§ 274. Conditional release; procedures for violation, delinquency,\nwarrants and revocation.
1.If at any time during the period of\nconditional release, the commission, or any member thereof, has\nreasonable cause to believe that a person who has been conditionally\nreleased has lapsed into criminal ways or company, or has violated one\nor more conditions of conditional release, the commission or such member\nmay declare such person delinquent and issue a written declaration of\ndelinquency. Upon such declaration, such commission or such member may\nissue a warrant for the retaking and temporary detention of such person.\n 2. A warrant issued pursuant to this section shall constitute\nsufficient authority to the chief administrative officer of any local\ncorrectional facility to whom i
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§ 274. Conditional release; procedures for violation, delinquency,\nwarrants and revocation. 1. If at any time during the period of\nconditional release, the commission, or any member thereof, has\nreasonable cause to believe that a person who has been conditionally\nreleased has lapsed into criminal ways or company, or has violated one\nor more conditions of conditional release, the commission or such member\nmay declare such person delinquent and issue a written declaration of\ndelinquency. Upon such declaration, such commission or such member may\nissue a warrant for the retaking and temporary detention of such person.\n 2. A warrant issued pursuant to this section shall constitute\nsufficient authority to the chief administrative officer of any local\ncorrectional facility to whom it is delivered to hold in temporary\ndetention the person named therein.\n 3. A warrant issued pursuant to this section may be executed by any\nprobation officer or any officer authorized to serve criminal process or\nany peace officer, who is acting pursuant to his or her special duties,\nor any police officer. Any such officer to whom such warrant shall be\ndelivered is authorized and required to execute such warrant by taking\nsuch person and having him or her detained as provided for in this\nsection.\n 4. The alleged violator shall, within five days of the execution of\nthe warrant, be given written notice of the time, place and purpose of\nthe hearing. The notice shall state what conditions of conditional\nrelease are alleged to have been violated and in what manner and shall\ninform the alleged violator of his or her right to counsel as provided\nfor in subdivision seven of this section.\n 5. The alleged conditional release violator shall appear before the\ncommission within twenty days of the execution of the warrant. At the\ntime of such appearance the commission shall ask the alleged violator\nwhether he or she wishes to make any statement with respect to the\nviolation. If the alleged violator makes a statement, the commission may\naccept it and base a decision thereon. If the commission does not accept\nit, or if the alleged violator does not make a statement, the commission\nshall proceed with the hearing.\n 6. The commission may receive any relevant evidence. The alleged\nviolator may cross examine witnesses and may present evidence on his or\nher own behalf.\n 7. The alleged violator is entitled to counsel at all stages of any\nproceeding under this section and the commission shall advise him or her\nof such right upon delivering to the alleged violator written notice,\nrequired pursuant to subdivision four of this section.\n 8. At the conclusion of the hearing, the commission shall issue a\nfinding. If the commission is not satisfied that there is a\npreponderance of evidence in support of the violation, the commission\nshall dismiss the violation, cancel delinquency and restore the person\nto supervision. If the commission is satisfied that there is a\npreponderance of evidence that the alleged violator violated one or more\nconditions of conditional release in an important respect, the\ncommission shall so find.\n 9. Upon a finding in support of the violation, the commission may\nrevoke the conditional release, or continue or modify the conditions of\nsuch conditional release. Where the commission revokes a person's\nconditional release, such person shall be committed to the custody of\nthe chief administrative officer of the local correctional facility to\nserve the time remaining on his or her sentence, in accordance with\nsubdivision three of section 70.40 of the penal law. Where the\ncommission modifies the conditions of the conditional release, the\ncommission shall inform the person, in writing, of such modified\nconditions.\n 10. Any actions by the commission pursuant to this article shall be\ndeemed a judicial function and shall not be reviewable if done in\naccordance with law.\n * 11. The commission, or any member thereof, shall not determine that\na person who has been conditionally released has lapsed into criminal\nways or company, or has violated one or more conditions of conditional\nrelease because such person engages in bona fide work for an employer,\nincluding travel time to or from bona fide work, during curfew times set\nby conditions of conditional release. For purposes of this section, bona\nfide work is work performed as an employee for an employer, as defined\nin section two of the labor law.\n * NB There are 2 sb 11's\n * 11. The commission, or any member thereof, shall not determine that\na person who has been conditionally released has lapsed into criminal\nways or company, or has violated one or more conditions of conditional\nrelease because such person participated in work related labor protests,\nor in a lawful labor dispute, strike or other concerted stoppage of work\nor slowdown pursuant to article twenty of the labor law or the national\nlabor relations act (29 U.S.C. sections 151 et. seq.).\n * NB There are 2 sb 11's\n