§ 259-I — Procedures for the conduct of the work of the state board of parole

§ 259-i. Procedures for the conduct of the work of the state board of\nparole.\n 2. Parole. * (a) (i) Except as provided in subparagraph (ii) of this\nparagraph, at least one month prior to the date on which an incarcerated\nindividual may be paroled pursuant to subdivision one of section 70.40\nof the penal law, a member or members as determined by the rules of the\nboard shall personally interview such incarcerated individual and\ndetermine whether he or she should be paroled in accordance with the\nguidelines adopted pursuant to subdivision four of section two hundred\nfifty-nine-c of this article. If parole is not granted upon such review,\nthe incarcerated individual shall be informed in writing within two\nweeks of such appearance of the factors and reasons for such denial of\nparole. Such reasons shall be given in detail and not in conclusory\nterms. The board shall specify a date not more than twenty-four months\nfrom such determination for reconsideration, and the procedures to be\nfollowed upon reconsideration shall be the same. If the incarcerated\nindividual is released, he or she shall be given a copy of the\nconditions of parole. Such conditions shall where appropriate, include a\nrequirement that the parolee comply with any restitution order,\nmandatory surcharge, sex offender registration fee and DNA databank fee\npreviously imposed by a court of competent jurisdiction that applies to\nthe parolee. The conditions shall indicate which restitution collection\nagency established under subdivision eight of section 420.10 of the\ncriminal procedure law, shall be responsible for collection of\nrestitution, mandatory surcharge, sex offender registration fees and DNA\ndatabank fees as provided for in section 60.35 of the penal law and\nsection eighteen hundred nine of the vehicle and traffic law. If the\nincarcerated individual is released, he or she shall also be notified in\nwriting that his or her voting rights will be restored upon release.\n (ii) Any incarcerated individual who is scheduled for presumptive\nrelease pursuant to section eight hundred six of the correction law\nshall not appear before the board as provided in subparagraph (i) of\nthis paragraph unless such incarcerated individual's scheduled\npresumptive release is forfeited, canceled, or rescinded subsequently as\nprovided in such law. In such event, the incarcerated individual shall\nappear before the board for release consideration as provided in\nsubparagraph (i) of this paragraph as soon thereafter as is practicable.\n * NB Effective until September 1, 2027\n * (a) At least one month prior to the expiration of the minimum period\nor periods of imprisonment fixed by the court or board, a member or\nmembers as determined by the rules of the board shall personally\ninterview an incarcerated individual serving an indeterminate sentence\nand determine whether he or she should be paroled at the expiration of\nthe minimum period or periods in accordance with the procedures adopted\npursuant to subdivision four of section two hundred fifty-nine-c of this\narticle. If parole is not granted upon such review, the incarcerated\nindividual shall be informed in writing within two weeks of such\nappearance of the factors and reasons for such denial of parole. Such\nreasons shall be given in detail and not in conclusory terms. The board\nshall specify a date not more than twenty-four months from such\ndetermination for reconsideration, and the procedures to be followed\nupon reconsideration shall be the same. If the incarcerated individual\nis released, he or she shall be given a copy of the conditions of\nparole. Such conditions shall where appropriate, include a requirement\nthat the parolee comply with any restitution order and mandatory\nsurcharge previously imposed by a court of competent jurisdiction that\napplies to the parolee. The conditions shall indicate which restitution\ncollection agency established under subdivision eight of section 420.10\nof the criminal procedure law, shall be responsible for collection of\nrestitution and mandatory surcharge as provided for in section 60.35 of\nthe penal law and section eighteen hundred nine of the vehicle and\ntraffic law. If the incarcerated individual is released, he or she shall\nalso be notified in writing that his or her voting rights will be\nrestored upon release.\n * NB Effective September 1, 2027\n (b) Persons presumptively released, paroled, conditionally released or\nreleased to post-release supervision from an institution under the\njurisdiction of the department, the department of mental hygiene or the\noffice of children and family services shall, while on presumptive\nrelease, parole, conditional release or post-release supervision, be in\nthe legal custody of the department until expiration of the maximum term\nor period of sentence, or expiration of the period of supervision,\nincluding any period of post-release supervision, or return to\nimprisonment in the custody of the department, as the case may be.\n (c) (A) Discretionary release on parole shall not be granted merely as\na reward for good conduct or efficient performance of duties while\nconfined but after considering if there is a reasonable probability\nthat, if such incarcerated individual is released, he or she will live\nand remain at liberty without violating the law, and that his or her\nrelease is not incompatible with the welfare of society and will not so\ndeprecate the seriousness of his or her crime as to undermine respect\nfor law. In making the parole release decision, the procedures adopted\npursuant to subdivision four of section two hundred fifty-nine-c of this\narticle shall require that the following be considered: (i) the\ninstitutional record including program goals and accomplishments,\nacademic achievements, vocational education, training or work\nassignments, therapy and interactions with staff and incarcerated\nindividuals; (ii) performance, if any, as a participant in a temporary\nrelease program; (iii) release plans including community resources,\nemployment, education and training and support services available to the\nincarcerated individual; (iv) any deportation order issued by the\nfederal government against the incarcerated individual while in the\ncustody of the department and any recommendation regarding deportation\nmade by the commissioner of the department pursuant to section one\nhundred forty-seven of the correction law; (v) any current or prior\nstatement made to the board by the crime victim or the victim's\nrepresentative, where the crime victim is deceased or is mentally or\nphysically incapacitated; (vi) the length of the determinate sentence to\nwhich the incarcerated individual would be subject had he or she\nreceived a sentence pursuant to section 70.70 or section 70.71 of the\npenal law for a felony defined in article two hundred twenty or article\ntwo hundred twenty-one of the penal law; (vii) the seriousness of the\noffense with due consideration to the type of sentence, length of\nsentence and recommendations of the sentencing court, the district\nattorney, the attorney for the incarcerated individual, the pre-sentence\nprobation report as well as consideration of any mitigating and\naggravating factors, and activities following arrest prior to\nconfinement; and (viii) prior criminal record, including the nature and\npattern of offenses, adjustment to any previous probation or parole\nsupervision and institutional confinement. The board shall provide toll\nfree telephone access for crime victims. In the case of an oral\nstatement made in accordance with subdivision one of section 440.50 of\nthe criminal procedure law, the parole board member shall present a\nwritten report of the statement to the parole board. A crime victim's\nrepresentative shall mean the crime victim's closest surviving relative,\nthe committee or guardian of such person, or the legal representative of\nany such person. Such statement submitted by the victim or victim's\nrepresentative may include information concerning threatening or\nintimidating conduct toward the victim, the victim's representative, or\nthe victim's family, made by the person sentenced and occurring after\nthe sentencing. Such information may include, but need not be limited\nto, the threatening or intimidating conduct of any other person who or\nwhich is directed by the person sentenced. Any statement by a victim or\nthe victim's representative made to the board shall be maintained by the\ndepartment in the file provided to the board when interviewing the\nincarcerated individual in consideration of release. A victim or\nvictim's representative who has submitted a written request to the\ndepartment for the transcript of such interview shall be provided such\ntranscript as soon as it becomes available.\n (B) Where a crime victim or victim's representative as defined in\nsubparagraph (A) of this paragraph, or other person submits to the\nparole board a written statement concerning the release of an\nincarcerated individual, the parole board shall keep that individual's\nname and address confidential.\n (d) (i) Notwithstanding the provisions of paragraphs (a), (b) and (c)\nof this subdivision, after the incarcerated individual has served his or\nher minimum period of imprisonment imposed by the court, or at any time\nafter the incarcerated individual's period of imprisonment has commenced\nfor an incarcerated individual serving a determinate or indeterminate\nterm of imprisonment, provided that the incarcerated individual has had\na final order of deportation issued against him or her and provided\nfurther that the incarcerated individual is not convicted of either an\nA-I felony offense other than an A-I felony offense as defined in\narticle two hundred twenty of the penal law or a violent felony offense\nas defined in section 70.02 of the penal law, if the incarcerated\nindividual is subject to deportation by the United States Bureau of\nImmigration and Customs Enforcement, in addition to the criteria set\nforth in paragraph (c) of this subdivision, the board may consider, as a\nfactor warranting earlier release, the fact that such incarcerated\nindividual will be deported, and may grant parole from an indeterminate\nsentence or release for deportation from a determinate sentence to such\nincarcerated individual conditioned specifically on his or her prompt\ndeportation. The board may make such conditional grant of early parole\nfrom an indeterminate sentence or release for deportation from a\ndeterminate sentence only where it has received from the United States\nBureau of Immigration and Customs Enforcement assurance (A) that an\norder of deportation will be executed or that proceedings will promptly\nbe commenced for the purpose of deportation upon release of the\nincarcerated individual from the custody of the department of\ncorrectional services, and (B) that the incarcerated individual, if\ngranted parole or release for deportation pursuant to this paragraph,\nwill not be released from the custody of the United States Bureau of\nImmigration and Customs Enforcement, unless such release be as a result\nof deportation without providing the board a reasonable opportunity to\narrange for execution of its warrant for the retaking of such person.\n (ii) An incarcerated individual who has been granted parole from an\nindeterminate sentence or release for deportation from a determinate\nsentence pursuant to this paragraph shall be delivered to the custody of\nthe United States Bureau of Immigration and Customs Enforcement along\nwith the board's warrant for his or her retaking to be executed in the\nevent of his release from such custody other than by deportation. In the\nevent that such person is not deported, the board shall execute the\nwarrant, effect his return to imprisonment in the custody of the\ndepartment and within sixty days after such return, provided that the\nperson is serving an indeterminate sentence and the minimum period of\nimprisonment has been served, personally interview him or her to\ndetermine whether he or she should be paroled in accordance with the\nprovisions of paragraphs (a), (b) and (c) of this subdivision. The\nreturn of a person granted parole from an indeterminate sentence or\nrelease for deportation from a determinate sentence pursuant to this\nparagraph for the reason set forth herein shall not be deemed to be a\nparole delinquency and the interruptions specified in subdivision three\nof section 70.40 of the penal law shall not apply, but the time spent in\nthe custody of the United States Bureau of Immigration and Customs\nEnforcement shall be credited against the term of the sentence in\naccordance with the rules specified in paragraph (c) of that\nsubdivision. Notwithstanding any other provision of law, any\nincarcerated individual granted parole from an indeterminate sentence or\nrelease for deportation from a determinate sentence pursuant to this\nparagraph who is subsequently committed to imprisonment in the custody\nof the department for a felony offense committed after release pursuant\nto this paragraph shall have his parole eligibility date on the\nindeterminate sentence for the new felony offense, or his or her\nconditional release date on the determinate sentence for the new felony\noffense, as the case may be, extended by the amount of time between the\ndate on which such incarcerated individual was released from\nimprisonment in the custody of the department pursuant to this paragraph\nand the date on which such incarcerated individual would otherwise have\ncompleted service of the minimum period of imprisonment on the prior\nfelony offense.\n (e) Notwithstanding the requirements of paragraph (a) of this\nsubdivision, the determination to parole an incarcerated individual who\nhas successfully completed the shock incarceration program pursuant to\nsection eight hundred sixty-seven of the correction law may be made\nwithout a personal interview of the incarcerated individual and shall be\nmade in accordance with procedures set forth in the rules of the board.\nIf parole is not granted, the time period for reconsideration shall not\nexceed the court imposed minimum.\n 3. Revocation of presumptive release, parole, conditional release and\npost-release supervision. (a) (i) If the parole officer having charge of\na presumptively released, paroled or conditionally released person or a\nperson released to post-release supervision or a person received under\nthe uniform act for out-of-state parolee supervision shall have probable\ncause to believe that such person has committed a technical violation,\nsuch parole officer shall report such fact to a member of the board, or\nto any officer of the department designated by the board, and thereupon\na written notice of violation may be issued according to the terms of\nsubparagraph (iii) of paragraph (c) of this subdivision, and shall be\npromptly served upon such person. If the releasee has failed to appear\nas directed in response to a notice of violation and has failed to\nappear voluntarily within forty-eight hours after such time and the\nperson would be subject to incarceration pursuant to subparagraph (xii)\nof paragraph (f) of this subdivision should the violation be sustained\nat a final revocation hearing, a warrant may be issued for the retaking\nof such person and for his temporary detention pending a recognizance\nhearing in accordance with the rules of the board. If the person has\nintentionally failed to appear as directed in response to a notice of\nviolation and has intentionally failed to appear voluntarily within\nforty-eight hours after such time and the person would not be subject to\nincarceration pursuant to paragraph (f) of this subdivision should the\nviolation be sustained at a final revocation hearing, no warrant shall\nissue and the violation shall be deemed sustained. Notice of that\ndecision shall be promptly served upon the releasee. In such case,\nwithin one month of the date the notice of decision was served upon the\nreleasee, the releasee may move to vacate such a sustained violation if\nthe releasee can show by a preponderance of the evidence that the notice\nof violation was not properly served or the failure to appear was\notherwise excusable. If the parole officer having charge of a person\nunder community supervision shall have probable cause to believe that\nsuch person has committed a non-technical violation, such parole officer\nshall report such fact to a member of the board, or to any officer of\nthe department designated by the board, and thereupon a notice of\nviolation may be issued or a warrant may be issued for the retaking of\nsuch person and for his temporary detention in accordance with the rules\nof the board. However, if a releasee has been determined to be currently\nunfit to proceed to trial or is currently subject to a temporary or\nfinal order of observation pursuant to article seven hundred thirty of\nthe criminal procedure law, no notice of violation or warrant shall be\nissued. The issuance of a notice of violation, service of a notice of\nviolation, service of a notice of decision, and the retaking and\ndetention of any person for whom a warrant has been issued pursuant to\nthis subparagraph may be further regulated by rules and regulations of\nthe department not inconsistent with this article. A warrant issued\npursuant to this section shall constitute sufficient authority to the\nsuperintendent or other person in charge of any jail, penitentiary,\nlockup or detention pen to whom it is delivered to hold in temporary\ndetention the person named therein pending a recognizance hearing\npursuant to subparagraph (iv) of this paragraph. It shall not be a\ncondition of parole nor may a notice of violation or a warrant be issued\ndue to a releasee being in the company of or fraternizing with any\nperson the releasee knows has a criminal record or knows has been\nadjudicated a youthful offender or due to conduct related to cannabis\nthat is lawful pursuant to the laws of New York.\n (ii) A warrant issued for a presumptive release, a parole, a\nconditional release or a post-release supervision violator may be\nexecuted by any parole officer or any officer authorized to serve\ncriminal process or any peace officer, who is acting pursuant to his\nspecial duties, or police officer. Any such officer to whom such warrant\nshall be delivered is authorized and required to execute such warrant by\ntaking such person and having him detained as provided in this\nparagraph.\n (iii) Where the alleged violator is detained in another state pursuant\nto such warrant and is not under parole supervision pursuant to the\nuniform act for out-of-state parolee supervision or where an alleged\nviolator under parole supervision pursuant to the uniform act for\nout-of-state parolee supervision is detained in a state other than the\nreceiving state, the warrant will not be deemed to be executed until the\nalleged violator is detained exclusively on the basis of such warrant\nand the department has received notification that the alleged violator\n(A) has formally waived extradition to this state or (B) has been\nordered extradited to this state pursuant to a judicial determination.\nThe alleged violator will not be considered to be within the convenience\nand practical control of the department until the warrant is deemed to\nbe executed.\n (iv) Notwithstanding the provisions of any other law, upon execution\nof a warrant issued pursuant to this section for any releasee alleged to\nhave committed a violation of a condition of release in an important\nrespect in the city of New York, the authorized officer shall present\nthe releasee to the criminal court of the city of New York or the\nsupreme court criminal term in the county where the violation is alleged\nto have been committed for a recognizance hearing within twenty-four\nhours of the execution of the warrant. If no such court of record is\navailable to conduct any business of any type within twenty-four hours\nof the execution of the warrant, the recognizance hearing shall commence\non the next day such a court in the jurisdiction is available to conduct\nany business of any type. For any releasee alleged to have committed a\nviolation of a condition of release in an important respect outside of\nthe city of New York, the authorized officer shall present the releasee\nto a county court, district court or city court in the county or city\nwhere the violation is alleged to have been committed for a recognizance\nhearing. If no such court of record is available to conduct any business\nof any type within twenty-four hours of the execution of the warrant,\nthe recognizance hearing shall commence on the next day such court is\navailable to conduct any business of any type.\n (v) At a recognizance hearing, the department shall have the burden of\ndemonstrating to the court that the executed warrant was properly issued\nand served pursuant to this section. The department shall be responsible\nfor presenting information to the court regarding the alleged violation\nand the releasee's community supervision record. If the alleged\nviolation is the subject of a pending criminal prosecution, the\ndepartment shall coordinate with the office of the district attorney to\nensure information regarding the alleged violation and the releasee's\ncommunity supervision record is presented to the court. At a\nrecognizance hearing, the department shall have the burden of\ndemonstrating to the court that the executed warrant was properly issued\nand served pursuant to this section. The department shall be responsible\nfor presenting information to the court regarding the alleged violation\nand the releasee's community supervision record. If the alleged\nviolation is the subject of a pending criminal prosecution, the\ndepartment shall coordinate with the office of the district attorney to\nensure information regarding the alleged violation and the releasee's\ncommunity supervision record is presented to the court.\n (vi) At a recognizance hearing, the court shall consider all available\nevidence of the releasee's employment, family and community ties\nincluding length of residency in the community, history of reporting in\na timely fashion to a parole or supervisory officer, and other\nindicators of stability. At the conclusion of the recognizance hearing,\nthe court may order that the releasee be detained pending a preliminary\nor final revocation hearing only upon a finding that the releasee\ncurrently presents a substantial risk of willfully failing to appear at\nthe preliminary or final revocation hearings and that no non-monetary\ncondition or combination of conditions in the community will reasonably\nassure the releasee's appearance at the preliminary or final revocation\nhearing. Otherwise, the court shall release the releasee on the least\nrestrictive non-monetary conditions that will reasonably assure the\nreleasee's appearance at subsequent preliminary or revocation hearings,\nwith a presumption of release on recognizance. The court shall explain\nits decision on the record or in writing. If non-monetary conditions of\nrelease are imposed, the releasee shall not be required to pay for any\npart of the cost of such conditions.\n (vii) The alleged violator shall have a right to representation by\ncounsel at the recognizance hearing. In any case, including when a court\nis called upon to evaluate the capacity of an alleged violator to\nparticipate in a recognizance proceeding, where such person is\nfinancially unable to retain counsel, the court in which any criminal\ncase against the individual is pending, or if there is no such case\npending, the criminal court of the city of New York, the county court or\ndistrict court in the county where the violation is alleged to have\noccurred or where the hearing is to be held, shall assign counsel in\naccordance with the county or city plan for representation placed in\noperation pursuant to article eighteen-B of the county law.\n (viii) If the violation charge involves conduct that would constitute\na new felony or misdemeanor offense, such recognizance hearing may be\nheld at the same time as a proceeding pursuant to article five hundred\nthirty of the criminal procedure law for any warrants issued by the\ndepartment prior to such proceeding. If at the proceeding pursuant to\narticle five hundred thirty of the criminal procedure law the court\nimposes bail on the new alleged criminal offense or commits the releasee\nto the custody of the sheriff pursuant to article five hundred thirty of\nthe criminal procedure law and the releasee secures release by paying\nbail or under non-monetary conditions or by operation of law, then the\nreleasee shall not be detained further based solely on the warrant\nissued by the department. If the department issues a warrant for a\nnon-technical violation for alleged criminal conduct that has already\nbeen the subject of a court's order pursuant to article five hundred\nthirty of the criminal procedure law, then within twenty-four hours of\nexecution of the warrant the releasee shall be provided a recognizance\nhearing pursuant to this subparagraph, provided, however, that if no\ncourt as defined in subparagraph (iv) of this paragraph is available to\nconduct any business of any type within twenty-four hours of the\nexecution of the warrant, then the recognizance hearing shall commence\non the next day such court is available to conduct any business of any\ntype.\n (b) A person who shall have been taken into custody pursuant to this\nsubdivision for violation of one or more conditions of presumptive\nrelease, parole, conditional release or post-release supervision shall,\ninsofar as practicable, be incarcerated in the county or city in which\nthe arrest occurred.\n (c) (i) (A) For any alleged technical violation for which a notice of\nviolation was issued or a person was released on recognizance pursuant\nto subparagraph (iv) of paragraph (a) of this subdivision, the\ndepartment shall within ten days of the issuance of the notice of\nviolation or the order of release on recognizance afford the person a\npreliminary revocation hearing before a hearing officer designated by\nthe department. Such hearing officer shall not have had any prior\nsupervisory involvement over the alleged violator. Such hearing shall\nnot be held at a correctional facility, detention center or local\ncorrectional facility. The hearing shall be scheduled and held in a\ncourthouse, in cooperation with the chief administrator of the courts\nand the chief administrator's designees, provided, however, that if such\na courthouse is not reasonably available for such hearing, the\ndepartment may designate a suitable office or other similar facility\nthat is not a correctional facility, detention center or local\ncorrectional facility for such hearing.\n (B) For any alleged violation for which a court issued an order\ndetaining a person, within five days of the issuance of such order to\ndetain or execution of a warrant for the violation, the department shall\nafford such person a preliminary hearing before a hearing officer\ndesignated by the department. Such hearing officer shall not have had\nany prior supervisory involvement over the alleged violator. For any\nalleged violation for which a person was released on recognizance,\nwithin ten days of the issuance of the order of release on recognizance,\nthe department shall afford such person a preliminary revocation\nhearing.\n (ii) The preliminary presumptive release, parole, conditional release\nor post-release supervision revocation hearing shall be scheduled and\nheld in a courthouse, in cooperation with the chief administrator of the\ncourts and the chief administrator's designees, provided, however, that\nif such a courthouse is not reasonably available for such hearing, the\ndepartment may designate a suitable office or other similar facility\nthat is not a correctional facility, detention center or local\ncorrectional facility for such hearing.\n (iii) The alleged violator shall, at the time a notice of violation is\nissued or at the time of a recognizance hearing, be given written notice\nof the time, place and purpose of the preliminary hearing, or if no\npreliminary hearing is required pursuant to this section, of the final\nrevocation hearing. The notice shall state what conditions of community\nsupervision are alleged to have been violated, and in what manner; that\nsuch person shall have the right to appear and speak in his or her own\nbehalf; that he or she shall have the right to introduce letters and\ndocuments; that he or she may present witnesses who can give relevant\ninformation to the hearing officer; that he or she has the right to\nconfront the witnesses against him or her; that such person shall have\nthe right to representation by counsel at any preliminary and final\nrevocation hearings; and the name and contact details for institutional\ndefenders or assigned private counsel, as applicable. Adverse witnesses\nmay be compelled to attend the preliminary hearing unless the prisoner\nhas been convicted of a new crime while on supervision or unless the\nhearing officer finds good cause for their non-attendance. As far as\npracticable or feasible, any additional documents having been collected\nor prepared that are relevant to the charge shall be delivered to the\nalleged violator.\n (iv) The standard of proof at the preliminary hearing shall be a\npreponderance of the evidence to believe that the releasee has violated\none or more conditions of his or her community supervision in an\nimportant respect. Proof of conviction of a crime committed while under\nsupervision shall constitute prima facie evidence of a violation of a\ncondition of community supervision for the purposes of this\nsubparagraph.\n (v) At the preliminary hearing, the hearing officer shall review the\nviolation charges with the alleged violator, direct the presentation of\nevidence concerning the alleged violation, receive the statements of\nwitnesses and documentary evidence on behalf of the prisoner, and allow\ncross examination of those witnesses in attendance.\n (vi) At the conclusion of the preliminary hearing, the hearing officer\nshall inform the alleged violator of his or her decision as to whether\nthere is probable cause to believe that the presumptive releasee,\nparolee, conditional releasee or person on post-release supervision has\nviolated one or more conditions of his or her release in an important\nrespect. Based solely on the evidence adduced at the hearing, the\nhearing officer shall determine whether there is probable cause to\nbelieve that such person has violated his or her presumptive release,\nparole, conditional release or post-release supervision in an important\nrespect. The hearing officer shall in writing state the reasons for his\nor her determination and the evidence relied on. A copy of the written\nfindings shall be sent to both the alleged violator and his or her\ncounsel.\n (vii) If the hearing officer is satisfied that there is no probable\ncause to believe that such person has violated one or more conditions of\nrelease in an important respect, he or she shall dismiss the notice of\nviolation and direct such person be restored to supervision.\n (viii) If the hearing officer is satisfied that there is probable\ncause to believe that such person has violated one or more conditions of\nrelease in an important respect, he or she shall so find.\n (ix) If the hearing officer finds by a preponderance of the evidence\nthat such person has violated one or more conditions of community\nsupervision in an important respect, the releasee shall, at the\nconclusion of the preliminary hearing be given written notice of the\ntime, place and purpose of the final revocation hearing. The notice\nshall state what conditions of community supervision are alleged to have\nbeen violated, when, where and in what manner; that such person shall\nhave the right to representation by counsel at any final revocation\nhearing; that such person shall have the right to appear and speak in\nhis or her own behalf; that he or she shall have the right to introduce\nletters and documents; that he or she may present witnesses who can give\nrelevant information to the hearing officer; that he or she has the\nright to confront the witnesses against him or her; and the name and\ncontact details for institutional defenders or assigned private counsel,\nas applicable. Any additional documents having been collected or\nprepared that support the charges shall be delivered to the releasee.\nAdverse witnesses may be compelled to attend the final revocation\nhearing unless the prisoner has been convicted of a new crime while on\nsupervision or unless the hearing officer finds good cause for their\nnon-attendance.\n (x) The alleged violator shall have a right to representation by\ncounsel at the preliminary hearing. In any case, including when a court\nis called upon to evaluate the capacity of an alleged violator in a\npreliminary proceeding, where such person is financially unable to\nretain counsel, the criminal court of the city of New York, the county\ncourt or district court in the county where the violation is alleged to\nhave occurred or where the hearing is held, shall assign counsel in\naccordance with the county or city plan for representation placed in\noperation pursuant to article eighteen-B of the county law.\n * (d) If a finding of probable cause is made pursuant to this\nsubdivision either by a determination at a preliminary hearing or by the\nwaiver thereof, or if the releasee has been convicted of a new crime\nwhile under presumptive release, parole, conditional release or\npost-release supervision, the board's rules shall provide for (i)\ndeclaring such person to be delinquent as soon as practicable and shall\nrequire reasonable and appropriate action to make a final determination\nwith respect to the alleged violation or (ii) ordering such person to be\nrestored to presumptive release, parole, conditional release or\npost-release supervision under such circumstances as it may deem\nappropriate or (iii) when a presumptive releasee, parolee, conditional\nreleasee or person on post-release supervision has been convicted of a\nnew felony committed while under such supervision and a new\nindeterminate or determinate sentence has been imposed, the board's\nrules shall provide for a final declaration of delinquency. The\nincarcerated individual shall then be notified in writing that his or\nher release has been revoked on the basis of the new conviction and a\ncopy of the commitment shall accompany said notification. The\nincarcerated individual's next appearance before the board shall be\ngoverned by the legal requirements of said new indeterminate or\ndeterminate sentence, or shall occur as soon after a final reversal of\nthe conviction as is practicable.\n * NB Effective until September 1, 2027\n * (d) If a finding of probable cause is made pursuant to this\nsubdivision either by determination at a preliminary hearing or by the\nwaiver thereof, or if the releasee has been convicted of a new crime\nwhile under his present parole or conditional release supervision, the\nboard's rules shall provide for (i) declaring such person to be\ndelinquent as soon as practicable and shall require reasonable and\nappropriate action to make a final determination with respect to the\nalleged violation or (ii) ordering such person to be restored to parole\nsupervision under such circumstances as it may deem appropriate or (iii)\nwhen a parolee or conditional releasee has been convicted of a new\nfelony committed while under his or her present parole or conditional\nrelease supervision and a new indeterminate sentence has been imposed,\nthe board's rules shall provide for a final declaration of delinquency.\nThe incarcerated individual shall then be notified in writing that his\nor her release has been revoked on the basis of the new conviction and a\ncopy of the commitment shall accompany said notification. The\nincarcerated individual's next appearance before the board shall be\ngoverned by the legal requirements of said new indeterminate sentence,\nor shall occur as soon after a final reversal of the conviction as is\npracticable.\n * NB Effective September 1, 2027\n (e) (i) If the alleged violator requests a local revocation hearing,\nhe or she shall be given a revocation hearing reasonably near the place\nof the alleged violation or arrest if he or she has not been convicted\nof a crime committed while under supervision. However, the board may, on\nits own motion, designate a case for a local revocation hearing.\n (ii) If there are two or more alleged violations, the hearing may be\nconducted near the place of the violation chiefly relied upon as a basis\nfor the issuance of the warrant as determined by the board.\n (iii) If a local revocation hearing is not ordered pursuant to\nsubparagraph (i) of this paragraph the alleged violator shall be given a\nrevocation hearing upon his or her return to a state correctional\nfacility.\n (f) (i) For any releasee charged with a violation at a preliminary\nhearing:\n (A) If a court issued an order detaining a person after a finding by a\npreponderance of the evidence that such person committed a violation\nthen within thirty days of the finding by a preponderance of the\nevidence determination at the preliminary hearing, the department shall\nafford such person a final revocation hearing in person before a hearing\nofficer designated by the department. Such hearing officer shall not\nhave had any prior supervisory involvement over the alleged violator.\n (B) (1) If a notice of violation was issued or such person was\nreleased on recognizance the department shall within forty-five days of\nthe issuance of the notice of violation or the order of release on\nrecognizance afford the person a final revocation hearing before a\nhearing officer designated by the department. Such hearing officer shall\nnot have had any prior supervisory involvement over the alleged\nviolator.\n (2) The final revocation hearing shall not be held at a correctional\nfacility, detention center or local correctional facility. Such hearing\nshall be scheduled and held in a courthouse, in cooperation with the\nchief administrator of the courts and the chief administrator's\ndesignees, provided, however, that if such a courthouse is not\nreasonably available for such hearing, the department may designate a\nsuitable office or other similar facility that is not a correctional\nfacility, detention center or local correctional facility for such\nhearing.\n (3) The department shall have six months from the date of the\neffective date of the chapter of the laws of two thousand twenty-one\nthat amended this paragraph to begin to hold such hearings at allowable\nlocations.\n (C) However, if an alleged violator requests and receives any\npostponement of his or her revocation hearing, or consents to a\npostponed revocation proceeding initiated by the board, or if an alleged\nviolator, by his actions otherwise precludes the prompt conduct of such\nproceedings, the time limit may be extended.\n (ii) The revocation hearing shall be conducted by a presiding officer\nwho may be a member or a hearing officer designated by the board in\naccordance with rules of the board.\n (iii) Both the alleged violator and an attorney who has filed a notice\nof appearance on his or her behalf in accordance with the rules of the\nboard of parole shall be given written notice of the date, place and\ntime of the hearing pursuant to subparagraph (ix) of paragraph (c) of\nthis subdivision.\n (iv) The alleged violator shall be given written notice of the rights\nenumerated in subparagraph (iii) of paragraph (c) of this subdivision as\nwell as of his or her right to present mitigating evidence relevant to\nrestoration to presumptive release, parole, conditional release or\npost-release supervision and his or her right to counsel.\n (v) The alleged violator shall have a right to representation by\ncounsel at the revocation hearing. In any case, including when a\nsuperior court is called upon to evaluate the capacity of an alleged\nviolator in a revocation proceeding, where such person is financially\nunable to retain counsel, the criminal court of the city of New York,\nthe county court or district court in the county where the violation is\nalleged to have occurred or where the hearing is held, shall assign\ncounsel in accordance with the county or city plan for representation\nplaced in operation pursuant to article eighteen-B of the county law. He\nor she shall have the right to confront and cross-examine adverse\nwitnesses, unless there is good cause for their non-attendance as\ndetermined by the presiding officer; present witnesses and documentary\nevidence in defense of the charges; and present witnesses and\ndocumentary evidence relevant to the question whether reincarceration of\nthe alleged violator is appropriate.\n (vi) At the revocation hearing, the charges shall be read and the\nalleged violator shall be permitted to plead not guilty, guilty, guilty\nwith explanation or to stand mute. As to each charge, evidence shall be\nintroduced through witnesses and documents, if any, in support of that\ncharge. At the conclusion of each witness's direct testimony, he or she\nshall be made available for cross-examination. If the alleged violator\nintends to present a defense to the charges or to present evidence of\nmitigating circumstances, the alleged violator shall do so after\npresentation of all the evidence in support of a violation of\npresumptive release, parole, conditional release or post-release\nsupervision.\n (vii) All persons giving evidence at the revocation hearing shall be\nsworn before giving any testimony as provided by law.\n (viii) At the conclusion of the hearing the presiding officer may\nsustain any or all of the violation charges or may dismiss any or all\nviolation charges. He or she may sustain a violation charge only if the\ncharge is supported by clear and convincing evidence. Conduct that\nformed the basis of an arrest shall not form a basis of a sustained\nparole violation if a court has adjudicated the matter with an\nacquittal, adjournment in contemplation of dismissal, or violation.\n (ix) If the presiding officer is not satisfied that there is clear and\nconvincing evidence in support of the violation, he or she shall dismiss\nthe violation, cancel the delinquency and restore the person to\npresumptive release, parole, conditional release or post-release\nsupervision.\n (x) If the presiding officer is satisfied that there is clear and\nconvincing evidence that the alleged violator violated one or more\nconditions of release in an important respect, he or she shall so find.\nFor each sustained technical violation the presiding officer shall\ndirect that no earned time credits shall be awarded for the thirty day\nperiod commencing from the date of the sustained violation. For any\nabsconding violation found, the presiding officer shall direct that no\nearned time credits shall be awarded for the entire time period during\nwhich a releasee was found to have absconded from supervision.\n (xi) Incarceration shall not be imposed for any technical violation,\nexcept as provided in subparagraph (xii) of this paragraph.\n (xii) For each violation found, the presiding officer may (A) direct\nthat the releasee be restored to supervision; (B) as an alternative to\nreincarceration, direct the releasee receive re-entry services in the\ncommunity from qualified nonprofit agencies; or (C) direct the\nviolator's reincarceration and for non-technical violations fix a date\nfor consideration by the board for re-release on presumptive release, or\nparole or conditional release, as the case may be; or (D) for\nnon-technical violations in the case of persons released to a period of\npost-release supervision, direct the violator's reincarceration up to\nthe balance of the remaining period of post-release supervision, not to\nexceed five years; provided, however, that a defendant serving a term of\npost-release supervision for a conviction of a felony sex offense\ndefined in section 70.80 of the penal law may be subject to a further\nperiod of imprisonment up to the balance of the remaining period of\npost-release supervision, shall apply for technical violations; and the\nfollowing limitations:\n (1) Absconding. For absconding up to seven days reincarceration may be\nimposed for the first violation, up to fifteen days reincarceration may\nbe imposed for the second violation, and up to thirty days\nreincarceration may be imposed for the third or any subsequent\nviolation;\n (2) Sanctions for certain technical violations. Reincarceration shall\nnot be imposed for a sustained technical violation that involves: (a)\nviolating curfew; (b) alcohol use, provided however that incarceration\nis permissible for alcohol use if the person is subject to community\nsupervision due to a conviction for driving under the influence of\nalcohol; (c) drug use, provided, however incarceration is permissible\nfor drug use if the person is subject to community supervision due to a\nconviction for driving under the influence of drugs; (d) failing to\nnotify parole officer of a change in employment or program status; (e)\nfailing to pay surcharges and fees; (f) obtaining a driver's license or\ndriving a car with a valid driver's license, provided however\nincarceration is permissible if either action is explicitly prohibited\nby the person's conviction; (g) failing to notify community supervision\nofficer of contact with any law enforcement agency, provided however,\nincarceration is permissible if the person intended to hide illegal\nbehavior; (h) failing to obey other special conditions, provided however\nthat incarceration is permissible if the failure cannot be addressed in\nthe community and all reasonable community-based means to address the\nfailure have been exhausted; and\n (3) Sanctions for all other technical violations. For all other\ntechnical violations, no period of reincarceration may be imposed for\nthe first and second substantiated technical violations for which\nincarceration may be imposed; up to seven days reincarceration may be\nimposed for the third substantiated technical violation for which\nincarceration may be imposed; up to fifteen days reincarceration may be\nimposed for the fourth substantiated technical violation for which\nincarceration may be imposed; up to thirty days reincarceration may be\nimposed for the fifth and subsequent substantiated technical violations\nfor which incarceration may be imposed.\n (xiii) If a warrant was executed pursuant to subparagraph (iv) of\nparagraph (a) of this subdivision by a criminal court and the court\nreleased the person pending a preliminary or final revocation hearing,\nany period of reincarceration imposed pursuant to this paragraph shall\nbe counted from the date of issuance of a determination after a final\nrevocation hearing that the person has violated one or more conditions\nof community supervision, and the time between execution of the warrant\nand release of the person pending a preliminary or final revocation\nhearing shall count toward any period of reincarceration imposed\npursuant to this paragraph. If a releasee is committed to the custody of\nthe sheriff pursuant to article five hundred thirty of the criminal\nprocedure law, any time the person spent confined in a correctional\nfacility or local correctional facility shall be credited toward any\nperiod of reincarceration imposed pursuant to this paragraph. In all\ncases, the presiding officer shall impose the least restrictive\nreasonable sanction. Any periods of reincarceration imposed pursuant to\nthis section shall run concurrently if more than one violation is\nsustained. If a period of reincarceration is imposed pursuant to this\nparagraph, the releasee shall be released from custody upon expiration\nof the period or the end of the releasee's period of community\nsupervision, whichever shall be sooner. For the violator serving an\nindeterminate sentence who while re-incarcerated has not been found by\nthe department to have committed a serious disciplinary infraction, such\nviolator shall be re-released on the date fixed at the revocation\nhearing. For the violator serving an indeterminate sentence who has been\nfound by the department to have committed a serious disciplinary\ninfraction while re-incarcerated, the department shall refer the\nviolator to the board for consideration for re-release to community\nsupervision. Upon such referral the board may waive the personal\ninterview between a member or members of the board and the violator to\ndetermine the suitability for re-release when the board directs that the\nviolator be re-released upon expiration of the time assessment. The\nboard shall retain the authority to suspend the date fixed for\nre-release based on the violator's commission of a serious disciplinary\ninfraction and shall in such case require a personal interview be\nconducted within a reasonable time between a panel of members of the\nboard and the violator to determine suitability for re-release. If an\ninterview is required, the board shall notify the violator in advance of\nthe date and time of such interview in accordance with the rules and\nregulations of the board.\n (xiv) If the presiding officer sustains any violations, such officer\nmust prepare a written statement, to be made available to the alleged\nviolator and his or her counsel, indicating the evidence relied upon and\nthe reasons for revoking presumptive release, parole, conditional\nrelease or post-release supervision, and for the disposition made. The\npresiding officer shall also advise the alleged violator in a written\nstatement that revocation will result in loss of the right to vote while\nhe or she is serving the remainder of his or her felony sentence in a\ncorrectional facility and that the right to vote will be restored upon\nhis or her release.\n (xv) If at any time during a revocation proceeding the alleged\nviolator, his or her counsel, or an employee of the department contends,\nor if it reasonably appears to the hearing officer, that the alleged\nviolator is an incapacitated person as that term is defined in\nsubdivision one of section 730.10 of the criminal procedure law and no\njudicial determination has been made that the alleged violator is an\nincapacitated person, the revocation proceeding shall be temporarily\nstayed until the superior court determines whether or not the person is\nfit to proceed. The matter shall be promptly referred to the superior\ncourt for determination of the alleged violator's fitness to proceed in\na manner consistent with the provisions of article seven hundred thirty\nof the criminal procedure law, provided however that the superior court\nshall immediately appoint counsel for any unrepresented alleged violator\neligible for appointed counsel under subparagraph (v) of this paragraph.\nThe court shall decide whether or not the alleged violator is\nincapacitated within thirty days of the referral from the hearing\nofficer. If the court determines that the alleged violator is not an\nincapacitated person, the court shall order that the matter be returned\nto the board of parole for continuation and disposition of the\nrevocation proceeding. If the court determines that the alleged violator\nis an incapacitated person and if no felony charges are pending against\nthe alleged violator, the court shall issue a final order of observation\ncommitting such person to the custody of the commissioner of mental\nhealth or the commissioner of developmental disabilities for care and\ntreatment in an appropriate institution in a manner consistent with\nsubdivision one of section 730.40 of the criminal procedure law. If a\nfinal order of observation has been issued pursuant to this section, the\nhearing officer shall dismiss the violation charges and such dismissal\nshall act as a bar to any further proceeding under this section against\nthe alleged violator for such violations. If felony criminal charges are\npending at any time against an alleged violator who has been referred to\nsuperior court for a fitness evaluation but before a determination of\nfitness has been made pursuant to this section, the court shall decide\nwhether or not the alleged violator is incapacitated pursuant to article\nseven hundred thirty of the criminal procedure law and the revocation\nproceeding shall be held in abeyance until such decision has been\nreached. The hearing officer shall adopt the capacity finding of the\ncourt and either terminate the revocation process if an order of\nobservation has been made by the court or proceed with the revocation\nhearing if the alleged violator has been found not to be an\nincapacitated person.\n (g) Revocation of presumptive release, parole, conditional release or\npost-release supervision shall not prevent re-parole or re-release\nprovided such re-parole or re-release is not inconsistent with any other\nprovisions of law. When there has been a revocation of the period of\npost-release supervision imposed on a felony sex offender who owes three\nyears or more on such period imposed pursuant to subdivision two-a of\nsection 70.45 of the penal law, and a time assessment of three years or\nmore has been imposed, the violator shall be reviewed by the board of\nparole and may be restored to post-release supervision only after\nserving three years of the time assessment, and only upon a\ndetermination by the board of parole made in accordance with the\nprocedures set forth in this section. Even if the hearing officer has\nimposed a time assessment of a certain number of years of three years or\nmore, the violator shall not be released at or before the expiration of\nthat time assessment unless the board authorizes such release, the\nperiod of post-release supervision expires, or release is otherwise\nauthorized by law. If a time assessment of less than three years was\nimposed upon such a defendant, the defendant shall be released upon the\nexpiration of such time assessment, unless he or she is subject to\nfurther imprisonment or confinement under any other law.\n (h) If the alleged violation is not sustained and the alleged violator\nis restored to supervision, the interruptions specified in subdivision\nthree of section 70.40 of the penal law shall not apply, but the time\nspent in custody in any state or local correctional institution shall be\ncredited against the term of the sentence in accordance with the rules\nspecified in paragraph (c) of such subdivision.\n (i) Where there is reasonable cause to believe that a presumptive\nreleasee, parolee, conditional releasee or person under post-release\nsupervision has absconded from supervision the board may declare such\nperson to be delinquent. This paragraph shall not be construed to deny\nsuch person a preliminary revocation hearing upon his retaking, nor to\nrelieve the department of any obligation it may have to exercise due\ndiligence to retake the alleged absconder, nor to relieve the parolee or\nreleasee of any obligation he may have to comply with the conditions of\nhis release.\n 4. Appeals. (a) Except for determinations made upon preliminary\nhearings upon allegations of violation of presumptive release, parole,\nconditional release or post-release supervision, all determinations made\npursuant to this section may be appealed in accordance with rules\npromulgated by the board. Any board member who participated in the\ndecision from which the appeal is taken may not participate in the\nresolution of that appeal. The rules of the board may specify a time\nwithin which any appeal shall be taken and resolved.\n (b) Upon an appeal to the board, the incarcerated individual may be\nrepresented by an attorney. Where the incarcerated individual is\nfinancially unable to provide for his or her own attorney, upon request\nan attorney shall be assigned pursuant to the provisions of subparagraph\n(v) of paragraph (f) of subdivision three of this section.\n (c) All board of parole administrative appeal findings and\nrecommendations shall be published within one hundred twenty days of the\ndetermination on a publicly accessible website that includes a\nword-searchable database. The department of corrections and community\nsupervision shall provide electronic or print copies of such findings\nand recommendations to all correctional facility law libraries on a\nquarterly basis. Copies of such individual findings and recommendations\nshall also be made available upon written request to the department of\ncorrections and community supervision. Information which would reveal\nconfidential material that may not be released pursuant to federal or\nstate law shall be redacted from any such website or findings and\nrecommendations.\n 4-a. Appeals from non-technical violation findings. (a)\nNotwithstanding the provisions of any other law, when in a violation\nproceeding brought pursuant to this section, any of the charges\nsustained by the hearing officer would constitute a misdemeanor or\nfelony if such charge were or had been brought in a criminal court, the\nreleasee may, in lieu of an administrative appeal to the board pursuant\nto subdivision four of this section, appeal such determination to the\nlowest level of the following courts serving the jurisdiction in which\nthe hearing was held or in which any such sustained conduct was alleged\nto have occurred: city court, district court, county court or supreme\ncourt; provided, however, that if any such misdemeanor or felony charge\nwas prosecuted in any city, district, county or supreme court, such\nappeal shall be filed in that court.\n (b) The appeal shall be commenced by the filing of a notice of appeal\nin the same manner as an appeal to the appellate division as set forth\nin paragraphs (a), (b), (d) and (e) of subdivision one and subdivision\nsix of section 460.10 of the criminal procedure law. Counsel shall be\nassigned to the individual, if unable to afford counsel, by the court\nbefore which the appeal is taken or is to be taken. Such court may stay\nsuch determination pending the appeal, in a manner consistent with the\nprovisions of section 460.50 of the criminal procedure law or as\notherwise authorized. Within thirty days after receiving such a notice\nof appeal, the board shall serve on the individual or counsel and file\nwith such court a transcript of the proceedings before the hearing\nofficer prepared pursuant to paragraph (a) of subdivision six of this\nsection, and copies of the documents, photographs and records considered\nby the hearing officer, and provide access to any other evidence\nconsidered by the hearing officer who made such determination.\n (c) The appeal shall be perfected in the manner set forth in section\n460.70 of the criminal procedure law, other provisions of law generally\napplicable to criminal appeals, and authorized rules implementing this\nsection promulgated by the chief administrator of the courts. The\ndepartment shall have responsibility for presenting the department's\nposition through any submissions to the court on the appeal. The\ndepartment shall coordinate with relevant district attorneys to ensure\nappropriate information may be provided to the court. The district\nattorney of the jurisdiction may appear on any such appeal without the\nnecessity of a motion or order of the court.\n (d) On such appeal, the reviewing city, district, county or supreme\ncourt shall consider de novo the issues raised by the appellant,\nincluding but not limited to the following: (a) whether any sustained\nviolation charge should have been sustained; (b) whether reduction or\ndismissal of the alleged violation charge or charges is warranted, in\naccordance with the principles set forth in section 170.40 or section\n210.40 of the criminal procedure law or otherwise; and (c) whether any\ntime assessment and other authorized sanction imposed by the hearing\nofficer should be vacated, reduced or, notwithstanding any law, rule or\nregulation to the contrary, ordered to run concurrently with any other\nsentence, time assessment, or period of reincarceration imposed.\n 5. Actions of the board. Any action by the board or by a hearing\nofficer pursuant to this article shall be deemed a judicial function and\nshall not be reviewable if done in accordance with law.\n 6. Record of proceedings. (a) (i) The board shall provide for the\nmaking of a verbatim record of each parole release interview, except\nwhere a decision is made to release the incarcerated individual to\nparole supervision, and each preliminary and final revocation hearing,\nexcept when the decision of the presiding officer after such hearings\nresult in a dismissal of all charged violations of parole, conditional\nrelease or post release supervision.\n (ii) Notwithstanding the provisions of subparagraph (i) of this\nparagraph, the board shall provide for the making of a verbatim record\nof each parole release interview in all proceedings where the\nincarcerated individual is a detained sex offender as such term is\ndefined in subdivision (g) of section 10.03 of the mental hygiene law.\nSuch record shall be provided to the office of mental health for use by\nthe multidisciplinary staff and the case review panel pursuant to\nsection 10.05 of the mental hygiene law.\n (b) The chairman of the board of parole shall maintain records of all\nparole interviews and hearings for a period of twenty-five years from\nthe date of the parole release interview or until expiration of the\nmaximum term of sentence.\n 7. Deaf person before the board. Whenever any deaf person participates\nin an interview, parole release hearing, preliminary hearing or\nrevocation hearing, there shall be appointed a qualified interpreter who\nis certified by a recognized national or New York state credentialing\nauthority to interpret the proceedings to and the statements or\ntestimony of such deaf person. The department shall determine a\nreasonable fee for all such interpreting services, the cost of which\nshall be a charge upon the department.\n 8. Foreign born or non-English speaking person before the board. Upon\nnotification from the department pursuant to section two hundred\nfifty-nine-e of this article, or upon the request of any foreign born or\nnon-English speaking person who is scheduled to participate in an\ninterview, parole release hearing, preliminary hearing or revocation\nhearing, there shall be appointed from the New York state office of\ngeneral services statewide administrative services contract, a qualified\ninterpreter to interpret the proceedings to and the statements or\ntestimony of such person. The board shall determine a reasonable fee for\nall such interpreting services, the cost of which shall be a charge upon\nthe board of parole. No such request or appointment shall cause a delay\nof release from incarceration of such person.\n 9. The board shall promulgate rules and regulations to facilitate the\npresence of nonprofit service providers able to offer relevant\ncommunity-based services to releasees at all preliminary and final\nrevocation hearings for the purpose of helping people subject to\ncommunity supervision successfully complete such supervision and avoid\nfuture such supervision, and to help ensure presiding officers impose\nthe least restrictive reasonable sanction for any violation of community\nsupervision.\n