§ 201 — Authority and responsibility for community supervision

New York § 201

• Jurisdiction: New York
• Law COR: Correction
• Art. 8: Community Supervision

Text

§ 201. Authority and responsibility for community supervision. 1. The\ndepartment shall have responsibility for the preparation of reports and\nother data required by the state board of parole in the exercise of its\nindependent decision making functions.\n 2. In accordance with the provisions of this chapter, the department\nshall supervise incarcerated individuals released to community\nsupervision, except that the department may consent to the supervision\nof a released incarcerated individual by the United States parole\ncommission pursuant to the witness security act of nineteen hundred\neighty-four.\n 3. To facilitate the supervision of all incarcerated individuals\nreleased to community supervision, the commissioner shall consider the\nimplementation of a program of graduated sanctions, including but not\nlimited to the utilization of a risk and needs assessment instrument\nthat would be administered to all incarcerated individuals eligible for\ncommunity supervision. Such a program would include various components\nincluding approaches that concentrate supervision on new releases,\nalternatives to incarceration for technical parole violators and the use\nof enhanced technologies.\n 4. The department shall conduct such investigations as may be\nnecessary in connection with alleged violations of community\nsupervision.\n 5. The department shall assist incarcerated individuals eligible for\ncommunity supervision and individuals who are on community supervision\nto secure employment, educational or vocational training, and housing.\nAny program the department requires a person on community supervision to\ntake as a condition of such supervision shall not unreasonably interfere\nwith such person's employment, educational or vocational training\nschedule unless such program is a residential treatment program.\n 6. The department shall have the duty to provide written notice to\nincarcerated individuals prior to release to community supervision or\npursuant to subdivision six of section 410.91 of the criminal procedure\nlaw of any requirement to report to the office of victim services any\nfunds of a convicted person as defined in section six hundred\nthirty-two-a of the executive law, the procedure for such reporting and\nany potential penalty for a failure to comply.\n 7. The department shall encourage apprenticeship training of such\npersons through the assistance and cooperation of industrial, commercial\nand labor organizations.\n 8. The department may establish a community supervision transition\nprogram, which is hereby defined as community-based residential\nfacilities designed to aid community supervision violators to develop an\nincreased capacity for adjustment to community living. Presumptive\nreleasees, parolees, conditional releasees and those under post-release\nsupervision who have either (a) been found pursuant to article twelve-B\nof the executive law to have violated one or more conditions of release\nin an important respect, or (b) allegedly violated one or more of such\nconditions upon a finding of probable cause at a preliminary hearing or\nupon the waiver thereof may be placed in a community supervision\ntransition facility. Placement in such a facility upon a finding of\nprobable cause or the waiver thereof shall not preclude the conduct of a\nrevocation hearing, nor, absent a waiver, operate to deny the releasee's\nright to such revocation hearing.\n 10. The department shall have the power to grant and revoke\ncertificates of relief from disabilities and certificates of good\nconduct as provided for by law.\n 11. In any case where a person is entitled to jail time credit under\nthe provisions of paragraph (c) of subdivision three of section 70.40 of\nthe penal law, to certify to the person in charge of the institution in\nwhich such person's sentence is being served the amount of such credit.\n 12. The department shall supervise all persons who are released and\nsubject to a regimen of strict and intensive supervision and treatment\npursuant to article ten of the mental hygiene law. The department shall\nissue and periodically update rules and regulations concerning the\nsupervision of such persons in consultation with the office of sex\noffender management in the division of criminal justice services and the\noffice of mental health.\n 13. The department shall perform such other functions as are necessary\nand proper in furtherance of the objective of maintaining an effective,\nefficient and fair system of community supervision.\n 14. The commissioner shall promulgate such regulations as are\nnecessary and proper for the efficient performance of the functions set\nforth in this article. He or she shall have the authority to contract\nwith public or private agencies for the performance of the functions set\nforth in this section as are necessary or appropriate to promote the\nefficient performance of such responsibilities, except the functions\ndefined in subdivisions one, two, four, ten and twelve of this section.\n 15. The commissioner shall provide an annual report to the temporary\npresident of the senate, the speaker of the assembly, the minority\nleader of the senate and minority leader of the assembly, commencing\nJanuary first, two thousand twelve. Such report shall include but not be\nlimited to the number of persons: released to community supervision and\nthe release type; supervised on community supervision during the\npreceding year; whose community supervision was revoked; returned to\nincarceration for conviction of a new felony committed while on\ncommunity supervision; transferred out of state pursuant to the\nInterstate Compact for Adult Supervision. In addition, the commissioner\nshall provide other available information regarding community\nsupervision to the temporary president of the senate, the speaker of the\nassembly, the minority leader of the senate and minority leader of the\nassembly upon request.\n