N.Y. Correction Law § 274: Conditional release; procedures for violation, delinquency, warrants and revocation

§ 274. Conditional release; procedures for violation, delinquency,

warrants and revocation. 1. If at any time during the period of

conditional release, the commission, or any member thereof, has

reasonable cause to believe that a person who has been conditionally

released has lapsed into criminal ways or company, or has violated one

or more conditions of conditional release, the commission or such member

may declare such person delinquent and issue a written declaration of

delinquency. Upon such declaration, such commission or such member may

issue a warrant for the retaking and temporary detention of such person.

2. A warrant issued pursuant to this section shall constitute

sufficient authority to the chief administrative officer of any local

correctional facility to whom it is delivered to hold in temporary

detention the person named therein.

3. A warrant issued pursuant to this section may be executed by any

probation officer or any officer authorized to serve criminal process or

any peace officer, who is acting pursuant to his or her special duties,

or any police officer. Any such officer to whom such warrant shall be

delivered is authorized and required to execute such warrant by taking

such person and having him or her detained as provided for in this

section.

4. The alleged violator shall, within five days of the execution of

the warrant, be given written notice of the time, place and purpose of

the hearing. The notice shall state what conditions of conditional

release are alleged to have been violated and in what manner and shall

inform the alleged violator of his or her right to counsel as provided

for in subdivision seven of this section.

5. The alleged conditional release violator shall appear before the

commission within twenty days of the execution of the warrant. At the

time of such appearance the commission shall ask the alleged violator

whether he or she wishes to make any statement with respect to the

violation. If the alleged violator makes a statement, the commission may

accept it and base a decision thereon. If the commission does not accept

it, or if the alleged violator does not make a statement, the commission

shall proceed with the hearing.

6. The commission may receive any relevant evidence. The alleged

violator may cross examine witnesses and may present evidence on his or

her own behalf.

7. The alleged violator is entitled to counsel at all stages of any

proceeding under this section and the commission shall advise him or her

of such right upon delivering to the alleged violator written notice,

required pursuant to subdivision four of this section.

8. At the conclusion of the hearing, the commission shall issue a

finding. If the commission is not satisfied that there is a

preponderance of evidence in support of the violation, the commission

shall dismiss the violation, cancel delinquency and restore the person

to supervision. If the commission is satisfied that there is a

preponderance of evidence that the alleged violator violated one or more

conditions of conditional release in an important respect, the

commission shall so find.

9. Upon a finding in support of the violation, the commission may

revoke the conditional release, or continue or modify the conditions of

such conditional release. Where the commission revokes a person's

conditional release, such person shall be committed to the custody of

the chief administrative officer of the local correctional facility to

serve the time remaining on his or her sentence, in accordance with

subdivision three of section 70.40 of the penal law. Where the

commission modifies the conditions of the conditional release, the

commission shall inform the person, in writing, of such modified

conditions.

10. Any actions by the commission pursuant to this article shall be

deemed a judicial function and shall not be reviewable if done in

accordance with law.

* 11. The commission, or any member thereof, shall not determine that

a person who has been conditionally released has lapsed into criminal

ways or company, or has violated one or more conditions of conditional

release because such person engages in bona fide work for an employer,

including travel time to or from bona fide work, during curfew times set

by conditions of conditional release. For purposes of this section, bona

fide work is work performed as an employee for an employer, as defined

in section two of the labor law.

* NB There are 2 sb 11's

* 11. The commission, or any member thereof, shall not determine that

a person who has been conditionally released has lapsed into criminal

ways or company, or has violated one or more conditions of conditional

release because such person participated in work related labor protests,

or in a lawful labor dispute, strike or other concerted stoppage of work

or slowdown pursuant to article twenty of the labor law or the national

labor relations act (29 U.S.C. sections 151 et. seq.).

* NB There are 2 sb 11's