the parole officer and witnesses need not be present.

(e)Official notice may be taken of all facts of which judicial notice could be taken, and of other facts within the specialized knowledge of the division. When official notice is taken of a material fact not appearing in the evidence in the record and of which judicial notice could not be taken, every party shall be given notice thereof and shall on timely request be afforded an opportunity prior to decision to dispute the fact or its materiality.

9 NYCRR 8005.3 - Hearings generally

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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)
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Source snapshot: Jun 6, 2026

(a)The department shall coordinate with the board in matters pertaining to the timely processing of parole revocation cases and revocation hearing schedules. As required and appropriate the department shall also coordinate with the Chief Administrator of the Courts or their designees, the State Office of Court Administration, or courts of law in regard to certain revocation hearings that are to be held in such court facilities.

(b)The department will monitor the status of each revocation case and make efforts to ensure it remains appropriately designated per section 8004.2 of this Title.

(c)Inasmuch as the scheduling of the revocation hearings for each case may vary with their circumstances, the department will endeavor to track relevant events such as releasee appearance or nonappearance in response to a notice of violation, the date and outcome of any relevant recognizance hearing, and the date and outcome of the preliminary hearing, if held. The department should be prepared to provide such information upon request to the board or a presiding officer.

9 NYCRR 8005.4 - Presiding officers at preliminary revocation hearings

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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)
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Source snapshot: Jun 6, 2026

(a)Presiding officers at preliminary revocation hearings shall be hearing officers appointed by the Chairperson of the Board of Parole and designated by the board to conduct preliminary hearings. Such hearing officers may be officers authorized to conduct preliminary hearings, or officers authorized to conduct both preliminary and final hearings.

(b)A preliminary hearing officer shall have had no prior supervisory involvement with the alleged violator.

(c)Presiding officers at preliminary hearings are authorized to:

(1)administer oaths and affirmations;

(2)sign and issue subpoenas and subpoenas duces tecum, as regulated by the Civil Practice Law and Rules; and

(3)conduct preliminary hearings and provide for adjournments thereof.

9 NYCRR 8005.5 - Party representation

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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)
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Source snapshot: Jun 6, 2026

(a)An alleged violator is entitled to representation by an attorney at a preliminary hearing.

(b)

(1)An attorney who represents an alleged violator shall promptly file a notice of appearance with the hearing coordinator at the local area office having responsibility for the supervision of said alleged violator, except that:

(i)for those alleged violators incarcerated at a jail located within New York City, the notice of appearance shall be filed with the Parole Violation Unit of the New York State Department of Corrections and Community Supervision; and

(ii)for those alleged violators incarcerated at a jail located within the counties of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester, the notice of appearance shall be filed with the New York State Department of Corrections and Community Supervision, Hudson Valley Region Parole Violation Unit.

(2)A notice of appearance shall have printed on it the name, business address, and telephone number of the attorney, and the name, New York State identification number and the violation control (warrant) number of the alleged violator represented. Only one alleged violator shall be named on a notice of appearance. A notice of appearance may not be accepted, and may be returned to the sender, when:

(i)the information contained thereon is insufficient to clearly identify the attorney or the alleged violator;

(ii)the notice is submitted to an office of the department not in accordance with the filing instructions contained within the preceding paragraph; or

(iii)more than one alleged violator is named on the notice.

(c)The department may be represented at a preliminary hearing by a parole officer and/or an adversary officer.

9 NYCRR 8005.6 - Scheduling of the preliminary revocation 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)
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Source snapshot: Jun 6, 2026

(a)The preliminary revocation hearing shall be scheduled to take place according to the rules provided in this section, and other sections of this Part and Part 8004 of this Title as may be relevant to reasonably ensure substantial compliance with the Executive Law. Generally:

(1)Where the case may be designated as a technical violation case in which no reincarceration is possible:

(i)if the releasee appears as directed in response to a notice of violation, the preliminary hearing is to be scheduled to occur within 10 days of issuance of the notice;

(ii)if the releasee does not appear as described in section 8004.6(d)(2) of this Title, no preliminary hearing is to be held as the violations shall be deemed sustained.

(2)Where the case may be designated as a technical violation case in which reincarceration is possible:

(i)if the releasee appears as directed in response to a notice of violation, the preliminary hearing is to be scheduled to occur within 10 days of issuance of the notice.

(ii)if the releasee does not appear as described in section 8004.7(d)(2) of this Title and a parole warrant was issued, then upon completion of a recognizance hearing and an order from the court therefrom;

(a)if the releasee was ordered released by the court, the preliminary hearing is to be scheduled to occur within 10 days of the issuance of such order; or

(b)if the releasee was ordered by the court to be detained pending completion of their revocation case, the preliminary hearing is to be scheduled to occur within five days of the issuance of such order;

(iii)nothing within this paragraph shall be construed as prohibiting the conduct of a preliminary hearing in absentia.

(3)Where the case may be designated as a non-technical violation case:

(i)if the department proceeded by notice of violation and there is no parole warrant, the provisions of paragraph (2) of this subdivision shall apply;

(ii)if a parole warrant was issued and executed, then upon completion of a recognizance hearing and an order from the court therefrom;

(a)if the releasee was ordered released by the court, the preliminary hearing is to be scheduled to occur within 10 days of the issuance of such order; or

(4)Should release on recognizance be ordered pursuant to the Executive Law but a court thereafter again consider the releasee’s detention prior to the preliminary hearing taking place, the preliminary hearing may be scheduled or rescheduled to occur within 5 days of the court’s conclusion upon such new consideration if the releasee is ordered detained, or within 10 days of the court’s conclusion if the releasee is again ordered released. Nothing within this subdivision shall be interpreted to require a rescheduling of the preliminary hearing, or to require the scheduling of a new preliminary hearing where a preliminary hearing had commenced or been completed.

(5)The scheduling or conduct of a preliminary hearing for a releasee who has absconded from supervision and remains in such status or who is otherwise not within the convenience and practical control of the department is not required during such period.

(6)Issuance of the notice of violation within the meaning of this subdivision occurs when the releasee has been served with such notice; and

(i)has appeared as directed in response to a notice of violation; or

(ii)has appeared in response to a notice of violation within no later than 48 hours of the directed time, but otherwise as directed. Issuance of the notice of violation may, however, be deemed by the department or board to have occurred prior to the date and time for which the releasee had been directed to appear in response to the notice of violation, in the event the preliminary hearing has been scheduled to occur upon such date.

(b)Location of the hearing.

(1)For any case in which no parole warrant has been issued or in which the releasee was ordered released on recognizance pursuant to the Executive Law, the preliminary hearing shall be scheduled and held in a courthouse, in cooperation with the Chief Administrator of the Courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing.

(2)Notwithstanding paragraph (1) of this subdivision, the preliminary hearing may, in the department’s discretion and as appropriate, be scheduled and held in a residential treatment facility, or a nursing, medical or mental health facility, as the case may be, where it is reasonably likely that the releasee will remain in custody or residence therein irrespective of the issuance of a parole warrant or the decision on recognizance pursuant to the Executive Law. Subsequent changes in a releasee’s custodial or residential status shall permit the department reasonable extension of time for scheduling or rescheduling at another appropriate location.

(c)The right to a preliminary hearing may be waived.

The waiver of a preliminary hearing may be made either in writing on forms provided, or orally on the record at any appearance in response to a notice of violation, the recognizance hearing or the preliminary hearing.

(d)An adjournment may be granted at the preliminary hearing for the releasee to obtain counsel or for good cause shown. An attorney who represents the releasee may only obtain an adjournment for good cause prior to the scheduled date of a preliminary hearing by contacting the hearing coordinator.

(e)There shall be good cause to extend the time in which the preliminary hearing is scheduled to occur where reasonably necessary to allow for its conduct at the appropriate location and facility.

9 NYCRR 8005.7 - Conduct of the preliminary revocation 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)At the preliminary hearing, the preliminary hearing officer shall read each violation charge and the alleged violator shall plead not guilty, guilty, guilty with an explanation, or stand mute with respect to each charge. The department may, for purposes of the preliminary hearing, elect to proceed on only one of the, or certain additional, existing charges.

(b)If the alleged violator at a preliminary hearing pleads guilty to the substance of any charge or an acceptable variation thereof, or admits charged conduct which is a violation of the conditions of release in an important respect, the preliminary hearing officer shall conclude the hearing.

(c)If the alleged violator pleads not guilty to the charges, or elects to stand mute, the preliminary hearing officer shall proceed to direct the presentation of evidence concerning a violation charge, receive statements of witnesses and documentary evidence on behalf of the alleged violator and allow cross-examination of those witnesses in attendance with respect to that charge.

(d)The standard of proof at the preliminary hearing shall be a preponderance of evidence to believe that the releasee has violated one or more of the conditions of their release in an important respect. Proof of conviction of a crime committed subsequent to release on parole or conditional release shall constitute a preponderance of evidence.

(e)The hearing shall conclude at such time as the preliminary hearing officer finds that there is a preponderance of evidence to believe that the alleged violator has violated the conditions of their release in an important respect, or when all charges have been heard and no a preponderance of evidence has been found.

(f)If the preliminary hearing officer finds that there is a preponderance of evidence to believe that the alleged violator has violated one or more of the conditions of parole in an important respect, the matter shall proceed to a final revocation hearing except as may be otherwise directed pursuant to section 8004.11 of this Title. When the matter proceeds to a final hearing the department may prosecute all charges and any additional charges upon sufficient notice, whether or not a preponderance of evidence had been found on such charges at the preliminary hearing.

(g)If the preliminary hearing officer finds that there is no preponderance of evidence to believe that the alleged violator has violated one or more of the conditions of their release in an important respect, they shall dismiss the notice of violation and direct such person be restored to supervision.

9 NYCRR 8005.15 - Presiding officers at final revocation hearings

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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)
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Source snapshot: Jun 6, 2026

(a)Presiding officers at final revocation hearings shall be appointed by the Chairperson of the State Board of Parole and designated and authorized to conduct revocation proceedings including both preliminary and final hearings.

(b)Such presiding officer shall have had no prior supervisory involvement with the alleged violator.

(c)A board member may act as a presiding officer at a final hearing.

(d)The presiding officer at a final hearing is authorized to:

(1)administer oaths and affirmations;

(2)sign and issue subpoenas and subpoenas duces tecum, as regulated by the Civil Practice Law and Rules; and

(3)conduct final revocation hearings and provide for adjournments thereof.

9 NYCRR 8005.16 - Party representation

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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)An alleged violator is entitled to representation by an attorney at a final revocation hearing.

(b)

(i)the information contained thereon is insufficient to clearly identify the attorney or the alleged violator;

(ii)the notice is submitted to an office of the department not in accordance with the filing instructions contained within the preceding paragraph; or

(iii)more than one alleged violator is named on the notice.

(c)The department may be represented at a final revocation hearing by a parole officer and/or an adversary officer.

9 NYCRR 8005.17 - Scheduling of the final revocation hearing

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Dates and status

Compiling agency: Executive Department
Text status: Current section with Register check
Compiled text through: Oct 25, 2023
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-27-23-00002-A · Adopted rule · Oct 25, 2023
Source snapshot: Jun 24, 2026

(a)The final revocation hearing shall be scheduled to take place according to the rules provided in this section, and other sections of this Part and Part 8004 of this Title as may be relevant to reasonably ensure substantial compliance with the Executive Law. Generally: (1) Where a notice of violation has been issued but no parole warrant was issued, the final hearing shall be scheduled to occur within 45 days of issuance of the notice. Issuance of the notice of violation within the meaning of this paragraph occurs when the releasee has been served with such notice and: (i) has appeared as directed in response to a notice of violation; or (ii) has appeared in response to a notice of violation within forty-eight hours of the directed time, but otherwise as directed. In a case that has been properly identified as a technical violation case in which no period of reincarceration may be imposed, if the releasee did not appear as described in paragraph (2) of subdivision (d) of section 8004.6 of this Title, no final hearing is to be scheduled. (2) Where a parole warrant was issued and the releasee ordered released by a court at the conclusion of a recognizance hearing pursuant to the Executive Law, the final hearing shall be scheduled to occur within 45 days of issuance of the court's release order. Should release on recognizance be ordered but a court thereafter again consider the releasee's detention, the final hearing may be scheduled or rescheduled to occur within 45 days of the court's conclusion upon such new consideration if the court again orders release, or if the court now orders detention, within the later of 30 days of either the issuance of the court's order directing that the releasee be detained, or issuance of the determination following a preliminary hearing that there exists a preponderance of evidence that the releasee violated one or more conditions of release in an important respect or the waiver of the preliminary hearing. Nothing within this paragraph shall be interpreted to require a rescheduling of the final hearing, or to require the scheduling of a new final hearing where a final hearing had commenced. (3) Where a parole warrant was issued and the releasee was ordered detained by a court at the conclusion of a recognizance hearing pursuant to the Executive Law and where no such hearing relative to same revocation case had previously occurred, the final hearing shall be scheduled to occur within 30 days of either issuance of the determination following a preliminary hearing that there exists a preponderance of evidence that the releasee violated one or more conditions of release in an important respect, or the waiver of the preliminary hearing. (4) There shall be good cause to extend the time in which the final hearing is scheduled to occur where reasonably necessary to allow for its conduct at the appropriate location and facility as set forth in subdivision (b) of this section. (5) The scheduling or conduct of a final hearing for a releasee who has absconded from supervision and remains in such status or who is otherwise not within the convenience and practical control of the Department is not required during such period. (b) Location of the hearing. (1) The final hearing shall be scheduled and held in a courthouse, in cooperation with the chief administrator of the courts and the chief administrator's designees, provided, however, that if such a courthouse is not reasonably available for such hearing, the Department may designate a suitable office or other similar facility that is not a correctional facility, detention center or local correctional facility for such hearing. (2) Notwithstanding paragraph (1) of this subdivision, in the department's discretion and as appropriate, where the releasee is in custody or residence within a medical, correctional or similar facility, and will not be produced for a revocation proceeding at another location or courthouse, the final hearing may be scheduled and held in a location deemed necessary under the circumstances for purposes of the timely processing of the case. Subsequent changes in a releasee's custodial or residential status shall permit the department reasonable extension of time for scheduling or rescheduling at another appropriate location. (c) The alleged violator and an attorney who has filed a notice of appearance in accordance with rules of the Board shall be given written notice of the date, place and time of the hearing in accordance with section 8005.18 of this Part. (d) Adjournments. (1) Where an adjournment is granted at the request of or agreed to by an alleged violator or their counsel, or where an alleged violator or their attorney, by their actions, preclude the prompt conduct of a final revocation hearing, the time in which to hold the hearing shall be extended to the next available date. (2) A request for an adjournment may be granted, or the presiding officer on their own motion may direct an adjournment, upon good cause shown, having due regard for the interests of the parties and the obligations of the Board to hear the case. (3) A request for a continuance of a final revocation hearing already commenced and in progress may be granted in the discretion of the presiding officer, having due regard for the interests of the parties. Such requests shall be for good cause and must be noted on the hearing record. (4) Nothing in this section shall preclude a presiding officer from adjourning a case with chargeable time allocated between parties. Adjournments and continuances may be further managed, not inconsistent with the rights of the parties, pursuant to guidance or policy of the Board.

9 NYCRR 8005.18 - Notice of final revocation hearings

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jun 30, 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: Jul 8, 2026

(a)The alleged violator and an attorney who has filed a notice of appearance in accordance with rules of the board shall be given written notice of the date, place and time of the final revocation hearing. Such notice shall occur at the conclusion of the preliminary revocation hearing where a preponderance of the evidence has been found, or earlier, except that notice or revised notice thereafter is timely where it is in reasonable advance of the final hearing under the totality of the circumstances.

(b)Notice to the alleged violator shall also include notice of the purpose of the final hearing, a statement of the conditions of release that are alleged to have been violated and in what manner, and identification of the alleged violator’s rights at a final revocation hearing, which are those listed in section 8004.4(c) of this Title and include a right to present mitigating evidence relevant to the possible restoration to supervision.

(c)Notice to the alleged violator shall include the name and contact details for institutional defenders or assigned private counsel, as the case may be, except that such notice is not required where an attorney has filed a notice of appearance in the matter or representation by counsel has otherwise been established.

(d)The notice to the alleged violator required by this section may be provided through the notice of violation, violation of release report or other documents, and nothing herein shall be construed as requiring duplicate notice, or written notice of adjourned or continuation dates where such information has been adequately conveyed to the releasee or counsel on the record.

(e)As far as practicable or feasible, any additional documents having been collected or prepared that support the violation charges shall be delivered to the releasee but need not be included with the notice in regard to the final hearing.

9 NYCRR 8005.19 - Conduct of the final revocation 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)At the final revocation hearing, the presiding officer shall read the charges unless such reading is waived. The alleged violator shall be sworn as provided by law. The alleged violator shall plead not guilty, guilty, guilty with an explanation, or stand mute with respect to each of the charges.

(b)If the alleged violator pleads guilty or guilty with an explanation, the presiding officer shall direct the presentation of evidence, if any, with respect to mitigation of the violations and restoration to parole.

(c)All persons giving evidence at the hearing shall be sworn by the presiding officer in accordance with law.

(d)If the alleged violator pleads not guilty or elects to stand mute, the presiding officer shall direct the presentation of evidence with respect to each charge. At the conclusion of each witness' testimony, the presiding officer shall allow for the cross-examination of the witness. Evidence of mitigating circumstances, or in defense to the charges, shall be admitted after presentation of all evidence in support of a violation of parole, and in the same manner as evidence with respect to each charge.

(e)The standard of proof at a final revocation hearing is clear and convincing evidence adduced at the hearing in support of a charge that the alleged violator has violated one or more of the conditions of their release in an important respect.

(f)Conduct that formed the basis of a criminal arrest shall not form a basis of a sustained parole violation if a court has, prior to the final hearing, adjudicated that criminal matter with an acquittal, adjournment in contemplation of dismissal, or violation.

9 NYCRR 8005.20 - Final revocation hearing determination

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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-05-19-00006-A · Adopted rule · Jan 8, 2020
Source snapshot: Jun 6, 2026

(a)If the presiding officer is not satisfied that there is clear and convincing evidence in support of any of the violation charges, they must dismiss the charges and restore the releasee to supervision.

(b)If the presiding officer is satisfied that there clear and convincing evidence in support of a violation charge or charges, and that the alleged violator violated one or more of the conditions of release in an important respect, they shall so find.

(c)Where one or more charges of violation are sustained pursuant to subdivision (b) of this section, the presiding officer shall revoke the violator's release. Upon a decision to revoke the violator's release and following consideration of relevant mitigating and aggravating factors as set forth in subdivision (g) of this section, the presiding officer may:

(1)restore such violator to supervision, and in their discretion impose conditions directly related to such restoration, including but not limited to direction that the releasee cooperate with re-entry services provided in the community by a qualified non-profit agency; or

(2)where reincarceration is permitted, impose one or more time assessments. The presiding officer shall impose the least restrictive reasonable sanction.

(d)Notwithstanding any other provisions of this Part, if in a case alleging non-technical violations the alleged violator, the department and the presiding officer agree, the alleged violator’s release may be revoked upon a guilty plea to a charge other than one alleging conduct that would constitute a felony or misdemeanor offense but with the understanding that they will be deemed, and treated as, a non-technical violator. In such case if a period of reincarceration is directed, it shall be for no less than six months.

(e)Time assessments.

(1)A time assessment may be imposed for each such sustained violation wherein reincarceration is permitted by the sustaining of such charge. When there is more than one time assessment imposed in the case, such time assessments will run concurrently.

(2)Technical violation cases:

(i)Where one or more violation charges are sustained in a technical violation case for which reincarceration may have been possible, those current sustained charges and sustained charges in all prior revocation cases on the instant term(s) must be reviewed to determine whether reincarceration is a permitted disposition in the current case, with the following understanding: no period of reincarceration may be imposed for the first and second substantiated technical violations for which incarceration may be imposed; up to seven days reincarceration may be imposed for the third substantiated technical violation for which incarceration may be imposed; up to 15 days reincarceration may be imposed for the fourth substantiated technical violation for which incarceration may be imposed; up to 30 days reincarceration may be imposed for the fifth and subsequent substantiated technical violations for which incarceration may be imposed.

(ii)Upon the review in subparagraph (i) of this paragraph, the presiding officer may impose a time assessment only where there are at least three qualifying for which incarceration may be imposed violations sustained within the current case, or at least one such charge sustained in the current case which may be combined with such qualifying sustained prior violations on the instant term(s) as to reach the threshold of three sustained such violations.

(iii)Notwithstanding the above, in any case wherein a charge of absconding from supervision is sustained, a time assessment may be imposed, with the following understanding: up to seven days reincarceration may be imposed for the first absconding violation, up to 15 days reincarceration may be imposed for the second absconding violation, and up to 30 days reincarceration may be imposed for the third or any subsequent absconding violation. Where a charge or charges of absconding are sustained in the current case, prior sustained absconding violations shall be considered in accordance with this subparagraph but any absconding violation shall be considered in accord with subparagraph (i) of this paragraph where a greater time assessment may result and provided moreover, nothing herein shall be construed as prohibiting any other time assessments in such matter in accord with subparagraph (i) of this paragraph.

(iv)Where one or more time assessments are imposed in these cases, they are to be imposed in accordance with the understandings in this paragraph, with a presumption, in such instance, that the maximum available period(s) of reincarceration will be imposed.

(3)Non-technical violation cases:

(i)Where one or more non-technical violation charges alleging the commission of a new felony or misdemeanor offense are sustained in the current case, a time assessment for each such violation may be imposed, which shall be: no less than six months for a misdemeanor except one under Penal Law article 130; no less than 12 months for any felony, or for any misdemeanor under article 130.

(ii)Where the violator 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 the sustained charge(s) are considered non-technical in accordance with section 8004.8(a) of this Title and are not for a felony or misdemeanor offense, a time assessment for each such violation may be imposed, which shall be no less than six months.

(iii)Nothing herein shall be construed as prohibiting other time assessments in the case as may appropriately correspond to any sustained technical violation charges.

(f)No violator shall be restored to supervision in the community upon a decision revoking such violator's release unless the presiding officer concludes that such violator's needs, as related to the violative behavior, could be appropriately addressed in the community with community supervision and that a restoration to supervision would not have an adverse effect on public safety and public confidence in the integrity of the criminal justice system. The presiding officer may, when directing that the violator be restored to supervision, impose appropriate special conditions of release. Such conditions may be modified or removed, solely upon the initiation of the department, by a member or members of the Board of Parole.

(g)Mitigating and aggravating factors.

Where one or more charges of violation are sustained pursuant to subdivision (b) of this section and the violator’s release is revoked, the resulting disposition shall be in the interests of public safety and justice. In all cases the presiding officer will consider mitigating and aggravating factors in determining the appropriate sanction. These factors include, but are not limited to:

(1)Mitigating factors:

(i)length of time the violator has spent in custody due to the parole warrant;

(ii)violator has been deemed to have the lowest supervision risk level as determined by the assessment tool utilized by the department;

(iii)violator was the primary caregiver of a dependent person immediately prior to having been incarcerated on the parole violation warrant, and if restored to supervision has a residence and means of support so that they would continue to care for the dependent person;

(iv)absconder who voluntarily surrendered;

(v)a violator whose medical or psychiatric needs would be most appropriately and safely addressed through continued community supervision;

(vi)no prior sustained violations on the instant offense term;

(vii)employed/attending school;

(viii)diligent program participation prior to current warrant issuance;

(ix)stable residence;

(x)lack of criminal history other than the instant offense;

(xi)length of time on supervision between last date of release and earliest date of current alleged violation;

(xii)general adjustment to supervision;

(xiii)violator acknowledged responsibility for conduct;

(xiv)cooperation with law enforcement or a prosecutorial agency which the department requests that the presiding officer consider as a mitigating factor.

(2)Aggravating factors:

(i)violator has been deemed to have the highest supervision risk level as determined by the assessment tool utilized by the department;

(ii)prior sustained violation(s);

(iii)absconder who did not voluntarily surrender;

(iv)physical evasion of or physical resistance to a parole, police or peace officer;

(v)length of time on supervision between last date of release and earliest date of current alleged violation;

(vi)tampering with or removal of GPS/electronic monitoring device;

(vii)criminal history;

(viii)prior history of absconding;

(ix)history of domestic violence;

(x)general adjustment to supervision.

(h)Decision.

The decision made pursuant to subdivision (c) or (d) of this section shall be in writing, or stated on the record of the hearing, and shall state the evidence relied upon and the reasons for the revocation of community supervision, and the reasons for the disposition made.

(i)Notification.

As soon as practicable after a violation hearing, the alleged violator and his attorney shall be advised in writing of the violation hearing decision, including the reason for the determination and the evidence relied upon.

(j)A final decision made by a presiding officer pursuant to this section shall be binding in all instances and deemed a decision of the Board for purposes of this Part.

9 NYCRR 8005.21 - Relevant nonprofit service providers

Compiled text through May 15, 2022

No later Register activity identified in this check.

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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)Where a nonprofit service provider has demonstrated to the satisfaction of the board and department that it is currently capable of offering relevant community-based services to releasees, it may be permitted to attend preliminary and final parole revocation hearings where there is no disruption to the proceedings and the health and safety of any participant or of the provider’s representatives is not otherwise threatened. The nonprofit service provider shall not be considered a party to the revocation proceedings and shall have no independent right to participate therein.

(b)The presiding officer at a final parole revocation hearing may, in their discretion, permit the releasee or their counsel to communicate with the nonprofit service provider during a reasonable recess of the proceeding where the communications are expected to aid in ascertaining an appropriate revocation disposition, including, but not limited to, any relevant conditions of release that might be a part thereof. It is assumed, however, that communications between the releasee or their counsel and the nonprofit service provider may freely occur outside of the time of such proceedings without direction and involvement of the presiding officer or any other employee of the board or department.

(c)The presiding officer at a final parole revocation hearing may, in their discretion, permit a representative of the provider to directly offer, on or as a part of the record, case-specific information regarding relevant community-based services that such provider is willing to provide and is currently capable of providing to the releasee who is the subject of the proceeding. Nothing within this subdivision shall prohibit such information from being offered by a party at a final hearing.

(d)In determining whether a nonprofit service provider is currently capable of offering relevant community-based services to releasees within the meaning of this section, the board and department may consider any relevant information including, but not necessarily limited to, the provider’s verifiable services and resources, record with respect to delivering such services successfully, history of cooperating with and providing timely information to the board and department, history of compliance with subpoenas, and responses to any inquiries made of them by the presiding officer or any party in any revocation proceedings.

(e)The provisions of this section shall not create or confer any new or additional right in favor of the releasee, and noncompliance 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 challenge to or dismissal of the revocation case.

9 NYCRR 8005.22 - Delinquent time case review

Compiled text through May 15, 2022

No later Register activity identified in this check.

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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)It is the policy of the Board of Parole to review, sua sponte, any revocation determination wherein the time assessment imposed is in excess of 24 months. The purpose of said review is to provide the members of the board, acting in executive session, an opportunity to freely discuss such determinations, to decide, in view of the totality of the case record, whether such determination is considered to be appropriate by the majority of the members of the board, given the fact that the underlying revocation decision is rendered by a single board member. The delinquent time case review is not a substitute for an administrative appeal taken and decided pursuant to Part 8006 of this Title or any appeal pursuant to subdivision 4-a of section 259-i of the Executive Law. Rather, given that such an appeal of a revocation determination is limited to a review of the revocation record, the delinquent time case review is intended to permit the board to consider any information in its records that it considers to be pertinent to the case, so as to facilitate equitable and consistent decision making. Insofar as the delinquent time case review represents an internal opportunity for the members of the board to discuss cases that are within the aforementioned category, the time for the conduct of said review may vary in the sole discretion of the board and, in keeping with the purpose of the case review, the board will not solicit or accept input from outside of the board, or advise the subject of the case review that the matter is under consideration.

(b)Review under this section shall not occur until the administrative appeal permitted pursuant to Part 8006 of this Title has been decided, or the time to take such an appeal has expired, and, as the delinquent time case review is not an administrative remedy, its pendency or conduct shall not preclude a violator from seeking judicial review of an underlying revocation determination once the administrative appeal permitted pursuant to Part 8006 of this Title is concluded. Furthermore, review under this section shall not occur until an appeal pursuant to subdivision 4-a of section 259-i of the Executive Law, if any, has been decided and all further appeal or litigation therefrom has concluded, and either administrative appeal permitted pursuant to Part 8006 of this Title has been decided thereafter, or the time to take an administrative appeal in such circumstance has expired.

(c)A time assessment in the underlying revocation determination may not be increased by a review conducted pursuant to this section. In a case where a time assessment is reduced, the violator will be provided with written notice of the amended time assessment. A written statement of reasons will not be issued for any case reviewed pursuant to this section, nor will notice be provided to a violator that such person's case has been reviewed, except to the extent that such review results in a reduction of a time assessment imposed.

(d)A delinquent time case review shall be conducted by a quorum of the members of the board, and decided by a majority vote of the members present.

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