New York regulations

9 NYCRR 352.1

Executive Department

Browse New York regulations by title, part, and section.

Definitions

Definitions

Compiled text through Sep 15, 2021

Register checked through Jul 29, 2026

No later Register activity identified in this check.

Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Sep 15, 2021
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Latest notice
CJS-32-18-00008-A · Adopted rule · Mar 27, 2019
Source snapshot
Jun 6, 2026
(a)The term absconder means a probationer who has failed to make his/her whereabouts known for a period of 30 calendar days subsequent to his/her last failure to report, or who has left the jurisdiction of the court without permission of the court or probation officer with intent to evade supervision.
(b)The term court notification report means a written communication which is submitted by the Probation Department to notify the proper court(s) of events relating to non-compliance with probation conditions and/or rearrest(s).
(c)The term declaration of delinquency means a court-approved tolling of the period of the disposition or sentence of probation when the court has reasonable cause to believe that a probationer has violated a condition or conditions of probation.
(d)The term graduated responses means a system of incentives, sanctions, and/or referral to evidence-based services. The use of incentives/rewards should include, but not be limited to encouragement by the probation officer, verbal praise, letter of recognition, easing of restrictions, granting travel requests, and decreased reporting requirements. The use of sanctions should include, but not be limited to the imposition of progressively more severe or restrictive actions for continued non-compliance such as increased interventions and appearance at a departmental administrative hearing or court for judicial admonishment.
(e)The term reasonable cause refers to the existence of evidence or information, which appears reliable, disclosing facts or circumstances that a person has violated a condition of probation and such evidence or information is substantial enough to convince a person of ordinary intelligence, judgment and experience that it is likely that such condition was violated and that such person violated it.
(f)The term revocation means rescinding of the disposition or sentence of probation by the court following the finding of a violation at a hearing.
(g)The term violation of probation means a failure to comply with the terms and conditions of probation supervision imposed by the court (technical violation), or the commission of an offense other than a traffic infraction.
(h)The term violation of probation petition and report means a written document which is submitted by the Probation Department to notify the court that a probationer has violated one or more conditions of probation and to request immediate response from the court. It shall include a description of the alleged violation or violation(s) of probation, the facts and/or evidence to support the allegation(s) against the probationer, summary of the probationer's adjustment to probation supervision, and a recommendation in accordance with law.
(i)The term warrant means a violation of probation or probation warrant.

State Register activity

1 rulemaking · 2 notices

  1. Graduated Sanctions and Violations of Probation, retitled to: Graduated Responses.

    CJS-32-18-00008Division of Criminal Justice ServicesPart-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 352).

    1. Adopted ruleCJS-32-18-00008-A

      Amendment of Part 352 of Title 9 NYCRR.

    2. Proposed ruleCJS-32-18-00008-P

      Amendment of Part 352 of Title 9 NYCRR.

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

LawEngine organizes New York regulations for fast review. Use independent legal judgment before filing.