§ 272 — Local conditional release commission; function, powers and duties

§ 272. Local conditional release commission; function, powers and\nduties. The commission shall:\n 1. have the power and duty of determining which persons sentenced\nwithin the county, or the city of New York, and serving a definite\nsentence of imprisonment and eligible for conditional release pursuant\nto subdivision two of section 70.40 of the penal law may be released on\nconditional release and when and under what conditions in accordance\nwith section two hundred seventy-three of this article;\n 2. have the power to determine, as each incarcerated individual\napplies for conditional release, the need for supplemental investigation\nof the background of such incarcerated individual and cause such\ninvestigation as may be necessary to be made as soon as practicable. The\ncommission may require that the probation department located in the\njurisdiction of the commission conduct such supplemental investigation.\nThe results of such investigation together with all other information\ncompiled by the local correctional facility and the complete criminal\nrecord and family court record of such incarcerated individual shall be\nreadily available when the conditional release of such incarcerated\nindividual is being considered. Such information shall include a\ncomplete statement of the crime for which the incarcerated individual\nhas been sentenced, the circumstances of such crime, all presentence\nmemoranda, the nature of the sentence, the court in which such\nincarcerated individual was sentenced, the name of the judge and\ndistrict attorney and copies of such probation reports as may have been\nmade as well as reports as to the incarcerated individual's social,\nphysical, mental and psychiatric condition and history;\n 3. have the legal custody of persons conditionally released and placed\nunder the supervision of the local probation department for a period of\none year, or until returned to the custody of the local correctional\nfacility located in the jurisdiction of the commission, as the case may\nbe;\n 4. have the power to revoke the conditional release of any person in\nthe legal custody of the commission and to issue declarations of\ndelinquency and authorize the issuance of a warrant for the retaking of\nsuch person, as provided for in section two hundred seventy-four of this\narticle;\n 5. for the purpose of any investigation necessary in the performance\nof its duties, have the power to issue subpoenas, to compel the\nattendance of witnesses and the production of books, papers, and other\ndocuments pertinent to the subject of its inquiry. The minutes of all\ncommission meetings must be recorded and such records shall be retained\naccording to applicable standards;\n 6. have the power to authorize any members thereof to administer oaths\nand take the testimony of persons under oath;\n 7. notify, in writing, the initial sentencing court, the district\nattorney and defense counsel within five business days of receipt of an\napplication for a local conditional release filed under this article and\nprovide a fifteen day period for comment on such application. Comments\nsubmitted under this subdivision shall be provided to the commission and\nall parties;\n 8. notify in writing the appropriate local probation department prior\nto release of a conditionally released person of such department's\nresponsibilities to supervise such person;\n Such notice shall include the name and residence of the person, the\ndate of release, the conditions of release, and all necessary records\nmaintained on such person to aid the local probation department in the\nperformance of its responsibilities pursuant to subdivision six of\nsection two hundred fifty-six of the executive law;\n 9. have the power to transfer the legal custody of persons\nconditionally released in accordance with the provisions of section two\nhundred seventy-five of this article;\n 10. present an annual report to the county legislature, or in the case\nof the city of New York, to the city council, of its findings and\nactions on submitted applications.\n