Non-technical violations
Compiled text through May 15, 2022
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
- 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.