N.Y. Executive Law § 259: Definitions

§ 259. Definitions. When used in this article, the following terms

shall have the following meanings:

1. "Board" means the state board of parole.

2. "Commissioner" means the commissioner of the department of

corrections and community supervision.

3. "Community supervision" means the supervision of individuals

released into the community on temporary release, presumptive release,

parole, conditional release, post release supervision or medical parole.

4. "Department" means the department of corrections and community

supervision.

5. "Releasee" means an individual released from an institution under

the jurisdiction of the department into the community on temporary

release, presumptive release, parole, conditional release, post-release

supervision or medical parole.

6. "Technical violation" means any conduct that violates a condition

of community supervision in an important respect, other than the

commission of a new felony or misdemeanor offense under the penal law.

7. "Non-technical violation" means: (a) the commission of a new felony

or misdemeanor offense; or (b) conduct by 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, and such conduct violated a

specific condition reasonably related to such offense and efforts to

protect the public from the commission of a repeat of such offense.

8. "Absconding" means intentionally avoiding supervision by failing to

maintain contact or communication with the releasee's assigned community

supervision officer or area bureau office and to notify his or her

assigned community supervision officer or area bureau office of a change

in residence, and reasonable efforts by the assigned community

supervision officer to re-engage the releasee have been unsuccessful.