N.Y. Correction Law § 272: Local conditional release commission; function, powers and duties

§ 272. Local conditional release commission; function, powers and

duties. The commission shall:

1. have the power and duty of determining which persons sentenced

within the county, or the city of New York, and serving a definite

sentence of imprisonment and eligible for conditional release pursuant

to subdivision two of section 70.40 of the penal law may be released on

conditional release and when and under what conditions in accordance

with section two hundred seventy-three of this article;

2. have the power to determine, as each incarcerated individual

applies for conditional release, the need for supplemental investigation

of the background of such incarcerated individual and cause such

investigation as may be necessary to be made as soon as practicable. The

commission may require that the probation department located in the

jurisdiction of the commission conduct such supplemental investigation.

The results of such investigation together with all other information

compiled by the local correctional facility and the complete criminal

record and family court record of such incarcerated individual shall be

readily available when the conditional release of such incarcerated

individual is being considered. Such information shall include a

complete statement of the crime for which the incarcerated individual

has been sentenced, the circumstances of such crime, all presentence

memoranda, the nature of the sentence, the court in which such

incarcerated individual was sentenced, the name of the judge and

district attorney and copies of such probation reports as may have been

made as well as reports as to the incarcerated individual's social,

physical, mental and psychiatric condition and history;

3. have the legal custody of persons conditionally released and placed

under the supervision of the local probation department for a period of

one year, or until returned to the custody of the local correctional

facility located in the jurisdiction of the commission, as the case may

be;

4. have the power to revoke the conditional release of any person in

the legal custody of the commission and to issue declarations of

delinquency and authorize the issuance of a warrant for the retaking of

such person, as provided for in section two hundred seventy-four of this

article;

5. for the purpose of any investigation necessary in the performance

of its duties, have the power to issue subpoenas, to compel the

attendance of witnesses and the production of books, papers, and other

documents pertinent to the subject of its inquiry. The minutes of all

commission meetings must be recorded and such records shall be retained

according to applicable standards;

6. have the power to authorize any members thereof to administer oaths

and take the testimony of persons under oath;

7. notify, in writing, the initial sentencing court, the district

attorney and defense counsel within five business days of receipt of an

application for a local conditional release filed under this article and

provide a fifteen day period for comment on such application. Comments

submitted under this subdivision shall be provided to the commission and

all parties;

8. notify in writing the appropriate local probation department prior

to release of a conditionally released person of such department's

responsibilities to supervise such person;

Such notice shall include the name and residence of the person, the

date of release, the conditions of release, and all necessary records

maintained on such person to aid the local probation department in the

performance of its responsibilities pursuant to subdivision six of

section two hundred fifty-six of the executive law;

9. have the power to transfer the legal custody of persons

conditionally released in accordance with the provisions of section two

hundred seventy-five of this article;

10. present an annual report to the county legislature, or in the case

of the city of New York, to the city council, of its findings and

actions on submitted applications.