US Laws, Codes, Statutes & Cases

 
    § 259-a. Division  of parole; functions, powers and duties. Subject to
  the authority of the  chairman:  1.  The  division  shall  cause  to  be
  obtained  and  filed  as soon as practicable, information as complete as
  may be obtainable with regard to each  inmate  who  is  received  in  an
  institution   under   the   jurisdiction  of  the  state  department  of
  correctional  services.  Such  information  shall  include  a   complete
  statement  of  the  crime  for  which the inmate has been sentenced, the
  circumstances of such crime, all presentence memoranda,  the  nature  of
  the sentence, the court in which he was sentenced, the name of the judge
  and  district  attorney and copies of such probation reports as may have
  been made as well as reports as to the inmate's social, physical, mental
  and psychiatric condition and history.
    2. The division shall cause complete  records  to  be  kept  of  every
  person   on   presumptive   release,   parole,  conditional  release  or
  post-release supervision. Such records shall  contain  the  aliases  and
  photograph of each such person, and the other information referred to in
  subdivision  one  of  this  section,  as  well  as all reports of parole
  officers in relation to such persons. Such records shall  be  maintained
  by  the  division and may be made available as deemed appropriate by the
  chairman for  use  by  the  department  of  correctional  services,  the
  division,  and  the  board of parole. Such records shall be organized in
  accordance with methods of filing and indexing designed  to  insure  the
  immediate availability of complete information about such persons.
    3.  The  division  shall  have  responsibility  for the preparation of
  reports and other data required by the state  board  of  parole  in  the
  exercise of its functions.
    4.  The  division  shall  supervise  all inmates released on parole or
  conditional release, or to post-release  supervision,  except  that  the
  division  may  consent  to  the  supervision of a released inmate by the
  United States parole commission pursuant to the witness security act  of
  nineteen hundred eighty-four.
    5.  The division shall conduct such investigations as may be necessary
  in connection with alleged violations of  presumptive  release,  parole,
  conditional release or post-release supervision.
    6. The division shall assist inmates eligible for presumptive release,
  parole  or  conditional  release  and  inmates  who  are  on presumptive
  release, parole, conditional  release  or  post-release  supervision  to
  secure employment, educational or vocational training.
    6-a.  The  division  shall  have the duty to provide written notice to
  persons  who  are  serving  a  term  of  parole,   parole   supervision,
  conditional  release  or  post release supervision of any requirement to
  report to the crime victims board any funds of  a  convicted  person  as
  defined  in  section six hundred thirty-a of this chapter, the procedure
  for such reporting and any potential penalty for a failure to comply.
    7. The  division  shall  encourage  apprenticeship  training  of  such
  persons through the assistance and cooperation of industrial, commercial
  and labor organizations.
    8.  The  division  may  establish a parole transition program which is
  hereby defined as community-based residential facilities designed to aid
  presumptive  release,  parole,  conditional  release   or   post-release
  supervision  violators  develop  an increased capacity for adjustment to
  community living. Presumptive releasees, parolees, conditional releasees
  and those under post-release supervision who have either (i) been  found
  pursuant  to  section  two  hundred fifty-nine-i of this article to have
  violated one or more conditions of release in an important  respect,  or
  (ii)  who  have allegedly violated one or more of such conditions upon a
  finding of probable cause at a preliminary hearing or  upon  the  waiver
  thereof  may  be  placed in a parole transition facility. Placement in a
  parole transition facility upon a  finding  of  probable  cause  or  the
  waiver  thereof  shall not preclude the conduct of a revocation hearing,
  nor, absent a waiver, operate to  deny  the  releasee's  right  to  such
  revocation hearing.
    * 9. (a) The division shall collect a fee of thirty dollars per month,
  from  all  persons over the age of eighteen who after the effective date
  of this subdivision  are  supervised  on  presumptive  release,  parole,
  conditional  release  or  post-release  supervision by the division. The
  division shall waive all or part of  such  fee  where,  because  of  the
  indigence  of  the  offender,  the  payment  of  said  fee would work an
  unreasonable hardship on the person  convicted,  his  or  her  immediate
  family,  or  any  other  person  who  is  dependent  on  such person for
  financial support.
    (b) The supervision fee  authorized  by  this  subdivision  shall  not
  constitute nor be imposed as a condition of parole supervision.
    (c) In the event of non-payment of any fees which have not been waived
  by  the division, the division may seek to enforce payment in any manner
  permitted by law for enforcement of a debt owed to the state.
    (d) Nothing contained  in  this  subdivision  affects  or  limits  the
  provisions of section two hundred fifty-nine-m of this article, relating
  to  out-of-state  parole  supervision.  Prior  to  a  transfer of parole
  supervision  to  another  state,  the  division  shall   eliminate   any
  supervision  fee  imposed pursuant to this subdivision. The division may
  collect a fee, pursuant to this subdivision and regulations  promulgated
  thereunder,  from  any person whose parole supervision is transferred to
  this state from another.
    (e) The chairman  of  the  division  shall  submit  a  report  to  the
  governor, temporary president of the senate, speaker of the assembly and
  the  chairpersons  of  the  senate  crime  and  correction committee and
  assembly corrections committee, senate codes committee and the  assembly
  codes   committee   on   or   before  January  first,  nineteen  hundred
  ninety-three and January first, nineteen hundred  ninety-four  regarding
  the  division's  experience  with the parole supervision fee. The report
  shall include, but not be  limited  to,  amounts  of  fees  imposed  and
  collected,  rates of payment for different categories of convictions and
  types of  offenders,  and  remedies  utilized  and  costs  incurred  for
  collection in cases of non-payment.
    * NB Expires September 1, 2007
    10.  The  division shall perform such other functions as are necessary
  and proper in furtherance of the objective of maintaining an  effective,
  efficient and fair parole system.