§ 273 — Conditional release; procedures for application and determinations

§ 273. Conditional release; procedures for application and\ndeterminations. 1. Any incarcerated individual who is eligible for\nconditional release by a commission pursuant to subdivision two of\nsection 70.40 of the penal law and who has served a minimum period of\nsixty days in a local correctional facility may apply for conditional\nrelease. Eligibility criteria shall be limited to incarcerated\nindividuals:\n (a) who have not been previously convicted and who do not stand\nconvicted of any crime which would make such incarcerated individual\nineligible for the receipt of merit time pursuant to section eight\nhundred three of this chapter, any crime pursuant to article two hundred\nthirty-five of the penal law when the victim of such offense was under\nthe age of eighteen at the time of the offense, or any crime which the\ncommission determines constituted a crime of domestic violence;\n (b) having jail records which make them eligible for a reduction of\nsentence under section eight hundred four of this chapter;\n (c) having verified community ties in one of the following areas:\nemployment, permanent residence and family.\n Application shall be made in writing, on forms prescribed by the\ndivision, to the commission in the county where the sentence was\nimposed.\n 2. The commission shall review and make a determination on each\napplication within thirty days of receipt of such application. No\ndetermination granting or denying such application shall be valid unless\nmade by a majority vote of at least three commission members present. No\nrelease shall be granted unless there is a reasonable probability that,\nif such incarcerated individual is released, he or she shall live and\nremain at liberty without violating the law, and that his or her release\nis not incompatible with the welfare of society and shall not so\ndeprecate the seriousness of his or her crime as to undermine respect\nfor law.\n 3. If conditional release is granted, the commission shall set the\nconditions for release of the person in accordance with rules and\nregulations promulgated by the division. Such person shall be given a\ncopy of the conditions of release. Such conditions shall, where\nappropriate, include a requirement that the person comply with any\nrestitution order previously imposed by a court of competent\njurisdiction that applies to the person.\n 4. No person who has been granted conditional release shall be\nreleased until such person has served a minimum period of incarceration\nof ninety days, in accordance with subdivision two of section 70.40 of\nthe penal law, and unless such person has agreed in writing to the\nconditions set by the commission. Such agreement shall state in plain,\neasily understandable language the consequences of a violation of one or\nmore of the conditions of release.\n 5. Persons who have been granted conditional release by the commission\nestablished pursuant to this article shall, while on conditional\nrelease, be in the legal custody of the commission for a period of one\nyear, or until returned to the custody of the local correctional\nfacility located in the jurisdiction of the commission, as the case may\nbe. The probation department located in the jurisdiction of the\ncommission has the duty of supervising the person during the period of\nsuch conditional release. The commission shall impose a minimum of four\nsupervision contacts per month while the person is on conditional\nrelease, unless the commission determines that fewer contacts are\nappropriate in any individual case.\n 6. If conditional release is not granted, the commission shall inform\nthe person in writing of the factors and reasons for such denial of\nconditional release within fifteen days of the decision. Such reasons\nshall be given in detail and not in conclusory terms. Incarcerated\nindividuals denied conditional release are eligible to reapply sixty\ndays after the date of the denial.\n