2012 New York Consolidated Laws
COR - Correction
Article 8 - (201 - 208) COMMUNITY SUPERVISION
201 - Authority and responsibility for community supervision.

 
    §  201. Authority and responsibility for community supervision. 1. The
  department shall have responsibility for the preparation of reports  and
  other  data required by the state board of parole in the exercise of its
  independent decision making functions.
    2. In accordance with the provisions of this chapter,  the  department
  shall  supervise  inmates released to community supervision, except that
  the department 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.
    3.  To facilitate the supervision of all inmates released to community
  supervision, the commissioner shall consider  the  implementation  of  a
  program  of  graduated  sanctions,  including  but  not  limited  to the
  utilization of a risk and needs  assessment  instrument  that  would  be
  administered  to  all inmates eligible for community supervision. Such a
  program would  include  various  components  including  approaches  that
  concentrate  supervision  on new releases, alternatives to incarceration
  for technical parole violators and the use of enhanced technologies.
    4.  The  department  shall  conduct  such  investigations  as  may  be
  necessary   in   connection   with   alleged   violations  of  community
  supervision.
    5.  The  department  shall  assist  inmates  eligible  for   community
  supervision  and  inmates  who  are  on  community supervision to secure
  employment, educational or vocational training, and housing.
    6. The department shall have the duty to  provide  written  notice  to
  inmates  prior  to  release  to  community  supervision  or  pursuant to
  subdivision six of section 410.91 of the criminal procedure law  of  any
  requirement  to  report  to the office of victim services any funds of a
  convicted person as defined in section six hundred thirty-two-a  of  the
  executive  law,  the  procedure  for  such  reporting  and any potential
  penalty for a failure to comply.
    7. The department shall  encourage  apprenticeship  training  of  such
  persons through the assistance and cooperation of industrial, commercial
  and labor organizations.
    8.  The  department  may  establish a community supervision transition
  program,  which  is  hereby  defined  as   community-based   residential
  facilities designed to aid community supervision violators to develop an
  increased  capacity  for  adjustment  to  community  living. Presumptive
  releasees, parolees, conditional releasees and those under  post-release
  supervision  who have either (a) been found pursuant to article twelve-B
  of the executive law to have violated one or more conditions of  release
  in  an  important respect, or (b) 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 community supervision
  transition facility. Placement in such a  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  department  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. The department 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 community supervision.

    (c) In the event of non-payment of any fees that have not been waived,
  the  department  may  seek to enforce payment in any manner permitted by
  law for enforcement of a debt owed to the state; provided, however, such
  enforcement shall not include use of any private debt collection  agency
  or service.
    (d)  Nothing  contained  in  this  subdivision  affects  or limits the
  provisions of section two hundred fifty-nine-mm of  the  executive  law,
  relating  to  out-of-state  parole  supervision.  Prior to a transfer of
  parole supervision to another state, the department shall eliminate  any
  supervision fee imposed pursuant to this subdivision. The department 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)  (i)  Notwithstanding  any  other  law,  rule or regulation to the
  contrary, and except as  provided  for  in  subparagraph  (ii)  of  this
  paragraph,  the supervision fee authorized by this subdivision shall not
  be collected by the parole officer of a person on community supervision.
  The  department  may  promulgate  rules  and  regulations  to  establish
  alternative  methods  for  payment of such supervision fee by persons on
  community supervision.
    (ii) At any reporting location not under the dominion and  control  of
  the  department,  the  parole  officer  may be authorized to collect the
  supervision fee.
    * NB Repealed September 1, 2013
    10.  The  department  shall  have  the  power  to  grant  and   revoke
  certificates  of  relief  from  disabilities  and  certificates  of good
  conduct as provided for by law.
    11. In any case where a person is entitled to jail time  credit  under
  the provisions of paragraph (c) of subdivision three of section 70.40 of
  the  penal law, to certify to the person in charge of the institution in
  which such person's sentence is being served the amount of such credit.
    12. The department shall supervise all persons who  are  released  and
  subject  to  a regimen of strict and intensive supervision and treatment
  pursuant to article ten of the mental hygiene law. The department  shall
  issue  and  periodically  update  rules  and  regulations concerning the
  supervision of such persons in  consultation  with  the  office  of  sex
  offender management in the division of criminal justice services and the
  office of mental health.
    13. The department shall perform such other functions as are necessary
  and  proper in furtherance of the objective of maintaining an effective,
  efficient and fair system of community supervision.
    14.  The  commissioner  shall  promulgate  such  regulations  as   are
  necessary  and proper for the efficient performance of the functions set
  forth in this article. He or she shall have the  authority  to  contract
  with public or private agencies for the performance of the functions set
  forth  in  this  section  as are necessary or appropriate to promote the
  efficient performance of such  responsibilities,  except  the  functions
  defined in subdivisions one, two, four, ten and twelve of this section.
    15.  The  commissioner shall provide an annual report to the temporary
  president of the senate, the  speaker  of  the  assembly,  the  minority
  leader  of  the  senate  and minority leader of the assembly, commencing
  January first, two thousand twelve. Such report shall include but not be
  limited to the number of persons: released to community supervision  and
  the  release  type;  supervised  on  community  supervision  during  the
  preceding year; whose community supervision  was  revoked;  returned  to
  incarceration  for  conviction  of  a  new  felony  committed  while  on
  community  supervision;  transferred  out  of  state  pursuant  to   the
  Interstate  Compact for Adult Supervision. In addition, the commissioner

  shall  provide   other   available   information   regarding   community
  supervision to the temporary president of the senate, the speaker of the
  assembly,  the  minority leader of the senate and minority leader of the
  assembly upon request.