N.Y. Correction Law § 273: Conditional release; procedures for application and determinations

§ 273. Conditional release; procedures for application and

determinations. 1. Any incarcerated individual who is eligible for

conditional release by a commission pursuant to subdivision two of

section 70.40 of the penal law and who has served a minimum period of

sixty days in a local correctional facility may apply for conditional

release. Eligibility criteria shall be limited to incarcerated

individuals:

(a) who have not been previously convicted and who do not stand

convicted of any crime which would make such incarcerated individual

ineligible for the receipt of merit time pursuant to section eight

hundred three of this chapter, any crime pursuant to article two hundred

thirty-five of the penal law when the victim of such offense was under

the age of eighteen at the time of the offense, or any crime which the

commission determines constituted a crime of domestic violence;

(b) having jail records which make them eligible for a reduction of

sentence under section eight hundred four of this chapter;

(c) having verified community ties in one of the following areas:

employment, permanent residence and family.

Application shall be made in writing, on forms prescribed by the

division, to the commission in the county where the sentence was

imposed.

2. The commission shall review and make a determination on each

application within thirty days of receipt of such application. No

determination granting or denying such application shall be valid unless

made by a majority vote of at least three commission members present. No

release shall be granted unless there is a reasonable probability that,

if such incarcerated individual is released, he or she shall live and

remain at liberty without violating the law, and that his or her release

is not incompatible with the welfare of society and shall not so

deprecate the seriousness of his or her crime as to undermine respect

for law.

3. If conditional release is granted, the commission shall set the

conditions for release of the person in accordance with rules and

regulations promulgated by the division. Such person shall be given a

copy of the conditions of release. Such conditions shall, where

appropriate, include a requirement that the person comply with any

restitution order previously imposed by a court of competent

jurisdiction that applies to the person.

4. No person who has been granted conditional release shall be

released until such person has served a minimum period of incarceration

of ninety days, in accordance with subdivision two of section 70.40 of

the penal law, and unless such person has agreed in writing to the

conditions set by the commission. Such agreement shall state in plain,

easily understandable language the consequences of a violation of one or

more of the conditions of release.

5. Persons who have been granted conditional release by the commission

established pursuant to this article shall, while on conditional

release, be in the legal custody of the commission 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. The probation department located in the jurisdiction of the

commission has the duty of supervising the person during the period of

such conditional release. The commission shall impose a minimum of four

supervision contacts per month while the person is on conditional

release, unless the commission determines that fewer contacts are

appropriate in any individual case.

6. If conditional release is not granted, the commission shall inform

the person in writing of the factors and reasons for such denial of

conditional release within fifteen days of the decision. Such reasons

shall be given in detail and not in conclusory terms. Incarcerated

individuals denied conditional release are eligible to reapply sixty

days after the date of the denial.